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Bill 2, the Responsible Energy Development Act Simplified!

 

In 1931 the federal government transferred ownership of the mineral rights they owned to the province of Alberta. In 1938 the Social Credit government legislated the "Energy Resources Conservation Act" which granted to themselves and their leasees the "right of entry" on private property, to extract and transport their minerals.
In this same act they legislated section 26, that stated the mineral owner MUST have an agreement with the surface owner before a license would be issued for the project. No agreement....no license!
They set up a process including a notice, a hearing and a judgement (that Magna Carta thing?).......before they could arbitrarily force the landowner to accept a "right of entry order".
Bill 2, the Responsible Energy Development Act, under section 11 of the bill repealed the Energy Resources Conservation Act......in other words it is no longer a law.
Instead Bill 2, gives the newly created regulator the right to grant a license for a project and only after that license has been granted will the surface land owner be given a notice! The agreement has already occured......not between the landowner and the company......but between the leasee(oil company) and the government!
The surface landowner can appeal to the regulator.....the same regulator who has already granted the license! (good luck with that).
In the words of newly appointed Queens Bench Justice Russel Brown (associate dean of the faculty of law U of A):
"Bill 2, the Responsible Energy Development Act, effectively abolishes all of the property rights of the surface owner, when it comes to oil and gas projects"!

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