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Author Topic: Bill 19  (Read 447 times)
hermetic
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« on: March 16, 2009, 02:54:51 PM »

More on the content item found here: Jack Hayden's Attack on Democracy

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Here's a link to the bill itself:  http://www.assembly.ab.ca/bills/2009/pdf/bill-019.pdf

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Red Deer Advocate: Chance to scrutinize Bill 19

People opposing a controversial new bill are planning a series of information meetings over the next few days.

Infrastructure minister Jack Hayden, MLA for Drumheller-Stettler, has introduced a government bill that makes it easier for the province to acquire land to building transportation and utility corridors.

If passed, the new legislation — the Land Assembly Project Area Act — would facilitate construction of major projects while ensuring fair treatment of affected landowners, Hayden said in a prepared statement issued on March 2, the day the Bill 19 was introduced in the Legislature.

Such acquisitions are an essential aspect of growth, says Transportation minisiter Luke Ouellette, MLA for Innisfail-Sylvan Lake. Projects such as the ring roads around major cities could not be completed had someone not had the foresight to tie up the land necessary for their construction, said Ouellette.

But members of the Alberta Green party have now launched a campaign to kill Bill 19.

Green leader Joe Anglin calls it a draconian attempt to streamline the process of expropriating private property.

Anglin has now set up a series of meetings in which he will present his take on the bill and invite public presentations.

Meetings started on Tuesday in Warburg. Another meeting has been set for the Scout Hall in Ponoka at 2 p.m. on Saturday, March 14. Additional meetings are being held in Peace River on March 18 and in Grimshaw on March 19.

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HoA News
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« Reply #1 on: March 16, 2009, 04:10:49 PM »

The appeal provisions of Bill 19 should become a matter of discussion as well.  Specifically, the bill says the following:


Appeal of enforcement order
10(1) A person to whom an enforcement order is directed with
respect to a matter under section 7(2)(a) or (b) may appeal the
enforcement order to an appeal body referred to in or established
under the regulations.
(2) A notice of appeal must be submitted not later than 7 days after
receipt of a copy of the enforcement order, but the appeal body
may, on application made before or after the expiry of that period,
extend that period where the appeal body is of the opinion that
there are sufficient grounds to do so.
(3) Subject to subsection (4), submitting a notice of appeal does
not operate to stay the enforcement order.
(4) The appeal body may, on the application of a party to a
proceeding before the appeal body, stay an enforcement order in
respect of which a notice of appeal has been submitted.
(5) Where an application for a stay relates to the issuing of an
enforcement order and is made by the person to whom the order is
directed, the appeal body may, if it is of the opinion that an
immediate and significant adverse effect may result if certain terms
and conditions of the order are not carried out,
(a) order the Minister to take whatever action or measures the
Minister considers to be necessary to carry out those terms
and conditions and to determine the costs of doing so, and
(b) order the person to whom the order is directed to provide
security in accordance with the regulations in the form
and amount the appeal body considers necessary to cover
the costs referred to in clause (a).


It's interesting that a governing party which promotes an extreme laissez faire approach to 'government' envisions establishing yet another quasi-judicial tribunal.  As well, it is clear from the bill that Mr. Joe Anglin's concerns about cost orders and the chilling effect they will create in terms of challenging enforcement orders are well founded.  Clearly Mr. Hayden and the Progressive Conservative government have a long way to go in addressing the concerns of Albertans. 

Premier Stelmach has suggested that the public should wait until the legislative process runs its' course and has implied that amendments and debate in the legislature will address concerns.  Given the overwhelming majority that the PC's have in the legislature and their track record of invoking closure on debate, it's almost certain that concerned parties will take little comfort in the Premier's statements.
« Last Edit: March 16, 2009, 04:13:10 PM by HoA News » Logged
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