Paying for Conservation
Paying for Conservation
Municipal powers to generate revenue for conservation
The Issue / Idea
Municipal governments are responsible for a wide variety of conservation and environmental outcomes. From park lands to environmental reserves, from weeds to biodiversity, municipalities have a myriad of environmental obligations that cost money. This project asks the questions: what powers do municipalities currently have to generate revenue for local conservation costs? What additional options should (could?) municipalities have to do so?
The Project
This project sets out the provisions of the Municipal Government Act that allow municipalities to generate revenue, from property taxes to special taxes to opportunities to raise revenues using land the municipality already owns. The scope and application of these revenue generation options are outlined. This project also considers examples of legislative approaches in British Columbia and Ontario and whether they could have any application in Alberta.
Paying for conservation: Municipal powers to generate revenue for conservation
Organization
This project was undertaken by
The Environmental Law Centre
Status
Completed in
May 2021
Supporters
Max Bell Foundation
Anonymous Foundation
Municipal Planning and Environmental Autonomy
Municipal Planning and Environmental Autonomy
An update on provincial paramountcy and its implications for progressive environmental planning and decision making
The Issue / Idea
The Municipal Government Act (MGA) enables municipal powers over land use planning which has direct implications for the environment. At the same time the MGA limits the ability of municipalities to meet their planning objectives by curtailing municipal powers with respect to the environment where provincial authorizations are also at play. To what extent can provincial authorizations undermine municipal decision-making on the environment?
The Project
This project highlights select legislative changes to the MGA and discusses how they may undermine municipal autonomy over environmental outcomes. Some of these legislative changes occurred as recently as 2020 while others date back to the early 1990s. This report describes these changes and the resulting implications for municipal planning and decision-making. The question that underpins the report is whether we have gone too far in limiting municipal powers to set a planning agenda that acts to protect the environment.
Municipal Planning and Environmental Autonomy: An update on provincial paramountcy and its implications for progressive environmental planning and decision making
Organization
This project was undertaken by
The Environmental Law Centre
Status
Completed in
May 2021
Supporters
Max Bell Foundation
Anonymous Foundation
Environmental Reserves and Environmental Reserve Easements
Environmental Reserves and Environmental Reserve Easements
A discussion of regulatory context and application
The Issue / Idea
Environmental Reserves and Environmental Reserve Easements are regulatory tools used during subdivision for various environmental and safety purposes. How the legislation is framed and interpreted by municipalities will direct how ER and ERE are used.
The Project
Alberta’s Municipal Government Act sets out a variety of powers for municipalities to safely and sustainably plan and develop land. Among these is the power to reserve lands. This report takes an in-depth look at one such reserve, the Environmental Reserve (ER), along with its counterpart the Environmental Reserve Easement (ERE).
An ER is land that is transferred from the landowner to the municipality in the subdivision process, for one or more applicable reasons. An ERE is another form of ER that gives an interest in the land to the municipality while permitting ownership to stay with the landowner. Both ER and ERE are important planning tools that can help municipalities “foster the well-being of the environment” by preserving natural features of land and preventing water pollution, as well as permit public access to water bodies and prevent development in unsafe or unstable areas. This report aims to promote the effective use of ER and ERE by explaining when they apply, how they are implemented and how they are enforced.
Report: Municipal Management of Industrial Development
Organization
This project was undertaken by
The Environmental Law Centre
Status
Completed in
April 2021
Supporters
Max Bell Foundation
Anonymous Foundation
Transfer of Development Credits
Transfer of Development Credits
A tool to help communities deal with rapid conversion of their valued landscapes, while simultaneously promoting appropriate landscape development
The Issue / Idea
How can municipalities deal with the rapid conversion of their valued landscapes, while simultaneously promoting appropriate landscape development?
The Project
The Transfer of Development Credits (TDC) tool is designed to help communities deal with the rapid conversion of their valued landscapes, while simultaneously promoting appropriate landscape development. The tool allows for the transfer of development potential from areas less suited to development (based on a community desire to see its character and function maintained), to areas more suited to increased development (based on their capacity to accept greater development activity).
The TDC website was developed as a resource for Alberta communities, to assist them in better understanding what a TDC program is, and how it can be used to conserve valued landscapes.
A Practical Guide to Transfer of Development Credits (TDCs) in Alberta
Organization
This project was undertaken by
Miistakis Institute
Status
Completed in
2013
Supporters
Alberta Real Estate Foundation
Anonymous Donor
Managing Recreation on Public Land: How Does Alberta Compare?
Managing Recreation on Public Land: How Does Alberta Compare?
This review by the Environmental Law Centre (ELC) compares the legal framework for recreation management in Alberta to other Canadian provinces and US jurisdictions
The Issue / Idea
How does Alberta regulate recreational impacts on the landscape? How does it compare to other jurisdictions? What challenges does it face in regulating recreational impacts on land and how might we go about it in the future?
