O.C. 153/2018

May 15, 2018


            The Lieutenant Governor in Council amends the South Saskatchewan Regional Plan, in the Appendix to Order in Council numbered O.C. 294/2014, in accordance with the attached Appendix.

For Information only

Recommended by:          Minister of Environment and Parks

Authority:                           Alberta Land Stewardship Act
                                             (section 4)

APPENDIX

Alberta Land Stewardship Act

AMENDMENTS TO THE SOUTH SASKATCHEWAN REGIONAL PLAN

1       The South Saskatchewan Regional Plan is amended by this Appendix.

 

2       The Table of Contents are struck out and the “Table of Contents” as shown in Schedule A to this Appendix are substituted.

 

3       Page 11, footnotes 2 and 3 are amended by striking out “Alberta Agriculture and Rural Development” and substituting “Ministry responsible for agriculture.

 

4       Page 22 is amended by striking out the text and map under “Map 1: Local Airshed Organizations and Continuous Air Monitoring Stations” and substituting the text and map under “Map 1: Local Airshed Organizations and Continuous Air Monitoring Stations” as shown in Schedule B to this Appendix. 

 

5       Page 26 is amended by striking out the text and map under “Map 3: Major River Basins and Sub-Basins” and substituting the text and map under “Map 3: Major River Basins and Sub-Basins” as shown in Schedule C to this Appendix. 

 

6       Page 31, last sentence of the third paragraph is amended by striking out “Examples include species recovery plans, the Enhanced Approvals Process which outlines oil and gas development requirements, the Landscape Analysis Tool, the Grazing Leaseholders code of practice, forest management plans, operating ground rules and existing Public Land Use Zones to manage public access and related impacts to biodiversity and ecosystem function.” and substituting “Examples include species recovery plans, the Enhanced Approvals Process which outlines oil and gas development requirements, the Landscape Analysis Tool, the Grazing Lease Stewardship Code of Practice, subregional plans, forest management plans, operating ground rules and existing Public Land Use Zones to manage public access and related impacts to biodiversity and ecosystem function.

 

7       Page 59 is amended by striking out the text and map under “Map 4: Green and White Areas” and substituting the text and map under “Map 4: Green and White Areas” as shown in Schedule D to this Appendix.

 

8       Page 60 is amended by striking out the text and map under “Map 5: Biodiversity Values” and substituting the text and map under “Map 5: Biodiversity Values” as shown in Schedule E to this Appendix.

 

9       Page 61, second sentence of the first paragraph is amended by striking out “Linear disturbance will be minimized through linear footprint management planning for Green and White Area public land” and substituting “Land disturbance will be minimized through landscape management planning for Green and White Area public land”.

 

10    Page 61, third sentence of the first paragraph is amended by striking out “Research and species recovery planning initiatives in the region and other parts of Alberta, have shown that managing linear footprint including the extent, duration and rate of disturbance and motorized access are the most significant actions that can be taken to support biodiversity.” and substituting “Research and species recovery planning initiatives in the region and other parts of Alberta, have shown that managing footprint including the extent, duration and rate of disturbance and motorized access are the most significant actions that can be taken to support biodiversity and watershed integrity.

 

11    Page 61, sidebar is amended by striking out:

 

Land Disturbance

Human activity causes changes on the landscape from natural conditions, with associated impacts on related natural resources. This includes linear footprint.

 

Linear Footprint

Linear footprint is any footprint that creates a linear ‘edge’ and can be described as a corridor or patch of land disturbance that is created for various purposes including a recreation trail, roadway, wellsite, land clearing, power transmission line, natural gas or oil transmission pipeline, industrial sites or cut blocks, seismic exploration, or utility line.

 

and substituting:

 

Land Disturbance

Human activity causes changes on the landscape from natural conditions, with associated impacts on related natural resources.

 

Footprint

As set out in Section 1(1)(m) of the Public Lands Administration Regulation (PLAR), footprint means the impact or extent of a disturbance and includes the intensity, frequency, and nature of any uses or activities related to the disturbance. This includes temporary and permanent human landscape alterations including patches and linear corridors of disturbance (e.g. roads, trails, well sites, industrial sites, land clearings, etc.). Footprint also includes the duration, timing and other factors (e.g. noise, scenic value) that are attributes related to the physical land disturbance.

