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WHEREAS in 2013, the Government of Alberta passed legislation called the Scrap Metal Dealers and Recyclers Identification Act; and
WHEREAS scrap metal means new or used items substantially made of aluminum, brass, bronze, copper, stainless steel, steel, tin or other metal prescribed by the regulations; and
WHEREAS the Scrap Metal Dealers and Recyclers Identification Act requires scrap metal dealers or recyclers purchasing or receiving scrap metal to record the information of the transaction and proof of identity of the person selling the scrap metal; and
WHEREAS within 24 hours of purchasing or receiving scrap metal of a weight that is greater than a weight prescribed in the regulations, a scrap metal dealer or recycler shall provide the prescribed information collected under this section to a law enforcement agency; and
WHEREAS the Government of Alberta has not proclaimed the legislation and published the regulation for the Scrap Metal Dealers and Recyclers Identification Act;
THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta advocate to the Government of Alberta to proclaim the Scrap Metal Dealers and Recyclers Identification Act and create the regulation to assist with the deterrence of copper theft and other scrap metal.
Theft of copper has increased over the years and is extremely costly to the electricity sector as well as construction, telecommunication and industrial companies. Copper is an expensive material to replace, and costs to repair damaged infrastructure can be even more significant to these sectors. Copper theft not only puts the lives of the thieves at risk, but also the safety of emergency first responders, utility workers and local residents.
A number of other provinces have passed similar legislation which has resulted in the decrease of theft in copper and other scrap metal material.
RMA has no active resolutions directly related to this issue.
Alberta Justice and Solicitor General
Alberta has a limited legislative framework to address scrap metal theft. Owners and law enforcement must rely on municipal bylaws and the Criminal Code, which have not effectively deterred scrap metal theft.
To solve scrap metal theft, a private member’s bill (Bill 201) was introduced on May 30, 2012 regulating the sale, purchase, and disposal of scrap metal. It passed third reading and the Scrap Metal Dealers and Recyclers Identification Act received royal assent April 29, 2013. Because it was a private member’s bill, there was limited opportunity for Government of Alberta ministries to research scrap metal theft or review the experience of other jurisdictions in the development of a fulsome legislative response.
Consultations were held on the Scrap Metal Dealers and Recyclers Identification Act (the Act) in 2014-2015 with a view to developing a regulation. Alberta Justice and Solicitor General (JSG) and stakeholders had significant concerns about the Act, which included:
Based on stakeholder feedback and the ministry’s concerns, the Act was never proclaimed.
JSG recognizes that scrap metal theft represents a significant challenge for municipalities, law enforcement, construction companies, scrap metal recyclers, and power and telecommunications companies. In particular, scrap metal theft is a safety risk when it interferes with critical infrastructure. First responders, the public, work crews, and employees repairing damaged infrastructure are placed at risk. Moreover, scrap metal theft can result in catastrophic loss of life, serious injury, interference with public infrastructure and services, and economic losses. Companies and contractors are financially impacted by scrap metal theft due to delayed project completion, replacement costs, repair costs, and insurance deductibles.
The JSG Public Security Division recently has been working with a stakeholder group on the issue. The group consists of security professionals from electrical and telecommunications industries, metal recyclers, and law enforcement agencies from across Alberta. It meets regularly to discuss industry strategies to reduce scrap metal theft. The group reports ongoing and serious critical infrastructure concerns as a result of scrap metal theft, and notes its members face numerous challenges preventing scrap metal theft.
Recently, JSG met with Service Alberta (SA) to discuss scrap metal theft. Working with SA is the most appropriate means to develop a strategy to deal with this issue, since it has implications in a wide range of areas (e.g., justice and law enforcement, insurance, municipal affairs, environmental protection, the regulation of industry, and consumer protection). The two ministries agreed to establish a working group to review the issue and develop a strategy for scrap metal theft prevention and critical infrastructure protection by the summer of 2019. The strategy may include legislation.
The initial Government of Alberta response indicated that action was being taken on scrap metal theft in the form of a cross-ministry working group that would review the Scrap Metal Dealers and Recyclers Identification Act as well as other potential options for addressing copper theft.
On November 5, 2019, Alberta’s Lieutenant Governor proclaimed the Scrap Metal Dealers and Recyclers Identification Act into force. The Act includes an immediate requirement for scrap metal dealers and recyclers to report suspected stolen property to authorities.
In July 2020, the Government of Alberta passed Bill 25: Protecting Alberta Industry from Theft Act, 2020, which made further enhancements to the Scrap Metal Dealers and Recyclers Information Act and introduced the Scrap Metal Dealers and Recyclers Regulation. The Regulation builds on the requirements of the Act by requiring scrap metal dealers to collect personal information from all sellers, to require proof that sellers are over the age of 18, and to require the use of traceable currency. The Regulation also empowers law enforcement officers to require scrap metal dealers to hold scrap metal that is suspected of being stolen property for 30 days.
Based on the coming into force of the Scrap Metal Dealers and Recyclers Identification Act and associated Regulation, RMA assigns this resolution a status of Accepted.