ADDITIONS TO THE COUNCIL AGENDA March 31, 2021

ITEM REQUESTED PAGE *1. Bylaw 66/2020 – Temporary Road Bylaw HRC 2 *2. Granary Road – Appeal of Fire Board Decision RS 4 *3. STARS - 2020 Impact Report HRC 6 *4. Foothills Kinettes 11th Annual Ladies Night Out SO 16 *5. Riparian Setback Matrix Model Guide & Slope Escarpment Guidelines RDM 19 *6. Communities For Life Charity Golf Tournament RP 92 7. Abild’s Internal Subdivision Road HRC 8. Budget Discrepancies RS 9. School Proposed Project – Stock Millarville Pond JP 10. CONFIDENTIAL - Closed Meeting of Council – Intermunicipal Items - RP FOIP s. 23

REMINDERS

BYLAW 66/2020

BEING A BYLAW OF FOOTHILLS COUNTY TO OPEN A TEMPORARY ROAD ON PRIVATE LANDS UNDER THE DIRECTION, CONTROL AND MANAGEMENT OF FOOTHILLS COUNTY

WHEREAS this Bylaw may be cited as the “Foothills County NE 35-22-05 W5M Road Project Temporary Road Bylaw.”

WHEREAS pursuant to Section 26 of the Municipal Government Act, Revised Statutes of 2000, and amendments thereto, a Council may pass a bylaw to open a temporary road or a temporary right of way on private lands; and

WHEREAS there is an existing gravel roadway on the private lands described below which is used by members of the public for access to their lands; and

WHEREAS Foothills County deems it to be in the public interest to open a temporary road on private lands to ensure that the roadway may be used by the public until a permanent road may be opened;

NOW THEREFORE the Council of Foothills County, duly assembled, hereby enacts as follows:

1. A temporary road shall be opened upon and across those private lands legally described as:

MERIDIAN 5 RANGE 5 TOWNSHIP 22 SECTION 35 QUARTER NORTH EAST EXCEPTING THEREOUT ALL MINES AND MINERALS AREA: 61.37 HECTARES (151.66 ACRES) MORE OR LESS

(hereinafter referred to as the “Private Lands”)

Such temporary road shall be approximately 10 meter wide and shall be located on and across the westerly portions of the Private Lands all as shown outlined in red in the Attached Schedule “A”.

2. Foothills County shall maintain the temporary road as is necessary from the effective date of this Bylaw.

3. The owner or occupant of the Private Lands may be entitled to compensation from Foothills County for the use of the temporary road or for loss or damage caused by the temporary road in such amount as may be agreed upon or as determined by the Land Compensation Board.

4. The temporary road shall be open until July 6, 2021, which is a period of six (6) months from the effective date of this Bylaw.

5. This Bylaw shall have effect on the date of its third reading and upon being signed.

First Reading: December 16, 2020

REEVE

CAO

page 2 Second Reading:

REEVE

CAO

Third Reading:

REEVE

CAO

PASSED IN OPEN COUNCIL assembled at the Town of in the Province of Alberta this day , 20 .

page 3 From: Bret Walter Sent: March 22, 2021 2:33 PM To: Sherri Barrett Cc: Alan Alger Subject: Re: Fireboard appeal

Hello Sherri,

I'd like to appeal the Fire Board decision for Granary Road.

Regards, Bret Walter

page 4 Mar 1, 2021

To Erin Bucknell

I am writing this letter to advise you that Foothills County Fire Board has reviewed your letter Feb 22, 2021, which you have requested a review of the invoice #IVC000027640 for the amount of $1,200.00.

Our records show 13 False Alarm / Alarm Bells Incidents over the past 3 years. • 2018 - 7 incidents • 2019 – 3 incidents • 2020 – 3 incidents

It was the decision of Foothills County Fire Board at this time to uphold the invoice.

Please be advised, Foothills Fire Department Rates and Fees as contained in Bylaw 53/2020 for Alarm Bells calls.

• 1st False Alarm / Alarm Bells Call - No Cost. • Subsequent False Alarm / Alarm Bells Call - $600.00 per apparatus.

Fees will not be charged for the following:

• First response to a “False Alarm / Alarm Bells” within a 12-month consecutive period.

As part of the Foothills Fire Departments Due Diligence our Standard Operating Procedures SOP-0023 reads:

• If responding units are stood down at hall or on route to an alarm call, the responding units will continue with the call with a cold response to investigate and verify the stand down order.

Please be aware you can purchase protective covers to put over the pull stations that will help prevent malicious activation or accidental damage to the pull stations.

If this decision is unacceptable then you may appeal directly to the Foothills County Council.

Sincerely,

Rick Saulnier Fire Chief Foothills Fire Department Foothills County

page 5 ALLY IMPACT FOOTHILLS COUNTY REPORT page 6

In 2020, Foothills County generously contributed $20,000 towards STARS flight operations from the base that serves the southern region of Alberta - THANK YOU. With your partnership we continue fighting for the lives of people who work, play, and travel across the prairie provinces.

