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Update on Bill 36: Alberta Land Stewardship Act

As previously noted in our blog, Bill 36, the Alberta Land Stewardship Act, received its third reading on June 2, 2009 and Royal Assent on June 4, 2009. The Act will come into force on Proclamation, which has not yet occurred and will occur at the discretion of the Provincial Cabinet.

Certain amendments were made to Bill 36. Of particular note is Amendment A1E, which amended the provision of Bill 36 that concerns the notices required to be provided by a person intending to register a conservation easement.

Previously, under the Environmental Protection and Enhancement Act ("EPEA"), a person intending to register a conservation easement was required to provide notice of the planned registration to:

• the Minister responsible for the Municipal Government Act, where the land that is the subject of the conservation easement is located in an improvement district,
• the Special Areas Board, where the land that is the subject of the conservation easement is located in a special area, or
• the local authority of the municipality in which the land that is the subject of the conservation easement is located, in any other case.

Bill 36 contains a version of the third requirement which has been broadened to require notice to also be provided to the council of the Metis settlement in which the land that is the subject of the conservation easement is located. The amendment to Bill 36 requires that the Minister of Infrastructure and the Minister of Transportation must receive notice as well.

The notice is required to be provided in accordance with the regulations. The Conservation Easement Registration Regulation (the "Regulation") provides, among other things, that the notice must be received at least 60 days prior to the presentation of the conservation easement for registration.

Under EPEA, the Minister can modify or terminate a conservation easement if the Minister considers that it is in the public interest to do so. Bill 36 grants this ability to a "Designated Minister", which can be designated under the Government Organization Act, named in a regional plan, and may include the Stewardship Minister.

In addition to the additional notice requirements on persons registering a conservation easement, an effect of Bill 36 and the amendments to it is that the number of Ministers and governmental officials monitoring conservation easements in Alberta is about to increase. It will be noteworthy if governmental encroachment of conservation easements will increase as a result, or if the government will maintain a "hands-off" approach to contracts signed between private landowners and conservation organizations.

The Regulation will remain in force and will effectively be moved from EPEA to the new Alberta Land Stewardship Act. This will require some consequential revisions to the Conservation Easement Registration Regulation, if only to update the statutory references to the new Act. We will monitor the legislative steps taken to revise the Regulation and will report when it happens.

Energizing Alberta's Future

The Alberta Government's Provincial Energy Strategy, unveiled on December 11, 2008, charts the future of Alberta's global role in energy conservation and production. The Provincial Energy Strategy can be summarized in three main objectives: clean energy production, wise energy use, and sustained economic prosperity. The Government's commitment to clean energy production will prioritize innovation through investment in technology and research for both renewable energy and fossil fuel. Moreover, the Provincial Energy Strategy addresses the importance of energy conservation in the future of the province, the nation and the world. The Alberta Government has recognized the opportunity for Alberta to serve as a role model in appropriate consumption and initiating change to emphasize efficiency and conservation. Alberta has also committed to sustained economic prosperity through its energy industry. This tenant of the Provincial Energy Strategy focuses on both production and development of energy resources and also on the importance of "value-added" industries. The Strategy commits to expanding the energy industry in Alberta through resource upgrading, reprocessing, manufacturing and innovation.

The Alberta Government has already taken action in implementing the long term Provincial Energy Strategy through the introduction of Bill 28, the Energy Statutes Amendment Act, 2009 which passed its second reading on May 6, 2009. The legislative changes proposed through the Energy Statutes Amendment Act provide a comprehensive update to current energy legislation making minor amendments which will promote sustainable energy development and regulatory efficiency. That Act will amend ten Acts of Legislature and repeal two Acts previously passed.

In addition to these legislative changes, Alberta has committed significant financial support to a green future. Alberta's Innovative Energy Technologies Program will contribute 200 million dollars over a five year period to pilot projects that demonstrate new or innovative technologies to increase environmentally sound recoveries of existing reserves and encourage responsible development of new oil, natural gas and in situ bitumen reserves. On May 14, 2009 the Government of Alberta further strengthened its long term commitment to establishing the Province as a global hub for sustainable energy technology by announcing funding for 9 projects, totaling up to 41.5 million dollars, in addition to the 16 projects already announced.

For additional information and further details, please see our bulletin "Energizing Alberta's Future: Provincial Energy Strategy". We will be reporting on further legislative developments and initiatives by the Alberta Government to implement the Provincial Energy Strategy.

Construction & Demolition Waste Next "Big" Thing.

Today, Alberta becomes the first jurisdiction in North America to further encourage the recycling of milk and dairy containers through a deposit on containers. (See our blog)

And Alberta continues to lead the way when it comes to waste diversion and recycling with a construction and demolition waste recycling program. The program is in the final stages of industry and public consultation, and although the details of the program haven't been set, it will likely be based on a deposit / refund system administered through an arm's length not-for-profit organization. Stay tuned.

This is an awesome enterprise because of both the volume of material to be diverted from landfills and the variety of material and manufacturers and users involved. Up to seven tonnes of waste is generated from the building of an average home. The impact on our landfills is significant. In Alberta in 2006, more than 860,000 tonnes of C&D waste went to landfills. 50% diversion from landfills means a savings of 130 kg for every Albertan. It's possible the new deposit program could encourage up to 70% or 75% of waste from construction sites being diverted. That's high-impact volume.

The material is varied - asphalt and asphalt shingles, wood, drywall, concrete, metals - meaning the recycling of the materials involves a number of recyclers and products. The program also requires buy-in from construction companies and associations, recyclers and manufacturers - no small feat.

The good news for Albertans - the construction and C&D waste recycling industry are already recycling material that would otherwise be filling landfills. The market is already responding with recyclers in Edmonton, Calgary, Red Deer and Lethbridge. This is a great example of Alberta's spirit to achieve: Watch here