Transcript Mineral Rights in Alberta

Mineral Rights
in Alberta
Alberta Department of Energy
Alberta Energy 2004
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The Mineral Rights Context
in Alberta
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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 nonrenewable resources as a sovereign
and as an owner
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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
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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
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Access to resources
Fair economic return
Effective regulatory framework
Protection of the environment
Alberta Energy 2004
Ministry of
Environment
Department
of
Environment
Department
of Energy
Ministry
of Energy
Alberta
Energy and
Utilities
Board
Access to Resource
Fair Return
Environmental
Approval
How the Alberta
Government
Carries Out Its
Department
Role
Sustainable
Resource
Development
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Resource
Developmen
t
Access to
Surface
Surface
Rights Board
Regulatory
Approval
Natural Resources
Conservation
Board
Ministry of Sustainable
Resource Development
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
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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
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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