We are sincerely grateful for your commitment, which helped STARS carry out 2,969 flights across Western during the past year, with 1,325 in Alberta alone. Our Emergency Link Centre (ELC) handled 31,136 emergency requests (an average of 86 per day). Additionally, our crew facilitated education and training for 773 medical personnel in rural Alberta. Your support also helps us improve and enhance our responsiveness to every patient’s unique situation. This year, because of generous support from donors like you, STARS was able to upgrade our cardiac monitors, begin the replacement of our night vision goggles as well as our simulation training mannequins, which are used to ensure our crews remain confident and prepared to handle a variety of medical and trauma incidents.

For more than 34 years, our success has been grounded in community support and partnerships. Through tough times, we are so appreciative to have allies like you behind us. It's because of you that we are able to put the right tools in the hands of the best talent. This doesn’t just save time, it saves lives.

Once again, a heartfelt thank you from all of us at STARS.

page 7 FOOTHILLS COUNTY 2020 MISSION STATISTICS

In 2020, because of your support, STARS was able to carry out 30 scene and search and rescue missions within Foothills County, as well as 17 critical inter-facility transfer missions from the Black Diamond and High River hospitals. Thank you for helping to support the residents of Foothills County in the communities and areas where they live, work and play.

Thank you for your steadfast commitment to STARS since 1996. Your commitment helps STARS maintain the highest level of critical care for your residents and ensures that health and safety is of the utmost priority.

page 8 BEHIND THE SCENES STARS EMERGENCY LINK CENTRE (ELC) AND TRANSPORT PHYSICIANS

Because of donors like you, STARS has the ability to be involved very early in a patient's journey, which is vital to a positive outcome.

Behind the scenes, through the STARS Emergency Link Centre we are able to instantly connect an emergency critical care Transport Physician with local dispatch agencies to collaboratively determine the most appropriate, available resources and the level of care required for each patient.

STARS Transport Physicians guide a patient's critical care path through physician-to-physician consultation with the sending hospital, orchestrate complex logistics, and facilitate with intensive care and trauma physicians at the appropriate receiving hospitals.

Your partnership with STARS, ensures that we will continue to fight for the lives of the next patient who needs us. Your residents may take comfort in knowing that they have access to STARS across Western Canada.

page 9 - STARS VERY IMPORTANT PATIENT, WADE CASSIDY AND WIFE, THEA “WELCOME BACK, WADE.” STARS Very Important Patient Wade Cassidy “I’ll never forget that day,” said Lybeck. will never forget those three words, spoken “When you’re dispatched for a patient who by his flight nurse. Just seconds before, is having a heart attack and is that young, Cassidy was having a massive heart attack. it stands out.” As the STARS crew weighed the options, Cassidy went into cardiac arrest “Everything went clear. Not black, but again. He was flown to hospital where the everything went clear, it was a very euphoric medical team was able to repair his heart. feeling, and that was actually me going into cardiac arrest,” said Cassidy. For Cassidy, who feels like he received a second chance at life, he is not only grateful Suddenly, he received a jolt of electricity and to STARS, but also to the allies who made awoke to flight nurse Crystal Lybeck’s voice his mission possible. and those three words: “Welcome back, Wade.” “Every day that you wake up and put your socks on is a gift,” Cassidy said. “Give your Cassidy had been taking the docks in from wife that extra hug. Give your kids that the lake when he started feeling nauseous, extra hug even if you’re embarrassing them and like an elephant had taken up residence because every day is a gift.” in his chest. As an ambulance arrived at the dock, an emergency room doctor who happened to be at the lake came by. He advised the paramedics to call STARS. page 10 WHERE YOUR SUPPORT GOES

Time can make the difference between life and death, or between intervention and irreversible impacts. Because of the rapid onset of our patient Wade Cassidy’s TIME cardiac arrest, time was not on his side. Your support meant he arrived 18% at hospital in time to save his life. Saving time saves lives.

You ensure we have the right tools to save lives. Not only was STARS Emergency Link Centre pivotal in deploying our crew, coordinating first responders and connecting TOOLS with the receiving medical centre, the equipment onboard was essential in helping stabilize Wade’s 20% condition.

Our people are our biggest asset. Crew members, like flight nurse Crystal Lybeck and paramedic Glen Pilon, make a difference for patients like Wade and their families every TALENT day. Our crews are selected because of their aptitude and commitment to being the best in 62% trauma care.

page 11 OUR MISSION LOCATIONS

STARS is proud to provide critical care to the ill and injured throughout Western Canada. From eastern British Columbia to Manitoba, we are able to be there for the next patient who needs us most thanks to support from our allies.

