Achi news desk-
The Alberta Government has introduced another bill that gives the province more power to make unilateral decisions.
Bill 21, the Emergency Statutes Amendment Act, amends four pieces of legislation, increasing provincial authority in emergency situations such as wildfires, droughts and floods.
Included is a change to the Elections Act to move Alberta’s fixed election date from May to October.
Last year, Alberta declared a state of emergency due to wildfires just weeks before the May 29 election.
Premier Danielle Smith said natural disasters are more common during the spring and summer, pointing to other spring emergencies such as the Slave Lake Fire in 2011, and the 2016 Fort McMurray fire and the 2020 flood.
Moving elections to the fall would prevent cabinet members from having to manage crises during an election period, Smith said.
Currently, Alberta is one of only four provinces that hold elections in the spring. If the legislation is passed, the next provincial election will be held on October 18, 2027.
Crisis management
Bill 21 contains a series of changes to the Water Act, the Forest and Prairie Protection Act and the Emergency Management Act.
Those include giving the province authority over local emergency response efforts “where additional provincial oversight and support is needed.”
Examples include depletion of local resources, events that span multiple jurisdictions, or where “local actions are at cross purposes with broader regional or provincial actions.”
The province said current legislation is unclear about when the cabinet could take control of a local response, saying the bill will “clearly define” that authority.
“We have the ability right now, without this bill, to go in and take over a critical incident. What we are doing is putting the safeguards in place,” said Mike Ellis, minister public safety and emergency services.
Like other recent bills that increase provincial oversight, officials said “authority would only be assumed in extreme circumstances.”
Smith said he doesn’t think municipalities will disagree with the legislation, which he said is based on their own feedback.
“When we’ve had these big disasters in the past … it’s always, ‘Why didn’t the state step in earlier?'” Smith said. “If that happens again and again, you have to start listening, and that’s what we do.”
However, the president of Alberta Rural Municipalities said members are confused by the bill and other new legislation aimed at local governments.
“Our understanding of this government followed conservative values ​​that actually supported local government and local decision-making,” said Paul McLauchlin. “We are surprised by many of these moves to centralize.”
Natural disasters
The province says changes will let it act more quickly in emergency situations.
Those include empowering provincial crews to access, occupy and use private property on all provincial lands, including Métis Settlements. That includes building fire guards and removing buildings where necessary.
The Cabinet would also decide where water goes during a water crisis – including unilateral approval for low-risk water transfers between basins.
Authorization processes would be removed from some flood and drought mitigation activities and the province would be able to instruct water license holders to reduce or stop water use.
“[It’s] really about making sure we can prioritize human health and safety if we find ourselves in a drought crisis,” said Rebecca Shultz, environment and protected areas minister.
Alberta is currently in Phase 4 of the province’s drought response. Step 5 is to declare an emergency under the Water Act.
McLaughlin said he understands central Alberta members are always concerned when it comes to water transfers between basins, which currently require a special resolution from the legislature.
“In dire situations, I think entrenching the legislation makes sense,” he added. “But my members want to make sure there is public accountability from the government – making sure everything else is considered before any move like that.”
Bill 21 includes changes that prevent any action taken by the province during an emergency from being challenged through the Environmental Appeals Board, the independent body that manages appeals on environmental decisions made by the province.
With files from Chelan Skulski
