Bill 31: Environmental Protection Statutes Amendment Act

Bill 31 Amendment Brings Clarity

On July 23, 2020, I was proud to stand in the House as Alberta’s Lieutenant Governor bestowed Royal Assent to Bill 31: the Environmental Protection Statutes Amendment Act. With this Bill now in place, our Government is providing certainty for job creators by clarifying how minerals and pits are defined in Provincial law. By amending the definition of minerals and pits in the Environmental Protection and Enhancement Act, and removing specific references to silica sand in the Public Lands Act, we will remove confusion for sand and gravel operators by clarifying the appropriate environmental review(s) necessary for proper environmental regulation.

Furthermore, these amendments will ensure sand and gravel operators can continue using the effective and environmentally sound regulatory system Environment and Parks has relied on for more than 15 years.

Fixing Past Mistakes

This Bill was brought forward in response to an unfortunate decision made by the Alberta Court of Appeals that defined sand as a mineral under the Environmental Protection and Enhancement Act, and therefore, sand operations must be regulated as a quarry instead of a pit. While the terms quarry and pit seem similar on the surface as both activities remove materials from the ground, they are, in fact, regulated differently due to their different levels of risk and environmental impact.

This court decision would have affected how sand and gravel operators must now apply to Environment and Parks to develop a sand operation, and how municipalities are involved in the application, review, and planning process for any kind of sand operation. This ruling of sand as a mineral increases the regulatory burden with no increase or improvement to environmental protections, or regulatory effectiveness.

Our government knew there was a lack of definitional clarity within current Legislation, as was identified by Alberta’s Court of Appeal. We knew the approach resulting from this Court ruling was not consistent with how our government successfully and efficiently regulated sand operators for more than 15 years.

That is why this Legislation was tabled, to eliminate the ambiguity within the Legislation, and provide sand operators a regulatory system that is consistent—which Alberta has provided for over 15 years. Environment and Parks has always had a robust regulatory system to review and approve aggregate projects. This Bill is unequivocal as it simply returns the prior regulatory system that was working so well for Albertans in the sand and gravel industry.

Enable Job Creation

I commend the Minister of Environment and Parks (Jason Nixon) for bringing forward this Legislation, and for allowing me to express my support for the Bill often as it worked through each reading in the House.

This Bill is important to many Albertans, and to many of my Constituents who rely on the sand and gravel industry here in Lac Ste. Anne-Parkland.

For further questions and updates please feel free to connect your MLA Mr. Shane Getson by calling:: 780.967.0760 (click2call) or email:  LacSteAnne.Parkland@assembly.ab.ca

MLA Shane Getson (UCP)

Lac Ste. Anne-Parkland Constituency, Alberta

For more information follow these links:

Edmonton Journal – UCP to redefine ‘minerals’ to simplify environmental requirements for sand, gravel industry