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WHEREAS quasi-judicial boards such as the Natural Resource Conservation Board (NRCB) and the Alberta Utilities Commission (AUC) are established under various acts and are granted specific decision-making powers; and
WHEREAS the Natural Resources Conservation Act and the Alberta Utilities Commission Act delegate the enforcement of approval conditions in quasi-judicial decisions to other government ministries, yet these conditions are often not enforced; and
WHEREAS this fragmented approach has led to instances in which:
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THEREFORE, BE IT RESOLVED the Rural Municipalities of Alberta advocate that the Government of Alberta implement a formalized inter-agency communication protocol to ensure that conditions outlined in decisions by quasi-judicial agencies are promptly and directly communicated to responsible government ministries for enforcement and oversight.
Member Background:
The creation of quasi-independent agencies has been viewed differently by various stakeholders. Critics argue that these organizations permit government officials to circumvent numerous legal requirements which typically govern public administration, potentially diminishing public oversight and accountability associated with traditional public agencies. Conversely, advocates assert that such entities streamline administrative processes by reducing bureaucratic obstacles and facilitating decision-making based on independently established criteria, free from political influence—whether actual or perceived. Given the significance of various development approval decisions, prevailing critiques of these quasi-judicial agencies’ may be particularly relevant.
The Natural Resources Conservation Board (NRCB) functions as an arms-length, quasi-independent agency within the Government of Alberta and reports directly to the Minister of Environment and Protected Areas. Established in 1991 under the Natural Resources Conservation Act, the NRCB is responsible for determining the public interest regarding proposed natural resource projects. In 2002, the NRCB assumed additional regulatory authority over Alberta’s confined feeding operations pursuant to the Agricultural Operations Practices Act.
The Alberta Utilities Commission Act, passed in 2008, led to the dissolution of the Energy and Utilities Board and the formation of two separate regulatory bodies: the Alberta Utilities Commission, which oversees the utilities sector, and the Energy Resources Conservation Board—now referred to as the Alberta Energy Regulator—which governs the oil and gas industry.
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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.
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