Bill 209 (Legislature 27, Session 4)

L27 S4 9305

Alberta — Bills

2011 Bill 209 Fourth Session, 27th Legislature, 60 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 209 TAILINGS PONDS RECLAMATION STATUTES AMENDMENT ACT, 2011 MS BLAKEMAN First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 209 Ms Blakeman BILL 209 2011 TAILINGS PONDS RECLAMATION STATUTES AMENDMENT ACT, 2011 (Assented to , 2011) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Energy Resources Conservation Act Amends RSA 2000 cE-10 1(1) The Energy Resources Conservation Act is amended by this section.

(2) The following is added after

section 48: Annual report 48.1 (a) “Directive 074” means Directive 074 “Tailings Performance Criteria and Requirements for Oil Sands Mining Schemes” published by the Board;

(1) In this section, (b) “Minister” means the Minister designated under

section 16 of the Government Organization Act as the Minister responsible for this Act.

(2) The Board must prepare an annual report at the end of each fiscal year outlining its activities during that fiscal year.

(3) The annual report prepared under this

section must contain a report on

Explanatory Notes 1 Explanatory Notes Energy Resources Conservation Act 1

(1) Amends

chapter E-10 of the Revised Statutes of Alberta 2000.

(2) Annual report.

2 (

a) every instance of an operator failing to meet the reduction of fluid tailings level stipulated in Directive 074, (

b) every instance where a project has significant changes to its overall tailings management plan under Directive 074 whether or not this requires an amendment to the previous approval, (

c) any amendment granted by the Board to a plan for a dedicated disposal area (DDA), an overall tailings management plan or an annual tailings management plan and the reasons for granting that amendment, and (

d) any instance where an operator has failed to meet or submit an annual tailings management plan.

(4) When completed but no later than September 30 each year, the Board must provide the annual report to the Minister, who must table it in the Assembly if it is then sitting or, if it is not sitting, make it public and table it within 15 days of the commencement of the next sitting of the Assembly. Oil Sands Conservation Act Amends RSA 2000 cO-7 2(1) The Oil Sands Conservation Act is amended by this section.

(2) The following is added after

section 19: Directive 074 Amendment or repeal 19.1 (a) “Directive 074” means Directive 074 “Tailings Performance Criteria and Requirements for Oil Sands Mining Schemes” published by the Board;

(1) In this

section and sections 19.2 and 19.3, (b) “Minister” means the Minister designated under

section 16 of the Government Organization Act as the Minister responsible for this Act.

(2) No amendment to Directive 074, including its repeal, may be made unless

Explanatory Notes 2 Oil Sands Conservation Act 2

(1) Amends

chapter O-7 of the Revised Statutes of Alberta 2000.

(2) Directive 074.

3 (

a) the Board has published a notice of the proposed change on its public website or on the Minister’s department’s website or both, (

b) the notice complies with the requirements of this section, and (

c) the time period specified in the notice, during which members of the public and stakeholders may submit comments, has expired.

(3) The notice referred to in subsection (2)(

a) must contain (

a) a

summary of the proposed amendment, (

b) a statement of the time period during which members of the public and stakeholders may submit written comments on the proposed amendment and the manner in which those comments must be submitted, and (

c) any other information that the Board considers appropriate.

(4) The time period referred to in subsection (3)(

b) must not end until at least 30 days after the Board gives the notice.

(5) After receiving the comments submitted in accordance with a notice under subsections (2) and (3), the Board must report to the Minister on what, if any, changes to Directive 074 the Board considers appropriate.

(6) Following the submission of the Board’s report to the Minister, the Minister must table the report in the Assembly if it is then sitting or, if it is not sitting, make it public and table it within 15 days of the commencement of the next sitting of the Assembly.

(7) Not less than 30 days after the Minister has tabled the report or otherwise makes the report public under subsection (6) the Board may make the changes to Directive 074 outlined in the report. Non-compliance 19.2 No amendment or waiver to the phase-in sequence of reduction in fluid tailings or to the overall tailings management plan by an operator will be granted by the Board unless the operator can demonstrate extraordinary circumstances or undue hardship.

Explanatory Notes 3

4 Making information public 19.3 Notwithstanding

section 20(1)(

q) of this Act, any information submitted by an operator concerning compliance with Directive 074 may be made publicly available by the Board.

Explanatory Notes 4

Record of Debate STAGE DATE MEMBER FROM TO TOTAL CUMULATIVE TOTAL Title: 2011 (27th, 4th) Bill 209, Tailings Ponds Reclamation Statutes Amendment Act, 2011

Document details

Collection	Alberta — Bills
Citation	L27 S4 9305
Type	bill
Volume / chapter	L27 S4 9305
Language	en
Format	json
Source	PROVINCIAL
Identifier	b8f7c5aab65126fef37c97ae9370fe51f22502d3

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