Bill 36 can be compared to an apple with a bruise on the outside that appears OK. If the small bruise were removed from the apple, it would be eatable. But when the apple is opened up, it is rotten to the core. Bill 36 became law in Alberta October 2009. In my opinion the bill must be repealed. It is not fixable.
Bill 36 says, “(11) a regional plan may, by express reference to a statutory consent or type or class of statutory consent, amend or extinguish the statutory consent or the terms or conditions of the statutory consent.” [italics added]
Under the definitions sections of Bill 36, “(z) statutory consent means a permit, licence, registration, approval, authorization, disposition, certificate, allocation, agreement or instrument issued under or authorized by an enactment or regulatory instrument;” [italics added]
Keith Wilson B.A., LL.B. of Wilson Law Office in St. Albert specializes in representing landowners in legal matters states, Section 11 of Bill 36 says that the Cabinet can, via regional plan, “extinguish” statutory consents. Section 1(z) of Bill 36 defines “statutory consents” as including an “instrument issued or authorized by an enactment”. The Land Titles Act is an “enactment”. The Land Titles Act issues “instruments”. The Land Titles Act defines “instrument” as: (k) “instrument” means
(i) a grant, certificate of title, conveyance, assurance, deed, map, plan, will, probate or exemplification of will, letters of administration, or an exemplification of letters of administration, mortgage or encumbrance,
(ii) a judgement or order of a court,
(iii) an application under section 75, or
(iv) any other document in writing relating to or affecting the transfer of or dealing with land or evidencing title to land;
Under Bill 36, the government has also taken away the right to appeal. We have no right to make claim against government. The role and authority of courts has been removed by this Bill.
Alberta was a leader in opportunity and freedom, not anymore. Alberta has taken on a new leadership role in land control, taking away rights and the devaluing of property.
How long are we going to stand by and let this happen? Bill 36 must be repealed. If this government wont repeal it, then this government must be replaced with a government that will.
Let’s work together to get back the Alberta advantage.