GRANDE PRAIRIE

EDMONTON

SASKATOON

CALGARY REGINA WINNIPEG

page 12 2019/20 Missions

SINCE 1985, STARS HAS FLOWN MORE THAN 45,000 MISSIONS ACROSS WESTERN CANADA.

Below are 1,325 STARS missions carried out during 2019/20 from our bases in Calgary, and .

ALBERTA 1,255 Acme 1 Airdrie 5 Alberta Beach 4 1 Alexander First Nation 2 Alexis Nakota Sioux Nation 3 Alix 4 Anselmo 1 Athabasca 10 Atikameg 5 Banff 21 Barons 1 Barrhead 7 Bassano 7 Bawlf 1 Bear Canyon 1 Beaumont 1 1 Beaverlodge 7 Beiseker 3 Bentley 1 Berwyn 2 Bezanson 1 Black Diamond 9 Blackfalds 1 Blackie 1 Blairmore 4 Blue Ridge 1 Blueberry Mountain 1 Bon Accord 1 Bonnyville 19 Bow Island 1 Bowden 4 Boyle 6 Breton 1 Brooks 21 Buck Lake 1 Burmis 1 Busby 1 4 1 Calgary 1 Calling Lake 1 Calmar 4 Camrose 26 Canmore 9 Carbon 2 Cardiff 1 2 Caroline 3 3 Carstairs 3 Castor 7 Cayley 1 Cereal 1 Cheadle 3 Cherhill 1 2 Chip Lake 1 Chipman 1 Claresholm 8 Clear Prairie 1 1 Cline River 2 Clyde 1 Coal Valley 1 Cochrane 1 Cold Lake 18 Colinton 2 Comet 1 Condor 1 Consort 1 Coronation 2 Cowley 1 Cremona 1 Crossfield2 1 Darwell 1 Daysland 5 De Winton 3 Debolt 3 Delburne 1 Devon 1 Didsbury 19 Drayton Valley 17 Driftpile 3 Drumheller 18 Duffield3 Eaglesham 1 Edberg 1 Eden Valley First Nation 2 Edson 6 Elbow Falls 6 Elk Point 9 Embarras 1 1 Entwistle 1 Evansburg 4 1 Fairview 10 Fallis 1 Ferintosh 2 Flatbush 1 Foremost 1 1 Fort Macleod 12 Fort McMurray 1 3 Fox Creek 6 Frog Lake First Nation 1 Ghost Lake 2 Gibbons 1 Gift Lake 1 Girouxville 1 Gleichen 7 Gold Creek 1 3 Goodfish Lake2 Gordondale 1 9 Grande Prairie 23 Grimshaw 2 Grovedale 15 Gunn 2 Guy 1 Halkirk 1 Hanna 5 Hardisty 2 Hespero 1 High Prairie 22 High River 5 Hill Spring 2 Hines Creek 1 Hinton 9 Holden 1 Horse Lake First Nation 3 Hotchkiss 1 Hussar 2 Hythe 1 Indus 2 Innisfail 2 Irma 1 Irricana 2 Island Lake 1 Jasper 10 1 Kananaskis Village 3 Kapasiwin 1 1 Killam 7 1 1 Lac La Biche 4 Lac la Nonne 1 Lacombe 4 Lake Louise 5 Lamont 3 Langdon 2 Leduc 2 Legal 1 54 Linden 4 Little Buffalo 4 2 15 Lomond 1 Longview 2 Madden 1 Magrath 1 Ma-Me-O Beach 2 Manning 4 5 Mayerthorpe 8 McLennan 3 5 Millarville 3 Millet 3 Milo 1 Mirror 1 Morley 2 1 Mulhurst 5 Munson 1 Muskeg River 3 Nanton 6 1 1 Nojack 1 3 O’Chiese First Nation 2 2 Olds 10 Onoway 3 Oyen 3 Peace River 8 Pearce 1 Peavine 1 Peers 1 Penhold 1 Pincher Creek 11 Pipestone Creek 1 Plamondon 3 Ponoka 10 Provost 5 Raymond 4 Red Deer 67 1 Redwater 6 Rich Lake 1 Rimbey 6 Rivière Qui Barre 1 Rochester 3 Rocky Mountain House 22 Rosemary 1 Rycroft 2 Ryley 3 Saddle Lake Cree Nation 2 Saskatchewan River Crossing 3 Seba Beach 1 Sexsmith 2 Siksika Nation 2 Silver Valley 1 Slave Lake 6 Smith 1 Smoky Lake 12 Speddin 1 Spirit River 12 1 Spring Lake 1 St. Albert 2 St. Paul 31 Standard 1 Stettler 17 Stirling 1 Stoney Nakoda First Nation 3 Stony Plain 6 Strachan 1 Strathmore 16 Strome 1 Sturgeon Heights 2 Sunchild First Nation 4 Sundre 17 Sunnybrook 1 Swan Hills 4 Sylvan Lake 1 Taber 13 3 Thorsby 2 Three Hills 4 Tilley 1 Tofield4 Tomahawk 1 Torrington 1 Travers 1 Trochu 1 Trout Lake 1 1 Two Hills 5 Valhalla 2 Valleyview 8 Vauxhall 1 Vegreville 10 Vermilion 7 Viking 5 Vilna 2 Vulcan 4 Wabasca 3 Wagner 1 Wainwright 9 Waiparous 1 Wanham 1 Water Valley 2 1 1 Wembley 6 2 Westlock 12 36 Whitecourt 10 Winfield2 Woking 2 Worsley 1

