On May 8, 2013, Alberta's Aboriginal Relations Minister
introduced Bill 22, the Aboriginal Consultation Levy Act,
into the Legislature in an effort to provide Aboriginal groups in
Alberta with the capacity and funding necessary to meaningfully
engage in the consultation process. Bill 22 was developed in
relation to the draft version of "The Government of
Alberta's Policy on Consultation with First Nations on Land and
Natural Resource Management, 2013," which the government of
Alberta released last month (for details, see Osler's
Update). If adopted, Bill 22 will require proponents of
provincially regulated activities to pay a consultation levy into a
fund that will be disbursed to Aboriginal groups in Alberta.
Noteworthy aspects of Bill 22 include the following:
Bill 22 will apply to First Nation bands that have reserve land
in Alberta, but the bill may also apply to Métis groups if
they are designated by the responsible minister.
The amount of the consultation levy will be determined by
regulations that are yet to come.
Proponents may be required to submit copies of agreements
(including impact benefit agreements) to the responsible minister
in order to provide the province with guidance on amount of funds
that will be granted to eligible Aboriginal groups.
Decisions made by the responsible minister under Bill 22 will
not be appealable or reviewable.
Bill 22 will apply only to approvals issued under the
Environmental Protection and Enhancement Act, the
Forests Act, the Historical Resources Act, part 8
of the Mines and Minerals Act, the Public Lands
Act, the Water Act, and all applicable regulations;
however, there is no reference to approvals issued under
enactments by the Energy Resource Conservation Board or the Alberta
Utilities Commission (e.g., the Energy Resources Conservation
Act, the Oil Sands Conservation Act, the Oil and
Gas Conservation Act, the Pipeline Act, the
Alberta Utilities Commission Act, the Electric
Utilities Act, the Gas Utilities Act, the Hydro
and Electric Energy Act).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).