 

12    Page 62, first sentence of the second paragraph is amended by striking out “Subregional and issue-specific planning in the region will use an integrated approach, with a deliberate purpose to simplify and implement a coherent planning hierarchy from the regional plan to subregional and issue-specific plans (e.g., linear footprint management, recreation management) to local plans (e.g., Majorville Guidelines for Land and Resource Management). and substituting Subregional and issue-specific planning in the region will use an integrated approach, with a deliberate purpose to simplify and implement a coherent planning hierarchy.

 

13    Page 68 is amended by striking out:

 

3.2. Develop a linear footprint management plan for Green Area and White Area public land in the region. Planning for priority areas including the Porcupine Hills and Livingstone areas will be completed by the end of 2015 and the remaining areas by the end of 2017 (see Appendix E – Integrated Approach for Subregional and Issue Specific Planning).

 

and substituting the following:

 

3.2. Implement the Livingstone – Porcupine Hills Land Footprint Management Plan.

 

3.2.1 Develop landscape management plans to address footprint management for remaining Green Area and White Area public land (see Appendix E – Integrated Approach for Subregional and Issue Specific Planning) by 2021.

 

14    Page 69 is amended by striking out:

 

This plan will outline a system to minimize the extent, duration and rate of linear footprint development in order to meet the objectives established in this regional plan and the biodiversity management framework. It will describe management actions and approaches that will be taken and requirements that will be applied. This will include approaches and requirements related to intensity of linear footprint, management of motorized access, mandatory use of Integrated Land Management tools; and direction on how and where such requirements will apply. It will also describe a practical system for monitoring, measuring and reporting on linear footprint.

 

For Green Area public lands, the linear footprint management plan will need to consider recreation management planning, species recovery plans such as Alberta’s grizzly bear recovery plan and other initiatives including those led by partners such as Watershed Planning and Advisory Councils.

 

For White Area public lands, the plan will include an approach to voluntary conservation offsets for native grasslands, where public land linear footprint could be voluntarily offset through agreements with landowners for conservation of intact grasslands on private land.

 

and substituting:

 

Land disturbances will be minimized through landscape management planning. Landscape management planning provides opportunities to:

·        Identify shared values and objectives;

·        Guide the extent, rate and duration of footprint to ensure continued access to resources, while protecting environmental values;

·        Identify strategic areas for restoration to effectively and efficiently meet objectives;

·        Identify place-based management strategies including the use of integrated land management tools;

·        Support and complement regional objectives set out in a biodiversity management framework;

·        Build on the innovative and collaborative work that industry is already doing;

·        Work collaboratively with Indigenous communities, municipalities, industry stakeholders, non-government organizations and the public, to achieve objectives.

 

For Green Area public lands, the landscape management plans will need to consider recreation management planning, adjacent land uses, species recovery plans such as Alberta grizzly bear recovery plan and other initiatives including those led by partners such as Watershed Planning and Advisory Councils.

 

For White Area public lands, the plan will include an approach to voluntary conservation offsets for native grasslands, where public land human footprint could be voluntarily offset through agreements with landowners for conservation of intact grasslands on private land.

 


 

15    Page 69, sidebar is amended by striking out:

 

The Integrated Land Management program includes tools to minimize the extent and duration of linear footprint including coordinated industry planning of major access corridors and associated development infrastructure; re-use of existing linear disturbances; and progressive and timely reclamation of linear disturbances.

 

and substituting the following:

 

Integrated Land Management includes tools to minimize the extent and duration of footprint including coordinated industry planning of major access corridors and associated development infrastructure; re-use of existing linear disturbances; and progressive and timely reclamation of linear disturbances.

 

16    Page 83 is amended by striking out the text and map under “Map 7: Long-Term River Network Monitoring Stations” and substituting the text and map under “Map 7: Long-Term River Network Monitoring Stations” as shown in Schedule F to this Appendix. 

 

17    Page 97 is amended

(a) by striking out

 

6.6 Develop comprehensive and integrated recreation management plans for lands in the Green Area working with communities, industry, other stakeholders and aboriginal peoples (see Appendix E–Integrated Approach for Subregional and Issue-Specific Planning).

 

and substituting the following:

 

6.6   Implement the Livingstone –Porcupine Hills Recreation Management Plan.

 

6.6.1 Develop comprehensive and integrated recreation management plans for remaining lands in the Green Area working with communities, industry, other stakeholders and aboriginal peoples (see Appendix E–Integrated Approach for Subregional and Issue-Specific Planning).;

 

(b) striking out the Table entitled “Priority Planning Areas and Timing Completion of Plans” and substituting the following:

 


 

19    Page 98 is amended by striking out the Table entitled “Area Name” and substituting the following:

 

 

20    Pages 116 – 117 are amended by striking out “Table 1: Regional Outcomes and Supporting Indicators” and substituting “Table 1: Regional Outcomes and Supporting Indicators” as shown in Schedule G to this Appendix.

