Changes to a controversial law allowing the creation of regional plans have spelled out what the provincial government was trying to achieve from the very beginning, said the Highwood MLA.
The government has proposed a number of changes to the Alberta Land Stewardship Act (ALSA) in response to heavy criticism over the law.
ALSA’s opponents say the law infringes on Albertan’s property rights, while the Province has said the law has been misinterpreted.
Highwood MLA George Groeneveld said the amendments – included in Bill 10 recently brought forward in the legislature, clears up any misconceptions with the law and clarifies what the government was trying to achieve.
“A lot of the changes are simple wording so guys like you and I can understand it better,” he said.
Groeneveld is helping host a town hall discussing the changes in High River on Saturday morning at the Highwood Memorial Centre from 10 a.m. to noon.
ALSA divides the Province into seven land use regions and mandates the creation of a plan for each area, as well as for both the Calgary and Edmonton areas.
Groeneveld said the changes will improve protection of property rights under regional plans.
“It strengthens my position as a land owner,” he said. “It protects me better than I was before.”
ALSA has come under heavy criticism in recent months with concerns it doesn’t allow compensation, it restricted local municipality’s decision making abilities and it doesn’t permit people to go to the courts to challenge a regional plan. Opponents have also targeted legal wording that would’ve allowed the government to extinguish (In fact, ‘extinguish’ is the exact word used) things like water licenses or other licenses, permits or certificates authorized by the Province.
In response to this criticism, Premier Ed Stelmach announced in January the Province would review ALSA and come up with a list of changes.
In one proposal, the word ‘extinguish’ would be changed to ‘rescind.’
In Bill 10, the government is committing to “respect the property and other rights of individuals and must not infringe on those rights except with due process of law.”
The government has also specified that land titles and freehold mineral titles are not covered under ALSA. As well, people who are affected by a regional plan can request a review and apply for a variance from a regional plan in when deemed appropriate.
The amendments would also require the government provide notice to anyone who may be effected and of the process for compensation.
Groeneveld said things like compensation rights still existed under the law, but it wasn’t spelled out appropriately.
The changes specify that a regional plan cannot change or rescind a development approval made by a municipal government if a development is completed or underway.
ALSA’s lead opponent doesn’t believe the go far enough.
Lawyer Keith Wilson characterized the changes are merely an attempt at “slight of hand” by the Province and are neither substantive or meaningful.
“The fundamental problems of the legislation persist,” he said.
Wilson led a series of meetings in communities across the Province in opposition to the bill.
He said making it clear that ALSA cannot extinguish land titles or approvals for existing developments or those under construction was a positive step forward.
However, Wilson said most of the amendments fall short.
He ALSA should have specific criteria outlining how things like water licenses could be rescinded under a regional plan.
“It doesn’t say it can rescind a water license where the following factors are present,” he said.
Wilson said the Province needs to be more specific about compensation rights under ALSA.
The Province maintains that the law doesn’t affect existing rights to compensation under other legislation. However, Wilson counters that other legislation, such as the Water Act, outlines specific triggers for compensation and doesn’t include any links to ALSA.
“There’s nothing under any of the other acts that gives you right to compensation if ALSA powers are used,” he said.
Wilson said ALSA still limits municipal autonomy.
He points out the law still requires all municipalities to align their municipal development plans and other land use documents to the regional plans and municipalities could still face penalties from the Province for going against a regional plan.
“This impression they’re trying to create that they’re going to have respect for local decisions is completely contradicted by the substantive provisions that remain in the act,” he said.
