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Preamble:
WHEREAS changes to policy regarding maintenance and renewal of Alberta Environment and Parks dispositions now requires a security deposit to be held for Crown land leases for municipalities; and
WHEREAS the changes have also forced non-profit organizations to turn to local municipalities and seek unbudgeted financial support and administration guidance to renew dispositions; and
WHEREAS the new security deposit requirement for crown land dispositions is not practical or financially sustainable for municipalities or non-profit organizations wishing to maintain or renew their dispositions; and
WHEREAS the security deposit is taking funds from a lower level of government to a higher level;
Operative Clause:
THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta request that the Government of Alberta remove the requirement for municipalities to provide a security to receive Crown land dispositions.
Member Background:
Municipalities that hold dispositions on Crown land have demonstrated excellent stewardship of the land and Alberta Environment and Parks has alternate means of ensuring Crown lands are satisfactorily reclaimed following the cancellation of a disposition.
RMA Background:
RMA has no active resolutions directly related to this issue.
Alberta Environment and Protected Areas
As you know, municipalities are important partners in land management, including the stewardship of Crown land. Local municipalities are exempt from providing reclamation security, if they are operating under an approval, registration or code of practice, per s. 17.1 of the Conservation and Reclamation Regulation.
Not-for-profit organizations do very important work for society as a whole; however, they are not exempt from providing security on the Crown lands they lease under the Conservation and Reclamation Regulation and the Public Lands Administration Regulation (both available at www.qp.alberta.ca). Reclamation security is an essential component of Alberta’s regulatory regime, and not-for-profits must provide reclamation security on Crown lands in an amount and form acceptable to the director.
Development:
RMA appreciates the Government of Alberta response that local municipalities are exempt from providing reclamation security if they are operating under an approval, registration, or code of practice, per s. 17.1 of the Conservation and Reclamation Regulation. However, this resolution is stating that municipalities are being held accountable to pay a security deposit for dispositions on Crown land.
Alberta Environment and Protected Areas have clarified that they will not consider exemptions for municipalities on dispositions for Recreational Miscellaneous Leases, Surface Material Leases, and Miscellaneous Leases. RMA is concerned about this lack of exemption and the fact that security deposits are determined on a case-by-case basis. This hinders the planning ability of municipalities to know what costs they may incur to take out dispositions.
RMA assigns this resolution a status of Intent Not Met and will update this resolution once clarity has been received.
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