Public Lands Administration Regulation (Alta. Reg. 187/2011)

Alta. Reg. 187/2011

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 187/2011 With amendments up to and including Alberta Regulation 142/2025 Current as of June 11, 2025 PUBLIC LANDS ACT PUBLIC LANDS ADMINISTRATION REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

1 (Consolidated up to 142/2025) ALBERTA REGULATION 187/2011 Public Lands Act PUBLIC LANDS ADMINISTRATION REGULATION Table of Contents

Part 1 General 1

Definitions 1.1 Corporations 2 Interest of disposition holder 3 Disturbance standards 4 Agreements among holders 5 Ancillary facilities 6 Sale of public land 7 Exchange of public land 8 Rejection of application where certain debts owed 9 Application for formal disposition 10 Issuance of formal disposition 11 Application for authorization 12 Issuance of authorization 13 Application for approval 14 Issuance of approval 15 Deemed rejection 16 Consideration of disturbance standards 17 Renewal of dispositions 18 Application for renewal 18.1 Renewal on director’s initiative 19 Issuance 20 E x p i r y 21 Duties of holders 22 Security 23 Reclamation of land 24 Indemnification 25 Waiver of condition 26 Retrospective disposition 27 Fences 28 Monthly billing

AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 2 29 Interest on money owing

Part 2 General Access to Public Land and Trespass 30

Definitions 31 Entry for public health or safety purposes 31.1 Use of firearms on public land Division 1 Public Use of Vacant Public Land 32 General licence respecting recreational purposes 33 General licence respecting trails 33.1 Activity pass requirement 33.2 Camping on vacant public land 33.3 Signs or notices for wa ter crossing for trails 34 Restrictions and paramountcy 35 Direction to leave 35.1 Direction to leave and requiring activity pass 35.2 Direction to leave in case of loss or damage Division 2 Access Permits 37 Issuance of access permits 37.1 Access permits for commercial purposes 38 Terms and conditions 39 Expiry of access permit 40 No transfer or assignment 41 Making access permit available 42 Professional outfitters 42.1 Rights under

Part II of the Constitution Act, 1982 Division 3 Trespass to Vacant Public Land 43 Prohibition 44 Prohibition – secured area 44.1 Prohibition – activity pass area 45 Prohibition - trespassing 46 Liability of driver 47 Liability of owner 48 Notice of closure 48.1 Notice of prohibition or rest riction of uses and activities

AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 3 48.2 Prohibition or restricti on — uses and activities for recreational purpose

Part 3 Dispositions 49 Definition Division 1 Grazing Dispositions General 50 Eligibility to hold grazing disposition 51 Information by holder 52 Limitation respecting corporation 53 Range management 54 Return 55 Other livestock 56 Cultivation 57 Cutting of hay and timber 58 Crown not liable Grazing Leases 60 Cutting timber 61 Trapping Grazing Licences 62 Definition 63 Exclusive grazing rights — licensed area 64 Director’s powers 65 Holder’s duties 66 Grazing licence in forest management area 67 Limitation of compensation Grazing Permits 68 Grazing permit 69 Exclusivity Head Tax Permits 70 Issue of head tax permits 71 Head tax permit not assignable Grazing of Bison 72 Approval to graze bison

AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 4 73 Restriction 74 Cancellation 75 Prohibition 76 Testing and marking Division 2 Grazing Land Range Improvement 77 Approval for range improvements 78 Assistance 79 Agreements respecting assistance 80 Effect of agreement 81 Duties of holder 82 Improvements belong to Crown 83 Rental credits Division 3 Farm Development 85

Definitions 86 Lease for farm development 87 Eligibility 90 Cultivation permits Division 4 Licence of Occupation 91

Definitions 92 Withdrawal of land 93 No compensation 94 Right to construct roads 95 Holder’s duty respecting roads 96 Closing roads 97 Enforceability of order 98 Commercial use of road 99 Application of Recreational Access Regulation Division 5 Mineral Surface Leases 100 Definition 101 Issuing of lease 102 Term of lease 103 Proof of right to work minerals 104 Crossing roadway

AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 5 Division 6 Surface Material Dispositions 105

Definitions Surface Material Licences 106 Issuance and effect of licence 107 Amounts payable 108 Term 109 Licence not assignable Surface Material Leases 110 Issuance and effect of lease 111 Term 112 Detailed operating plan 113 Annual return 114 Payment of royalty 115 Removal of surface material by others General 116 Operator’s duties 117 Exploration program 118 Records 119 Information to director 120 Surface materials auditor Division 7 Pipeline Dispositions 121

Definitions Agreements 122 Pipeline agreements 123 Other dispositions 124 Access over public land 125 Additional pipeline 126 No removal of surface material 127 Completion of work Leases 128 Issuing leases 129 Term of lease 130 Crossing roadway 131 Sale of land under lease

AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 6 Division 8 Commercial Trail Riding Dispositions 132

Definitions 133 Trail ride management areas 134 Commercial trail riding permit 135 Application for permit 136 Single operator 137 Term and renewal of permit 138 Multiple areas 139 Operating season 140 Camping 141 Operator’s duties 142 Grazing 143 Base camp lease Division 8.1 Leases and Dispositions for Commercial Tourism, Recreation and Resort Purposes 143.1

Definitions 143.2 Issuance of lease for tourism and commercial recreation purposes 143.3 All season resort disposition 143.4 Application for all-season resort disposition Division 9 Miscellaneous Dispositions 144 Miscellaneous dispositions 145 Term

Part 4 Mortgages, Assignments, Transfers and Subleases Division 1 General 146 Application for approval 147 Transfer on death 148 Registration 149 Limitations 150 Conditional approval 151 Effect of rejection, refusal or breach

AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 7 Division 2 Mortgage of Dispositions 152 Limitations Division 3 Assignments and Transfers 153 Rejection of application for approval to assign or transfer 154 Questioning assignee 155 Grazing lease 156 Limitations on assignm ents of grazing leases 157 Dispositions authorizi ng the grazing of bison 158 Assignments affecting range improvements 159 Rental credits

Part 5 Reinstatement of Dispositions 160 Application for reinstatement 161 Limitations on reinstatement 162 Reinstatement hearing 163 Order for reinstatement

Part 6 Monitoring and Compliance 164 Definition 165 Reporting requirement

Part 7 Access to Information 166 Access to information 167 Provision o f information

Part 8 Enforcement 168 Stop orders 169 Order respecting bison 170 Payment for un authorized use 171 Administrative penalty 172 Publication of information 173 Requirement to comply 174 Offences 175 Due diligence defence 176 Public health and safety, prope rty protection and emergencies

AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 8

Part 9 Public Land Uses 177

Interpretation Division 1 Zones, Areas and Trails for Recreation 178 Public land use zones declared 179 Public land recreation areas declared 181 Orders, directions and notices 182 Order of officer 183 Maintenance and restor ation of public land 184 Closure of areas 185 Restrictions on conveyances and camping 186 Designations and directions re: public land use zones and trails 187 Open fires prohibited in pub lic land recreation areas 188 Use of firearms, explo sives or traps in public land recreation areas 188.1 Use of firearms, exp losives or traps on provincial trails 188.2 Signs or notices prohibiting traps 189 Use of motor vehicles restricted 190 Camping 191 Use of kitchen shelters 192 Prohibition respecting big game 193 Use of livestock 194 Pets of users 195 Prohibition on damage and removal of resources 196 Post no bills 197 Maintenance and restoration of land 198 Quiet and peaceful enjoyment 199 Directions re: public land recreation areas and trails 199.1 Direction to leave 199.2 Notice of prohibiti on and restriction 199.3 Prohibition or restri ction — operation of conveyances on provincial trail 199.4 Closure of provincial trails 199.5 Prohibition — closure of provincial trails 200 Prohibition 200.1 Prohibition on provincial trails 201 Directions of officer 202 No entry after order of officer

AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 9 203 Waste disposal 204 Vacating campsite 205 Nuisances 206 Operation of conveyances restricted 207 Pets of users on provincial trails 207.1 Authorized activities for maintenance 207.2 Trail damage Division 2 Public Land Set Aside for Special Management 208 Zone established

Part 10 Appeals and Dispute Resolution 209

Definitions Division 1 General 210 Appeals co-ordinator 211 Decisions that can be appealed 212 Who may appeal 213 Grounds for appeals Division 2 Public Lands Appeal Board 214 Public Lands Appeal Board 215 Application of certain sections 216 Notice of appeal 217 Service of notice of appeal 218 Effective date of notice of appeal 219 Rejection and notice of rejection 220 Combining notices of appeal 221 Appointment of panel 222 Remuneration 223 Composition of panel 224 Notice of hearing 225 Written submissions 226 Mediation 227 Recommendation based on parties’ agreement 228 Hearing of appeal 229 Questions 230 Closing arguments 231 Adjournments

Section 1 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 10 232 C o s t s Division 3

Summary Appeals 233

Summary appeal 234 Notice of

summary appeal Division 4 Report of Appeal Body 235 Report 236 Effect of delay

Part 11 Transitional Provisions, Consequential Amendments, Repeals, Expiry and Coming into Force 237 Transitional 238-243 Consequential amendments 244 Repeals 245 E x p i r y 246 Coming into force Schedules

Part 1 General

Definitions 1(1) In this Regulation, (a) “access permit” means an a uthorization issued under

section 37; (b) “Act” means the Public Lands Act; (bb.1) “resident fur management licence” means a resident fur management licence issued under the Wildlife Regulation (AR 143/97); (

c) repealed AR 145/2019 s2; (d) “administrative penalty” means a penalty imposed under

section 171; (e) “approval” means an instrument, other than a formal disposition or an authorization, that is issued to a person

Section 1 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 11 by or on behalf of the Department and that grants to the person the permission or consent of the Minister, a director or an officer that is required under the Act, the regulations or the conditions of a formal disposition or an authorization; (f) “authorization” means an ins trument, other than a formal disposition or an approval, by which an authorization under

section 20(1)(a), (

b) or (

e) of the Act is granted; (f.1) “camping accommo dation unit” means (

i) a motor home, (ii) a van, (iii) a truck camper, (iv) a trailer, (

v) a tent trailer, or (vi) a tent used or intended to be u sed by a person as shelter equipment while camping; (g) “development” includes construction or work to clear a site, build an access road, carry out excavations, build structures or install equipment and any combination of these; (h) “disposition authorizing the grazing of bison” means (

i) a grazing disposition that is the subject of an approval under

section 72, or (ii) a disposition listed in

Schedule 3; (i) “disturbance”, in respect of public land, means human activity that moves or removes one or more of the following features of the public land or that alters or results in the alteration of the state of one or more of those features from the state in which it existed before the human activity occurred, and includes any change in the intensity, frequency or nature of the human activity: (

i) vegetation; (ii) soil; (iii) subsoil;

Section 1 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 12 (iv) bedrock; (

v) landform; (vi) wetland; (vii) water body or watercourse; (viii) air flow or wind currents; (ix) ambient sound volumes; (

x) light or shade; (j) “disturbance standard” means a standard established under

section 3; (k) “enforcement order” means an order under

section 59.1 of the Act; (l) “equivalent land capability”, except in

section 127, means, in respect of land that is the subject of a disposition, a condition in which the ecosystem processes on the land are capable of producing goods and services of a quality and in a quantity that is at least equivalent to that which existed before the disposition was issued to the holder; (l.1) “firearm” means a pistol, rifle, gun, sling-shot, bow and arrow or any other device that discharges a potentially harmful missile; (m) “footprint” means the impact or extent of a disturbance on public land and includes the intensity, frequency and nature of any uses or activities related to the disturbance; (n) “forest management area” me ans public land that is the subject of a forest management agreement under the Forests Act; (o) “formal disposition” means a disposition issued under the Act before or after the coming into force of this Regulation and bearing a title and number assigned by the Department for the purposes of identifying the disposition in the records of the Department, and includes numbered instruments bearing the title (

i) all-season res ort disposition, (i.1) commercial trail riding permit, (ii) repealed AR 57/2017 s2,