The Project
Recreational use of public land in Alberta is creating significant management challenges as the demands for recreational opportunities and the impacts of recreational activity are increasing together. These challenges are shared by many western jurisdictions and have intensified in recent decades due to increases in motorized recreation. This review by the Environmental Law Centre (ELC) compares the legal framework for recreation management in Alberta to other Canadian provinces and US jurisdictions. These comparisons include the provinces of Ontario, British Columbia and Nova Scotia, the US Bureau of Land Management, the US Forest Service, and the States of Colorado, Utah and Oregon. The original report is expanded to consider Quebec and New Brunswick in the Addendum published in 2016.
The comparisons focus on three legal barriers to on-the-ground management actions in Alberta that were identified in advance of the research. These are:
-
- mandates to manage recreation on public lands;
- funding for recreation management programs; and,
- liability for injuries on recreation trails.
The review also explores two questions relevant to recreation policy development in Alberta:
-
- how motorized recreation is typically managed as compared to non-motorized recreation; and,
- how options for improving recreation management under existing legislation compare to the option of legislative reform.
Managing Recreation on Public Land: How Does Alberta Compare?
Managing Recreation on Public Land: How Does Alberta Compare? Addendum
Organization
This project was undertaken by
The Environmental Law Centre
Status
Completed in
2016
Supporters
Alberta Law Foundation
The Calgary Foundation
Glen and Lois Mumey
Good Riddance: Waste Management Law in Alberta
Good Riddance: Waste Management Law in Alberta
A primer on the waste management system in Alberta
The Issue / Idea
Waste management poses a challenge across jurisdictions. What is the regulatory framework around waste management in Alberta?
The Project
Garbage is often considered to be the stuff we no longer need or want. We put it out of sight. We bury it, we burn it, we dump it, we hide it. Garbage is a nuisance and a bother. Unfortunately, the truth is that garbage can be much worse than a nuisance. A general term for garbage, and the term that will be used throughout this report, is “waste”. Waste is defined by what we do with it and how we choose to handle it and the definition can be contentious – as you will read in a later section. If we have no use for certain materials other than to dispose of them, then these materials are often considered to be waste, with the rules for their safe disposal set out in our laws and regulations. Waste can also be defined by type, or where it comes from. For example, separate laws in Alberta deal with biomedical waste or agricultural waste. There is also a differentiation between waste and recycling. This report is designed to provide an overview of the law that applies to waste management in Alberta, including a summary of the governing statutes and regulations.
This report is a primer on the waste management system in Alberta and as such some areas are not dealt with in the repot including sewage treatment; air and water emissions; intensive livestock operations; contaminated sites; and specific municipal waste bylaws.
Good Riddance: Waste Management Law in Alberta, 3rd Edition
Organization
This project was undertaken by
The Environmental Law Centre
Status
Completed in
2020
Supporters
Alberta Law Foundation
Agricultural Lands Law and Policy in Alberta
Agricultural Lands Law and Policy in Alberta
Highlighting and describing the legislative context for agricultural land uses in the province
The Issue / Idea
Agricultural lands and agricultural uses can provide a large suite of social, economic, and environmental benefits. What are laws and regulations that impact agricultural lands?
The Project
Agricultural lands support numerous social, economic and environmental benefits. In addition to making up an invaluable aspect of Alberta’s heritage and culture, social benefits of agricultural lands include food security and valued viewscapes. This project is set out in two phases. Phase 1 (2019) provides a review of the relevant statute and regulation relevant to agricultural lands and their operations. Phase 2 (forthcoming in 2021) outlines approaches (and recommendations) to move toward better conservation of high valued agricultural lands.
This report highlights and describes the legislative context for agricultural land uses in the province.
Agricultural Lands Law and Policy in Alberta
Organization
This project was undertaken by
The Environmental Law Centre
Status
Phase 1 Completed in
2019
Phase 2 is
on-going
Supporters
Alberta Real Estate Foundation
Municipal Powers, Land Use Planning, and the Environment: Understanding the Public’s Role
Municipal Powers, Land Use Planning, and the Environment: Understanding the Public’s Role
Exploring the nature of citizens’ rights to participate in municipal decisions related to the environment
The Issue / Idea
What is the nature of citizens’ rights to participate in municipal decisions related to the environment?
The Project
Municipalities exercise a broad range of powers that have significant direct and indirect impacts on the environment. Alberta’s cities, towns, and rural municipalities are already key players in waste management, water and wastewater treatment, and land use planning and development. They have the authority to assume a greater role in the regulation and management of natural areas including wetlands, air and water quality, toxic substances, redevelopment of contaminated lands, water conservation, wildlife, and other aspects of the environment within the municipality.
This Guide outlines the legal rights of citizens to participate in decision making on issues related to the environment. The Guide also provides approaches citizens can take in participating in municipal decisions.
It is important to note that there have been some amendments to the Municipal Government Act since this guide was published in 2005. These amendments may have implications for certain aspects of public participation. See the ELC website for further updates on the Municipal Government Act changes.
