Bill 210 — Second Session, 29Th Legislature, 65 Elizabeth Ii the Legislative Assembly of Alberta Bill 210 Protection of Property Rights Statutes Amendment Act, 2016 (Legislature 29, Session 2)

L29 S2 11675

Alberta — Bills

2016 Bill 210 Second Session, 29th Legislature, 65 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 210 PROTECTION OF PROPERTY RIGHTS STATUTES AMENDMENT ACT, 2016 MR. STIER First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . .

1 Bill 210 Mr. Stier BILL 210 2016 PROTECTION OF PROPERTY RIGHTS STATUTES AMENDMENT ACT, 2016 (Assented to , 2016)

Preamble

WHEREAS current legislation limits property rights without providing the right to adequate compensation or notice;

WHEREAS property owners should have the right to a fair hearing if their rights are affected; and

WHEREAS owners of private land and holders of statutory consents should be appropriately compensated or have recourse to the courts where their lands or interests are affected by a regional plan under the Alberta Land Stewardship Act; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Land Stewardship Act Amends SA 2009 c A-26.8 1(1) The Alberta Land Stewardship Act is amended by this section.

(2) Section 9(2) is amended by repealing clauses (

c) and (d).

Explanatory Notes 1 Explanatory Notes Alberta Land Stewardship Act 1(1) Amends

chapter A-26.8 of the Revised Statutes of Alberta, 2009.

(2) Section 9 presently reads in part: 9(1) A regional plan may contain provisions that the Lieutenant Governor in Council considers necessary or appropriate to advance or implement, or to both advance and implement, the purposes of this Act.

(2) Without limiting subsection (1), a regional plan may

(3) The following is added after

section 11: Right to recover financial losses 11.1

(1) Notwithstanding

section 13, if a regional plan affects, amends or rescinds a statutory consent or the terms or conditions of a statutory consent, the holder of the statutory consent may bring a claim against the Crown for any losses the holder may suffer as a result of any effect on or amendment or rescission of the statutory consent under a regional plan.

(2) For the purposes of subsection (1), a claim is limited to a right, application, proceeding or request to a court for damages or other financial relief.

(3) When a holder of a statutory consent receives compensation under this Act or under any other enactment in respect of any effect on or amendment or rescission of the statutory consent by a regional plan, the amount of compensation so received shall be deducted from the amount ordered or awarded by the court to the holder of the statutory consent.

(4) Section 14 is repealed and the following is substituted: Application of the Regulations Act 14 The Regulations Act does not apply to a regional plan.

(5) Section 15 is amended (

a) in subsection (3) by adding “and (6)” after “(5)”;

Explanatory Notes 2 (

c) whether or not another enactment deals with the same, similar or associated matters, make, as part of the regional plan, law on any matter within the legislative authority of the Legislature that is designed to advance or implement, or to both advance and implement, the purposes of this Act; (

d) make, as part of the regional plan, law that may be made as a regulation under this Act, or as a regulation under any other Act, and also make, amend or repeal regulations under any other Act whether (

i) the other Act is enacted before or after this Act comes into force, or (ii) the authority to make regulations under the other Act is given to the Lieutenant Governor in Council, a Minister, a board or agency, or any combination of those persons;

(3) Right to recover financial losses.

(4) Section 14 presently reads: Application of the Regulations Act 14(1) Subject to subsection (2), the Regulations Act does not apply to a regional plan.

(2) The Regulations Act applies to the making, amending or repeal of the regulations under any other Act pursuant to

section 9(2)(d).

(5) Section 15 presently reads:

3 (

b) by adding the following after subsection (5): (6) Subsection (3) does not apply in respect of a right, application, proceeding or request brought by a holder of a statutory consent under

section 11.1.

(6) Section 19.1 is amended (

a) in subsection (1)(

a) by striking out “giving rise to compensation in law or equity” and substituting “directly resulting from a regional plan or an amendment to a regional plan”;

Explanatory Notes 3 Binding nature of regional plans 15(1) Except to the extent that a regional plan provides otherwise, a regional plan binds (

a) the Crown, (

b) local government bodies, (

c) decision-makers, and (

d) subject to

section 15.1, all other persons. (2) Subsection (1) is given effect, if at all, only (

a) by the provisions of the regional plan itself, (

b) in accordance with another enactment, or (

c) as a result of an order of the Court of Queen’s Bench under

section 18.

(3) Subject to subsection (5), subsection (1) does not (

a) create or provide any person with a cause of action or a right or ability to bring an application or proceeding in or before any court or in or before a decision-maker, (

b) create any claim exercisable by any person, or (

c) confer jurisdiction on any court or decision-maker to grant relief in respect of any claim.

(4) For the purposes of subsection (3), a claim includes any right, application, proceeding or request to a court for relief of any nature whatsoever and includes, without limitation, (

a) any cause of action in law or equity, (

b) any proceeding in the nature of certiorari, prohibition or mandamus, and (

c) any application for a stay, injunctive relief or declaratory relief. (5) Subsection (3) does not apply in respect of an application by the stewardship commissioner to the Court of Queen’s Bench under

section 18.

(6) Section 19.1 presently reads in part: Right to compensation for compensable taking 19.1(1) In this section,

4 (

b) in subsection (2) by striking out “, as a direct result of a regional plan or an amendment to a regional plan,”. Responsible Energy Development Act Amends SA 2012 c R-17.3 2(1) The Responsible Energy Development Act is amended by this section.

(2) Section 31 is repealed and the following is substituted: Notice of application 31(1) The Regulator shall on receiving an application ensure that public notice of the application is provided in accordance with the rules.

(2) In addition to the public notice provided in subsection (1), if it appears to the Regulator that its decision on an application may directly and adversely affect the rights of a person, the Regulator shall give the person (

a) notice of the application, (

b) a reasonable opportunity of learning the facts bearing on the application and presented to the Regulator by the applicant and other parties to the application,

Explanatory Notes 4 (a) “compensable taking” means the diminution or abrogation of a property right, title or interest giving rise to compensation in law or equity; (b) “private land” means land that is owned by a person other than (

i) the Crown in right of Alberta or of Canada or their agents, or (ii) a municipality; (c) “registered owner” means a person registered in a land titles office as the owner of an estate in fee simple in private land or freehold minerals.

(2) If, as a direct result of a regional plan or an amendment to a regional plan, a registered owner has suffered a compensable taking in respect of the registered owner’s private land or freehold minerals, the registered owner may, within 12 months from the date that the regional plan or amendment comes into force, apply to the Crown for compensation in accordance with the regulations. Responsible Energy Development Act 2(1) Amends

chapter R-17.3 of the Statutes of Alberta, 2012.

(2) Section 31 presently reads: Notice of application 31 The Regulator shall on receiving an application ensure that public notice of the application is provided in accordance with the rules.

5 (

c) a reasonable opportunity to furnish evidence relevant to the application or in contradiction or explanation of the facts or allegations in the application, (

d) if the person will not have a fair opportunity to contradict or explain the facts or allegations in the application without cross-examination of the person presenting the application, an opportunity of cross-examination in the presence of the Regulator or its hearing commissioners, and (

e) an adequate opportunity of making representations by way of argument to the Regulator or its hearing commissioners.

(3) When by subsection (2) a person is entitled to make representations to the Regulator or its hearing commissioners, the Regulator is not or hearing commissioners are not by subsection (2) required to afford an opportunity to the person (

a) to make oral representations, or (

b) to be represented by counsel, if the Regulator or hearing commissioners afford the person an opportunity to make representations adequately in writing, unless the statutory provision authorizing the Regulator’s decision requires that a hearing be held.

(4) A notice in subsection (2)(

a) must be given by the following methods: (

a) mailing the notice to each owner of land that is adjacent to the land that is the subject of the application, (

b) posting the notice on the land that is the subject of the application, and (

c) sending the notice by personal delivery or courier to a person who would not receive notice under clause (

a) or (b). Coming into force 3 This Act comes into force on June 30, 2017.

Explanatory Notes 5 3 Coming into force.

Record of Debate STAGE DATE MEMBER FROM TO TOTAL CUMULATIVE TOTAL Title: 2016 (29th, 2nd) Bill 210, Protection of Property Rights Statutes Amendment Act, 2016

Document details

Collection	Alberta — Bills
Citation	L29 S2 11675
Type	bill
Volume / chapter	L29 S2 11675
Language	en
Format	json
Source	PROVINCIAL
Identifier	8c74839f40e1330347e032459a78fc09b4da8030

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