Section 1 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 13 (iii) easement, (iv) farm development lease, (

v) grazing lease, (vi) grazing licence, (vii) licence of occupation, (viii) mineral surface lease, (ix) miscellaneous lease, (

x) pipeline agreement, (xi) pipeline installation lease, (xii) surface material lease, (xiii), (xiv) repealed AR 57/2017 s2, (xv) lease for tourism and co mmercial recreation purposes, or any other instrument issued in a form prescribed under

section 6 of the Act; (p) “grazing association” means a corporation that is the holder of a grazing disposition for the benefit of its shareholders, partners, principals or members; (q) “grazing disposition” means (

i) a grazing disposition issued under the Dispositions and Fees Regulation (AR 54/2000) before the coming into force of this Regulation, or (ii) a disposition issued under

section 50(1); (r) “provincial grazing reserv e” means public land that is the subject of a community grazing reserve established under

section 107 of the Act; (r.1) “provincial trail” means an area of public land designated as a provincial trail under

section 71.01(1) of the Act; (s) “public land recreation ar ea” means an area of public land declared in

section 179 to be a public land recreation area and described in

Schedule 5; (

t) repealed AR 15/2022 s2;

Section 1 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 14 (u) “public land use zone” means an area of public land declared in

section 178 to be a public land use zone and described in

Schedule 4 or declared in

section 208 to be a public land use zone and described in

Schedule 7; (v) “range” means public land th at is the subject of a grazing disposition; (w) “range development plan” means an instrument defining goals, specific objectives and specific outcomes to be achieved by a holder during a certain period and related to the construction, maintenance or repair of range improvements for the purposes of the proper use and management of the holder’s grazing disposition, including management for the purposes of increasing or maintaining the carrying capacity of the grazing disposition; (x) “range improvement” means a modification to the range or to any resource on the range for the purposes of the proper use and management of a grazing disposition, including specific management for the purposes of increasing or maintaining the carrying capacity of the grazing disposition; (y) “range improvement agreement” means an agreement referred to in

section 79(

c) between the holder of a grazing disposition and the Minister for the purposes of conducting one or more range improvements under Division 2 of

Part 3; (z) “range management plan” means an instrument defining goals, specific objectives and specific outcomes to be achieved by a holder during a certain period for the proper use and management of the holder’s grazing disposition; (aa) “register” means to pos t an application, approval, authorization, disposition or any other instrument in a book or record of public lands administration maintained by or on behalf of the Department for that purpose; (bb) “registered fur manageme nt licence” means a registered fur management licence issued under the Wildlife Regulation (AR 143/97); (cc) “stop order” means an ord er under

section 59.2 of the Act; (dd) “subject land”, in respect of a disposition, means public land that is the subject of the disposition or to which the disposition relates;

Section 1.1 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 15 (ee) “timber disposition” means timber disposition as defined in the Forests Act; (ee.1) “trail manager” means a trail manager appointed under th e Trails Act; (ff) “vacant disposition area” means public land (

i) on which no development is occurring or is likely to occur for 90 days, (ii) that is under the adminis tration of the Minister, and (iii) that is the subject of (

A) an authorization, easement, miscellaneous permit, commercial trail riding permit, pipeline agreement or provincial grazing reserve (

B) a licence of occupation, unless the public land is a closed road within the meaning of

section 54.01 of the Act, (

C) a timber disposition, (

D) a grazing allotment under the Forest Reserves Act, or (

E) a registered fur management licence; (gg) “vacant public land” means a vacant disposition area or other land that is under the administration of the Minister and that is not the subject of a formal disposition.

(2) Repealed AR 145/2019 s2. AR 187/2011 s1;6/2017;57/2017;55/2019;145/2019; 15/2022;129/2022;220/2024 Corporations 1.1(1) In this section, “corporate holder” means a corporation that holds a grazing lease or grazing licence.

(2) For the purposes of

section 114.1(2) of the Act and subsection (3) of this section, a corporation is associated with a corporate holder if (

a) the corporation holds shares in the corporate holder, (

b) the corporation holds shares in a corporation referred to in clause (a), or

Section 2 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 16 (

c) the corporation holds shares in a corporation that holds shares in another corporation so that, together with any one or more intervening corporations, an ownership chain to the corporate holder exists.

(3) For the purposes of

section 114.1(3) of the Act, a change in the beneficial ownership of the issued and outstanding shares of a corporate holder includes a change in the direct ownership, or ownership through a trustee, legal representative, agent or other intermediary, of any of the issued and outstanding shares of the corporate holder or an associated corporation. AR 145/2019 s3 Interest of disposition holder 2 Subject to the Act and this Regulation, a disposition holder has only the estate, interest, rights and privileges expressly provided in the disposition. Disturbance standards 3(1) The Minister may establish disturbance standards setting the maximum acceptable footprint that a class or combination of (

a) activities, (

b) uses, (

c) dispositions, or (

d) ancillary facilities may have on public land or a class of public land.

(2) The Minister must not establish a disturbance standard unless the Minister is satisfied that appropriate public consultation has first been conducted.

(3) Where the holder of a disposition agrees to comply with a standard that is higher than a disturbance standard applicable to the disposition, the Minister may, by order, reduce any rental or other fees that would otherwise be payable under the Act by the holder in respect of the disposition. Agreements among holders 4(1) Holders of dispositions respecting the same land and holders or owners of adjoining land may enter into agreements respecting (

a) activities occurring on the land that is the subject of th e dispositions or on the adjoining land,

Section 5 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 17 (

b) the conduct of business by them that relates to the land that is the subject of the dispositions or to the adjoining land, (

c) the allocation of costs payable by or among them, or (

d) any other matter that could be the subject of a disturbance standard applicable to the dispositions, to the subject land or to the adjoining land.

(2) The Minister may elect to be a party to any agreement made under subsection (1) respecting land that is under the administration of the Minister.

(3) If the Minister is a party to an agreement under subsection (1), the Minister may rescind the Minister’s agreement at any time on giving one year’s notice in writing to every other party to the agreement.

(4) Notice under subsection (3) may be given to a party by sending the notice to the address provided to the Department by that party.

(5) The Minister may cancel an agreement to the extent that it relates to public land under the administration of the Minister, whether or not the Minister is a party to the agreement, by using the same procedure that

section 27 of the Act sets out for the cancellation of dispositions. Ancillary facilities 5(1) In this section, “ancillary facility” means a structure identified as an ancillary facility in a disturbance standard.

(2) Before constructing or occupying an ancillary facility, the holder of a formal disposition, a timber disposition or a registered fur management licence must apply for and obtain (

a) a disposition under subsection (3), and (

b) any other disposition required by an applicable disturbance standard referred to in subsection (1).

(3) The director may issue a disposition authorizing the construction or occupation, or both, of an ancillary facility if (

a) the proposed ancillary facility is located on the land th at is the subject of a formal disposition or a timber disposition held by the applicant, or is located within a registered fur management area to which a registered fur management licence held by the applicant relates,

Section 6 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 18 (

b) the proposed ancillary facility complies with all applicab le disturbance standards, and (

c) the holder certifies that the proposed ancillary facility will be occupied (

i) only for the purposes for which the formal disposition, timber disposition or registered fur management licence was issued, and (ii) for a total of fewer th an 180 days in each calendar year during which the formal disposition, timber disposition or registered fur management licence is in effect.

(4) The director may issue a disposition for an ancillary facility that was constructed and occupied before the coming into force of this

section if the requirements of subsection (3) are met.

(5) A disposition issued under this

section expires on the expiry, cancellation, assignment, transfer or abandonment of the formal disposition, timber disposition or registered fur management licence in respect of which it was issued. Sale of public land 6(1) In this section, “sell” means to transfer, as defined in the Land Titles Act, for valuable consideration, and includes a notification issued under

section 30 of the Act or an instrument of transfer prescribed under the Land Titles Act.

(2) The Minister may, subject to the Act and regulations, sell public land by public auction, private sale or tender, on the terms and conditions the Minister considers appropriate and at a price not less than the fair value of the land.

(3) In determining the price at which the land will be sold, the Minister may take into consideration the purposes for which the land will be used. Exchange of public land 7 The Minister may, subject to the Act and regulations and any applicable ALSA regional plan, exchange public land for other land if, in the opinion of the Minister, adequate compensation is obtained for the public land. Rejection of application where certain debts owed 8 The Minister, a director or an officer, as the case may be, may refuse an application where the applicant has a debt owing to the

Section 9 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 19 Crown, or, with regard to any public land, owes arrears of taxes to a municipality. Application for formal disposition 9(1) An application to the director for a formal disposition (

a) must be made in a form acceptable to the director, (

b) must contain an accurate description, acceptable to the director, of the land to which the application relates, (

c) must, subject to any waiver under subsection (3), be accompanied with all applicable fees and other charges prescribed under

section 9.1 of the Act, (

d) must, if the application is for a disposition under sectio n 5 authorizing the construction or occupation of an ancillary facility, be accompanied with a statement in a form acceptable to the director certifying the matters referred to in

section 5(3)(c), (

e) must, if the application relates to public land that is already the subject of a disposition under the Act or a timber disposition, be accompanied with a statement of consent, in a form acceptable to the director, that is signed by the disposition holder or timber disposition holder, (

f) must be accompanied with a statement, in a form acceptable to the director, in which the applicant certifies that all proposed developments on the land to which the application relates will comply with all applicable disturbance standards, and (

g) must be accompanied with any other documentation required under

Part 3.

(2) Within 30 days after service of a notice from the director requiring it, an applicant for a disposition must deliver to the director (

a) security in an amount and f orm acceptable to the director for the performance of some or all of the applicant’s obligations under the Act, the regulations and the disposition applied for, and (

b) any relevant information the director requests for the purposes of considering the application.

(3) The director may waive the application of clause (1)(

c) for any particular application and instead issue an invoice to the applicant

Section 10 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 20 for payment of any applicable fees or charges under

section 9.1 of the Act, which invoice may be enforced as a debt owing to the Crown. (4) Subsection (1)(

e) does not apply to an application for renewal under

section 18.

(5) The director (

a) must reject an applica tion if it does not meet the requirements of this

section or if the applicant is served with a notice under subsection (2) and does not comply with that subsection, and (

b) in any other case, must acce pt the application and proceed to consider it on its merits.

(6) The director must register a notice of the acceptance or rejection of an application under this

section within 30 days after receiving the application.

(7) Where an application is rejected under this section, the director must notify the applicant of the rejection in writing as soon as possible. AR 187/2011 s9;57/2017 Issuance of formal disposition 10(1) The director may issue or refuse to issue a formal disposition applied for under

section 9.

(2) The director may issue a formal disposition subject to any terms and conditions the director considers appropriate.

(3) The terms and conditions of a formal disposition may be more stringent, but may not be less stringent, than applicable terms and conditions provided for in the Act and regulations.

(4) The director must register a notice of the issuance or refusal to issue within one year after registering a notice under

section 9(6).

