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Preamble:
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:
Operative Clause:
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.
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.
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Alberta Agriculture and Irrigation
The Natural Resources Conservation Board (NRCB) oversees permitting and compliance for confined feeding operations in Alberta under the Agricultural Operation Practices Act (AOPA) and the related Administrative Procedures Regulation.
The NRCB falls under the jurisdiction of Environment and Protected Areas (EPA). It has protocols and policies in place, such as the NRCB Approvals Operational Policy, intended to ensure applications and decision conditions are communicated to others, including ministries and municipalities.
During the AOPA application process, examples of NRCB activities include:
Even with established policies and protocols, the Government of Alberta continues to look for ways to improve communication.
Alberta Energy and Minerals:
Thank you for sharing the information on Resolution 2-25F: Quasi-Judicial Decisions and Inter-agency Communication, which was endorsed by your members at the Fall 2025 Rural Municipalities of Alberta (RMA) resolution session. As this resolution focuses on inter-agency communication related to matters under the purview of the Natural Resources Conservation Board and the Alberta Utilities Commission, I encourage you to work with my colleagues responsible for these governing bodies on this resolution.
Alberta Transportation and Economic Corridors
A coordinated response to Resolution 2-25F will be provided separately by my colleague, the Honourable Nathan Neudorf, Minister of Affordability and Utilities, as he is leading this matter.
Alberta Environment and Protected Areas
As related to the Natural Resources Conservation Board (NRCB) and notification of its approvals to responsible government ministries, the NRCB provides EPA with two notices for every confined feeding operation application under the Agricultural Operation Practices Act:
The NRCB provides notifications to the designated EPA representative responsible for water licensing decisions in the respective region for EPA’s awareness.
With respect to NRCB notifications to Transportation and Economic Corridors (TEC) on approved confined feeding operation applications and decisions, the NRCB notifies TEC, when an application for a confined feeding operation is proposed within 300 metres of a provincial highway or 800 metres of a provincial highway and public road intersection. The NRCB also provides TEC with a copy of its decision, when issued.
Alberta Affordability and Utilities
Thank you for the Rural Municipalities of Alberta’s (RMA) December 5, 2025, letter sharing Resolution 2-25F, Quasi-Judicial Decisions and Inter-agency Communication. I have consulted with my colleagues in government and with the Alberta Utilities Commission (AUC) and am pleased to respond for the considerations related to the work of Affordability and Utilities.
As Minister of Affordability and Utilities, my responsibilities include managing policy for the development of the province’s utilities sector and overseeing a reliable and affordable electricity system for Albertans. The Minister of Affordability and Utilities also oversees the AUC, which is one of the quasi-judicial agencies referenced in RMA’s resolution.
With respect to timing considerations for generation and related transmission connection applications, the AUC generally assesses generation applications separate from transmission facility applications. This approach is due to multiple factors, including the nature of the AUC and the Alberta Electric System Operator’s respective statutory obligations. The AUC mitigates potential gaps in this approach by asking applicants for conceptual transmission layouts when the generation application is made.
All proposed transmission facilities, regardless of the timing of their AUC approval, must comply with all other applicable legislation and regulation, including those under Alberta Transportation and Alberta Environment and Protected Areas.
Additionally, Resolution 2-25F raised an issue regarding AUC impacts on Indigenous traditional land use and consultation obligations. The AUC is responsible for fulfilling consultation obligations when one of its decisions triggers a potential infringement of a Section 35 right under the Constitution, as AUC is the final decision-maker on that matter. The AUC has multiple processes in place to ensure that potentially affected Indigenous groups are notified of projects that may affect their rights and that they are given the opportunity to participate in those proceedings.
I have shared this resolution with my department and with the AUC so it can be further assessed. I understand my government colleagues may correspond directly with RMA further about these issues. Should you wish to discuss further please contact my office to schedule a phone conversation.
Development:
Resolution 2-25F calls for improved communication and notification procedures between the various government ministries and quasi-judicial agencies through the establishment of a formalized inter-agency communication and notification approach.
The response from Alberta Agriculture and Irrigation lists some of the NRCB’s standard procedures, including communication with ministries like Environment & Protected Areas (EPA) and Transportation and Economic Corridors (TEC). The response confirms that improvements in communication are in development yet does not provide details or commitments on how this may be achieved.
While informative of EPA’s process, their response does not acknowledge or address the notification issues between EPA and the NRCB highlighted in the resolution. The response from EPA also provides some information about the notification and approval process between TEC and the NRCB, yet this response is not relevant to the example highlighted in the resolution that pertains specifically to restricted weight bridges.
The responses from Alberta Energy & Minerals and TEC defer to the Ministry of Affordability and Utilities (AU). The response from AU confirms that the AUC evaluates generation projects separately from transmission facility applications and suggests no improvements to this approach. The response also does not provide details on or commitments to improve communication procedures between the AUC and Alberta Indigenous Relations.
While these responses provide some contextual information regarding the notification and approval procedures between the various agencies and ministries in Alberta, they do not commit to investigating the examples of communication and notification issues highlighted in Resolution 2-25F. RMA hopes to see a more collaborative and coordinated effort by the relevant ministries and agencies towards investigating and addressing these issues. This resolution is assigned a status of Intent Not Met and RMA will continue to advocate for the necessary inter-agency commitments that will help establish a formalized inter-agency communication and notification approach.
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