Bill 28: Municipal Affairs and Housing Statutes Amendment Act, 2026 received Royal Assent on May 14, 2026. Bill 28 creates s. 619.1 in the Municipal Government Act, allowing provincial registration of aggregate pits to prevail over municipal plans, land use bylaw, development decisions, or subdivision decision. Municipalities now must amend land use bylaws, statutory planning documents, and permits to align with provincial pit registrations.
Alberta Environment and Protected Areas (EPA) engaged with RMA and individual municipalities in July and August as part of the process to update the Code of Practice for Pits (the Code) to align with the high-level changes implemented through Bill 28. This includes:
- Implement amendments to the Municipal Government Act introduced through Bill 28
- Add environmental conditions as required
- Outline changes to the referral process – in the Code, an associated guidance document, or departmental business process/procedure
- Implement two recommendations from the provincial Sand and Gravel Task Force
- Streamline or standardize application requirements and processes under the Environmental Protection and Enhancement Act (EPEA) and Water Act
- Make administrative and operational improvements.
The Government of Alberta is seeking to proclaim relevant sections of Bill 28 in November 2026. The Code will be finalized to align with proclamation timing.
The Government of Alberta has not provided a clear policy rationale for the addition of s. 619.1 and how the change is intended to maintain appropriate balance between industry growth and adequate aggregate supply, provincial priorities, and local land use planning and public interest considerations. This lack of policy clarity is reflected in the significant unknowns that remain related to if and how the scope of the provincial registration process will change to reflect a diminished local role, if and how municipalities and landowners will provide input into a registration process that is not currently designed to accommodate community engagement, if and how the environmental focus of the provincial registration process will account for non-environmental impacts or considerations associated with a pit application, and how municipal regulation of issues within scope of the registration process, but for non-environmental purposes (such as dust) will be addressed.
Based on what is known and not yet known about how s. 619.1 will be implemented, the change may introduce significant risks to municipalities, landowners, and industry. RMA’s submission focuses on:
- Impact of poor coordination and alignment across different government processes
- Limited ability to appeal a pit registration coupled with a lack of public hearing or community engagement in the provincial registration process
- Unclear division of roles and responsibilities with potential unintended consequences
- Need for improved communication and inspection and enforcement measures to prevent expansion of operators with a poor history of compliance.
The submission builds on RMA’s initial Bill 28: RMA Analysis released in April and more detailed analysis outlined in Bill 28 Impacts on Aggregate Pit Approval Process: Overview and Recommendations released in June.
EPA has indicated that they expect the Code to be updated by October 2026. RMA will monitor next steps and provide further information to members as it becomes available.
For more information, contact RMA’s Policy and Advocacy Team at advocacy@rmalberta.com or 825.319.2383.