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AEP, Land Policy, 2015, No.1 © 2015 Government of Alberta

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Title:

Assignments Issued under Part 4 of the Public Lands Administration Regulation

Number:

AEP, Land Policy, 2015, No.1

Program Name:

Public Land Management

Effective Date:

June 23, 2015

This document was updated on:

September 28, 2015

ISBN No.

Disclaimer:

1.0 Introduction and Purpose This is a guide that provides overall policy direction for assignments

1 of formal dispositions. It establishes

departmental alignment under the provisions of the Public Lands Act and Public Lands Administration Regulation

(PLAR). It also provides the policy context and process to Environment and Parks staff regarding assignments. It

incorporates existing best practices.

Environment and Parks is responsible for managing Alberta’s public lands, except with respect to energy resource

activities as defined in the Responsible Energy Development Act and the Alberta Energy Regulator (AER) is

responsible for managing Alberta’s public lands with respect to energy resource activities, as defined in the

Responsible Energy Development Act. In delivering this mandate, Environment and Parks may approve

assignments pursuant to a formal disposition. The Public Lands Act amendments that came into force on April 1,

2010 and PLAR, which came into force on September 12, 2011 provides the regulatory framework for approvals

such as assignments, transfers, mortgages, and sub-leasing (PLAR part 4).

1.1 Background

The Public Lands Act provides for assignments through the written consent of the director (Public Lands

Act s.43). An assignment application is considered to be an application for an administrative approval.

Approvals are instruments (other than formal dispositions or authorizations) issued to persons, on behalf

of Environment and Parks (PLAR s.14). Approvals grant the permission or consent of the Minister a

director or an officer that may be required under the Act, regulations, or the conditions of a formal

disposition or an authorization.

Provisions of the Public Lands Act that relate to assignments include: section 15.1 (refusal for non-

compliance), section 15 (2)(e) (ability of director to prescribe terms and conditions to which a disposition

is subject if the amendment is a condition of a director’s consent to an assignment), section 43 (consent

to assignment), section 110 (cancellation or withdrawal after assignment refusal regarding a grazing

lease), section 113 (definitions), section 114 (registration of assignment), section 114.1 (assignment

charges), section 115 (effect of registration of assignment), section 116 (assignment where holder

assignor and assignee), and section 117 (registration deemed to confer consent).

The provisions in PLAR that relate to assignment of disposition include: section 13 (application for

approval), section 14 (issuance of approval), section 15 (deemed rejection), section 146 (application for

1

As defined in section 113 of the Public Lands Act.

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approval), section 149 (limitations of administrative approvals), section 150 (conditional approval),

section 151 (effect of rejection, refusal, or breach), section 153 (rejection of application), section 154

(questioning assignee), section 155 (grazing lease), section 156 (limitations on assignments of grazing

leases), section 157 (assignment of dispositions authorizing the grazing of bison),section 158 (assignments

affecting range improvements), section 184 (registration).

Approvals relate to a formal disposition or an authorization; they are never a stand-alone disposition.

1.2 Scope

The guide applies to assignments for the following disposition types:

• Commercial Trail Riding Permit (CTR)

• Easement (EZE, VCE,RVC, and REA)

• Farm Development Lease (FDL)

• Grazing Lease (GRL)

• Grazing Licence (FGL)

• Licence of Occupation (DLO/LOC)

• Mineral Surface Lease (DMS/MSL)

• Miscellaneous Lease (DML/MLL)2

• Pipeline Agreement (DPL/PLA)

• Pipeline Installation Lease (DPI/PIL)

• Surface Material Lease (SML)

Assignments are not permitted for the following instruments: an approval, an authorization, a cultivation

permit, a grazing permit, a haying permit, a head tax permit, a miscellaneous permit, a surface material

licence, a mortgage or security interest in another disposition, a disposition that is sublet, or an access

permit.

1.3 Precautions and Responsibility

This guide is intended to assist with consistency of director’s decision making where appropriate.

However it is very important that directors exercise care to ensure that in following the guide they are not

fettering their individual discretion. This guide is not intended to fetter a director’s discretion.

The Operations Division will be responsible for ensuring that Environment and Parks ‘directors’ follow

the policy direction and processes on an ongoing basis. The Public Lands Policy Section, as the Guide

Owner, is responsible for ongoing maintenance and updates to the policy and processes described in this

guide. More specifically, the following roles are responsible for maintaining, approving and using this

procedure:

• Guide Owner: Environment and Parks, Policy and Planning Division, Lands and Forestry Policy

Branch, Public Lands Policy Section

• Guide Approver: Environment and Parks, Policy and Planning Division, Executive Director Land

Policy Branch

• Guide Users: Environment and Parks ,Operations, Policy and Planning Divisions; and the AER

The AER has jurisdictional authority to consider and issue approvals for applications for the assignment

of dispositions in respect of an energy resource activity, as defined in the Responsible Energy

Development Act. Environment and Parks does not have the jurisdictional authority to consider and issue

approvals for applications for the assignment of dispositions in respect of energy resource activities.