BRITISH COLUMBIA 70 Canal Flats 2 Chetwynd 3 Cranbrook 6 Dawson Creek 2 Donald 1 Elkford 1 Endiver 1 Fernie 13 Field 1 Fort St. John 3 Golden 8 Hudson’s Hope 1 Invermere 13 Jaffray 2 Mount Robson 1 Sparwood 2 Spillimacheen 1 Sunset Prairie 1 Taylor 1 Tomslake 1 Tumbler Ridge 2 Valemount 2 Wonowon 2

Our fiscal year runs from April through March. Missions may have been scene calls in the area closest to the listed communities.

page 13 page 14 Glenda Farnden Sr. Municipal Relations Liaison STARS Foundation 780-512-6205 [email protected]

1-888-797-8277 | stars.ca | [email protected]

page 15 From: Foothills Kinettes LNO Sent: March 24, 2021 11:34 AM To: Foothills Kinettes Subject: Foothills Kinettes LNO 2021

Good morning!

The Foothills Kinettes are excited to be hosting LNO 2021: Pedals & Pearls in support of the Boys & Girls Club of the Foothills.

We are currently seeking sponsorship for our COVID-safe version of our traditional LNO event, a comedy evening for the gals at High River Sunset Drive-In complete with elements of our gala like a silent auction, VIP Area, 50/50 draws, and jewellery door prize giveaway.

The Foothills Kinettes proudly support initiatives, groups and charities that benefit families, women and children. As the only Kinette club between Calgary and Vulcan / Claresholm, we try to help anyone in need in the entire Foothills region, following our Kin Canada national motto: Serving the Community's Greatest Need.

I have attached a sponsorship letter for LNO 2021: Pedals & Pearls. We are looking forward to another fabulous event, as different as it may be, for a great Foothills cause!

Thank you for your consideration,

Krista Conrad

LNO 2020 Chair Foothills Kinettes

page 16

Dear Sir or Madam;

It’s been a strange year for everyone, but we have decided it’s time for a little lighthearted fun and fundraising!

The Foothills Kinettes are very excited to host their 11th annual Ladies Night Out: “Pedals and Pearls” on Saturday, May 29 at the High River Sunset Drive-In. The evening will bring ladies from the Foothills and area a comedy show by Yuk Yuk’s On Tour, silent auction, 50/50 draws, and a jewelry door prize giveaway, all in an effort to raise funds for the Boy and Girls Club of the Foothills, and support Kin Canada supported charities such as Cystic Fibrosis research.

Our Ladies Night Out (LNO) will include a VIP Area, which will be part of a draw in which ladies can participate. This area will be under an event tent with lounge chairs, specially decorated and will include various prizes such as gift certificates, jewelry, butler service and more for the lucky draw winner and the friends from her vehicle.

We understand the past year has been difficult for many people and businesses, and we are sincerely grateful for any sponsorship and donations we may receive. We appreciate the support of our community in the following ways:

Tickets: Tickets are $100 per vehicle, with a limit of six per car.

Gift-in-Kind Donation: Silent auction, raffle or door prize will generate recognition for your company during the event, while providing us with another way to help the community. Items supplied specifically for the “VIP Area” receive bonus advertising as they are announced during ticket sales for the draw.

Cash Donation: A cash donation for the event will be used at the LNO committee’s discretion for the purchase of prizes, such as jewelry or items for the “VIP Area.”

Sponsorship Benefits Amount

Diamond Logo on poster and advertising, shout outs on social $500 + Sponsor media, special mention on the event screen

Special mention on the event screen, shout-outs on Emerald Sponsor $300 - $499 social media

Ruby Sponsor $150 - $299 Special mention on event screen

Pearl Sponsor Up to $150 Special mention on event screen

These are great ways for your company to get involved and help our event become a huge success, allowing us to give back to the local community!

Please call or email today, to let us know how you are able to help with the Foothills Kinettes’ 11th annual Ladies Night Out.

Thank you in advance for your support.

Krista Conrad Foothills Kinettes [email protected]

page 17

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Discussion Paper: Environmental Reserve in Alberta

Kelly Learned, Miistakis Institute

page 67Innovative research. Engaged communities. Healthy landscapes.

