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Bill 36

Bill 36 contained the Alberta Land Stewardship Act, and was passed into law in 2009. This Bill is the main focus of many Albertans seeking to protect property rights - for many, this is enemy number one.

Bill 36 divides the province of Alberta into seven regions and allows Cabinet to determine the land-use policies. These are sweeping powers that include the abilities to decide what types of activities are prohibited and permitted on both Crown and private property.

This concentration of authority in the hands of the Cabinet is unfortunate for taxpayers and property owners alike. Before Bill 36, these questions of a highly local character had been decided by municipal and regional bodies. This was based on the principle that those affected by a proposed policy will make better decisions using local knowledge. Furthermore, when decisions were made locally there was much greater accountability and accessibility to decision-makers. Now decisions are made by Cabinet, hundreds of miles away from the affected regions.

Under the new framework the interests of property owners are pushed aside - it is Cabinet's economic and social objectives that are now front and centre.

What is more, not only can Bill 36 trump local authority, Bill 36 grants Cabinet the authority to extinguish existing permits, licenses, approvals and dispositions. Sometimes these approvals, licenses and permits are vital to a private business - and they can carry significant value.

Thanks to Bill 36, however, the province can 'extinguish' these privileges - all without fair and equitable compensation.


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