 

21    Pages 118 – 121 are amended by striking out “Table 2: Regional Outcomes and Action Items” and substituting “Table 2: Regional Outcomes and Action Items” as shown in Schedule H to this Appendix. 

 

22    Page 127 is amended by striking out the text and map under “Appendix A: Transportation Initiatives Under Consideration” and substituting the text and map under “Appendix A: Transportation Initiatives Under Consideration” as shown in Schedule I to this Appendix. 

 

23    Page 130, the sub-bullet under the fourth bullet is amended by striking out “Tourism, Parks and Recreation will lead the process, inviting stakeholders to attend discussions and provide input into how they see these tourism destination areas develop.” and substituting “The Ministry responsible for tourism will lead the process, inviting stakeholders to attend discussions and provide input into how they see these tourism destination areas develop.

 

24    Page 130, last sentence of the last paragraph is amended by striking out “All strategies and plans will be led by Tourism, Parks and Recreation, with engagement with other ministries, aboriginal communities, local governments, stakeholders, industry and the public” and substituting “All strategies and plans will be led by the Ministry responsible for tourism, with engagement of other ministries, aboriginal communities, local governments, stakeholders, industry and the public.

 

25    Page 131 is amended by striking out the text and map under “Map 8: Tourism Destination Areas” and substituting the text and map under “Map 8: Tourism Destination Areas” as shown in Schedule J to this Appendix. 

 

26    Page 134, third paragraph is amended by striking out “Linear footprint management planning will be completed for Green Area and White Area public land. and substituting Landscape management planning will be completed for Green Area and White Area public land.

 

 

 

 

 

 

 

 

 

27    Page 136 is amended by striking out the Table entitled “Figure A: Priority Planning Areas and Timing for Completion of Plans” and substituting:

 

28    Page 137, first sentence of first paragraph is amended by striking out “In the eastern slopes, there will be coordination of linear footprint management planning and recreation management planning” and substituting “In the eastern slopes, there will be coordination of landscape management planning and recreation management planning”.

 

29    Page 137, second sentence of the third paragraph is amended by striking out “The linear footprint management planning will include an approach to voluntary conservation offsets for native grasslands, where public land linear footprint could be voluntarily offset through agreements with landowners for conservation of intact grasslands on private land.” and substituting “The landscape management planning will include an approach to voluntary conservation offsets for native grasslands, where public land footprint could be voluntarily offset through agreements with landowners for conservation of intact grasslands on private land.

 

30    Page 138, the third bullet is amended by striking out the following:

 

Inventory of land disturbance and usage, such as:

-       current linear footprint categorized by type;

-       trails categorized by type and use and staging areas and campgrounds;

-       key areas of linear footprint for restoration;

 

and substituting the following:

 

Inventory of land disturbance and usage, such as:

-       current footprint categorized by type;

-       trails categorized by type and use and staging areas and campgrounds;

-       key areas of footprint for restoration;


 

31    Page 139 is amended by striking out the following:

 

For example, for linear footprint management:

·        Identification of criteria for reduction of linear footprint with guidance from the South Saskatchewan Region Biodiversity Management Framework under development;

and substituting the following:

For example, for footprint management:

·        Identification of criteria for reduction of footprint with guidance from the South Saskatchewan Region Biodiversity Management Framework under development;

 

32    Page 140 is amended by striking out the text and map under “Map 9: Priority Subregional Planning Areas” and substituting the text and map under “Map 9: Priority Subregional Planning Areas” as shown in Schedule K to this Appendix.

 

33    Page 141 is amended by striking out the text and map under “Map 10: Public Land Recreation Areas Under Consideration” and substituting the text and map under “Map 10: Public Land Recreation Areas Under Consideration as shown in Schedule L to this Appendix.

 

34    Page 146 is amended by striking out the text and map under “Map 11: Castle Wildland Provincial Park and Castle Provincial Park” and substituting the text and map under “Map 11: Castle Wildland Provincial Park and Castle Provincial Park” as shown in Schedule M to this Appendix.

 

35    Page 150 is amended by striking out the text and map under “Map 13: Intact Native Grasslands” and substituting the text and map under “Map 13: Intact Native Grasslands” as shown in Schedule N to this Appendix.