Discussion Paper: Environmental Reserve in Alberta Prepared by Kelly Learned

August 2017

Miistakis Institute Rm U271, Mount Royal University 4825 Mount Royal Gate SW Calgary, Alberta T3E 6K6

Phone: (403) 440-8444 Email: [email protected] Web: www.rockies.ca

page 68

Contents About this Paper ...... 4 Introduction ...... 4 Background ...... 4 Methodology ...... 5 Legislative Intent of Environmental Reserve ...... 5 Application of Environmental Reserve ...... 8 Conservation Tools Survey Results ...... 8 Examples of Environmental Reserve Use ...... 12 The Changing Definition of Environmental Reserve .. 16 Observations on Intent and Use of Environmental Reserve ...... 19 Environmental Reserves and Conservation Reserves 20 Conclusion and Next Steps ...... 23 References ...... 25

page 69

About this Paper

Introduction Miistakis has developed this discussion paper to outline the intent of Environmental Reserve as per the Municipal Government Act (MGA), how it is applied across Alberta, and to provide observations on the implications of how the new Conservation Reserve tool may affect Environmental Reserve application by municipalities. Background It has been argued that traditionally, Alberta municipalities have not been directly empowered to regulate or protect the environment because they are created by and derive their powers primarily from the MGA. Under the MGA, municipalities can only exercise their powers for municipal purposes which are broadly stated in the Act. Up until recent amendments to the MGA, municipal purpose was: to govern effectively, provide public services and infrastructure, and develop and maintain healthy communities. Generally speaking, municipalities were not directly empowered to regulate or protect the environment (Mallet, 2005).

In 2016, the Alberta legislature approved amendments to the MGA which included an addition to the municipal purpose: “to work collaboratively with neighbouring municipalities to plan, deliver and fund intermunicipal services” (Province of Alberta, 2016). Still no mention or recognition of the role municipalities have in protecting or stewarding the environment.

After the 2016 amendments were approved, the Province hosted another round of discussions to address gaps identified in the 2016 amendments. Currently the Alberta Government is considering adding another municipal purpose to guide the actions of municipalities - “environmental well-being” (Province of Alberta, 2017). While it is unclear what environmental well-being means, it is the first recognition in the MGA that one of the municipal purposes relates to the environment. Municipalities have traditionally taken on the responsibility as environmental stewards in their communities regardless of whether or not it was specified as a municipal purpose in the MGA. One of the tools that has been used indirectly to help achieve environmental stewardship (or, as is now being termed environmental well-being), is Environmental Reserve dedication.

MIISTAKIS INSTITUTE DISCUSSION PAPER: ENVIRONMENTAL RESERVES IN ALBERTApage 70 4

The author’s research revealed municipalities have applied Environmental Reserve in ways that either indirectly or at times directly benefit the environment, though the intent in the MGA is to avoid development on hazardous lands, prevent pollution, preserve natural drainage courses and ensure access to water bodies. Methodology The Miistakis Institute developed a survey and completed six interviews with municipal staff to seek information from municipalities regarding how they currently use existing and newly proposed environmental conservation tools, and what resources would best support improved use of these tools. Tools included in the survey were environmental reserves, environmental reserve easements, conservation easements, and the newly proposed Conservation Reserves. The survey was distributed in March and April, 2017 by the Alberta Urban Municipalities Association (AUMA), the Alberta Association of Municipal Districts and Counties (AAMDC), and the Alberta Professional Planning Institute (APPI). There were 35 respondents, and completion or participation in the questions varied from section to section. The respondents represented jurisdictions in all areas of Alberta and included those working for both urban and rural jurisdictions. This survey was not statistically representative due to the small number of respondents and completion rates, however it did provide insights into how Environmental Reserve is being applied in some municipalities.

The survey provided a starting point for the project and supplemental research was completed to analyze the intent of Environmental Reserve policy in the MGA, as well as its use by Alberta municipalities in land use planning.

Legislative Intent of Environmental Reserve

Division 8 of the MGA (Province of Alberta, 2000) gives subdivision authorities the power to require a subdivision applicant to dedicate land for specified municipal purposes. Where land is taken as reserve, the municipality takes title to the land. Municipal and Environmental Reserves can be required to preserve natural features and open spaces. However, the Act restricts the amount and type of land that can be required, limiting the usefulness of reserves for ecosystem protection (Mallet, 2005).

Frederick A. Laux, Q.C. in his text Planning Law and Practice in Alberta describes the purpose of Environmental Reserves as:

MIISTAKIS INSTITUTE DISCUSSION PAPER: ENVIRONMENTAL RESERVES IN ALBERTApage 71 5

“For the purpose of preventing environmental degradation that might result from development, and to guarantee against private development occurring on hazardous land that might result in damage to persons or property, the Act permits a subdivision authority to require the dedication of potentially problematic land encompassed in the subdivision application. Such land is to be dedicated as an “Environmental Reserve”. More specifically, land that consists of a swamp, gulley, ravine or coulee, or which is a natural drainage course, as well as land that is subject to flooding or is, in the opinion of the subdivision authority, unstable, may be required to be dedicated regardless of how much of the subject land falls within those descriptions. In addition, as a means of preventing pollution or to provide public access, a subdivision authority can require an owner to dedicate a strip of land of not less than six metres in width abutting the bed and shore of any lake, river, stream or other body of water as an Environmental Reserve” (Frederick A. Laux, 2013).

