Compliance with the Amended South Saskatchewan Regional Plan
This Advisory Interpretation Bulletin (SSRP 01/2017) was published in the Alberta Gazette Part 1 (Volume 113, Number 9) on May 15, 2017.
This Advisory Interpretation Bulletin is issued under section 64 of the Alberta Land Stewardship Act (the Act) and section 3 of the Alberta Land Stewardship Regulation to provide information regarding compliance declarations under the South Saskatchewan Regional Plan (SSRP) Amendment effective on February 16, 2017.
Section 15 of the Act binds the Crown, local government bodies, decision-makers and all other persons to act in accordance with the regional plan or a regional plan amendment from the day it comes into effect. The SSRP came into effect on September 1, 2014 and is amended into the SSRP Amendment which comes into effect on February 16, 2017.
Section 20 and 21 of the Act requires local government bodies and decision-making bodies to review the regional plan and any amendment(s) to the regional plan to determine if their regulatory instruments (defined in section 2 of the Act) require changes. If the review determines that any changes or new regulatory instruments are required to comply with a regional plan or regional plan amendment, then those changes must be implemented and a compliance declaration filed with the Land Use Secretariat.
Section 22 of the Act specifies the rules regarding compliance declarations when a regional plan is amended. Therefore, if the regional plan amendment directs the local government body or decision-making body to file a new compliance declaration with the Land Use Secretariat, they must comply by the timeline specified in that regional plan amendment.
The SSRP Amendment did not change nor introduce any new timing requirements regarding the filing of compliance declarations. Section 7 of the SSRP-Regulatory Details specifies that:
- Local government bodies must submit their compliance declaration by September 1, 2019.
- Decision-making bodies were required to submit their compliance declaration by September 1, 2016.
Compliance Declaration Requirements for the SSRP and SSRP Amendment
If a local government body or decision-making body HAS submitted their compliance declaration for the SSRP, no new compliance declaration is required for the SSRP Amendment. Although a new compliance declaration is not required, a local government body or decision-making body must act in accordance with the SSRP Amendment.
If a local government body or decision-making body HAS NOT submitted their compliance declaration, those bodies must review and make any necessary changes or implement new regulatory instruments then file their compliane declaration that specifically identifies the SSRP or SSRP Amendment for which changes were made.
Regardless of which plan is referenced in their compliance declaration, a local government body or decision-making body must act in accordance with the SSRP Amendment.
Consequences of Non-Compliance with the SSRP or SSRP Amendment
A person may make a written complaint if they believe a local government body, decision-making body, the Crown or any other person(s) are not complying with a regional plan or regional plan amendment. If an investigation into the complaint reveals non-compliance, remedies or consequences will be determined by the appropriate authority. There are no time limits for a complaint of non-compliance to be filed.
For further clarification or support, please contact the Land Use Secretariat.