(5) Where the director refuses to issue a formal disposition to an applicant, the applicant may submit a written request to the director requesting written reasons for the decision.

(6) Written reasons requested under subsection (5) must be provided to the applicant within 12 days after receipt of the request.

Section 11 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 21 Application for authorization 11(1) An application to the director or an officer for an authorization (

a) must be made in a form and manner acceptable to the director or the officer to whom it is made, (

b) must contain an accurate description, acceptable to the director or the officer to whom the application is made, of the land to which the application relates, and (

c) subject to subsection (3), must be accompanied with all applicable fees and charges prescribed under

section 9.1 of the Act.

(2) Within 30 days after service of a notice from the director or officer requiring it, an applicant for an authorization must deliver to the director or officer (

a) security, in an amount and form acceptable to the director or officer, for the performance of some or all of the applicant’s obligations under the Act, the regulations and the authorization applied for, in addition to any other security deposited with the Department by or on behalf of the applicant, (

b) a statement of consent, in a form acceptable to the director or officer, respecting the applicant’s access to the land to which the application relates, and (

c) any other relevant inform ation the director or officer requests for the purposes of considering the application.

(3) The director or officer may waive the application of subsection (1)(

c) and instead issue an invoice to the applicant for payment of any applicable fees or charges prescribed under

section 9.1 of the Act, which invoice may be enforced as a debt owing to the Crown.

(4) The director or officer (

a) must reject the applica tion if it does not meet the requirements of subsection (1) or if the applicant is served with a notice under subsection (2) and does not comply with that subsection, and (

b) in any other case, must acce pt the application and proceed to consider it on its merits.

(5) The director or officer must register a notice of the acceptance or rejection of an application under this

section within 30 days after receiving the application.

Section 12 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 22

(6) Where an application is rejected under this section, the director or officer must notify the applicant of the rejection in writing as soon as possible. Issuance of authorization 12(1) The director or the officer to whom an application under

section 11 is made may issue or refuse to issue the authorization.

(2) The director or officer may issue an authorization subject to any terms and conditions the director or officer considers appropriate.

(3) The terms and conditions of an authorization may be more stringent, but may not be less stringent, than applicable terms and conditions provided for in the Act and regulations.

(4) The director or officer must register a notice of the issuance or refusal to issue within 90 days of registering a notice under

section 11(5). Application for approval 13(1) An application to the Minister or the director for an approval (

a) must be made in a form and manner acceptable to the Minister or the director, (

b) must, if the application is for an approval respecting the assignment of a grazing lease, be accompanied with proof of any applicable circumstances referred to in

section 156(2), (

c) must, if the application is for the director’s approval un der

section 61(1)(b), be accompanied with a record of refusal of entry by the holder of the grazing lease, (

d) must, if the application is for an approval respecting the assignment of a grazing disposition, be accompanied with proof of any rental credit balance referred to in

section 159, (

e) must, if the application is for the director’s approval un der

section 140(1)(b), be accompanied with a record of refusal of camping by the other operator, (

f) must be accompanied with a copy of (

i) any provisions of the Act or regulations requiring the applicant to obtain the approval,

Section 13 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 23 (ii) any provisions of an applicable ALSA regional plan requiring the applicant to obtain the approval, and (iii) any formal disposition or authorization requiring the applicant to obtain the approval, a n d (

g) subject to any waiver under subsection (3), must be accompanied with all applicable fees and other charges prescribed under

section 9.1 of the Act.

(2) Within 30 days after service of a notice from the Minister or the director requiring it, an applicant for an approval must deliver to the Minister or the director (

a) security in an amount and f orm acceptable to the Minister or director for the performance of some or all of the applicant’s obligations under the Act, the regulations and the approval applied for, in addition to any other security deposited with the Department by or on behalf of the applicant, and (

b) any other relevant informa tion the Minister or the director requests for the purposes of considering the application.

(3) The Minister or the director may waive the application of subsection (1)(

g) for any particular application and instead issue an invoice to the applicant for any applicable fees or charges under

section 9.1 of the Act, which invoice may be enforced as a debt owing to the Crown.

(4) The Minister or the director (

a) must reject the applica tion if it does not meet the requirements of this

section or if the applicant is served with a notice under subsection (2) and does not comply with that subsection, and (

b) in any other case, must acce pt the application and proceed to consider it on its merits.

(5) The director must register a notice of the acceptance or rejection of an application under this

section within 30 days after receiving the application.

(6) Where an application is rejected under this section, the director must notify the applicant of the rejection in writing as soon as possible.

Section 14 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 24 Issuance of approval 14(1) The Minister or the director may issue or refuse to issue an approval applied for under

section 13.

(2) The Minister or the director may issue an approval subject to any terms and conditions the Minister or the director considers appropriate.

(3) The terms and conditions of an approval may be more stringent, but may not be less stringent, than applicable terms and conditions provided for in the Act and regulations.

(4) The director must register a notice of the issuance or refusal within 90 days after registering a notice under

section 13(5). AR 187/2011 s14;57/2017 Deemed rejection 15(1) Subject to this section, an application under

section 9, 11 or 13 is deemed to have been rejected if the director does not register a notice under

section 9(6), 11(5) or 13(5) within the 30-day period provided by those sections.

(2) The director may, by written notice to the applicant, extend the 30-day period referred to in subsection (1) for a further period not exceeding 90 days if the director considers it appropriate to do so in the circumstances.

(3) If an applicant requires regulatory approval for a development on land that is the subject of a disposition for which the applicant has applied, the director may, by written notice to the applicant, extend the period referred to in subsection (1) for an indefinite period pending the outcome of any proceedings related to the regulatory approval.

(4) A deemed rejection under this

section is appealable under

Part 10. Consideration of disturbance standards 16 Where the Minister, the director or an officer is issuing, amending or renewing a disposition, the Minister, director or officer must take into consideration any applicable disturbance standards and may specify any terms and conditions in the disposition that the Minister, the director or officer considers appropriate to help ensure that the disturbance standards are complied with. AR 187/2011 s16;57/2017

Section 17 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 25 Renewal of dispositions 17(1) Subject to the Act, this Regulation and any applicable ALSA regional plan, where the holder of a disposition is in compliance with the Act, this Regulation and the terms and conditions of the disposition, the director may, on application by the holder or on the director’s own initiative, renew the disposition.

(2) The director may, subject to the Act and this Regulation and any applicable ALSA regional plan, (

a) renew a disposition under s ubsection (1) for any period of time the director considers appropriate, and (

b) on renewing a disposition under subsection (1), add to, vary or delete the terms and conditions to which the disposition was previously subject. AR 187/2011 s17;98/2024 Application for renewal 18(1) A holder of a disposition may, at any time after at least one half of the term of the disposition has expired but before the expiry of its term, make an application to the director to renew the disposition.

(2) An application for renewal of a formal disposition must be made in accordance with

section 9.

(3) An application for renewal of an authorization must be made in accordance with

section 11.

(3.1) Notwithstanding subsections (2) and (3), the director may waive any of the requirements of sections 9 and 11 for the renewal of a formal disposition or authorization, except the requirement to pay all applicable fees and other charges prescribed under

section 9.1 of the Act.

(4) If a holder of a formal disposition or an authorization applies to renew the formal disposition or authorization before development contemplated in, or required by, the formal disposition or authorization has occurred in respect of the subject land, the director may (

a) require the holder to attend at the office of the director to answer questions and provide information about when the development will occur, (

b) approve renewal of the aut horization or formal disposition for any term the director considers appropriate in the circumstances but not exceeding any maximum term set

Section 18.1 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 26 by or under the Act or this Regulation for that class of disposition, (

c) refuse the renewal, or (

d) direct that, on the expiry of the current term of the form al disposition or authorization, any right or interest of the holder in the subject land be offered for sale by public tender or auction.

(5) If, on questioning the holder under subsection (4)(a), the director is not satisfied that the land under the disposition will be developed on a timely basis, the director may refuse to renew the disposition. AR 187/2011 s18;98/2024 Renewal on director’s initiative 18.1(1) The director may renew a disposition on the director’s own initiative at any time after at least one half of the term of the disposition has expired and before the expiry of its term.

(2) The director shall notify a disposition holder in writing no later than 90 days before the expiry of the disposition if the director intends to renew the disposition on the director’s own initiative.

(3) The director may require the disposition holder to deliver to the director within 30 days after service of notice (

a) security in an amount and f orm acceptable to the director for the performance of some or all of the disposition holder’s obligations under the Act, the regulations and the disposition in addition to any other security deposited with the Department by or on behalf of the disposition holder, (

b) a statement of consent, in a form acceptable to the director, respecting the disposition holder’s access to the land to which the renewal relates, and (

c) any relevant information the director requests for the purposes of renewal of the disposition.

(4) If a disposition holder is served with notice under subsection (3) and does not comply or if the director is not satisfied with what is provided under subsection (3)(

a) or (b), the director shall notify the disposition holder in writing that (

a) the director will not proceed with the director-initiated renewal, and

Section 19 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 27 (

b) an application for re newal may be submitted in accordance with

section 18.

(5) If the director does not proceed with renewing a disposition on the director’s own initiative, the director may extend the expiry date of a disposition for an amount of time that the director considers reasonable to allow for the disposition holder to apply to renew the disposition.

(6) The director shall notify the disposition holder in writing of an expiry date extension made under subsection (5).

(7) If the director renews a disposition on the director’s own initiative, the director may issue an invoice for, and the disposition holder shall pay, all applicable fees and other charges prescribed under

section 9.1 of the Act, which may be enforced as a debt owing to the Crown. AR 98/2024 s4 Issuance 19 A disposition must be in writing and may be issued by electronic means. Expiry 20(1) Where a disposition expires without an application for renewal being made by its holder, the director may register its expiry without notice to the former holder of the disposition.

(2) Where an application for renewal of a disposition is made and is rejected or refused or a disposition holder informs the director that they do not want a disposition to be renewed on the director’s own initiative, all rights and interests of the disposition holder in respect of the subject land cease on the expiry or cancellation of the disposition.

(3) Where a disposition expires without being renewed and the former holder of the disposition does not vacate the subject land, the former holder is deemed to be an overholding tenant on a month-to-month basis in respect of the subject land, and the director may do one or more of the following as the director considers appropriate in the circumstances: (

a) take one or mor e enforcement actions in respect of the subject land or any activity on it; (

b) issue a formal disposition to the holder of the expired disposition in place of the expired disposition, whether or not an application has been made for the formal disposition;

Section 21 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 28 (

c) issue an authorization to the holder of the expired disposition to carry out any work on the subject land that the director considers necessary, whether or not an application has been made for the authorization; (

d) dispose of chattels and improvements in accordance with

section 62 of the Act; (

e) direct that any interest of the holder in the subject lan d be offered for sale by public tender or auction.