Laux goes on to clarify that while a subdivision officer has discretionary authority for taking Environmental MGA sections informing Reserve, this must be exercised within the Environmental Reserve confines of established legal principles. The objective of section 664 of the MGA is s. 664 Environmental reserve s. 671 Use and disposal of reserve land to secure the physical integrity of a s. 676(1) Changes to environmental proposed subdivision to guard against reserve’s use of boundaries developments that might endanger s. 677 Road, etc., over reserve land persons or property. Therefore, according to Laux, in theory, Environmental Reserve is not to be used to secure ‘pleasing’ natural areas or to provide permanent wildlife habitat (Frederick A. Laux, 2013). This is demonstrated in a City of Calgary report to their Utilities and Environment Committee in 2007. The report states:

“The definition of Environmental Reserve (ER) allows for a fairly narrow interpretation of the conditions under which a setback of six metres or more would be permitted. Specifically, it would be necessary to demonstrate that such a setback will prevent pollution or is needed to ensure public access. Additional setback widths to provide for buffering, habitat protection, wildlife corridors, general open space or other potentially desirable attributes cannot be provided by means of Environmental Reserve” (City of Calgary Utilities and Environmental Protection, 2007).

MIISTAKIS INSTITUTE DISCUSSION PAPER: ENVIRONMENTAL RESERVES IN ALBERTApage 72 6

There are three other sections in the MGA that affect Environmental Reserves. Section 671(1) of the MGA allows Environmental Reserve to be used as a public park or, if not used as a park, it must be left in its natural state. Public park in this case does not involve intensive recreational uses that require substantial improvements, rather public park refers to allowing public access to the environmental reserve for passive recreational use. (Frederick A. Laux, 2013)

Although section 671 restricts the use of land designated as Environmental Reserve, there is a mechanism for expanding the Division 9 uses. A council may pass a bylaw to authorize the use of Environmental Reserve Use and Disposal of Reserve Land for other purposes after advertising the Use of reserve land, money 671(1) Subject to section 676(1), proposed bylaw (s.606) and holding a environmental reserve must be left in public hearing. The MGA is not explicit in its natural state or be used as a public what uses a council may authorize, but park. (Province of Alberta, 2000) Laux infers that such uses would likely be those that are consistent with the purposes for taking the land as Environmental Reserve: “It would seem quite illogical to allow a municipality to take Environmental Reserve only to use it as a site for something like a fire hall”. (Frederick A. Road, etc., over reserve land Laux, 2013) 677 Despite section 671, a municipality Environmental Reserve may also be used or a municipality and a school board for the construction, installation and may authorize (a) the construction, installation and maintenance of a public or private utility maintenance, or any of them, of a within, on, over or under the reserve land, roadway, public utility, pipeline as or to maintain and protect other reserve defined in the Oil and Gas Conservation land as long as it does not adversely affect Act or transmission line as defined in the public interest (s.677). the Hydro and Electric Energy Act on, in, over or under reserve land, or Laux observes that subdivision planning is (b) the maintenance and protection of reserve land, a negotiation and at times a developer may

strategically provide an area to the if the interests of the public will not be municipality that may go beyond the adversely affected. (Province of objectives outlined in s. 664 of the MGA in Alberta, 2000) order to gain other advantages during the

MIISTAKIS INSTITUTE DISCUSSION PAPER: ENVIRONMENTAL RESERVES IN ALBERTApage 73 7

subdivision application process. (Frederick A. Laux, 2013). To some the MGA has clear intentions regarding Environmental Reserve dedication, but because planning is a complexity of systems coming together on the landscape, implementation is not so cut and dry. This paper will provide some examples of Environmental Reserve intent versus Environmental Reserve application.

Application of Environmental Reserve

Conservation Tools Survey Results To understand how municipalities were using the conservation tools available to them, Miistakis developed the Conservation Tools Survey for Municipalities in early 2017 and completed six one-on-one interviews prior to wide distribution. The survey was designed to understand municipal awareness of existing conservation tools, whether the tools are used, and if they are used, how. We also wanted to understand if the tools are not used, what are the barriers to using them. In March and April, the Miistakis survey was distributed through the Alberta Urban Municipal Association (AUMA), Alberta Association of Municipal Districts and Counties (AAMDC) and Alberta Professional Planners Institute (APPI) to their membership. In total, 35 individuals representing 21 municipalities, 1 non-profit, 1 provincial department, and 2 utility corporations participated in the survey (3 participants did not indicate an affiliation). Due to the participation rates, the results are not to be considered statistically representative however they do offer insight into how Environmental Reserve is used by some municipalities.

