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
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