(4) The director may act under this

section in addition to exercising one or more of the director’s powers under

section 62 of the Act. AR 187/2011 s20;98/2024 Duties of holders 21(1) The holder of a formal disposition (

a) must pay promptly and regularly, as it becomes due and payable, any tax, rate or assessment that is duly assessed and charged against the holder of the formal disposition or against the subject land, (

b) must pay promptly and regularly any rent, rate, royalty, charge or fee that is payable by the holder under the formal disposition, the Act or this Regulation, (

c) must comply with the Act , its regulations, all other applicable enactments of Alberta or Canada and any applicable municipal bylaws, (

d) must comply with the terms and conditions of the formal disposition, (

e) must comply with any disturbance standards applicable to the formal disposition or the subject land, (

f) must, on the expiry, cancellation, surrender or abandonment of the formal disposition, reclaim the subject land to an equivalent land capability, (

g) shall not cause or allow un authorized loss or damage on the subject land, (

h) shall not cause or allow the accumulation of garbage, debris or other waste on the subject land unless authorized under the formal disposition, by an approval issued in connection with the formal disposition or by an authorization issued to the holder,

Section 21 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 29 (

i) shall not use or allow the use of a structure or building on the subject land as a dwelling place or an office unless the director has first issued a formal disposition, an approval or an authorization to the holder for that use, (

j) must keep in a good state o f repair any building or other improvement situated on the subject land and used or occupied by the holder under the terms of any other disposition issued to the holder in respect of the same land, (

k) must, if the formal dispos ition is a grazing disposition, comply with the provisions of any notices issued to the holder under

section 53(2), (

l) must, if the formal dispos ition is a grazing disposition, comply with the provisions of any approvals issued to the holder under

section 55, 56 or 57, (

m) must, if the formal dispos ition is a disposition authorizing the grazing of bison, comply with the provisions of any approvals issued to the holder under

section 72 or 76, and (

n) shall not cause or allow th e construction of any buildings or improvements on the land under the formal disposition other than those approved under the formal disposition, an approval, an authorization, or another formal disposition issued to the holder relating to the same land.

(2) The holder of an authorization (

a) must comply with the t erms and conditions of the authorization, (

b) must pay promptly and regularly any rent, rate, royalty, charge or fee that is payable by the holder under the authorization and this Regulation, (

c) must comply with the Act , its regulations, all other applicable enactments of Alberta and Canada, any applicable municipal by-laws and the terms and conditions of the formal disposition or other disposition to which the authorization relates, (

d) must comply with any disturbance standards applicable to the authorization or the subject land, (

e) must, on the expiry or cancellation of the authorization, restore the subject land to an equivalent land capability,

Section 22 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 30 (

f) shall not cause or loss or damage on subject land except where authorized by the authorization, by the formal disposition or other disposition to which the authorization relates or by an approval given in relation to it, (

g) shall not cause or allow the accumulation of garbage, debris or other waste on the subject land unless authorized by the authorization issued to the holder in respect of the same land, or by another disposition related to the authorization, (

h) shall not use or allow the use of a structure or building on the subject land as a dwelling place or an office except where authorized by the authorization, the disposition to which the authorization relates, an approval given in relation to the authorization or another authorization issued to the holder for that use, (

i) must keep and maintain in a good state of repair any building or other improvement situated on the subject land and used or occupied by the holder, and (

j) shall not cause or allow th e construction of any buildings or improvements on the land under the authorization except where authorized by the authorization, the disposition to which the authorization relates, an approval given in relation to the authorization or another authorization issued to the holder in respect of the same land.

(3) The holder of an approval (

a) must comply with the t erms and conditions of the approval, (

b) must pay promptly and regularly any rent, rate, royalty, charge or fee that is payable by the holder under the Act, this Regulation or the approval, and (

c) must comply with the Act , its regulations, all other applicable enactments of Alberta and Canada, any applicable municipal bylaws and the terms and conditions of the formal disposition, other disposition or authorization to which the approval relates. AR 187/2011 s21;57/2017 Security 22(1) Where the Minister or the director considers it appropriate to do so, the Minister or director may require a holder to provide security to the Department in the amount and form acceptable to

Section 23 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 31 the Minister or director, in addition to any other security deposited with the Department by or on behalf of the holder under subsection (3) or

section 9, 11, 13 or 18.1.

(2) Where the director considers that a holder has contravened (a)

section 21(1)(g), (h), (

i) or (

n) or (2)(f), (g), (

i) or ( j), or (

b) a term or condition of the disposition, the director may order the holder to carry out the work specified in the order in the manner and within the time specified in the order.

(3) Where the holder fails to comply with an order under subsection (2) to the director’s satisfaction, the Department may (

a) do the work or cau se it to be done, and (

b) order the forfeiture of all or part of the security deposit, if any, paid by the holder, in an amount equal to the reasonable costs of doing the work, as determined by the director.

(4) If there is no security deposit or if the amount of the security deposit is insufficient to cover the costs, the Department may recover the costs or the excess amount, as the case may be, from the holder as a debt owing to the Crown. AR 187/2011 s22;98/2024 Reclamation of land 23(1) The director may, on application by the holder of a disposition or on the director’s own initiative, issue an approval to a person for the restoration and reclamation of the subject land.

(2) An approval issued under this

section may (

a) require or permit the ho lder to restore the land to (

i) an equivalent land capability, or (ii) a condition that complies with the Act, this Regulation and any applicable ALSA regional plan, (

b) waive the requirements of

section 21(1)(

f) or (2)(e), (

c) waive any requirements of the disposition relating to reclamation of the subject land, or (

d) require or permit the holder to do anything that the director reasonably believes is necessary for the proper reclamation of the lands.

Section 24 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 32

(3) A person to whom an approval is issued under this

section is bound by the terms and conditions of the disposition in respect of which the approval is issued, whether or not that person is the holder of the disposition.

(4) If the holder contravenes

section 21(1)(

f) or (2)(

e) or causes or allows a contravention of an approval issued under this section, the director may issue an order directing the reclamation of the land.

(5) This

section applies in addition to any applicable requirements respecting conservation and reclamation under the Environmental Protection and Enhancement Act and in addition to the requirements of any applicable ALSA regional plan. AR 187/2011 s23;62/2013 Indemnification 24 The holder of a disposition must keep the Minister indemnified against all actions, claims and demands brought or made against the Minister by reason of anything done by the holder in the exercising a right, power or privilege or carrying out a duty under the disposition.

Waiver of condition 25 A waiver by a duly authorized official of the Department of the strict performance or observance by the holder or a person of a condition to which a disposition is subject is not binding on the Crown unless it is in writing, and the waiver does not abrogate any condition or operate to waive any subsequent breach of the same or any other condition. Retrospective disposition 26 If a disposition is issued to replace an authorization granted under

section 20 of the Act in relation to the same land, the disposition must be given the same effective date as was given to the authorization being replaced. Fences 27 The holder of a disposition must, at the holder’s sole expense, comply with any written direction of the director respecting the construction, maintenance and repair of any fences, gates and cattle guards bounding or within the subject land. Monthly billing 28(1) In this section, “charge” means (

a) any rent, fee or pena lty payable under the Act;

Section 29 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 33 (

b) interest on late payment of all or a part of an amount referred to in clause (

a) that is payable under

section 29.

(2) Despite any regulation under the Act and despite any term or condition of a disposition or an agreement under the Act, but subject to subsection (3), where the Minister issues monthly invoices to a person responsible for paying a charge, the person must pay the charge (

a) in accordance with and in compliance with the terms and conditions of the monthly invoice, and (

b) on or before the due date specified in the monthly invoice .

(3) The Minister may exempt a person or a class of persons from the application of subsection (2) in respect of one or more charges. Interest on money owing 29(1) The interest on money payable as the whole or part of the consideration under a disposition leading to title, the payment of which is deferred to a date subsequent to the date of the disposition, is payable at the following rates: (a) 6% per year with respect to dispositions issued on or afte r December 1, 1973, but before July 1, 1982; (b) 12% per year with respect to dispositions issued on or after July 1, 1982, but before April 30, 1984; (c) 8% per year with respect to dispositions issued on or afte r April 30, 1984.

(2) The interest on money payable under any disposition that is not paid within one month from the date it is due is payable at the rate of 1% compounded monthly.

Part 2 General Access to Public Land and Trespass

Definitions 30 In this Part, (

a) repealed AR 57/2017 s6; (a.1) “activity pass” means an activity pass referred to in

section 33.1; (b) “commercial purpose” means a use or activity undertaken

Section 30 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 34 (

i) with an intention that the use or activity may produce an economic benefit, whether for the person or persons that undertake the use or activity or for a charity or other person, or (ii) in connection with the business of the person or persons that undertake the use or activity; (c) “director” means the direct or designated for the purposes of

section 20 of the Act; (d) “recreational purpose” means a use or activity, including without limitation the following, that is undertaken for a purpose other than a commercial purpose: (

i) hunting as defined in the Wildlife Act; (ii) camping; (iii) fishing; (iv) boating; (

v) nature study, including viewing, drawing and photographing; (vi) staging for air travel including hang-gliding and hot-air ballooning, but not including air travel by aerodromes within the meaning of the Aeronautics Act (Canada); (vii) human-powered travel, including hiking, swimming, underwater diving, snorkelling, skiing, snowshoeing, skating and sliding; (viii) animal-powered travel, including dog-sledding, horseback riding, carting and tracking; (ix) the use of any conveyance; (e) “trail” means an area of vacant public land that is travelled by people at any time in a calendar year, and that is all or part of (

i) a publicly owned road other than a provincial highway as defined in the Highways Development and Protection Act, (ii) a publicly owned trail,

Section 31 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 35 (iii) a bridge or other cro ssing of a river, stream or watercourse, including a water crossing designated under

section 33.3, (iv) a parking area, or (

v) a provincial trail that has been the subject of any work to enable use of the trail by foot, motor vehicles or any other conveyance. AR 187/2011 s30;57/2017;104/2021;15/2022;143/2022 Entry for public health or safety purposes 31 Any person may enter on vacant public land without an access permit for the purposes of taking any action referred to in

section 176(

a) or (

b) and may occupy that land for any length of time required for the action. Use of firearms on public land 31.1 No person shall discharge a firearm on public land in such a manner as to endanger other persons. AR 15/2022 s4 Division 1 Public Use of Vacant Public Land General licence respecting recreational purposes 32(1) Subject to this Part, any person may enter on and occupy vacant public land for a recreational purpose.

(2) Subject to sections 33.1 and 34, a person wishing to enter on and occupy vacant public land, other than a trail, for a recreational purpose must apply for and obtain an access permit before entering on the land if (

a) the person intends to under take a use or activity on the vacant public land that could reasonably be expected to occur for a period longer than 14 days, (

b) a closure imposed by a comp etent authority under any law in force in Alberta is in effect for all or part of the vacant public land, (

c) the entry on and occupation of the vacant public land has been prohibited under Division 3 of this Part, (

d) the use or activity is likel y to cause unreasonable loss or damage to the vacant public land, or

Section 33 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 36 (

e) the use or activity is likely to contravene a disturbance standard applicable to the vacant public land. AR 187/2011 s32;104/2021 General licence respecting trails 33(1) Subject to this Part, any person may enter on and occupy a trail on vacant public land for a recreational or commercial purpose.

(2) Subject to sections 33.1 and 34, a person wishing to enter on and occupy a trail on vacant public land must apply for and obtain an access permit before entering on the land if (

a) the person intends to under take a use or activity on the vacant public land that could reasonably be expected to occur for a period longer than 14 days, (

b) a closure imposed by a comp etent authority under any law in force in Alberta is in effect for vacant public land comprising all or part of the trail or adjoining the trail, (

c) the entry on and occupation of the vacant public land has been prohibited under Division 3 of this Part, (

d) the trail is a closed road as defined in

section 54.01 of the Act, (d.1) the trail is closed pursuant to

section 199.4, (

e) the use or activity is likel y to cause unreasonable loss or damage to the vacant public land comprising all or part of the trail, or (

f) the use or activ ity is likely to contravene a disturbance standard applicable to the vacant public land comprising all or part of the trail. AR 187/2011 s33;104/2021;15/2022 Activity pass requirement 33.1(1) The Minister may by order, in accordance with this section, designate an area of public land as an area requiring an activity pass.