2 New recreation leases are no longer issued by Environment and Parks. Recreational uses may be authorized under a

Miscellaneous Lease. More information may be found in the PLAR Formal Dispositions Directive.

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Assignment applications approved by the AER are not appealable to the Public Lands Appeal Board

(PLAB).

1.3.1 Designation of Directors

The Minister of Environment and Parks is authorized to designate persons as directors for the purposes of implementing the Public Lands Act and PLAR. Designations under PLAR are made to persons holding certain classifications. A detailed list of these classifications is

found in each of the designation orders. Ministerial Order 04/20143

sets out the designations of directors for the purposes of Sections 13, 14, 15,146, 149, 150, 153, 154, 155, 156, and 158 of PLAR and Sections 15.1, 43, and 114 of the Public Lands Act.

1.3.2 Delegation of Authority

Sections 113 and 114(2) of the Public Lands Act addresses the keeping of books for the registration of assignments. The delegated authority of the powers, duties and functions of the Minister under for section 113 and 114(2) of the Public Lands Act is provided in

Ministerial Order 03/20144.

2.0 Policy – Assignments

2.1 Application, Eligibility and Requirements for Assignor and Assignee

For the following disposition types: EZE, LOC/DLO5, MSL/DMS, DPI/PIL, PLA/DPL, and VCE/RVC

an assignment form is available on the Electronic Assignment Service. Disposition holders must have an

Electronic Transfer System account to participate in the electronic assignment process. Further

information regarding electronic assignments for the above disposition types can be found in the

Electronic Assignments Procedures Guide.

• Electronic Assignment Service

• Electronic Assignments Procedures Guide

For SML, CTR, FDL, GRL, DML, and FGL disposition types, assignment forms are available on the

Environment and Parks website. The form can be located by entering ‘general assignment of

disposition’ in the search tool on the Environment and Parks website.

• Environment and Parks website

There are some specific limitations on assignments of grazing leases which are outlined in section 156(1) of PLAR.

Pursuant to section 156(1) of PLAR, the director must reject an application to assign a grazing lease unless the

grazing lease holder has for a minimum of 3 years before the application is made, held a grazing lease for at least 2/3

of the land proposed to be assigned. There are exceptions to that provision which can be found in section 156(2) of

PLAR. Where the circumstances described in section 156(2) of PLAR exist, the director may consider the

application and is not required to reject it.

If the applicant is indebted to the Crown or is in non-compliance with the Act or the regulations, the director may

refuse an assignment (Public Lands Act s.15.1). Section 114 of the PLA permits the director to refuse to register a Assignments that serve as access to an existing DML, SML, FDL, GRL, or FGL are outside of the Electronic Assignment Service.

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conditional assignment (except in the case of a mineral surface lease). The director may refuse to register an

assignment unless the assignment, other than an assignment of a mineral surface lease, is unconditional (Public

Lands Act s.114).

Before the assignment is registered the assignee is to be advised of the date that the formal disposition being

assigned to them will expire and that there is no assurance that a new formal disposition will be issued in their favor.

2.2 Partial Assignments Partial assignments are only permitted for formal agricultural dispositions. Some restrictions on partial

assignments for larger leases (land exceeding an area required to graze 600 head of cattle (Public Lands

Act 2010 s.102(3)) are outlined in Assignment of Grazing Leases Which are of an Area More than

Required to Graze 600 Head of Cattle.

• Assignment of Grazing Leases Which are of an Area More than Required to Graze 600 Head of Cattle

The partial assignment process is similar to the assignment process, except that only a portion of the

disposition is assigned. There are differences with a partial assignment compared to a full assignment

including: the agrologist is more involved with fee calculation because of Animal Unit Months (AUM)

division; the original disposition boundaries are amended and a new disposition is created; and there are

additional mapping fees including an amendment mapping fee and a fee for the creation of a new

disposition.

