Date:
Expiry Date:
Current Status:
Sponsors:
District:
Year:
Convention:
Category:
Status:
Vote Results:
Preamble:
WHEREAS the Natural Resources Conservation Board (NRCB) is responsible for approving confined feeding operation (CFO) applications in Alberta; and
WHEREAS the NRCB approval process does not allow for municipalities to create or implement land use bylaws that restrict, prevent, or prohibit confined feeding operations; and
WHEREAS The NRCB consults affected municipalities during the approval process only if the application affects the municipal land use bylaw or municipal development plan; and
WHEREAS The Alberta Energy Regulator (AER) and the Alberta Utilities Commission (AUC) both allow unsatisfactory levels of municipal involvement in project developments and approvals; and
WHEREAS such developments may place undue pressure and strain on the impacted municipality’s resources, infrastructure, environment, and community relationships; and
WHEREAS comments provided by the municipalities during the approval process are often deemed insignificant, passed onto another ministry, and not adequately addressed prior to project approval;
Operative Clause:
THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) advocate for the Government of Alberta (GOA) to mandate the Natural Resources Conservation Board, Alberta Utilities Commission, and Alberta Energy Regulator to incorporate into their application approval processes involvement of the municipality where the proposed operation will occur;
FURTHER BE IT RESOLVED that RMA advocates to the GOA to allow for municipalities to address, restrict, and/or create variances for confined feeding operations within their respective land use bylaws and municipal development plans.
Member Background:
Municipal involvement in proposed projects or developments that receive approvals through provincially delegated quasi-judicial agencies is of little significance to the overall approval process. The lack of municipal involvement creates undue strain on the resources, infrastructure, and local environment of the affected municipality. Without prior notification, the municipality is often unprepared for potential consequences of proposed projects. These approvals often receive community backlash which the municipality is unable to address as they were not involved in the approval process in a meaningful or significant way. This impacts community relations and fosters potential hostility between the public, the municipality, and the respective quasi-judicial agency. Notification systems of the quasi-judicial agencies are lacking; depending on the project, municipalities may not be notified of the activity at any point during the approval process, or notification is given on a short timeline with the municipality unable to form an appropriate or comprehensive response within the given timeframe. Should the municipality put forth concerns or comments, these may often be left unanswered with the approval still moving forward.
In the instance of approvals for the Natural Resources Conservation Board (NRCB), the municipality is unable to include any provisions in their Land Use Bylaw which may impact or prohibit the development of NRCB-approved projects. When projects are proposed, the respective municipality is asked to provide comment on if the development aligns with the Land Use Bylaw. Should the municipality provide comment, they are often left unaddressed or delegated to another ministry within the provincial government. During this time, the approval is moved forward without answers for the municipality’s comments or concerns. Due to limited staffing, negative consequences of the development are often left unaddressed, and the complaints fall to the municipality that has no ability to rectify or address the issue. This process is mirrored in many quasi-judicial agencies, leaving the municipality in a difficult position across various development types proposed within their municipal boundaries.
RMA Background:
5-23F: Municipal Involvement in Quasi-Judicial Agencies
THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta work with the Government of Alberta to ensure coordination and/or consideration between municipal land-use planning processes and bylaws and quasi-judicial agency approval processes, establish more meaningful engagement between local municipalities and quasi-judicial boards and agencies, and ensure legislative mechanisms and processes are put into place to hold agencies and the proponents accountable for reclamation of a site from the onset of a project.
Click here to view the full resolution.
Development:
Provincial Ministries:
Provincial Boards and Organizations:
Internal Notes:
