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Mineral Rights Mineral Rights in Albertain Alberta
Alberta Energy 2004 1
Alberta Department of Energy
The Mineral Rights Context in Alberta
• Provincial Jurisdiction
• Alberta Model for Resource Development
• Role of Alberta Government
• Role of Alberta Department of Energy
• Goal of Minerals Tenure
Alberta Energy 2004
Alberta Energy 2004
Provincial Jurisdiction
By Canadian Constitution the provinces have jurisdiction over:
• Property and civil rights• Matters of local and private nature• Development, conservation and management of
non-renewable natural resources, forestry resources and electricity generation
Alberta Energy 2004
Jurisdiction as Owner
• Mines and minerals transferred to Alberta in 1930
• Alberta owns mines and minerals in 81% of land in Alberta
• Manages development of non-renewable resources as a sovereign and as an owner
Alberta Energy 2004
Role of Alberta Government
• Legislation enacted by the Legislative Assembly of Alberta
• Regulations made under that legislation
• Ministers and Ministries assigned responsibility for implementing legislation, regulations and related policies
Alberta Energy 2004
Alberta Model for Resource Development
• Principle – Alberta-owned resources can be more efficiently developed by private industry
• The role of government is to establish the framework that will attract industry to develop the province’s resources
Alberta Energy 2004
Components of Model
• Access to resources
• Fair economic return
• Effective regulatory framework
• Protection of the environment
Alberta Energy 2004
Resource Developmen
t
Department of Energy
Alberta Energy and
Utilities Board
Access to Resource Fair Return
Regulatory Approval
Ministry of Sustainable Resource Development
Ministry of Energy
Ministry of Environment
Department Sustainable Resource
Development
Surface Rights Board
Natural Resources Conservation
Board
Access to Surface
Department of
Environment
Environmental Approval
How the Alberta Government Carries Out Its Role
Alberta Energy 2004
Ministry of Energy
The Ministry of Energy is comprised of:
• Alberta Energy– Government department
• Alberta Energy and Utilities Board– Statutory corporation– Quasi judicial independence– Includes the Alberta Geological Survey
Alberta Energy 2004
Role of Alberta Energy• Minerals tenure
– Grants mineral rights to private developers for development
• Collection of mineral revenues– Royalties; Rent; Bonus Bid
• Advocates reasonable surface access– Surface access is handled through Sustainable
Resource Development, the Surface Rights Board and private contract with landowner
Alberta Energy 2004
Goals of Alberta Minerals Tenure
• To give industry the opportunity to explore and develop minerals for the greatest benefit of Albertans
• To place mineral rights in the hands of those with the interest and means to explore and develop Alberta’s mineral resources
• To make mineral rights available to others as soon as possible upon termination or expiry of an agreement
Alberta Energy 2004