2.3 New Conditions

Pursuant to section 150 of PLAR an assignment of a disposition may be issued on any terms and

conditions the director considers appropriate including:

• terms and conditions varying any term or condition of the disposition;

• terms and conditions requiring either the holder of the disposition or the assignee to provide

security in a form and amount satisfactory to the director for the performance of the obligations

under the disposition;

• terms and conditions requiring either the holder of the disposition or the assignee to provide

security in a form and amount satisfactory to the director for the reclamation of lands under the

disposition;

• terms and conditions requiring the assignee to provide security in a form and amount

satisfactory to the director, in addition to any security the assignee is required to pay (under

section 150(b) and(c); and

• terms and conditions providing that non-compliance with one or more specified terms or

conditions voids the approval (PLAR s.150).

While changes to conditions may be appropriate, care should be taken to not make wholesale changes to

the disposition or to undermine the management intent and purpose of the disposition. It will be at the

discretion of the director to determine if the application of new conditions are in alignment with existing

policy and intent.

2.4 Regulatory Timelines

Application timelines are provided in PLAR (PLAR s.13-15). Once an application for an assignment is

received a completeness decision must be made within 30 days (PLAR s.13(5)). However, the

department may extend the completeness decision up to 90 days (PLAR s.15(2)) (or indefinitely in

certain circumstances set out in PLAR s.15(3)). If a decision has not been made on the completeness of

the disposition application and the applicant has not been provided written notice of an extension under

section 15(2) of (3) of PLAR within the 30 day period provided by section 13(5), the application will be

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deemed to be rejected (PLAR s.15).

The director must register a notice of the issuance or refusal of the application for assignment within 90

days after the director registers a notice under section 13(5) regarding the completeness of the

application (PLAR s.14(4). Put simply, the merit decision must be made within 90 days of the

completeness decision.

2.5 Assignment Fees

The specified fees associated with assigning a disposition are outlined in Ministerial Order 28/20156

and the Public Lands Administrative Fees Table B.

2.6 Evaluation and Merit Criteria

After Environment and Parks has determined that an application for assignment is complete Environment and Parks will undertake an evaluation of the assignment application to determine if the assignment is to be issued. The director will use their discretion when evaluating and making a decision

about the proposed assignment.7

2.6.1 Referrals

Referrals enable Environment and Parks to ensure the land use decisions are integrated and

reflect different resource functions. The information received during the referral process

supports a final recommendation which is integrated. A referral involves seeking additional

information from regional staff with respect to a decision.

Referrals may be triggered by consultative notations, protective notations, and the

designation of fish and wildlife referral land. These notations indicate that there is a

management intention on the landscape and that proposed activities should be referred to

the owner or holder of the notation. Notations are not land use restrictions and they do not

prevent Environment and Parks from receiving assignment applications. More information

on notations can be obtained from the Public Lands Reservation Information Guide.

• Public Lands Reservation Information Guide

A referral to regional approvals Environment and Parks staff may be triggered when an application for an assignment is received (this is not an automatic process). The Approvals staff may review: the proposed purpose of land use by the assignee; the existing terms and conditions; outstanding compliance issues (i.e. utilization level, fencing, debris, weeds, etc.); and confirm that development has occurred on the disposition. Approvals staff may recommend: varied terms and conditions; requesting additional security for the performance of the obligations and reclamation under the disposition. There may be circumstances where the Approvals staff refers to other resource functions if there is a known concern which may

be managed at time of assignment through the addition of a new condition.8

6 These documents are located in the AEP Policy Registry

7 This guide is not intended to fetter the Director’s discretion but assist with consistency of decision making where

appropriate. 8 While changes to conditions may be appropriate, care should be taken to not make wholesale changes to the disposition

or to undermine the management intent and purpose of the disposition. It will be at the discretion of the director to

determine if the application of new conditions are in alignment with existing policy and intent.

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The intent of the regional approvals review is to ensure appropriate land management and it

is not intended to be used as a compliance tool.

2.7 Multi-Regulator Assignments A multi-regulator assignment is when a disposition holder requests an assignment of their

disposition to an activity type administered by a different regulator. An example of this would be if

a forestry disposition holder submits an application to assign a Licence of Occupation (access road) to a new holder for an energy resource activity [as defined in the Responsible Energy Development

Act] (or vice versa). This requires collaboration by both regulators throughout the process.

For the purposes of this section:

• “energy disposition holder” means the holder of a disposition that is held for an energy

resource activity (as defined in the Responsible Energy Development Act);

• “non-energy disposition holder” means the holder of a disposition that held for an activity

other than an energy resource activity (as defined in the Responsible Energy Development

Act);

• “prospective energy disposition holder” means the prospective holder of a disposition who

will hold the disposition for an energy resource activity (as defined in the Responsible

Energy Development Act); and

• “prospective non-energy disposition holder” means the prospective holder of a disposition

who will hold the disposition for an activity other than an energy resource activity (as

defined in the Responsible Energy Development Act).