(1.1) The Minister or a person authorized by the Minister may issue an activity pass in accordance with an order made under subsection (1).

(2) The following are exempt from the requirement to obtain an activity pass:

Section 33.2 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 37 (

a) an Indian within the meaning of the Indian Act (Canada); (

b) a member of a category of persons identified in an order under this

section as being exempt because they might be beneficiaries of rights of aboriginal peoples recognized and affirmed under

Part II of the Constitution Act, 1982; (

c) a member of a category of persons identified in an order under this

section as being exempt.

(3) An order made under subsection (1) may (

a) designate activities for wh ich an activity pass is required within the designated area, (

b) exclude from the requiremen t to obtain an activity pass, activities in respect of which an activity pass is not required within the designated area, (

c) specify the fees, if any, that a person must pay in respec t of an activity pass, (

d) specify the rules, if any, that apply with respect to an activity pass and designated area, (

e) specify the rules, if any, that apply to persons who are exempt from the requirement to obtain an activity pass in respect of their entry on and occupation of public land in the designated area, and (

f) include any other requireme nts, terms or conditions that the Minister considers appropriate.

(4) Subject to

section 34, where an order is made under subsection (1), as required by and in accordance with the order, a person shall, (

a) comply with any rules, requirements, terms or conditions set out in the order, and (

b) unless exempt under subsection (2), (

i) obtain an activity pass, and (ii) on the request of an offi cer, produce the activity pass for inspection. AR 104/2021 s4;15/2022 Camping on vacant public land 33.2(1) Subject to

section 34, a person camping on vacant public land shall maintain the area used by that person

Section 33.3 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 38 (

a) in a clean and sanitary condition, and (

b) in a condition satisfactory to an officer.

(2) Subject to

section 34, a person vacating vacant public land after camping shall (

a) remove all garbage and personal property from the area used by that person, and (

b) restore the area used by that person to a clean and sanita ry condition.

(3) Subject to sections 32(2)(

a) and 42.1, a person occupying vacant public land for a recreational purpose with a camping accommodation unit must, immediately after 14 consecutive days of occupying the area, move their camping accommodation unit a minimum of one kilometre away for a period of at least 72 hours. AR 15/2022 s7 Signs or notices for water crossing for trails 33.3(1) The director may designate an area of public land as a water crossing for a trail used for a recreational purpose and set rules for the use of that water crossing by posting signs or notices on or about the water crossing.

(2) A trail manager may post written instructions, signs or notices on or about a water crossing for a trail designated under subsection (1) in accordance with any applicable trail management plan established under the Trails Act. AR 15/2022 s7 Restrictions and paramountcy 34(1) Vacant public land that is within a public land use zone, public land recreation area or provincial trail must be used in accordance with this Part and Division 1 of

Part 9.

(2) The Wilderness Areas, Natural Areas, Ecological Reserves and Heritage Rangelands Act prevails, to the extent of any conflict with a provision of this Part, in respect of vacant public land that is within a natural area, a wilderness area, an ecological reserve or a heritage rangeland.

(3) The Willmore Wilderness Park Act and the Forest Land Use and Management Regulations (AR 197/76) prevail, to the extent of any conflict with a provision of this Part, in respect of vacant public land that is within the Willmore Wilderness Park.

Section 35 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 39

(4) The Forest Reserves Act and its regulations prevail, to the extent of any conflict with a provision of this Part, in respect of vacant public land that is within a forest reserve.

(5) The Forest and Prairie Protection Act and its regulations prevail, to the extent of any conflict with a provision of this Part, in respect of vacant public land that is within a forest protection area.

(6) Nothing in this

section affects any requirement under the Act or this Regulation to obtain a disposition in respect of public land. AR 187/2011 s34;15/2022 Direction to leave 35(1) If an officer reasonably believes that any person’s occupation or use of any area of vacant public land for recreational purposes has occurred, or is likely to occur, for a period longer than 14 days and no access permit or other disposition has been issued to the person with respect to the occupation or use, the officer may order the person to vacate the area of vacant public land for a period of 72 hours.

(2) A person who is ordered to leave under this

section must comply with the order immediately. AR 187/2011 s35;15/2022 Direction to leave and requiring activity pass 35.1(1) If an officer reasonably believes that a person has contravened an order made under

section 33.1, the officer may order the person to vacate the area of public land requiring an activity pass for a period of 72 hours.

(2) A person ordered to vacate the area under subsection (1) must immediately comply with the order. AR 15/2022 s10 Direction to leave in case of loss or damage 35.2(1) If an officer reasonably believes that any person’s occupation or use of any area of vacant public land for recreational purposes has caused, or is likely to cause, loss or damage, the officer may order the person to vacate the area of public land for a period of 72 hours.

(2) A person ordered to vacate the area under subsection (1) must immediately comply with the order. AR 15/2022 s10

Section 37 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 40 Division 2 Access Permits 36 Repealed AR 57/2017 s7. Issuance of access permits 37(1) The director or any duly authorized officer may issue an authorization for a person to enter on and occupy a specified area of vacant public land for one or more (

a) recreational purposes, (

b) commercial purposes, or (

c) subject to the Act and this Regulation, other purposes identified in a standard, code, objective, guideline, directive or policy of the Department that is approved by the Minister, by order, and that is published in paper or electronic form and available to the public.

(2) The director or an officer may waive any or all of the requirements of

section 11 with respect to an application for an authorization under this section. AR 187/2011 s37;57/2017 Access permits for commercial purposes 37.1(1) A person must apply for and obtain an access permit before entering on or occupying vacant public land for a commercial purpose. (2) Subsection (1) does not apply (

a) to a holder of a disposition issued in respect of the vaca nt public land, (

b) to a holder of an exploration approval under the Exploration Regulation (AR 284/2006) or the Metallic and Industrial Minerals Exploration Regulation (AR 213/98) issued in respect of the vacant public land, (

c) to a holder of a timber disposition issued in respect of t he vacant public land, (

d) to a holder of a registered fur management licence issued in respect of the vacant public land, (d.1) to a holder of a resident fur management licence issued in respect of the vacant public land, or

Section 38 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 41 (

e) if the proposed entry and occupation is only for a purpose described in an applicable disturbance standard as being capable of being carried out on the vacant public land without an access permit. (3) Subsection (1) does not apply to the proposed entry on or occupation of a trail (

a) to a holder of a disposition issued in respect of the trail, (

b) to a holder of an exploration approval issued under the Exploration Regulation (AR 284/2006) or the Metallic and Industrial Minerals Exploration Regulation (AR 213/98) in respect of the trail, (

c) to a holder of a timber disposition issued under the Forests Act in respect of the trail, (

d) to a holder of a registered fur management licence issued under the Wildlife Regulation (AR 143/97) in respect of the trail, (d.1) to a person conducting activities under a trail agreement under the Trails Act, for the purpose of the operation, management, construction, development or maintenance of a designated trail or designated trail area under that Act, (d.2) to a trail manager, (d.3) to a holder of a resident fur management licence issued in respect of the vacant public land, or (

e) if the proposed entry and occupation is only for a purpose described in an applicable disturbance standard as being capable of being carried out on the trail without an access permit.

(4) The requirement to apply for and obtain an access permit under subsection (1) is in addition to a requirement to obtain an activity pass pursuant to an order under

section 33.1. AR 57/2017 s9;104/2021;15/2022;129/2022 Terms and conditions 38(1) An access permit may be issued on any terms and conditions the director or the officer issuing the access permit considers appropriate.

(2) In determining terms and conditions under subsection (1), the director or officer must consider

Section 39 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 42 (

a) the purpose for which the access permit is requested, (

b) the likelihood of damage to the vacant public land as a result of the proposed entry on and occupation of the vacant public land, (

c) the likely extent of any damage referred to in clause (b), (

d) the likelihood of injury to any person or loss of or damag e to any person’s property as a result of the proposed entry and occupation of the vacant public land, (

e) any applicable standard, code, objective, guideline, directive or policy of the Department that is approved by the Minister, by order, and that is published in paper or electronic form and available to the public, (

f) any applicable standard, code, objective, guideline, directive or policy of the Government of Alberta that applies to the vacant public land to which the access permit relates, (

g) any applicable disturbance standard, (

h) the right, title and interest of the Crown in the public l and, and (

i) any applicable ALSA regional plan.

(3) The holder of an access permit is bound by the terms and conditions of the access permit despite any failure of the director or officer to consider a matter listed in subsection (2).

(4) The director or an officer may at any time amend, suspend or cancel an access permit if, in the opinion of the director or officer, there is a material change in the circumstances under which the access permit was issued. Expiry of access permit 39(1) Subject to subsection (2), an access permit expires at 2:00 p.m. on the 14th day after the date of its issue.

(2) If the director or officer issuing an access permit considers it appropriate to do so, the access permit may be issued for a term of not less than 30 minutes and not more than the period provided by subsection (1).

(3) An access permit is not renewable.

Section 40 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 43 No transfer or assignment 40 An access permit is not transferable and must not be assigned to any person. Making access permit available 41 A holder of an access permit must ensure that a copy of the access permit is (

a) kept at the point o f the use or activity, (

b) posted or otherwise made available as required by the Director, and (

c) produced to an officer upon request. Professional outfitters 42 An outfitter-guide as defined in the Wildlife Regulation (AR 143/97) may, while acting in that capacity, enter on vacant public land without an access permit. Rights under

Part II of the Constitution Act, 1982 42.1 An individual may, while exercising a right recognized and affirmed under

Part II of the Constitution Act, 1982 or a right under

section 12 of the Transfer Agreement, enter on and occupy vacant public land without an access permit. AR 56/2017 s2 Division 3 Trespass to Vacant Public Land Prohibition 43 No person shall enter on or occupy vacant public land that is a bed or shore of a permanent and naturally occurring body of water or a naturally occurring river, stream, watercourse or lake except (

a) where the entry and occupation is for a recreational purpose that (

i) involves boating, (ii) involves travel on frozen ground or on ice capable of holding the weight of the conveyance without making a depression on the ground or ice or breaking the ice, or (iii) does not involve the use of a wheeled or tracked conveyance, unless the entry or occupation occurs

Section 44 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 44 within a designated water crossing and is in accordance with the rules specified in signs or notices under

section 33.3, (

b) in accordance with a disposition issued or a consent given to the person under the Act, (b.1) where the person is carrying out duties as an employee, agent or contractor of the Government of Alberta, (

c) where the person has a lawful right to be on the land or the entry or occupation is expressly permitted in an applicable disturbance standard or in a disposition issued to the person, or (

d) where the person is exercising a right recognized and affirmed under

Part II of the Constitution Act, 1982 or a right under

section 12 of the Transfer Agreement or is travelling to a location to exercise such a right. AR 187/2011 s43;56/2017;15/2022 Prohibition — secured area 44 No person other than an employee, agent or contractor of the Government of Alberta who is carrying out the person’s duties shall enter on or occupy vacant public land (

a) that is surrounded by, or i n the circumstances apparently is intended to be surrounded by, a fence, a natural boundary or a cordon referred to in

section 48 or any combination of these, or (

b) that is enclosed in a manner that indicates the Department’s intention to keep persons off the vacant public land or to keep livestock or wildlife on or off the vacant public land, except to the extent that the person has a lawful right to be on the land or the entry or occupation is expressly permitted in an applicable disturbance standard or in a disposition issued to the person. Prohibition — activity pass area 44.1 No person shall, in contravention of an order under

section 33.1, enter on or occupy public land designated in an order under

section 33.1 except in accordance with the order or as otherwise permitted by the Act and regulations. AR 104/2021 s6

Section 45 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 45 Prohibition - trespassing 45(1) No person shall, without lawful authority, enter on or occupy an area of vacant public land in respect of which that person has had notice not to trespass.