Municipal Powers, Land Use Planning, and the Environment: Understanding the Public’s Role
Organization
This project was undertaken by
The Environmental Law Centre
Status
Completed in
2005
Supporters
Alberta Law Foundation
Renewable Energy for Rural Municipalities
Renewable Energy for Rural Municipalities
A project to help municipalities municipalities understand their environmental, social, economic concerns and opportunities, and what support tools they may need to process applications for large scale (over 1MW) solar and wind development in their municipality
The Issue / Idea
What tools do municipalities need to balance development considerations with high value agricultural, ecological, and cultural lands?
The Project
“By 2030, renewable sources like wind and solar will account for up to 30 per cent of electricity generation,” says Alberta’s Climate Leadership Plan.
To achieve this goal, large scale wind and solar developments are being proposed and are likely to have direct impacts in rural jurisdictions that have the land base to support them. In discussions with several municipal staff, it has become apparent they are uncertain how renewable electricity regulations and development will affect them. What is their role in the regulatory and approvals process? How do they balance competing interests between agriculture, ecology and renewable development? What do they need to know to make informed decisions?
Miistakis is working with municipalities to understand their environmental, social, economic concerns and opportunities, and what support tools they may need to process applications for large scale (over 1MW) solar and wind development in their municipality. Miistakis will then collaborate with stakeholders to develop the support tools required to inform decision making at the local level.
Renewable Energy Development: Ecological Fact Sheet for Municipalities
Renewable Energy Development: Regulatory Resources for Municipalities
Rural Municipal Wind and Solar Decision Support Tools: Regulatory Context Background Paper
Survey Report: Large Scale Wind & Solar Decision Support Tools for Rural Municipalities Project
Rural Municipalities and Renewable Energy Development: Education Session (January 23, 2018, Brooks, AB)
Rural Decision Support Tools for Renewable Energy Development: Progress Update (Miistakis Institute)
Organization
This project was undertaken by
Miistakis Institute
Status
Completed in
2018
Supporters
Alberta Association of Municipal Districts and Counties
Wheatland County
Municipal Environmental Purpose
Municipal Environmental Purpose
A white paper to catalyze discussion on the new municipal purpose ‘to foster the well-being of the environment’, introduced in Alberta’s revised Municipal Government Act of 2017
The Issue / Idea
How do municipalities consider the revised Municipal Government Act’s (2017) added a new purpose for municipalities: to foster the well-being of the environment?
The Project
The well-being of Alberta’s natural environment is heavily dependent on decisions made at the municipal level. The overhaul of the Municipal Government Act (MGA) recognized this with a new purpose for municipalities: “ to foster the well-being of the environment.” However, there was no accompanying policy direction as had been the case with other revised elements of the Act.
Since that time, several municipalities have begun trying to interpret this new purpose in varied ways, risking the creation of isolated and inconsistent approaches. This paper is intended to be an initial step to better understanding the implications of this significant change in the MGA.
While the literature offers little insight into the concept of “well-being of the environment”, there was clearly an intent behind this phrasing, so it is therefore worthwhile understanding the three critical elements – foster, well-being, and environment – informed by definitions, common usage, and associated legislation.
It is significant that the inclusion of ‘well-being of the environment’ in the Municipal Government Act was codified as a municipal purpose inserted immediately after the “good government” purpose, suggesting it should be interpreted more pervasively than the specific ‘service, facility, safety, and viability’ purposes.
Even with definitional clarity, municipalities are still challenged with understanding how decision-making processes would be affected. The authors suggest a common set of process characteristics be clearly reflected in municipal policy or decision rationale: Due Consideration, ‘Two Roads’ Assessment, Proactive Approach, Measured and Evaluated, and Liability Mitigation. Undertaking this approach would have the benefits of reinforcing current efforts, supporting regulatory alignment, enabling innovation, and increasing clarity and accountability.
Recognizing it would not be possible to comprehensively describe all discrete decision making circumstances, but that greater direction is needed, the authors suggest ‘categories’ based on the wellbeing of the environment powers in the Big City Charters.
Implementation of the well-being of the environment purpose will need to be embedded in municipal governance and regulatory frameworks, including bylaws, plans, policies, strategies, and measurements, with tool choice dependent on the specific environmental application or media.
More work is now needed to clarify the environmental decision-making areas affected (or created) by this new purpose, and to offer pragmatic direction for municipalities with regard to implementation. That work prerequires a broader conversation amongst municipalities to come to some consensus, and high level policy direction from Municipal Affairs.
BRIEF: ‘TO FOSTER THE WELL-BEING OF
THE ENVIRONMENT’:
INTERPRETING ALBERTA
MUNICIPALITIES’ NEW PURPOSE
‘TO FOSTER THE WELL-BEING OF
THE ENVIRONMENT’:
INTERPRETING ALBERTA
MUNICIPALITIES’ NEW PURPOSE
Organization
These assessments were undertaken by
The Miistakis Institute
The Environmental Law Centre
Status
Completed in
2019
Supporters
The Miistakis Institute