WHEREAS the Municipal Government Act (MGA) requires the preparation and adoption of planning documents such as intermunicipal development plans, municipal development plans, land use bylaws and area structure plans to ensure orderly, economical and beneficial development and use of land, unless specifically exempted; and

WHEREAS section 619(1) of the MGA allows a license, permit, approval or other authorization granted by the Natural Resources Conservation Board (NRCB), Energy Resources Conservation Board (ERCB), Alberta Energy Regulator (AER), Alberta Energy and Utilities Board (AEUB) or Alberta Utilities Commission (AUC) to prevail over municipal statutory plans, land use bylaws, development authority, and more; and

WHEREAS section 619(2) of the MGA mandates municipalities to approve development applications consistent with licenses or authorizations granted by provincial boards like the NRCB, ERCB, AER, AEUB, or AUC, thereby limiting municipal authority in land use decisions; and

WHEREAS there is no legislative requirement for the NRCB, ERCB, AER, AEUB and AUC to consider municipal land use planning bylaws put in place for the protection of productive agricultural land when these agencies approve confined feeding operations, electrical generation or transmission projects; and

WHEREAS section 8 of the South Saskatchewan Implementation Plan for Agriculture requires municipalities to delineate primary agricultural areas, curb the fragmentation and premature conservation of agricultural lands, guide non-agricultural development to suitable areas and minimize conflicts between intensive agricultural operations and incompatible land uses;

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta urge the Government of Alberta to amend Section 619 of the Municipal Government Act to state that decisions made by provincial regulators in granting licenses, permits, approvals and other authorizations under their jurisdiction must be consistent with municipal statutory land use planning related to the protection of productive agricultural lands, impacts on municipal infrastructure, existing land uses, and other possible local project impacts.

Application approval processes for licenses, permits, approvals or other authorizations related to large scale development projects through the Natural Resources Conservation Board (NRCB), Energy Resources Conservation Board (ERCB), Alberta Energy Regulator (AER), Alberta Energy and Utilities Board (AEUB) and Alberta Utilities Commission (AUC) are regulated by specific rules and directives. For instance, the current approval process for the AUC reviews the social, economic, and environmental impacts of facility projects for power plants, substations, transmission lines, industrial system designations, hydro developments, and gas utility pipelines to determine if approval of a project is in the public interest.

The application includes a requirement to “summarize consultation with local jurisdictions (e.g., municipal districts, counties),” as part of the participant involvement program. According to the AUC this early consultation “may (but is not guaranteed to) lead to greater influence on project planning and what is submitted to the AUC for approval.” Formal submissions of outstanding concerns will be heard, understood, and considered; however, it is up to the AUC to decide whether to hold a hearing on the application(s). The AUC must hold a hearing if a concerned person can demonstrate that they have rights that may be directly or adversely affected by the AUC’s decision on the application. It is the purview of the AUC to issue a written decision of approval, denial, or approval with conditions. Therefore, while municipal input is possible, the potential of the applicator or the AUC to disregard municipal input if considered irrelevant by their standards is unacceptable.

The other quasi-judicial agencies have similar processes. Application processes for pipelines, wells, processing plants and facilities, bitumen upgraders, oil sands mines, and coal mines are filed with the AER. Generally, the process requires a participant involvement program including the municipalities. While the potential for input exists, the municipality is treated like other stakeholders and not valued as holding local expertise. The NRCB approves natural resource projects and confined feedlot operations. The application process for natural resource projects includes a notice of application to invite public submissions. On the other hand, the confined feedlot operations applications fall under the Agricultural Operation Practices Act (AOPA), which states that an approval officer must consider whether the application is consistent with municipal development plan land use provisions and must deny the application unless a variance may be granted. A requirement for consistency would reduce dissonance between the agencies and existing municipal statutory land use plans.

Previous efforts on the parts of municipalities, agricultural service boards, and the Rural Municipalities of Alberta (RMA) have not garnered enough traction to precipitate further provision for municipal input and the preservation of productive agricultural lands. RMA has formed the RMA Committee on Quasi-Judicial Agencies (QJAC), which has engaged with RMA members, provincial quasi-judicial agencies, and other stakeholders. In addition, an RMA research report examining the concept of “public interest” and the role that Alberta’s quasi-judicial agencies have in upholding the public interest in relation to the industries they regulate is expected to be completed in Fall 2023. This report should provide RMA with evidence, analyses, and recommendations to continue to advocate for changes to section 619. This an effort to ensure municipal plans and local expertise is accepted and integrated, particularly as it relates to protecting agricultural land use, and to uphold municipal responsibility to comply with the South Saskatchewan Implementation Plan for Agriculture, Weed Control Act, Soil Conservation Act, Agricultural Pests Act, and Municipal Government Act to direct weed and pest control, soil and water conservation programs, and to provide safe and viable communities.

9-22F: Renewable Energy Project Reclamation Requirements

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta request that the Government of Alberta implement a mandated collection of adequate securities for future reclamation of renewable energy projects on private lands, either by requiring renewable energy project proponents to post a reclamation surety bond as a condition of any renewable energy project approvals or by other means;

FURTHER BE IT RESOLVED that the amount of the required securities be calculated based on data-driven projections of actual reclamation costs to protect municipalities and residents of Alberta from incurring costs associated with the decommissioning of all renewable energy projects.

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21-22F: Loss of Agricultural Land to Renewable Energy Projects

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta request the Government of Alberta to work collaboratively on policy that will find a balance between the development of renewable energy and protection of valuable agriculture lands.

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6-22S: Responsiveness of Service Delivery by Quasi-independent Agencies in Alberta

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta request that the Government of Alberta review the continued use of unelected, quasi-independent agencies for the administration and delivery of essential public services, with the results of the review published for public examination.

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7-20F: Amendments to Municipal Government Act Section 619

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta urge the Government of Alberta to amend Section 619 of the Municipal Government Act to clearly state that the Natural Resources Conservation Board, the Energy Resources Conservation Board, the Alberta Energy Regulator, the Alberta Energy and Utilities Board or the Alberta Utilities Commission must consider municipal statutory land use planning related to the protection of productive agricultural lands when making decisions on licenses, permits, approvals and other authorizations under their jurisdiction.

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