(2) For the purposes of subsection (1), notice not to trespass may be given by the director or an officer by one or more of the following methods: (

a) an oral notice; (

b) a written notice; (

c) by placing a cordon around the area of vacant public land in accordance with

section 48; (

d) by signs visibly displayed (

i) at places likely to be used to enter the area of vacant public land, or (ii) at fence corners or along the perimeter of the area of vacant public land.

(3) Substantial compliance with subsection (2)(a), (b), (

c) or (

d) by the director or an officer is sufficient notice for the purposes of subsection (1).

(4) No person shall without lawful authority tear down, remove or damage a cordon referred to in subsection (2)(

c) or tear down, remove, damage, deface or cover up a sign referred to in subsection (2)(d). Liability of driver 46 Where a contravention of

section 43, 44 or 45(1) or (4) is committed by means of a motor vehicle or other conveyance, the driver of the motor vehicle or other conveyance is guilty of the contravention and liable to any administrative penalty or fine imposed under the Act or this Regulation in respect of it, whether or not any other person is charged with or prosecuted in respect of the contravention. Liability of owner 47 Where a contravention of

section 33.1(4), 43, 44, 45(1) or (4), 48.2, 199.3 or 199.5 is committed by means of a motor vehicle or trailer to which the Traffic Safety Act applies, the registered owner of the motor vehicle or trailer, as the case may be, is guilty of the contravention and liable to any administrative penalty or fine imposed under the Act or this Regulation in respect of it, whether

Section 48 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 46 or not any other person is charged with or prosecuted in respect of the contravention. AR 187/2022 s47;15/2022 Notice of closure 48(1) An officer may cordon off or secure an area of vacant public land (

a) to stop or reduce specific lo ss or damage that is occurring within the area, (

b) to prevent specific loss or damage from occurring within the area, (

c) to stop or reduce specific harm, injury or damage that is occurring to any person, resource or thing within the area, (

d) to prevent specific harm, injury or damage from occurring to any person, resource or thing within the area, or (

e) if directed to do so by the director, for any other specif ic purpose related to the administration of the Act or this Regulation, for a period not exceeding 28 days.

(2) An officer who cordons off or secures land under subsection (1) may, with the approval of the director, obtain services or retain assistance as required to complete or maintain the cordoning off or securing of the area.

(3) Where an officer cordons off or secures an area of vacant public land, the Department must make the particulars of the closure available by public notice as soon as practicable.

(4) In the absence of a cordon, a public notice under subsection (3) is deemed to be sufficient notice to any person charged with an offence in connection with the entry on and occupation of the area of vacant public land to which the notice relates. Notice of prohibition or restriction of uses and activities 48.1(1) Subject to subsection (2), the director may prohibit or restrict any use or activity for a recreational purpose within an area of vacant public land (

a) to stop or reduce specific lo ss or damage that is occurring within the area,

Section 48.2 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 47 (

b) to prevent specific loss or damage from occurring within the area, (

c) to stop or reduce specific harm, injury or damage that is occurring to any person, resource or thing within the area, or (

d) to prevent specific harm, injury or damage from occurring to any person, resource or thing within the area for a period not exceeding 2 years.

(2) The director must not prohibit the following activities in an area of vacant public land where any use or activity within that area has been prohibited or restricted under subsection (1): (

a) hunting as defined in the Wildlife Act; (

b) fishing as defined in the Fisheries (Alberta) Act.

(3) Where the director prohibits or restricts any use or activity within an area of vacant public land under subsection (1), the Department must provide notice, as soon as practicable, of the prohibition or restriction, as the case may be, by (

a) publishing the prohibitio n or restriction, which may include publication on the Department’s website, or (

b) posting signs to be visibly displayed at places likely to be used to enter the area of vacant public land or at fence corners or along the perimeter of the area of vacant public land.

(4) For the purpose of subsection (1), a notice under subsection (3) is deemed to be sufficient notice to any person charged with an offence in connection with a prohibition or restriction made under subsection (1) to which the notice relates. AR 15/2022 s14 Prohibition or restriction — uses and activities for recreational purpose 48.2 No person shall engage in any use or activity for a recreational purpose (

a) that has been prohibited, or (

b) in a manner that has been restricted under

section 48.1(1). AR 15/2022 s14

Section 49 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 48

Part 3 Dispositions Definition 49 In this Part, “grazing capacity”, in respect of land under a disposition, means the grazing capacity established under

section 104 of the Act for that land. Division 1 Grazing Dispositions General Eligibility to hold grazing disposition 50(1) The director may, in accordance with this Division, issue a grazing disposition to an applicant that is (

a) an individual who is at l east 18 years of age and is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada), or (

b) a corporation.

(2) If an applicant is a corporation, it shall submit with its application (

a) a copy of its certificate of incorporation or other eviden ce of its corporate status; (

b) a list from an officer of the corporation of the names, addresses and citizenship status of the persons that hold shares in the corporation and the number of shares held by each person; (

c) in the case of a corporatio n that is not incorporated in Alberta, evidence that it is entitled to carry on business in Alberta; (

d) in the case of a corporatio n that is incorporated under the Societies Act or the Cooperatives Act, a copy of the corporation’s bylaws; (

e) in the case of a corporatio n that is a grazing association, a list of its current members. Information by holder 51 If the holder of a grazing disposition is a corporation, it must, on receipt of a written request of the director, provide the director

Section 52 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 49 with updated information as to the matters referred to in

section 50(2) within the time specified in the request. Limitation respecting corporation 52 No grazing disposition may be issued to a corporation with share capital unless (

a) the majority of the corpora tion’s shares are beneficially owned by persons who are Canadian citizens or permanent residents within the meaning of the Immigration and Refugee Protection Act (Canada), and (

b) the shares are owned for the exclusive use and benefit of the shareholders and not in the interests of or for the benefit of any other person. AR 187/2011 s52;59/2020 Range management 53(1) The holder of a grazing disposition (

a) must use the land under the grazing disposition in accordance with proper range management and conservation practices, and (

b) shall not allow the land u nder the grazing disposition to be grazed at a level greater than the grazing capacity for that land.

(2) The director may at any time by notice in writing to the holder adjust the number of livestock permitted to graze the land under a grazing disposition.

(3) The holder of a grazing disposition must (

a) confine the livestock to the land under the disposition an d any other land that is controlled by the holder and grazed in conjunction with that land, and (

b) erect any fences and cattle guards that are necessary to ensure compliance with clause (a).

(4) The grazing disposition holder has no right to compensation for anything done under this section. Return 54(1) The holder of a grazing disposition must, in accordance with the terms and conditions of the disposition or on receiving a written

Section 55 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 50 request from the director, submit to the director a return in a form acceptable to the director.

(2) Where a grazing disposition is held by more than one holder, the holder that completes the return must deliver a copy of the return to all other holders within a reasonable time after submitting the return to the director.

(3) Where a grazing disposition is held by more than one holder, all the holders of the disposition are bound by the information contained in the return as though they had completed or endorsed the return as to the truth of its contents.

(4) On receiving a written request from a holder for a copy of a return submitted under this

section in respect of the holder’s grazing disposition, the director must provide a copy on paper or by electronic means within 30 days of receiving the request. Other livestock 55(1) Subject to subsection (2) and any approval issued under subsection (3), the holder of a grazing disposition shall not allow livestock that the holder does not own to graze on the land under the grazing disposition.

(2) The members of a grazing association may graze livestock owned by them on the land under a grazing disposition issued to the grazing association.

(3) The director may, on application by the holder of a grazing disposition or on the director’s own initiative, issue to the holder an approval for the grazing of livestock that the holder does not own on the land under the grazing disposition. Cultivation 56(1) Subject to any approval issued under subsection (2), the holder of a grazing disposition shall not cause or allow the clearing, breaking, ploughing, cultivating or surface disturbance of the land under the grazing disposition.

(2) The director may, on the application of the holder of a grazing disposition or on the director’s own initiative, issue an approval for the clearing, breaking, ploughing, cultivating or surface disturbance of the land under the grazing disposition. Cutting of hay and timber 57(1) The director may, on application by the holder of a grazing disposition, issue an approval allowing the holder to cut hay from

Section 58 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 51 the land under the grazing disposition, without charge, for the purpose of feeding the holder’s livestock.

(2) The director must, in an approval under subsection (1), specify the maximum amount of hay authorized to be cut, which must not exceed 3 tonnes of hay per year per animal unit allowed by the grazing capacity for the land.

(3) A holder of a timber licence or timber permit must, before cutting timber on land under a grazing disposition, have a harvest plan in place to mitigate the impacts that the cutting or removal of the timber will have on the grazing capacity of the land. Crown not liable 58 The Crown is not liable for claims or demands of any nature arising from injury to or loss of livestock placed on land under a grazing disposition. Grazing Leases 59 Repealed AR 145/2019 s4.

Cutting timber 60(1) Where a grazing lease is issued for forested land, the holder of a timber disposition or another person acting under the holder’s direction and control may, subject to the terms of the timber disposition, enter and occupy the forested land for the purposes of cutting and removing the timber from it.

(2) If, in the opinion of the director designated by the Minister for the purposes of this section, a timber disposition referred to in subsection (1) does not contain terms and conditions that the director considers necessary to protect the interests of the holder of the grazing lease, the director may send a notice in writing to the holder of the timber licence or timber permit directing the holder to apply for (

a) a further disposition under this Regulation, or (

b) an amendment to the timber licence or timber permit under the Forests Act, within a reasonable time specified in the notice.

Section 61 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 52 Trapping 61(1) The holder of a registered fur management licence may, for the purpose of trapping fur bearing animals on the land under a grazing lease, enter on the land (

a) with the consent of the hol der of the grazing lease, or (

b) if the holder o f the grazing lease refuses consent, with an approval of the director.

(2) In giving an approval under subsection (1)(b), the director may impose on the holder of the registered fur management licence any terms and conditions that the director considers necessary to protect the interests of the holder of the grazing lease.

(3) If, in the opinion of the director, the proposed entry involves activities on or uses of the land requiring a disposition, the director may send a notice in writing to the holder of the registered fur management licence requiring the holder to apply for the disposition within a reasonable time determined by the director.

(4) A notice under subsection (3) may be given regardless of whether the holder of the grazing lease consents to the entry and in addition to any terms and conditions imposed under subsection (2). Grazing Licences Definition 62 In sections 63 to 67, “licensed area” means an area of public land that is the subject of a grazing licence. Exclusive grazing rights — licensed area 63(1) The director may issue a grazing licence for a term not exceeding 10 years.

(2) A grazing licence gives the holder of the grazing licence the exclusive right to graze livestock in the licensed area. AR 187/2011 s63;98/2024 Director’s powers 64(1) The director may at any time (

a) direct the holder of a grazi ng licence to exclude livestock from a specified part of the licensed area or to move livestock to other specified public land, and (

b) amend a grazing licence to increase or decrease the size of the licensed area.

