The Alberta government has taken steps to amend the Alberta Land Stewardship Act (Bill 36) in an effort to subdue landowner worry over property rights.
Sustainable Resource Development Minister Mel Knight has introduced Bill 10, a 12-page document that amends the original bill. The government says the changes are to “clarify the intent” of the original bill.
“This government has always and will always respect all existing property rights,” Knight said in a release. “The proposed amendments only strengthen our commitment to those rights and to consult with Albertans and develop regional plans under the Land-use Framework through a transparent and accountable process.”
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Opposition to Bill 36 and related legislation has been well-orchestrated across the province by local ad hoc landowner groups, agricultural organizations and the Wildrose Alliance party.
The government said that Bill 10 will create a review process for people who believe they are directly and adversely affected by any regional plan. It will allow landowners to request a variance in those plans. It will also require public consultation during planning and that draft regional plans be provided to the Legislature before being approved. The bill also clarifies that land titles and freehold mineral titles were never included in the definition of statutory consents.
The amendments include new wording that does not limit any existing rights to compensation or appeal. A key change has been the replacement of the word “extinguish” with “rescind.”
Lawyer Keith Wilson, who has been a leader in opposing the original legislation, said that although the changes are welcome, the amending legislation still leaves too much power in the hands of cabinet.
Alberta Beef Producers, a major landowner stakeholder group, says that Bill 10 appears to address many of their concerns, but will have the Bill reviewed by an independent legal counsel before making any formal comments.
Wildrose Alliance leader Danielle Smith maintained her opposition to the legislation, she said that long-term land use planning is needed but the present legislation is far too heavy-handed. “Landowners will not get much relief from seeing the word extinguish replaced with rescind,” she told theCalgary Herald.
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“Thisgovernmenthasalwaysandwillalwaysrespectallexistingpropertyrights.”
MEL KNIGHT
SUSTAINABLE RESOURCE
DEVELOPMENT MINISTER
