Alberta Record

· Bill / New Regulatory Framework · enacted

Bill 35 — All-season Resorts Act

Establishes a new regulatory framework for all-season resort development, centralizing approval authority under a single Minister and limiting judicial review of decisions.

High impactCentralization of powerLocal autonomyInstitutional independenceThe public, directlyIndependent watchdogsLegislature
Updated

The Lieutenant Governor in Council is ordered to issue a Proclamation.

What changed

  • Creates a new 'all-season resort' regulatory framework, allowing the Lieutenant Governor in Council to designate any public land as an all-season resort area, overriding other enactments (s. 6).
  • Centralizes powers, duties, and functions related to resort development from the Environmental Protection and Enhancement Act, Public Lands Act, and Water Act under a single 'all-season resort Minister' and their designated officials (s. 5).
  • Allows existing land use plans, policies, or programs to be superseded for designated all-season resort areas, unless a director determines otherwise by regulation (s. 8).
  • Consolidates appeals related to all-season resort developments, directing them to a joint panel of the Environmental Appeals Board and Public Lands Appeal Board, with decisions made under the Public Lands Act rules (ss. 12-13).
  • Excludes judicial review for most decisions made under this Act or specified enactments related to all-season resorts, subject to limited appeals to the Court of Appeal on questions of jurisdiction or law (s. 15).

Why it matters

  • Consolidates significant environmental and land-use decision-making authority for resort projects under a single ministerial portfolio, potentially reducing inter-departmental checks and balances.
  • Streamlines the approval process for all-season resorts by superseding existing land use plans and centralizing regulatory oversight, which could expedite development but reduce local and environmental input.
  • Limits the ability of citizens and groups to challenge decisions related to resort development through the courts, potentially reducing accountability and transparency.
  • Alters the independence of appeal bodies by consolidating their functions and specifying the Public Lands Appeal Board's rules for consolidated appeals, potentially influencing outcomes.
  • Enables the designation of public lands for resort development, including areas that were previously protected, by allowing the Lieutenant Governor in Council to override other enactments.

Rights affected

  • Due process — Fair procedure before rights are restricted by the state.

Other governance concerns

  • Reduced public oversight
  • Limited judicial review
  • Ministerial discretion over land use
  • Changes to environmental assessment processes
  • Impact on land use planning

Primary sources (2)

Secondary sources (4)