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 laws, increasing provincial authority in emergency situations such as wildfires, droughts and floods.
A change is included in the Electoral Act to move the date set for Alberta’s elections from May to October.
Last year, Alberta declared a state of emergency due to a wildfire just weeks before the May 29 election.
Premier Danielle Smith said natural disasters are more common during the spring and summer, pointing to other previous spring emergencies such as the 2011 Slave Lake fire, the 2016 Fort McMurray fire and the 2020 flood.
Postponing the election to the fall would prevent Cabinet members from having to manage emergencies 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.
Emergency management
Bill 21 includes a number of changes to the Water Law, the Forest and Grassland Protection Law, and the Emergency Management Law.
These include giving the province authority over local emergency response efforts “where additional provincial oversight and support is required.”
Examples include the depletion of local resources, events that span multiple jurisdictions, or when “local actions cross-purpose with broader regional or provincial actions.”
The province said current legislation is unclear about when cabinet could take control of a local response, and said the bill will “clearly define” that authority.
“We have the ability right now, without this bill, to step in and take care of a critical incident. What we’re doing is putting safeguards in place,” said Mike Ellis, minister of public safety and emergency services.
Like other recent bills increasing provincial oversight, officials said “authority would only be assumed in extreme circumstances.”
Smith said she doesn’t believe municipalities would disagree with the legislation, which she said is based on her own comments.
“When we’ve had these major catastrophes in the past…we always ask ourselves, ‘Why didn’t the province intervene sooner?'” Smith said. “If that happens over and over again, you have to start listening, and that’s what we’re doing.”
However, the president of Alberta Rural Municipalities said members are confused by the bill and other new laws targeting local governments.
“Our understanding of this government followed conservative values that actually supported local government and local decision-making,” Paul McLauchlin said. “We’re quite surprised by a lot of these moves toward centralization.”
Natural disasters
The province says the changes will allow it to act more quickly in emergency situations.
These 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-related emergency, including unilaterally approving water transfers between low-risk basins.
Permitting processes would be eliminated for some flood and drought mitigation activities and the province could order water licensees to reduce or stop water use.
“[It’s] it’s really about making sure we can prioritize human health and safety if we find ourselves in a drought emergency,” said Rebecca Shultz, Minister of Environment and Protected Areas.
Alberta is currently in stage 4 of the provincial drought response. Stage 5 is the declaration of emergency under the Water Law.
McLaughlin said he understands members in central Alberta are always concerned when it comes to inter-basin water transfers, which currently require a special decision by the legislature.
“In extreme situations, I think strengthening that legislation makes sense,” he added. “But my members want to make sure that the government is held publicly accountable, ensuring that all other things are considered before any action 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 handles appeals over environmental decisions made by the province.
With files from Chelan Skulski