The overarching principles to achieve this process are as follows for an assignment from a non-

energy disposition holder to an energy disposition holder:9

• The non-energy disposition holder submits an assignment application to the AER.

• The AER reviews the application for completeness.

• The AER notifies Environment and Parks of the assignment request.

• Environment and Parks is notified and reviews the assignment request and provides a

response to the AER.

• The AER will make a merit decision on the assignment application.

• The assignment is issued and registered by the AER.

• The various public land systems are updated and the disposition is converted from a DLO to

an LOC.10

The overarching principles to achieve this process are as follow for an assignment from an energy

disposition holder to a non-energy disposition holder:

• The energy disposition holder submits an assignment application to Environment and Parks.

• Environment and Parks reviews the application for completeness.

• Environment and Parks notifies the AER of the assignment request.

• The AER is notified and reviews the assignment request and provides a response to

Environment and Parks.

9 It is expected that future requirements will be identified between AER and Environment and Parks to streamline the process.

10 Dispositions that were issued after the AER was created may be problematic to convert due to the duplication of instrument

numbers. In these scenarios a new instrument number needs to be created.

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• Environment and Parks will make a merit decision on the assignment application.

• The assignment is issued and registered by Environment and Parks.

• The various public lands systems are updated and the disposition is converted from an LOC to a

DLO.

2.8 Appeals

PLAR provides an appeal mechanism for specific decisions made by a regulatory body (PLAR

s.21). Appealable decisions related to assignments are as follows: a deemed rejection under section

15(1) (PLAR s.211 (e)); the imposition or variation under the Act of a term or condition of a disposition (PLAR s.211 (d)); a refusal to issue a disposition or to renew or amend a disposition

applied for under the Act (PLAR s.211 (c)).

Certain people have standing to appeal the above decisions. A person to whom the decision was

given has standing. And, a person, including a commercial user referred to in section 98 of PLAR,

that is directly and adversely affected by the decision has standing (PLAR s.212 (1)). A decision is

only on the grounds set out in section 213 of PLAR.

Assignment applications approved by the AER are not appealable to the Public Lands Appeal Board

(PLAB).

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3.0 Procedures 11

Step Procedure

1.0 Assignment Application Received

2.0 Application Reviewed for Completeness Environment and Parks reviews the application for completeness including:

• Written verification from the taxing authority that all taxes with respect to the land have

been paid and indication if assignor/assignee is indebted to the crown

• Confirmation that the disposition is not expired

• All fields of the application are complete

• Proposed land use and purpose

• Tenancy must be indicated on assignment application (Joint Tenants 12

or Tenants in

Common)

• Applicable assignment fees

• Approved operating plan or conservation and reclamation plan (where applicable) is

provided

• If the applicant is a company the shareholder statement and certificate of incorporation is

required (with respect to a grazing disposition under section 50 of PLAR)

• If the assignee/assignor is a Government of Alberta employee, government employee

requirement are required including Deputy Head or designate approval. Additional

information can be found in the:

► Code of Conduct and Ethics for the Public Service of Alberta, 2013

• If the assignee intends to graze bison, a bison application is required

► Bison Application

• Completion of statutory declaration (GRL, FDL, FGL).

• If the land is tax recovery land (Environment and Parks must agree and a statutory

declaration is required)

If application is incomplete proceed to step 2.1

If application is complete proceed to step 3.0

2.1 Application Rejected If the application package is incomplete the application is rejected.

3.0 Assignment Fee Calculated

4.0 Assignment Application Referred to Regional Staff Land Adminstrators may refer the assignment to Approvals staff (officer/agrologist) for review and recommendation where warranted and required for input.

5.0 Review Assignment Application and Provide Recommendation

Approvals staff may review: the proposed purpose of land use by the assignee; the exsiting

terms and conditions; outstanding compliance issues (i.e. utilization level, fencing, debris,

weeds, etc); and confirm that development has occurred on the disposition.

Regional staff may recommend: varied terms and conditions; additional security be requested

for the performance of the obligations and reclamation under the disposition (where

applicable); and additional terms and conditions provided that non-compliance with one or

more specified terms or conditions voids the approval (where applicable).

11 It is contemplated that the AER will develop similar procedures that are within its organizational structure to achieve the

policy direction set out in this document.

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There may be circumstances where the approvals staff refers to other regional staff such as

Resource Management if there is a known concern which may be managed at time of

assignment through the addition of a new condition. It will be at the discretion of the director to

determine if the application of new conditions are in alignment with existing policy and intent

of the disposition.

