CALGARY
Bill 46 is the Alberta Government’s proposed legislation to shift the regulation of electrical transmission lines and other utilities from the Energy and Utilities Board (EUB) to a new Alberta Utilities Commission. "The legislation does not stop at the division of responsibilities between the two agencies. It also includes a series of changes that would significantly limit public involvement in energy decision making," says Steve Kennett, Senior Policy Analyst at the Institute.
Opposition to the Bill comes after several years of growing land-use conflicts across the province, including the strong landowner objections to AltaLink’s proposed Edmonton-Calgary transmission line and the hiring of private investigators by the EUB to spy on landowner and environmental groups.
"The EUB’s spying scandal has created a major breach of trust between the government and the public with respect to decision making on energy issues in Alberta," says Kennett. "Instead of seeking to restore public confidence in the Province’s energy decision making processes Bill 46 delivers the message that the government does not value the views of dissenters."
In a submission to the Premier (attached), the Pembina Institute identifies serious flaws in the Bill and calls for a major overhaul of key sections in it. "This submission, along with recommendations from the Environmental Law Centre in Edmonton, provide a roadmap for changes that would be consistent with Government House Leader Dave Hancock’s recent statement that the government has no intention to take away landowners’ rights," Kennett says.
In particular, the restrictive ‘directly and adversely affected’ test should be replaced in Bill 46 by a provision granting participation rights to individuals and organizations having legitimate and bona fide interests in the issues raised by the Commission’s decisions and who can contribute to the Commission’s mandate to consider the broader public interest, he says. "Bill 46 should also include full procedural rights to ensure that these individuals and organizations can participate effectively in hearings through written and oral submissions, representation by counsel, cross-examination of the evidence and arguments presented by other parties, and intervener funding, Kennett adds.
The Pembina Institute recommends that Premier Stelmach demonstrate that the government does in fact respect public input and convene public hearings before an all-party committee of the Legislature to consider measures to enhance the public’s right to be heard.
"Unless sections restricting public participation in decision making are completely overhauled, Bill 46 will lead to further escalation of conflict between stakeholders, government and the energy industry in Alberta," points out Kennett. "We urge Premier Stelmach to view the controversy surrounding the Bill as an opportunity for the Alberta government to engage in constructive dialogue with stakeholders and individual Albertans about the need for more open and effective public participation in decisions about energy development".
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The Pembina Institute’s submission to Premier Ed Stelmach is attached and is also available at www.pembina.org.
For more information, contact
Steve Kennet
Senior Policy Analyst (403) 269-3344 ext. 115