Q1. DOES YOUR MUNICIPALITY USE ENVIRONMENTAL RESERVES? Results Nineteen percent of respondents said they never use Environmental Reserve while an equal number of respondents said they always use the tool. The highest percentage of respondents stated it is a tool they either occasionally use or often use (35% and 16% respectively).

Comment As part of this project, Miistakis also completed several one-on-one interviews using the same questions. One

MIISTAKIS INSTITUTE DISCUSSION PAPER: ENVIRONMENTAL RESERVES IN ALBERTApage 74 8

interviewee stated that Environmental Reserve is used wherever possible and is one of the main tools for municipalities. However, it was cautioned that use of it was monitored closely because their jurisdiction had been advised they must stay within the parameters of the definition (in the MGA) and conservation is not part of it. Despite this interpretation of Environmental Reserve both by the person being interviewed and the research in the section above, Q2 below indicates that some municipalities identify environmentally significant lands, ecological value or green space as circumstances in which Environmental Reserve is used.

Q2. IF YES, IN WHAT CIRCUMSTANCES DO YOU USE ER? Results Of the 17 responses to this question, seven identified environmentally significant or sensitive lands, ecological value, or provision of green space as the circumstance where the Environmental Reserve designation is used.

Comment Some responses indicated that the Environmental Reserve tool may be underutilized in some areas (e.g., “we use it only next to creeks”). Others may stretch the intent of the tool, using it for what they deem as at risk habitat or community wellness.

The survey results indicate some municipalities may have been creative with their application and interpretation of how Environmental Reserve is to be used at the time of subdivision. This might be a result of municipalities thinking they have limited tools in their toolbox to protect the environment, possibly because they

view the MGA as the only regulatory MGA Environmental Reserve Easements guidance for protecting the environment (e.g., the Alberta Land Stewardship Act 664(2) If the owner of a parcel of land enables conservation tools available to that is the subject of a proposed municipalities). subdivision and the municipality agree that any or all of the land that is to be If a municipality identifies an area critical taken as environmental reserve is instead to be the subject of an to protecting the environment, there has environmental reserve easement for been no tool in the MGA that gives the the protection and enhancement of municipality direct power to do so. Other the environment, an easement may be tools in the MGA include Environmental registered against the land in favour of Reserve Easements (s.664.2) but this must the municipality at a land titles office be negotiated with the land owner and is (Province of Alberta, 2000). a voluntary option. Environmental

MIISTAKIS INSTITUTE DISCUSSION PAPER: ENVIRONMENTAL RESERVES IN ALBERTApage 75 9

Reserve Easements are not limited to the same purposes as Environmental Reserves. However, if the land owner does not want to put the land into an Environmental Reserve Easement, even though it is extremely important to the overall environmental integrity or context of the municipality, it is not a possibility to put an Environmental Reserve Easement on the parcel.

Q3. WHAT IS YOUR CRITERIA FOR USING ENVIRONMENTAL RESERVE? Results Of the 17 responses, four participants indicated that ecological value, environmentally significant features or natural landscapes were part of the criteria. Over half of the respondents (9) reference the MGA criteria or specified one or more of the following: wetlands, water bodies, escarpments, flood fringe areas, riparian areas, ravines, steep slopes, natural drainage courses.

Comment Most respondents followed criteria for Environmental Reserve as provided for in the MGA demonstrating alignment with the Provincial policy. The four respondents that included environmentally significant lands as part of the criteria for dedicating Environmental Reserve may have an expanded interpretation of the criteria or recognize the inherent results when certain unstable, undevelopable lands are preserved.

Q4. DO YOU HAVE A POLICY OR GUIDELINE FOR USING ENVIRONMENTAL RESERVE? Results Half of the 18 respondents said they do have an Environmental Reserve policy or guideline. Three of the respondents indicated their Environmental Reserve policy was included in their MDPs and one in their Land Use Bylaw.

Comment Nine respondents indicated they had a municipal Environmental Reserve policy stated it was included in open space plans or neighbourhood design guidelines which are typically non-statutory plans. It is possible the Environmental Reserve policy or guidelines are not in statutory documents because they are included in the MGA.

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Q8. WHAT ARE THE BARRIERS FOR USING ENVIRONMENTAL RESERVE? Results This question listed options for participants to rate in terms of frequency of concern.

Comment Of the 18 respondents that answered this question, the barrier ‘push back from the development community’ had responses ranging from sometimes, often and always but no one indicated they never or rarely get push back from the development community which indicates this barrier is the most common challenge to survey participants. Respondents felt somewhat confident in their organization’s internal capacity and knowledge related to applying Environmental Reserve. Liability and cost concerns did not rank high in terms of barriers to using Environmental Reserve. As well, management or ownership of Environmental Reserve lands did not appear to be a large barrier. Barriers to the Environmental Reserve tool do not seem to be causing high concern for those that responded to the survey.