 

36    Page 151 is amended by striking out the text and map under “Map 14: Irrigation Suitability on Intact Native Grasslands” and substituting the text and map under “Map 14: Irrigation Suitability on Intact Native Grasslands” as shown in Schedule O to this Appendix.

 

37    Page 154, the last sentence of the second paragraph is amended by striking out “This pilot is led by Alberta Agriculture and Rural Development and focuses on the following objectives:” and substituting “This pilot is led by the Ministry responsible for agriculture and focuses on the following objectives:”.

 

38    Page 155 is amended by striking out the text and map under “Map 15: Southeast Alberta Conservation Offset Pilot” and substituting the text and map under “Map 15: Southeast Alberta Conservation Offset Pilot” as shown in Schedule P to this Appendix.

 

39    Page 161, the first sentence is amended by striking out “Tourism, Parks and Recreation and Alberta Environment and Parks will collaborate with and engage aboriginal communities, municipal governments, stakeholders and the public to plan and develop a regional trail system plan.” and substituting “The Ministry responsible for environment will collaborate with and engage aboriginal communities, municipal governments, stakeholders and the public to plan and develop a regional trail system plan.”

 

 

 

40    Page 162, the third sentence of the last paragraph is amended by striking out “Maps and other information are available on the Alberta Environment and Parks and the Provincial Parks websites.” and substituting “Maps and other information are available on the Government of Alberta and Provincial Parks websites.”

 

41    The Regulatory Details are amended

 

(a)   in section 1(2)

(i)     in clause (b) by striking out “dated January 2017” and substituting “dated March 2018”;

 

(ii)  in clause (e) by adding the following after “(vi) Part 6: Recreation and Parks Areas”:

 

(vii) “Part 6.1: Landscape Management”;

 

(b)   in section 6(1)

(i)     by striking out “12(b),” and substituting “12(b) and (c),”;

(ii)  by adding “, 56.6(a)” after “54”;

(c)    in section 11(2)

(i)     by striking out “(d) subject to section15.1 of the Act, all other persons.” and substituting “(d) subject to section 15.1 of the Act, all other persons.”.

 

(d)   in section 12 striking out:

(a) managing ambient air quality triggers and limits for substances that in the opinion of the Designated Minister are indicators of the air quality effects of concern for the planning region, monitoring and evaluating the ambient air quality in the planning region, and

(b) evaluating the effectiveness of the framework in meeting the air quality objective stated in the  SSRP Implementation Plan.

and substituting the following:

(a)    managing ambient air quality triggers and limits for substances that in the opinion of the Designated Minister are indicators of the air quality effects of concern for the planning region,

(b)   monitoring and evaluating the ambient air quality in the planning region, and

(c)    evaluating the effectiveness of the framework in meeting the air quality objective stated in the SSRP Implementation Plan.”;

 

(e)    in section 24(2)(a) by striking out “H” and substituting “G”.

 

(f)    in section 24(3) by striking out “H” and substituting “G”.

 

(g)   in section 29 by striking out “relevantconservation” and substituting “relevant conservation”.

 

(h)   in section 41(b) by striking out: “provincial recreation area” means lands identified as a provincial recreation area as Map Areas “6” through “8”on the SSRP Map; and substituting: “provincial recreation area” means lands identified as a provincial recreation area as Map Areas “5” through “7” on the SSRP Map;

 

(i)     in section 43(1)(iii) by striking out “an approval under the Oilsands Conservation Actand substituting “an approval under the Oil Sands Conservation Act”;

 

(j)    section 43.1 is repealed;

 

(k)   by adding the following after section 47:

 

Castle Provincial Park

47.1(1) In respect of lands known as the Castle Provincial Park, the Minister responsible for the Forests Act shall not grant or renew any authority to harvest timber.

 

(2) Notwithstanding subsection (a), the Minister responsible for the Forests Act may grant or renew authority to remove timber for the purposes of the management of wildfire, insect and disease control.

 

(l)     in section 48(1)(a) by striking out “6” and substituting “5”.

 

(m)  in section 48(1)(b) by striking out “7” and substituting “6”.

 

(n)   in section 48(1)(c) by striking out “8” and substituting “7”.

 

(o)   in section 48(1)(iii) by striking out “Oilsands Conservation Act” and substituting “Oil Sands Conservation Act”;

 

(p)   in section 56 by striking out “8” and substituting “7”.

