MLA looks to beef up property rights protections

A local MLA is working to overturn parts of provincial land-use legislation he argues infringes on basic property rights.

Livingstone-Macleod MLA Pat Stier introduced private members legislation Bill-210 – The Protection of Property Rights Statutes Amendment Act – in December aiming to overturn sections of the Alberta Land Stewardship Act (ALSA) and the Responsible Energy Act.

He is targeting sections of ALSA he says infringe on the right for recourse through the courts, the right for fair and timely compensation and the right for fair hearings to mitigate harm.

“A person should be able to fight it or they should be able to seek compensation if that is ultimately what has to happen,” said Stier.

Bill-210 has received first reading and he said it will come forward for further debate in the legislature during the winter session.

The former Progressive Conservative government approved ALSA in 2009. It divided the Province into seven land-use regions and required the creation of a plan for each area, including Calgary and Edmonton.

ALSA came under heavy criticism before it was approved. Opponents say provisions within the law infringed on property rights, didn't allow for compensation, restricted municipal decision making and didn't let people challenge regional plans in court.

Stier said that bill allows the government to repeal statutory consents, such as water licenses, grazing leases, oil and gas leases, forest management agreements and gravel extraction permits.

If approved, Bill-210 will give anyone who has a statutory consent rescinded the right to go to court to recover any potential financial losses from the government.

Stier said ALSA puts too much power in the provincial government's hands. He said provisions in the legislation limits people's rights to make claims against the government and others limit the role and authority of the courts. Other sections limit municipalities and, he said, it goes so far as to trump other provincial acts.

Bill-210 also includes proposed changes to the Responsible Energy Development Act, approved in 2012.

Stier said the act limited landowners' rights for fair notice of and hearings for decisions by the Alberta Energy Regulator. Stier said Bill-210 would give landowners the right to proper notice and the right to a fair hearing to mitigate any potential harm.

Brent Wittmeier, press secretary for Alberta environment minister Shannon Phillips, said the government is reviewing Stier's bill.

He said the government is committed to strengthening landowner's rights for fair compensation and due process.

“We committed to revisiting property rights in the last election campaign,” said Wittmeier. “We reaffirmed that commitment when we voted for Motion 501, which urged the government to conduct a review of existing legislation related to surface rights. That motion was proposed by a government member and that review is underway.”

He also said MLAs from all parties on the Resource Stewardship Committee unanimously approved recommendations from the Alberta Property Rights Advocate, including creating a cross-departmental committee to study property rights.

Wittmeier said the NDP started reviewing property rights because of concerns over ALSA.

“It's no secret that many Albertans have concerns with the Alberta Land Stewardship Act, brought in by the previous government,” he said. “That's why our government is committed to revisiting property rights.”