Section 65 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 53

(2) The holder of a grazing licence has no right to compensation for anything done under subsection (1). Holder’s duties 65 The holder of a grazing licence must (

a) exercise rights under the grazing licence in a manner consistent with the rights of other authorized users of the licensed area, and (

b) not cause damage to trees or any other timber resources located on the licensed area without first obtaining an approval from the director. Grazing licence in forest management area 66(1) Where a licensed area is located in a forest management area, the holder of the forest management agreement may use existing roads or trails and construct new roads or trails through the licensed area in order to carry on the holder’s forest management program, without paying any compensation to the holder of the grazing licence.

(2) If, in the opinion of the director, grazing on a licensed area that is located in a forest management area has caused significant damage to regeneration established or improvements created by the holder of the forest management agreement, the director may, in an enforcement order, (

a) direct that grazing be reduced or discontinued on all or part of the licensed area, or (

b) direct the holder of the grazing licence to pay compensation to the holder of the forest management agreement in the form and amount and within the time specified by the director. Limitation of compensation 67(1) Subject to the Surface Rights Act, if the Minister authorizes a person other than the holder of a grazing licence to enter on and make a different use of the licensed area, the holder of the grazing licence is not entitled to compensation from the Crown or the authorized person for (

a) the authorized person’s en try on or use of the licensed area, or (

b) loss of grazing capacity resulting from the authorized person’s entry on or use of the licensed area.

Section 68 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 54 (2) Subsection (1) does not limit the right of the holder of the grazing licence to claim compensation for loss of or damage to the holder’s personal property or improvements on the licensed area. Grazing Permits Grazing permit 68(1) The director may issue grazing permits authorizing the grazing of livestock on public land specified in the permit.

(2) A grazing permit expires on December 31 next following the date of its issue. Exclusivity 69 A grazing permit gives the holder the exclusive right to graze the holder’s livestock on the land under the grazing permit. Head Tax Permits Issue of head tax permits 70 The director may issue a head tax permit to a person authorizing the grazing of livestock on public land for any period of less than 12 months. AR 187/2011 s70;98/2024 Head tax permit not assignable 71 A head tax permit is not assignable.

Grazing of Bison Approval to graze bison 72 The director may, subject to any terms and conditions the director considers appropriate, issue an approval permitting the grazing of bison on all or part of land under a grazing disposition. Restriction 73(1) Subject to subsection (2), a disposition authorizing the grazing of bison must not be issued in respect of public land located in the area described in

Schedule 2. (2) Subsection (1) does not apply in respect of a disposition that is listed in

Schedule 3 or to any amendment or renewal of it.

Section 74 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 55 Cancellation 74(1) The director may cancel a disposition authorizing the grazing of bison at any time if the director considers it necessary or advisable in the circumstances.

(2) The holder of a disposition authorizing the grazing of bison has no right to compensation for anything done by the director under subsection (1). Prohibition 75 No person shall graze bison on public land except in accordance with a disposition authorizing the grazing of bison. Testing and marking 76(1) If, in the opinion of the director, it is necessary or advisable in the circumstances, the director may, by notice in writing, direct the holder of a disposition authorizing the grazing of bison to ensure that (

a) tests for disease are conduc ted on all bison entering the land under the disposition, and (

b) a system of marking the bison is implemented.

(2) A notice under subsection (1) must specify (

a) the details of the nature and frequency of the testing or of the marking required to be done, and (

b) whether the testing or marking is to be done before or after the bison are allowed on the land.

(3) A holder that is given a notice under subsection (1) shall comply with it in accordance with its terms. Division 2 Grazing Land Range Improvement Approval for range improvements 77 A holder of a grazing disposition shall not commence any work related to a range improvement on land under a grazing disposition unless the holder (

a) has received an approval un der the grazing disposition for that purpose from the director, (

b) has received an authorizati on for that purpose from the director under

section 20 of the Act, or

Section 78 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 56 (

c) has entered into a range improvement agreement incorporating the terms and conditions of a range development plan. Assistance 78 The holder of a grazing disposition may apply to the Minister for assistance in conducting range improvements under this Division. Agreements respecting assistance 79 On an application by a holder of a grazing disposition for assistance under this Division, the Minister may do one or more of the following: (

a) issue to the applicant a disposition permitting or authorizing the range improvements on the subject land; (

b) require the applicant to provide, or to assist the Ministe r in the development of, a range development plan or range management plan, or both; (

c) enter into a range impr ovement agreement with the applicant on any terms and conditions that the Minister considers appropriate. Effect of agreement 80 A range improvement agreement forms part of the grazing disposition to which the range improvement agreement refers. Duties of holder 81(1) A holder of a grazing disposition shall conduct all range improvements in respect of which assistance is provided under this Division in accordance with (

a) any terms and conditions specified by the director, (

b) any range improvement agreement or authorization under

section 20(1) of the Act, and (

c) any other disposition issued in respect of the subject lan d.

(2) Where assistance is granted under this Division in respect of range improvements, the grazing disposition holder must (

a) maintain the range improvements, and

Section 82 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 57 (

b) comply with any directions of the director with respect to the maintenance of the improvements.

(3) If the holder contravenes subsection (1) or (2), the director may, in addition to or instead of issuing an enforcement order, do any or all of the following: (

a) discontinue providing the holder with any assistance under this Division; (

b) cancel the grazing disposition; (

c) rescind any range improvement agreement with the holder. Improvements belong to Crown 82 All range improvements in respect of which assistance is provided under this Division belong to the Crown. Rental credits 83(1) The Minister may provide assistance to the holder of a grazing disposition for range improvements by granting a rental credit in an amount determined by the Minister, which may be applied toward the payment of any rent payable under the grazing disposition.

(2) Subject to

section 159, rental credits are not refundable. 84 Repealed AR 145/2019 s5. Division 3 Farm Development

Definitions 85 In this Division, (

a) repealed AR 145/2019 s6; (b) “cultivation permit” means a cultivation permit issued under this Division; (c) “lease” means a lease i ssued under this Division; (

d) repealed AR 145/2019 s6. AR 187/2011 s85;145/2019

Section 86 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 58 Lease for farm development 86(1) The director may lease public land for the purpose of farm development.

(2) The term of a lease referred to in subsection (1) must not exceed 10 years. Eligibility 87 Only a corporation or a person who is a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) and is at least 18 years of age may apply for a lease. 88 Repealed AR 145/2019 s7. 89 Repealed AR 145/2019 s8. Cultivation permits 90(1) The director may issue cultivation permits in respect of public land that authorize the permit holder to cultivate or crop the land described in the permit.

(2) A cultivation permit may also authorize the holder to graze livestock on that part of the land described in the permit that is not cultivated.

(3) Subject to subsection (4), a cultivation permit expires on December 31 next following the date on which it is issued.

(4) If a person that applies for a cultivation permit undertakes to summer fallow the land described in the permit during the year in which the permit is to be issued, the permit expires on December 31 of the year immediately following the year in which the permit is issued. Division 4 Licence of Occupation

Definitions 91 In this Division, (a) “commercial user” mean s a person engaged in a commercial or business undertaking, but does not include a person engaged in a public works project or farming; (b) “licence” means a licence of occupation;

Section 92 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 59 (c) “licensed area” means public land that is the subject of a licence. Withdrawal of land 92 The director may, by a notice in writing to the holder of a licence, withdraw land from the licensed area. No compensation 93 The holder of a licence is not entitled to compensation from the Crown in respect of (

a) anything done under

section 92, or (

b) the cancellation of a licence. Right to construct roads 94 Where a licence authorizes the holder of a licence to construct a road, the holder may, subject to this Division and the terms of the licence, construct, maintain and repair the road in any manner the holder considers appropriate for the licensee’s own use and requirements. Holder’s duty respecting roads 95 If any or all of a licensed area is a road, the holder of the licence must (

a) keep the road in a reasonable condition, (

b) provide, in accordance with the director’s written instructions, gates that are equipped with locks, and (

c) subject to sections 97 to 99, permit other persons to trav el without charge along and across the road. Closing roads 96(1) If a vacant disposition area is a road held under a licence, the director may close the road only by order.

(2) An order under subsection (1) must not restrict access to the road by (

a) vehicles operated on behalf of the holder of the licence referred to in subsection (1), or

Section 97 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 60 (

b) vehicles operated on behalf of a commercial user entitled to use the road by consent of the holder or by order of an appeal body under

Part 10.

(3) An order under subsection (1) may impose terms and conditions on any disposition, including without limitation terms and conditions requiring the holder of the disposition to advertise or post notices regarding the road closure in the manner specified in the order. Enforceability of order 97 An order under

section 96 is unenforceable until it is registered and a copy of it is made publicly available. Commercial use of road 98 A commercial user that requires use of a road in a licensed area for the purposes of the commercial user’s commercial or business undertaking may use the road only (

a) by agreement with the hol der of the licence, whether reached in mediation under

Part 10 or otherwise, or (

b) in the absence of an agreement with the holder of the licence, in accordance with an order under

section 124(3) of the Act on an appeal under

Part 10. Application of Recreational Access Regulation 99 Sections 94 to 98 do not apply to the extent of any conflict with the Recreational Access Regulation (AR 228/2003) in respect of any part of a licensed area that is under, or that adjoins land that is under, an agricultural disposition. Division 5 Mineral Surface Leases Definition 100 In this Division, “mineral producer” means a person that has the right to, or the right to work, minerals in or under public land in Alberta.

Issuing of lease 101 The director may issue mineral surface leases of public land to mineral producers that require the land for purposes in connection with or incidental to the recovery and production of mines and minerals.

Section 102 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 61 Term of lease 102 A mineral surface lease must not be issued for a term that is greater than 25 years. Proof of right to work minerals 103 The director may require an applicant for a mineral surface lease to produce proof of the applicant’s right to work the mines and minerals the recovery and production of which are the subject of the application.

Crossing roadway 104 If the whole or part of land under a mineral surface lease is intended for use as an access roadway, the lessee shall permit the holder or occupant of the land on either side of the roadway to cross the roadway without charge at all reasonable times and at the place or places designated for that purpose by the lessee. Division 6 Surface Material Dispositions

Definitions 105 In this Division, (a) “lease” means a surface material lease; (b) “licence” means a surface material licence; (c) “operations” means the clear ing, stripping, excavating, processing and removal of surface material from, and the restoration and reclamation of, public land described in a lease or licence; (d) “operator” means the hol der of a lease or licence; (e) “public pit” means a pit th at is on public land and is designated for use by one or more operators under a licence; (f) “surcharge” means an amount of money prescribed by the Minister to be paid by an operator for the purpose of the development, administration, management, restoration or reclamation of public pits; (g) “surface material” means cl ay, marl, sand, gravel, topsoil, silt and peat.

Section 106 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 62 Surface Material Licences Issuance and effect of licence 106(1) The director may issue licences in respect of public land.

(2) A licence entitles the holder to occupy the public land under the licence to remove surface material by surface excavation. Amounts payable 107 In addition to any other application requirements, an applicant for a licence must submit with the application (

a) a sum equal to the royalty prescribed by the Minister for the amount of surface material the applicant intends to remove, and (

b) if the area to which the a pplication relates is a public pit, a surcharge in an amount prescribed by the Minister. Term 108 A licence must not be issued for a term greater than one year. Licence not assignable 109 A licence is not assignable. Surface Material Leases Issuance and effect of lease 110(1) The director may issue surface material leases in respect of public land.

(2) A lease entitles the operator to occupy the public land under the lease to remove surface material by surface excavation. Term 111 The term of a lease must not exceed 25 years. Detailed operating plan 112(1) An operator shall not commence active operations on the land under a lease without first obtaining an approval under this section.

