Alberta’s Land-use Framework (LUF), released in December 2008, established seven land-use regions and called for the development of a regional plan for each. The Alberta Land Stewardship Act (the “Act”) supports the LUF and establishes the legal basis for the development of regional plans.
The South Saskatchewan Regional Plan (the “Plan”) is one such plan and was released today by the Alberta Government. To review the Plan, just click here.
While the Plan establishes a long term vision for the South Saskatchewan region and places various commitments and requirements on those who make land-use decisions in Alberta, it is largely toothless when it comes to enforcement by the public. The Act provides that a regional plan, while binding the Crown, local government bodies and decision-makers, does not
– create or provide any person with a cause of action or a right or ability to bring an application or proceeding in or before any court or in or before a decision‑maker,
– create any claim exercisable by any person, or
– confer jurisdiction on any court or decision‑maker to grant relief in respect of any claim.
A person may, however, make a written complaint to the secretariat that a regional plan is not being complied with. If, following the investigation of the secretariat, the stewardship commissioner is satisfied that there has been non-compliance with a regional plan, the stewardship commissioner may apply to the Court of Queen’s Bench for an order, inter alia:
– to stop something being done, to require something to be done or to change the way in which something is being done;
– to manage the conduct of a person who is non‑compliant;
– declaring that any regulatory instrument of a local government body does or does not comply with a regional plan and, if necessary, ordering compliance;
– to take any action or measure necessary to remedy or rectify non‑compliance with a regional plan and, if necessary, an order to prevent a reoccurrence of the contravention;
– to amend or repeal a regulatory instrument of a local government body that does not comply with a regional plan.
As for the Plan, itself, criticism is already being directed at it in terms of its failure to fully protect the Castle Special Place and the headwaters of the Oldman River. Criticism is also aimed at the Plan’s failure to stand up to industry and motorized recreation groups, although, in turn, those recreation groups are also complaining that the Plan would make some off-roading trails off limits.
As expected, few appear to be happy with the final plan. So far, industry has been silent.