Bill 57 — Fourth Session, 18Th Legislature, 27 Elizabeth Ii the Legislative Assembly of Alberta Bi·Ll 57 the Energy Resources Conservation Amendment Act, 1978 (Legislature 18, Session 4)

L18 S4 4365

Alberta — Bills

1978 BILL 57 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BI·LL 57 THE ENERGY RESOURCES CONSERVATION AMENDMENT ACT, 1978 THE MINISTER OF ENERG Y AND NATURAL RESOURCES First Reading ............................................ . Second Reading .......................................... . Committee of the Whole ................................... - Third Reading ........................................... . Royal Assent ............................................ . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 57 BILL 57 1978 THE ENERGY RESOURCES CONSERVATION AMENDMENT ACT, 1978 (Assented to , 1978) HER MAJESTY, by and with the .advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Energy Resources Conservation Act is amended by this Act. 2 The/olio wing is added ajier

section 30: 30.1

(1) In this section, "local intervener" means (

a) a person who is an owner as defined in The Land Titles Act of, or (

b) a person, other than the owner, who is in actual occupation of or who is entitled to occupy land as defined in The Land Titles Act that is or may be directly and adversely affected by a decision of the Board in or as a result of a proceeding before it, or a group or association of such persons, but, unless otherwise authorized by the Board, does not include a person or group or association of persons whose business includes the trad ing in or transportation or recovery of any energy resource.

(2) If a local intervener presents an intervention in a proceeding before it, the Board may award to the local intervener in accordance with this

section any costs reason ably incurred by the local intervener in connection with the proceeding.

(3) The Board may determine the amount of costs of a local intervener in a proceeding before it or the portion or share of those costs, that may be paid to or for the benefit of the local intervener.

(4) The Board may fix the amount of costs of a local intervener in a lump sum or may tax those costs in accord ance with the regulations, or in the absence of regulations, in a manner that it considers proper. 1

Explanatory Notes 1 This Bill will amend

chapter 30 of the Statutes of Alberta, 1971. 2 The new

section 30.1 will ensure that resource development does not result in an unjust burden being placed on local and particularly rural landowners who find as a result of a proposed development that to protect their land or interest in land, it is necessary to appear and establish their position at a public hearing held by the Board. The costs provisions are limited to owners and occupants of land who may require expert as well as financial assistance to fully advance and protect their property interests. The protection will be available to mineral owners and persons having the right to work minerals as well as surface owners. 1

(5) The Board may order that the participants in a proceed ing before it, or anyone or more of theI?, pay all ?r any portion or share of the costs of a local Intervener In the proceeding as determined under subsection (3).

(6) The Board may order when and to whom any costs or portion or share of costs as determined under subsection (3) shall be paid.

(7) Notwithstanding subsection (5), the Board, if it .consid ers it reasonable or equitable to do so, may, with the approval of the Minister of Energy and Natural Resources, pay all or any portion or share of the costs of a local intervener in a proceeding.

(8) The Board, if it considers it reasonable or equitable to do so, may, subject to such conditions respecting payment or repayment as it may prescribe, advance to a local inter vener those funds that the Board considers necessary to assist the local intervener to present the local intervener's submission to or before the Board.

(9) In determining if it will award or deny costs to a local intervener, or the amount of those costs, the Board may (

a) consider whether or not the intervention was frivo lous or vexatious, (

b) have regard to the need of the local intervener for assistance in the preparation and presentation of his submission, (

c) have regard to the degree of co-operation among local interveners during a proceeding to avoid a multi plicity of interventions. (

d) consider whether the intervention was conducted economically and in a way to advance the conclusion of the matter, (

e) consider whether the local intervener has satisfac torily proved that the costs were actually incurred, and (0 have regard to any other matter that the Board considers relevant.

(0) The Board may make regulations (

a) establishing a.

schedule .of costs that may be awarded to a local Intervener In any proceeding before the Board; (

b) prescribing conditions under which the amount of costs that are awarded by the Board may vary from the amount of costs prescribed in a

schedule of costs; 2

(

c) prescribing conditions under which costs may be awarded or denied~ (

d) prescribing the methods and procedures to be used in a taxation of costs of local interveners in any pro ceeding before the Board~ (

e) governing the appointment of taxing officers, and delegating to them the Board's power to tax costs of local interveners~ (0 governing appeals to the Board from a decision of a taxing officer on a taxation of costs of local interveners~ (

g) prescribing conditions under which the Board may advance funds to a local intervener~ (

h) prescribing conditions under which the Board may be reimbursed for funds advanced to a local intervener~ (D describing the persons or classes of persons who are responsible for reimbursing the Board for funds ad vanced to a local intervener. 3 This Act comes into force on the day upon which it is assented to. 3 Title: 1978 (18th, 4th) Bill 57, The Energy Resources Conservation Amendment Act, 1978

Document details

Collection	Alberta — Bills
Citation	L18 S4 4365
Type	bill
Volume / chapter	L18 S4 4365
Language	en
Format	json
Source	PROVINCIAL
Identifier	b6a7044f14730720fe13c3cb1969599582180d80

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