Bill 2, the Responsible Energy Development Act, is shaping up to be a major battle involving not only the governing Tories, but also their opponents the Wildrose Alliance, the energy industry and grassroots Albertans who feel the proposed law gives unrestricted, and unwarranted, powers to energy regulators.
Energy Minister Ken Hughes hit the road last November on a typical "meet and greet" tour to promote the bill and lay Albertans' fears to rest over whether it allows the energy industry to do as it wishes on private property with few or no repercussions.
Hughes recently told the Calgary Herald the bill is not draconian, only misunderstood, and he wants to travel Alberta and explain this to rural landowners, who are the ones who will be affected by the bill.
"It is critical from an economic perspective to get Bill 2 through, that we create a new single regulator, because that governs most of the $300-billion economic engine that is Alberta," he told the Herald Nov. 15.
"What that demonstrates is that we're a government that listens to landowner concerns," he said.
"I want to make sure personally that this is something that landowners can be comfortable with and that ensures also that we have an efficient and effective regulatory process for applicants."
Premier Alison Redford herself has been quoted as saying Albertans have no reason to fear Bill 2.
"We've heard an awful lot of misinformation about property rights and we've heard an awful lot of fear-mongering," said the premier at an Alberta Association of Municipal Districts and Counties meeting in mid-November. "I am here today to tell you the truth.
"The criticism you're going to hear about this legislation comes from a place of not understanding how significantly we're transforming the regulatory process to ensure that industry and landowners are able to balance their interests and allow economic development in this province - and that is our commitment as your government," she was quoted as saying by the Calgary Herald.
Hughes, or the Tory caucus, depending on who you ask, has tweaked Bill 2 and made about 15 changes to one of the most controversial pieces of legislation under former Energy Minister Ted Morton, known for his outspoken conservatism. However, critics of Bill 2 say it is not conservative, but more akin to dictatorial excess. Bill 2 passed third reading on Nov. 21 "on division," according to www.assembly.ab.ca.
Critics of the bill, including the Wildrose Alliance, claim Bill 2 eliminates appeals to the Environment Appeal Board and limits access to the courts.
The Wildrose Alliance sent the following press release to media across the province last November after Bill 2 passed third reading:
"PC CLAIM: Responding to a question from PC MLA Jacquie Fenske on Bill 2 the Responsible Energy Development Act, Energy Minister Ken Hughes said that the legislation strengthens landowner participation rights.
"FACT: The PC government voted down several attempts by the Wildrose Official Opposition to protect landowners in Bill 2, which has been raised as a serious concern by landowner and industry experts, academics and other key stakeholders.
"'This bill is a colossal gaffe by the Alberta government . the government doesn't need to be stoking any fires by stripping away these rights.' - Shaun Fluker, University of Calgary Assistant Law Professor.
"'Bill 2 is sloppy legal drafting and bad policy insofar as it strips the most affected by energy projects of their legal right.' - Keith Wilson, Property Rights lawyer.
"'Under Bill 2, the consolidated regulator will be making decisions respecting the landowner's land, but if the landowner has some objection or if there's been something overlooked, they can't appeal.' - Russ Brown, University of Alberta Law Professor."
Additional media relating to Bill 2: Professor Russ Brown is also quoted/interviewed in the following media:
http://www.freedomtalk.ca/
http://www.calgaryherald.com/
Blog post - http://ualbertalaw.typepad.