 

(q)   by adding the following after section 56:

 

Part 6.1: Landscape Management

 

Designated Minister

56.1 For the purposes of this Part, the Minister designated under section 16 of the Government Organization Act as the Minister responsible for the Public Lands Act is the Designated Minister.

 

Application of Part

56.2 This Part applies to the Livingstone Public Land Use Zone and the Porcupine Hills Public Land Use Zone as described in Schedule 4 of the Public Lands Administration Regulation (AR 187/2011).

 

Definitions

56.3 In this Part,

 

(a) “analysis unit” means the units shown on Map C-2 in Schedule “C”;

 

(b) “footprint plan” means the Livingstone-Porcupine Hills Land Footprint Management Plan;

 

(c) “highly erodible soils” means soils classified as High under ‘Erosion Hazard’ in the Derived Ecosite Phase dataset or by other means as published by the Minister responsible for the Forests Act;

 

(d) “limit” means the applicable limit specified in Table C-1 or C-2 of Schedule “C”;

 

(e) “motorized access” means the use of highways or designated  trails used by a motor vehicle;

 

(f) “motor vehicle” has the same meaning as in the Traffic Safety Act

 

(g) “near-stream motorized access” means motorized access on highly erodible soils within 100 metres of a water body;

 

(f) “official” means any person within the Designated Minister’s department as duly authorized by the Designated Minister;

 

(g) “open motorized access” is motorized access that meets the criteria in section 56.4(1);

 

(h) “planning zone” means the zones shown on Map C-1 in Schedule “C”;

 

(i) “restricted motorized access” is motorized access that meets the criteria in section 56.4(2).

 

 

Types of motorized access

56.4 (1) Open motorized access is motorized access by any person for any purpose

 

(a) on a highway designated by a road authority for public use within the meaning of the Traffic Safety Act, or

 

(b) on a trail designated for public use as identified on the Livingstone Public Land Use Zone map or the Porcupine Hills Public Land Use Zone map as published by the Designated Minister,

 

but does not include restricted motorized access.

 

(2) Restricted motorized access is motorized access authorized under a statutory consent that includes measures to

 

(a) restrict public access, and

 

(b) mitigate impacts to fish and wildlife, including two or more of the following:

 

(i) motor vehicle volume restrictions to manage wildlife risks;

(ii) motor vehicle speed limits to manage wildlife risks;

(iii) motor vehicle timing restrictions;

(iv) motor vehicle noise restrictions; or

(v) road construction standards to manage sedimentation and surface erosion risks.

 

 

 


 

Designated Minister’s determination final and binding

56.5(1) The Designated Minister in the exercise of the Designated Minister’s powers and duties under this Part may determine whether a limit has been exceeded for the purposes of this Part.

 

(2) The Designated Minister’s determination is final and binding on

 

(a) the Crown,

 

(b) decision-makers,

 

(c) local government bodies, and

 

(d) subject to section 15.1 of the Act, all other persons.

 

Programs to manage motorized access

56.6 In respect of the footprint plan, the Designated Minister shall establish and maintain programs

 

(a) managing coordinated systems among decision-makers for monitoring, tracking and communicating limits, and

 

(b) evaluating the effectiveness of the footprint plan in meeting the biodiversity and ecosystem objective stated in the SSRP Implementation Plan.

 

Notice respecting limits

56.7(1) If, in the opinion of the Designated Minister, a limit has been exceeded, an official shall issue a notice specifying:

 

(a) the limit that, in the opinion of a Designated Minister, has been exceeded, and

 

(b) the decision-maker or decision-makers affected by the notice.

 

(2) A notice referred to in subsection (1) shall be publicly available.

 

Management response

56.8(1) If the Designated Minister determines that a limit has been exceeded, an official shall initiate a management response under the footprint plan.

 

(2) The Designated Minister may specify actions to be taken by affected decision-makers in respect of a management response referred to in subsection (1).

 

(3) An official referred to in subsection (1) shall as soon as practicable report to the Designated Minister in writing the details and the effects of the management response.

 

(4) A report referred to in subsection (3) shall be publicly available.

 

42.   Page 193 is amended by inserting “Schedule C: Land Footprint Management Plan Maps and Limits” as shown in Schedule Q to this Appendix.

 

43.   Page 207 is amended by striking out the text and map under “Schedule C: South Saskatchewan Regional Map” and substituting the text and map under “Schedule D: South Saskatchewan Regional Map” as shown in Schedule R to this Appendix. 

 

44.   Schedule C” is struck out wherever it occurs and “Schedule D” is substituted.