Expedited 120-Day Approvals Act

EXPEDITED 120-DAY APPROVALS ACT Chapter E-12.8 Table of Contents 1 Definitions 2 Application 3 Review of application 4 Designation as qualified project 5 120‑day time frame for approvals 6 Rescission of qualified project designation 7 Relationship to other enactments 8 Regulations 9 Coming into force HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “approval” means an approval, permit, licence, registration, authorization, disposition, certificate, allocation, declaration or other instrument or form of approval or consent under a prescribed enactment; (b) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (c) “prescribed enactment” means an enactment prescribed by the regulations; (d) “project” means a physical activity carried out in Alberta that requires an approval; (e) “proponent”, in relation to a project or qualified project, means the person that proposes to carry out the project or qualified project; (f) “qualified project” means a project designated as a qualified project under section 4(1). Application 2 (1) A proponent of a project may apply to the Minister for the project to be designated as a qualified project. (2) An application must be made in a form and manner acceptable to the Minister and must include the following: (a) the contact information and legal name of the proponent; (b) a description of the project; (c) the anticipated time frame for completion of the project; (d) the minimum capital spending threshold for the project; (e) a list of the approvals required for the project that are known to the proponent; (f) proof acceptable to the Minister of the status of the environmental impact assessment reports, if any, required to be prepared and submitted under Part 2 of the Environmental Protection and Enhancement Act for the project; (g) proof acceptable to the Minister of the status of any planned, ongoing or completed consultations with Indigenous communities respecting the project; (h) any additional information required under subsection (4). (3) The Minister must, in a form and manner and within the time frame determined by the Minister, confirm to a proponent receipt of an application made by the proponent. (4) The Minister may, at any time before or after the application is made, require a proponent to include in the proponent’s application any additional information the Minister considers relevant. (5) A requirement under subsection (4) to include additional information may be general or specific in its application. (6) If a proponent is required under subsection (4) to include additional information in the proponent’s application after the proponent made the application, the proponent must include the additional information in a form and manner acceptable to the Minister and within the time frame determined by the Minister. Review of application 3 (1) The Minister must review an application made under section 2 and (a) deny the application, or (b) recommend to the Lieutenant Governor in Council that the project that is the subject of the application be designated as a qualified project. (2) The Minister must, in accordance with the regulations, give notice to a proponent of a denial of the proponent’s application under subsection (1)(a). (3) When deciding whether to deny an application under subsection (1)(a) or to make a recommendation under subsection (1)(b), the Minister may consider (a) whether the application was made in a form and manner acceptable under, and includes the information required by, section 2(2), (b) whether any additional information required under section 2(4) to be included in the application after the application was made was included in a form and manner acceptable, and within the time frame determined, under section 2(6), (c) whether the project strategically aligns with the Government’s priorities, goals and outcomes, (d) whether the project is of strategic importance to Alberta’s economy through increased investment, jobs, Government revenues and economic activity, (e) whether the benefits of the project outweigh any residual impacts, (f) whether the minimum capital spending threshold for the project exceeds $250 million, (g) whether the project advances national and provincial security by recognizing provincial autonomy and respecting Alberta’s areas of provincial jurisdiction, and (h) any other factor the Minister considers relevant. Designation as qualified project 4 (1) After receiving a recommendation made under section 3(1)(b), the Lieutenant Governor in Council may, by order, designate the project as a qualified project. (2) An order made under subsection (1) must set out the approvals required for the qualified project and, for each approval set out, the date by which the decision respecting the approval must be made in accordance with section 5. (3) If additional approvals are required for a qualified project, the Minister may recommend to the Lieutenant Governor in Council that the Lieutenant Governor in Council continue the qualified project’s designation. (4) After receiving a recommendation made under subsection (3), the Lieutenant Governor in Council may, by order, continue the qualified project’s designation. (5) An order made under subsection (4) must set out the additional approvals required for the qualified project and, for each approval set out, the date by which the decision respecting the approval must be made in accordance with section 5. (6) An order made under subsection (1) or (4) must be published in The Alberta Gazette as soon as practicable, and by no later than 60 days, after the order is made, and the Minister must provide a copy of the order as soon as practicable to the proponent of the qualified project. 120‑day time frame for approvals 5 A decision respecting an approval required for a qualified project must be made within the lesser of (a) 120 business days from the date an order made under section 4(1) or (4) that sets out the approval is published under section 4(6), and (b) the time frame for making the decision set out in the prescribed enactment that requires the approval. Rescission of qualified project designation 6 (1) If, in the Minister’s opinion, extraordinary circumstances that materially affect a qualified project arise, the Minister may recommend to the Lieutenant Governor in Council that the qualified project’s designation be rescinded. (2) After receiving a recommendation made under subsection (1), the Lieutenant Governor in Council may, by order, rescind the qualified project’s designation. (3) An order made under subsection (2) must be published in The Alberta Gazette as soon as practicable, and by no later than 60 days, after the order is made, and the Minister must provide a copy of the order as soon as practicable to the proponent of the project. Relationship to other enactments 7 If a provision of this Act is inconsistent or in conflict with a provision of another enactment, the provision of this Act prevails unless another Act expressly provides that the other enactment, or a provision of it, prevails despite this Act. Regulations 8 The Lieutenant Governor in Council may make regulations (a) prescribing enactments for the purposes of this Act; (b) respecting notice given under section 3(2), including regulations respecting (i) the form and content of notice, (ii) the manner of giving notice, and (iii) confirmation and presumption of receipt of notice; (c) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act. Coming into force 9 This Act comes into force on Proclamation.