Land development bill 'scary'
Critics warn new act would give province unprecedented power
BY DARCY HENTON, THE EDMONTON JOURNALMAY 27, 2009
Critics say a landmark bill aimed at creating more orderly development in the province gives the Conservative government unchecked power over land use issues.
They say Bill 36 -- the Alberta Land Stewardship Act -- gives the government unprecedented powers to extinguish land and mineral rights without compensation while specifically prohibiting court appeals.
"It's quite a scary bill," said Laurie Danielson, executive director of an Edmonton-area industrial group called the Northeast Capital Industrial Association.
"I have never seen a bill anywhere in the country that gives a government as much authority. This bill allows the government to decide whether you exist. It can wipe you out in a heartbeat."
Gavin Fitch, who specializes in energy and environment law, is alarmed the bill gives cabinet "complete and unfettered discretion" to plan development.
While the bill calls for creation of regional advisory committees to oversee development, there's no requirement for cabinet to establish the committees or to follow their advice, he said.
Fitch said prohibiting appeals to the court "is just wrong."
Sustainable Resource Development minister Ted Morton concedes the bill, which is being debated in the legislature today, gives cabinet "a lot of administrative discretion."
"There is no off-the shelf blueprint from any other jurisdiction that has done this before, so we need that kind of flexibility," he said. "We don't want environmental and land use policy getting run through litigation in the courts. We want political accountability -- not judge-made law."
Morton said appeals will be allowed, if they were already permitted under previous legislation.
The Environmental Law Centre has called the bill "a positive step," but said it requires critical amendments to deal with overly broad discretion and limited rights to appeal.
Centre director Cindy Chiasson said she is not optimistic the government will introduce an amendment to open the process up to judicial review, but that's what's missing.
Liberal critic Kent Hehr said the process has turned into a "power grab by cabinet."
Although the bill establishes a stewardship commissioner to investigate complaints and apply to the courts to review specific matters, critics say its unlikely a commissioner employed by the government will take the government to court.
"The original land-use framework document emphasized the values of accountability, shared responsibility and transparency, but those values seem to have gone missing from the final product," said NDP MLA Rachel Notley.
"If government wants Albertans to trust what they are doing, the minister needs to understand that changes of this magnitude require uncommon levels of respect for democratic accountability and transparency."
She called on Morton to make the commissioner "an officer of the legislature" or to send the bill to an all-party committee for review, but he rejected the suggestions.
Alberta Chamber of Resources president Tim Ryan said the association of industry giants he represents has expressed concerns to government and hopes it was listening.
"If, in the end, there's a decision we can't accept, I guess we'll see them at the election polls," he said.
Dave Yager, CEO of HSE Integrated Services, said the bill appears to be a further erosion of the rights to access resources that oil and gas companies buy from the Crown.
"Everybody I show it to in the industry just turns white," he said.
"For someone who depends on the oil industry, this is not a positive signal."
The Canadian Association of Petroleum Producers and the Alberta Forest Products Association expressed concerns about the bill, but hope to have input into the regulations that will drive the legislation.
The Alberta Urban Municipalities Association and Alberta Association of Municipal Districts and Counties also had issues with the bill, but seemed resigned to accept it.
Rancher Norm Ward said beef producers are concerned the bill could curtail their use of land to graze cattle if it's required for ecological or recreational uses.
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http://www.edmontonjournal.com/business/fp/Land+development+bill+scary/1634629/story.html
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), i'm just pointing out that in a lot of areas there is still plenty of "growth potential" here.
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