6.0 Merit Decision

Environment and Parks will make a merit decision based on:

• The proposed land use

• Indebtedness to the Crown or arrears of taxes to a municipality with respect to public

land [by any party to the proposed assignment]

7.0 Revised Terms and Conditions of Disposition

If there is a recommendation to revise the terms and conditions of the disposition

proceed to step 8.0

If there is a recommendation to not revise the terms and conditions of the disposition

proceed to step 10.0

8.0 Memorandum of Agreement (MOA)/ New Disposition Document

Create Memorandum of Agreement (MOA)/ New disposition document to reflect changes in

conditions and provide to new proposed disposition holder for signature.

9.0 Assignor signs MOA If assignor signs MOA/ new disposition document proceed to step 10.0 If assignor does not sign MOA proceed to step 9.1

9.1 Assignment Application Refused

The assignment may be refused if the MOA/disposition document is not signed because the

terms and conditions were not accepted.

10.0 Assignment Issued and Registered

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4.1 Glossary

• Administrative Approval: “Administrative Approval” as being “a class of approvals under Part 4 of

PLAR consisting of Mortgages, Assignments, Transfers, and Sub-Leasing.

• AER: Alberta Energy Regulator

• Applicant: A party who’s interest has been registered by way of an application to a regulatory body

according to the records of the issuing regulatory body.

• Delegated Authority: Any person, agency or board that has been delegated power, duty or function by

the minister under any Act or regulation.

• Guide Approver: Person responsible for approving a guide.

• Guide Owner: Position/Section/Branch responsible for updates to a guide.

• Guide Users: Those individuals or organizations responsible for taking actions within the guide.

• Director: A person designated as a director under Section 5 of the Public Lands Act

• Disposition: The authority granted by a regulatory body pursuant to the Public Lands Act to use public

land for specific purposes and activities.

• Departmental Licence of Occupation: A disposition issued under the Public Lands Act for the purpose

of an access road and is classified as a formal disposition under PLAR. A Departmental Licence of

Occupation (DLO) is issued by Environment and Parks.

• Environment and Parks: Environment and Parks.

• Formal Disposition: A disposition issued under the Public Lands Act granting varying rights and

responsibilities to use public land for certain purposes and activities. See PLAR 1(1)(o) for further

information.

• Licence of Occupation: A disposition issued under the Public Lands Act for the purpose of an access

road and is classified as a formal disposition under PLAR. A Licence of Occupation (LOC) is issued by

the Alberta Energy Regulator. A DLO is the Environment and Parks version of an LOC.

• Minister: The Minister determined under Section 16 of the Government Organization Act as the

Minister responsible for this Act (Minister of Environment and Parks).

• PLAR: Public Lands Administration Regulation.

• Public Land: Land of the Crown in right of Alberta.

• Vacant Public Land: A vacant disposition area or other land that is under the administration of the

Minister and that is not the subject of a formal disposition.

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5.1 References To learn more about the legislation that applies to this procedure, visit the Government of Alberta Queen’s Printer

website at qp.alberta.ca and search for the following:

• Public Lands Act

o Public Lands Administration Regulation

• Responsible Energy Development Act o Specified Enactments (Jurisdiction) Regulation

o General Amendment Regulation

You may also be interested in reading supporting documents:

Applying PLAR to Aboriginal Issues Standard Operating Procedures

Industrial Assignment

Assignment Registration Fees for Agriculture Dispositions

Bison Grazing Application Form

Code of Conduct and Ethics for the Public Service of Alberta, 2013

Electronic Assignments Procedures Guide, June 2006

First Nations Consultation Policy on Land Management and Resource Development and associated Guidelines

General Assignment of Disposition

Government of Alberta’s Policy on Consultation with First Nations on Land and Natural Resource Management

(2013)

Government of Alberta’s Guidelines on Consultation with First Nations on Land and Natural Resource

Management (2014)

Integrated Standards and Guidelines Enhanced Approval Process (EAP) – December 1, 2013

Partial Assignment of Disposition

Public Lands Administration Information Series (Part 1): Handbook of Instruments Pursuant to Public Lands

Act & Public Lands Administration Regulation (PLAR)

Statutory Declaration for Assignment for Companies

Statutory Declaration for Assignment Individual Form

5.1 Repeals

The following directives will be removed from the directory:

1. Assignments of Grazing Permits (GRA DIS 1970.1)

2. Assignment of Leases (GEN 1959.1)

3. Assignment of Miscellaneaous Leases within Subdivisions Pending Completion of the Construction of

Improvements (REC DIS 1974.1)

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6.0 Approvals

Original signed by: Date: June 23, 2015

Kem Singh, Executive Director

Land and Forestry Policy Branch

Environment and Parks

7.1 Appendix

7.2 Process Flow Chart

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