(2) An application for an approval under this

section must be in the form approved by the Minister.

Section 113 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 63

(3) An approval under this

section may be given subject to any terms and conditions the director considers appropriate, including without limitation terms and conditions requiring the operator to develop, amend or complete a detailed operating plan showing the area or areas of land from which the holder intends to remove surface material and describing the methods the operator proposes to employ for removal of the surface material.

(4) The director may, by notice in writing given to an operator at any time after giving an approval to the operator under this section, require the operator (

a) to commence wo rk in accordance with the approval, and (

b) to remove the amount of su rface material specified in the notice within the time specified in the notice. Annual return 113(1) An operator must annually, (

a) on or before the date pre scribed by the director in a directive issued for the purposes of this section, or (

b) if no directive is issued u nder clause (

a) in respect of a particular year, within 30 days after the end of the anniversary month of the lease, file with the director a surface materials return in a form acceptable to the director that states the quantity of surface material removed in the preceding 12-month period from the land under the lease.

(2) A directive under subsection (1)(

a) must be made publicly available and copies of it must be made available to any person on request. (3) Subsection (1) is prescribed for the purposes of

section 59.3 of the Act and the director may, by notice to an operator that contravenes subsection (1), require the operator to pay a late filing fee in an amount determined by the director. Payment of royalty 114 An operator must remit with the return filed under

section 113(1) the royalty on all surface material removed during the preceding 12-month period, at the rates prescribed by the Minister. Removal of surface material by others 115(1) The Minister may, by order, authorize the Minister of Infrastructure, the Minister of Transportation and Economic

Section 116 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 64 Corridors or any other person to enter the land under a lease and remove surface material required for the construction or maintenance of public roads or other public works.

(2) Where an order under subsection (1) is made in respect of the Minister of Infrastructure or the Minister of Transportation and Economic Corridors, the operator is not entitled to compensation for any surface material removed under the authority of the order but the Minister of Infrastructure or the Minister of Transportation and Economic Corridors, as the case may be, may pay the operator any compensation that Minister considers appropriate.

(3) Where an order under subsection (1) is made in respect of a person other than the Minister of Infrastructure or the Minister of Transportation and Economic Corridors, the Minister may require the person (

a) to pay the operator compensation in an amount that the Minister considers appropriate, and (

b) to pay the Minister a deposit before entering on the land , in a form, manner and amount determined by that Minister, to secure payment of the compensation referred to in clause (a). AR 187/2011 s115;170/2012;216/2022;9/2023 General Operator’s duties 116 An operator shall not (

a) damage any road, bridge, ferry, pipeline, dam, causeway or other work, or (

b) do anything that is likely to cause damage to or adversely affect the interest of other persons. Exploration program 117 The director may, by order, require an operator to conduct an exploration program in order to provide proof of the existence of surface material on public land to which an application for a lease or licence relates. Records 118(1) An operator must (

a) keep and maintain for each l ease or licence complete and accurate books and records relating to the removal, sale

Section 119 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 65 and delivery of surface material from the land under the lease or licence, and (

b) make the books and record s available on the written request of the director or an officer for the purpose of auditing.

(2) An operator must keep the information in books and records referred to in subsection (1) for the entire term of the lease or licence and for a further period of 3 years following the expiry or cancellation of the lease or licence. Information to director 119 An operator must, on the written request of the director, provide to the director (

a) in a form acceptable to the director. any information the director requests respecting the work performed on the land under the lease or licence, (

b) copies of invoices, bills of lading and other records respecting the removal, sale and delivery of surface material, and (

c) any other records, documents and information the director requests respecting the work performed on the land under the lease or licence. Surface materials auditor 120(1) It is a condition of a lease or licence that a surface materials auditor designated by the director may, without warrant, at any time during normal business hours, enter the premises or place of business of the operator or former operator where the operator or former operator’s records are kept to (

a) audit or examine any books or records referred to in

section 118 for the purposes of verifying or calculating the royalty payable on surface materials removed under the lease or licence, and (

b) examine any property, pro cess or matter that may, in the auditor’s opinion, provide assistance in determining the accuracy of an inventory or in ascertaining the information that is or should be in the books or records of the operator or in ascertaining the amount of royalty that is payable.

(2) The condition referred to in subsection (1) survives the cancellation or expiration of the lease or licence.

Section 121 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 66 Division 7 Pipeline Dispositions

Definitions 121 In this Division, (a) “agreement” means an agree ment referred to in

section 122; (b) “lease” means a lease re ferred to in

section 128(1); (c) “operator” means a person that, in the course of business authorized under

an Act of Alberta or Canada, (

i) constructs a pipeline or undertakes any operations preparatory to its construction, or (ii) operates a pipeline; (d) “pipeline” means a pipeline for the transmission of fluid or gaseous substances; (e) “pipeline installation” means any equipment, apparatus, mechanism, machinery or instrument that is incidental to the operation of a pipeline, including, without limitation, (

i) a separator, pumping stati on, metering facility, tank, pump, rack, storage facility or loading or other terminal facility or other structure connected to the pipeline for treating the substance that is being or that is to be transmitted, and (ii) any other installation that the director considers to be a pipeline installation, but does not include a refinery, processing plant, marketing plant or a right of way installation; (f) “right of way” means the p ublic land that is the subject of an agreement; (g) “right of way installa tion” means any equipment, apparatus, mechanism, machinery or instrument that is incidental to the operation of a pipeline and is within a right of way, including, without limitation, (

i) a bridge or support struct ure for a pipeline above the surface, and

Section 122 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 67 (ii) a valve, valve box, drip, blow down, connection, foundation, scraper trap and a cathodic protection apparatus, and any other installation that the director considers to be a right of way installation. AR 187/2011 s121;197/2014 Agreements Pipeline agreements 122 The director may, on behalf of the Crown, enter into an agreement with an operator that requires public land (

a) for the purposes of a pipeline that the operator is authorized to construct, and (

b) for the purposes of a right of way installation that is incidental to the pipeline. Other dispositions 123(1) Every agreement is subject to an easement in favour of the Crown and, if the Crown makes or has made a disposition of land and that disposition is made subject to the agreement, the person to whom the disposition is made may use the surface layer of the right of way (

a) to grow crops a nd graze livestock, (

b) to erect fences, if they ar e necessary extensions of those already erected to enclose or partition the land adjoining the right of way, and (

c) for the purposes of a road crossing the right of way.

(2) Despite the existence of an agreement, the director may include part of a right of way that is required for a road crossing in land in respect of which a licence of occupation for a roadway is issued under Division 4 of this Part.

(3) Where a right of way contains an installation, subsections (1)(

a) to (

c) and (2) do not apply in respect of the right of way.

(4) Nothing in subsection (1) or (2) derogates from the right of the operator to enter the right of way for any of the purposes for which the agreement was entered into.

(5) Despite subsection (4), an operator that enters a right of way and causes damage to

Section 124 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 68 (

a) crops, whether standing or cut, on the right of way, (

b) personal property, including livestock, on the right of way, (

c) any resource on the right of way, or (

d) a fence, road or other improvement on the right of way is liable to pay compensation to the Crown or any other person legally entitled to it.

(6) An operator may, instead of paying compensation under subsection (5), agree with the Crown or other person to repair or replace the crops, personal property, resource or improvements. Access over public land 124(1) Every agreement grants the operator the right of access to and from the right of way over any public land on either side of the right of way from the nearest public highway, road or road allowance, whether or not there is an occupant on the public land.

(2) If an operator exercises a right of access under subsection (1), the operator is liable to pay compensation to the Department and to any lawful occupant of the public land for any damage caused in the course of exercising the right of access. Additional pipeline 125(1) An operator may, with the consent of the director, lay down, construct and install more than one pipeline within the limits of the right of way and, on obtaining the consent, has the same rights with respect to the additional pipeline as with respect to the original pipeline.

(2) If an additional pipeline is laid down, constructed and installed under subsection (1), the operator is liable to pay compensation to the Department and to any lawful occupant of the right of way or of land adjoining the right of way for any damage caused in the course of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing the additional pipeline and the right of way installations that are incidental to the pipeline. No removal of surface material 126 An operator shall not remove from the right of way any sand, gravel, clay, marl, topsoil, silt or peat found within it.

Section 127 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 69 Completion of work 127(1) For the purposes of subsection (2)(b), “equivalent land capability” means a condition in which the ecosystem processes on the land within the right of way are capable of producing goods and services of a quality and in a quantity that is at least equivalent to that which existed before (

a) a disposition identified by the director was issued in respect of the land, or (

b) the pipeline was laid down , constructed or installed within the right of way, whichever the director directs.

(2) Except where a pipeline is lawfully constructed above the surface of the right of way, an operator that lays down, constructs or installs a pipeline within the limits of a right of way must (

a) bury the pipeline, and (

b) restore and reclaim, to the director’s satisfaction, the r ight of way to an equivalent land capability within one year after the date of execution of the agreement, in the case of the first pipeline constructed in the right of way, and within one year after the date of an approval under

section 125(1), in the case of an additional pipeline in the right of way.

(3) If the director considers it appropriate to do so, the director may, in writing, extend the one-year period provided by subsection (2) at any time before or after it expires.

(4) If the director considers it appropriate to do so, the director may, in writing, waive or vary the requirements of subsection (2)(b). Leases Issuing leases 128(1) An operator may apply for and obtain a lease of public land as a site for the operator’s pipeline installation.

(2) The director may require an applicant for a lease to produce proof that the applicant is an operator and that the land applied for is required as a site for a pipeline installation. Term of lease 129 The term of a lease must not exceed 25 years.

Section 130 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 70 Crossing roadway 130 If the whole or part of land under a lease includes land that is intended for use as an access roadway, the holder of the lease shall permit the holder or occupant of the land on either side of the roadway to cross the roadway, without charge, at all reasonable times at the place or places designated by the holder of the lease as crossing points. Sale of land under lease 131(1) If, after a lease is issued, land that is located in the same quarter

section as all or part of the land under the lease is located is disposed of under the Act by way of an agreement for sale, the Minister may by notice in writing require the operator to (

a) have the leas ed land surveyed, (

b) register the plan of survey under the Land Titles Act, and (

c) deliver to the Mi nister a registered plan of survey that is certified to be a true copy by the Registrar under the Land Titles Act, in a manner and within the time specified in the notice. (2) Subsection (1) does not apply if the land under the lease is described in the lease by reference to a registered plan of survey. Division 8 Commercial Trail Riding Dispositions

Definitions 132 In this Division, (a) “base camp” means the base of operations for which a lease is granted; (b) “commercial trail riding operation” means a business enterprise that provides recreational horseback riding trips of varying duration; (c) “day use trail ride management area” means an area designated by an order of the Minister as adaptable for commercial trail riding use where no overnight camping is permitted as part of the operation; (d) “lease” means a lease granted for a base camp;

Section 133 AR 187/2011 PUBLIC LANDS ADMINISTRATION REGULATION 71 (e) “multiple operator trail ri de management area” means an area designated by an order of the Minister as adaptable for commercial trail riding by more than one operator; (f) “operator” means a person to whom a lease or permit is granted; (g) “permit” means a commercial trail riding permit issued under this Division; (h) “recreational horseback ri ding trips” does not include horseback riding trips for the purpose of hunting; (i) “single operator trail ri de management area” means an area designated by an order of the Mini

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 187/2011
Type	regulation
Volume / chapter	2011 187
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	afb7624b6c0b6277006244023df0edb8e5d2b8e7

Source file is stored in the law ingest library (pdf).