Land-Use Planning and Natural Resource Rights: The Alberta Land Stewardship Act

Abstract

Alberta’s new Land Stewardship Act is unique regional land-use planning legislation that affects both private and public land in the province. Significantly, the regional plans to be developed will adversely affect, amend and even rescind ‘statutory consents’ that authorise oil and gas and other natural resource development. The Act applies to major energy resource producing regions including the Eastern Slopes of the Rocky Mountains and the Athabasca oil sands area. Despite an amendment intended to clarify ambiguities concerning takings of property and rights to compensation, uncertainty and public concern remain. This article identifies and assesses these takings and compensation issues. It also looks ahead to potential regulatory issues that these regional plans may pose for resource developers, noting in particular problems concerning potential qualification or removal of water rights and environmental and natural resource development approvals. Again, it addresses issues of statutory interpretation and takings doctrine that may be of interest in other jurisdictions. In the longer run, though the Land Stewardship Act may produce some uncertainty for holders of natural resource interests overall, it may represent an improvement over earlier uncoordinated land-use policy and planning in the province.