Casual Legal: New rules for renewable energy
DISCLAIMER: This article is meant to provide information to Alberta Municipalities members only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. This content is not intended for the general public.
By Shauna Finlay
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
Alberta has now published regulations that will clarify the requirements for proponents of renewable energy projects in Alberta.
The Electric Energy Land Use and Visual Assessment Regulation is the result of Alberta’s “agriculture first” policy approach and puts into effect many of the changes it announced earlier. Specifically, renewable energy developments will no longer be permitted on Class 1 and 2 lands unless the proponent can demonstrate that crops and/or livestock can coexist with the renewable generation project. Further, in municipalities named in the regulation, Class 3 lands will be treated as Class 1 and 2.
Another change relates to reclamation security. Recent amendments to the Activities Designation Regulation and Conservation and Reclamation Regulation include mandatory reclamation security requirements that will need to be satisfied with security or a bond, with the party holding the security subject to review by the Alberta Utilities Commission (AUC) unless it is held by the province.
Viewscapes, which refers to areas in which unobstructed natural landscapes exist, are also addressed. The new regulation identifies buffer zones and visual impact assessment zones in which new wind power generation projects cannot be located. Other types of projects will have their impacts on viewscapes assessed by the AUC.
Municipalities are now also granted standing before the AUC with the ability to seek cost recovery for their use of experts and their participation.
These changes will put municipalities in a better position to evaluate and advocate in AUC proceedings dealing with renewable energy projects.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or riskcontrol [at] abmunis.ca (email) to connect with Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
