Bill 19 Amendments

Summary of Draft Amendments to Bill 19
Land Assembly Project Area Act
The Alberta government is considering draft amendments that will create greater
certainty for landowners.
Emphasis on consultation provisions (Section 2)
Mandatory consultation is a fundamental provision of the Act. To better
emphasize the consultation provisions within the legislation, they will be set out in
a stand-alone section.
Time limit for government to approve a project area (Section 2)
Section 2 would be amended to place a two-year limit on government to
complete consultations and make a decision whether to approve the project area.
The amendment requires government to diligently pursue a project, and limits the
period of uncertainty for affected landowners while government decides whether
to approve a proposed project area.
Purchase of Land Provisions (Section 5)
The proposed amendment would require government to enter into negotiations to
purchase a landowner’s land in an approved project area, at the request of the
landowner.
Compensation will be based on market value. If the two parties are unable to
agree to a price, the landowner has the option to ask for an independent third
party to determine the price. Landowners will be able to appeal the decision.
Removal of Section 13
Section 13 has been misinterpreted to mean that Bill 19 overrides the
Expropriation Act, which is incorrect. To eliminate confusion, it has been
removed.
If an expropriation is required, all the rights and protections afforded to
landowners by the Expropriation Act will apply.
Alberta Infrastructure
March 19, 2009
LAND ASSEMBLY PROJECT AREA ACT
DRAFT AMENDMENTS
􀂙 Emphasis on consultation provisions
􀂙 Time limit for government to approve a project area
A Section 2 is amended
(a) in subsection (1) by striking out “If” and substituting “Subject to section 2.1, if
(b) by striking out subsections (3) and (4).
B The following is added after section 2:
Plans, consultation and other requirements
2.1(1) The Lieutenant Governor in Council may not designate an area of land as a Project Area with
respect to a public project unless the Minister
(a) has prepared a plan, in accordance with the regulations, of the proposed project,
(b) has made the plan of the proposed project available to the public in accordance with the
regulations,
(c) has provided the registered owners of land within the proposed Project Area with notice of the
proposed project in accordance with the regulations, and
(d) has consulted, in accordance with the regulations, with the registered owners of land within the
proposed Project Area.
(2) The Lieutenant Governor in Council may not designate an area of land as a project area, if more
than 2 years has elapsed since the plan of the proposed project was made available to the public under
subsection (1)(b).
(3) Where a project area order is amended to add land to a Project Area that does not exceed the
maximum amount of land determined under the regulations, subsection (1)(c) and (d) apply only to the
registered owners of the land being added and of any land adjacent to the land being added.
Alberta Infrastructure
March 19, 2009
􀂙Purchase of Land Provisions
C Section 5 is struck out and the following is substituted:
Request to purchase by registered owner
5(1) Subject to section 5.1, at any time, at the request of the registered owner of land within a Project
Area, the Crown shall enter into an agreement with the registered owner to purchase the land at market
value.
(2) Where under subsection (1) the registered owner agrees to sell the land and the Crown agrees to
purchase the land but there is no agreement as to the market value of the land, the registered owner may
apply to the Land Compensation Board or the Court of Queen’s Bench or in accordance with any other
process agreed on by the parties for a determination of the market value of the land as at the time the
registered owner made the request under subsection (1) or as at such other time as the parties agree on.
(3) If the registered owner requests that the Land Compensation Board make the determination as to
the market value of the land, for the purpose of making the determination, the Land Compensation
Board has jurisdiction with respect to the determination of market value under this Act and may
exercise the powers given to it pursuant to section 28 of the Expropriation Act.
(4) The registered owner referred to in subsection (2) or the Minister may, within 30 days after
receiving notice of the determination of the Land Compensation Board, appeal the determination to the
Court of Appeal and section 37 of the Expropriation Act applies to the appeal.
Requirement of land by the Crown
5.1 When the land within a Project Area is required by the Crown for or in connection with the public
project, the Crown may acquire the land by purchase or expropriation.
Funding for acquisition of land
5.2 Money required for the acquisition of land under this Act shall be paid out of money voted by the
Legislature for the purpose.
Administration of land
5.3 Land acquired under this section is under the administration of the Minister unless, before or after
the acquisition, the Lieutenant Governor in Council directs that it is under the administration of
some other Minister.
􀂙 Removal of Section 13
D Section 13 is struck out.