SURVEY SUMMARY The survey revealed there may be circumstances where Environmental Reserve may be applied in areas beyond the objectives set out in the MGA. This indicates that municipalities are struggling to find ways to protect ecological or environmentally significant areas in their communities and in part be due to the limited number of direct conservation tools available for a municipality. The only option available under the previous MGA for municipalities to protect and conserve

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environmentally significant land within their jurisdiction is when the landowner voluntarily enters into an agreement with the municipality (Environmental Reserve Easement), or if a municipality has the means to purchase the parcel from the landowner.

Other conservation tools have been available under the Alberta Land Stewardship Act (Province of Alberta, 2009), however they require the municipality to enter into partnerships with other organizations (land trusts, etc.) and/or develop programs to implement the conservation schemes. If municipalities do not have the experience or resources to develop these conservation tools and programs, they may seem more cumbersome than dedicating Environmental Reserve. Miistakis developed ALSA’s Conservation Tools for Municipalities: A Webinar Series as a resource for municipalities looking for ways to conserve ecological lands in their jurisdiction. To access the webinars visit www.rockies.ca.

Examples of Environmental Reserve Use

The following section provides examples of municipal Environmental Reserve policies or guidelines that may be of interest to other jurisdictions. Many of the policies or guidelines provided reference the provincial document, Stepping Back from the Water: A Beneficial Management Practices Guide for New Development Near Water Bodies in Alberta’s Settled Region. This document was developed to provide guidance on what minimum setbacks are needed to protect aquatic ecosystems from development such as buildings, roads and other permanent structures. It is intended to be used as a handbook and provides decision makers with information for determining setback widths and designing effective buffers adjacent to water bodies (Alberta Environment and Sustainable Resource Development, 2012).

STRATHCONA COUNTY Municipal Policy Handbook: Dedication of Municipal Reserve, Environmental Reserve and Environmental Reserve Easement

Strathcona County developed a policy handbook to guide the dedication of Municipal Reserve, Environmental Reserve, and Environmental Reserve Easements during subdivision as authorized under the MGA. The handbook states that when proposed subdivisions involve environmentally sensitive lands, the subdivision authority will use the appropriate MGA policies to incorporate reserve land into the County’s green infrastructure inventory for public benefit and long term sustainability of the natural landscape.

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Environmentally Sensitive Lands include a range of potential areas for things such as wildlife movement, aquifer recharge, unique habitat, and biodiversity. Typically ER would not be used for conserving environmentally sensitive lands as described in the handbook, but the County does specify ER will be used for protecting riparian lands, which would contribute to the overall green infrastructure in the County. (Strathcona County, 2016)

MUNICIPAL DISTRICT OF FOOTHILLS Municipal Development Plan (MDP)

The MD of Foothills provides a definition of Environmental Reserve in the Glossary section of their MDP:

“Environmental Reserve: In accordance with Section 664 of the Municipal Government Act, lands are undevelopable because of its natural features or location, such as unstable slopes or flood prone; environmentally sensitive such as a gully, ravine or coulee; or a strip of land abutting the bed and shore of a body of water or water course, that a developer may be required to dedicate at the time of subdivision. Environmental Reserve must be maintained in its natural state or used as a park” (Municipal District of Foothills, 2010).

Another resource provided by the MD of Foothills to help determine the use of “Pollution” means any non-point Environmental Reserve is the Developer’s source impacts on the environment Guide to the Riparian Setback Matrix Model from substances such as sediments, (Haag, Logan, White, & Stewart, 2010). nutrients, pesticides, bacteria, parasites or toxic chemicals that reach a Aquality Environmental developed the watercourse by surface or subsurface Riparian Setback Matrix Model for the MD flow though adjacent land, and the of Foothills in 2010. The Guide states the unauthorized release of any model is scientifically-based, legally “deleterious substance” as defined in defensible and is in alignment with the the Fisheries Act (Canada), or the MGA sections 663 and 664, specifically unauthorized release of any substance addressing the ability for municipalities to whether non-point or otherwise that may cause an adverse effect under dedicate Environmental Reserve lands provisions of the Environmental abutting the bed and shore of any lake, Protection and Enhancement river, stream or other body of water for Act. (Haag et al., 2010) the purpose of preventing pollution (see text box to the right). By having a model

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adopted and in place, the MD has set expectations for developers, which may decrease reactive negotiations regarding Environmental Reserve dedication once a development proposal is submitted.

The Guide is organized as a “Frequently Asked Questions” document and answers questions such as: § What is an Environmental Reserve? § When do I need to dedicate reserve lands? § What is the purpose of an Environmental Reserve? § How much land will be taken as an Environmental Reserve?

The Guide then provides instructions on how the riparian setback is calculated. It is interesting to note that while the previous MGA (Province of Alberta, 2000) provided a minimum six meter setback, the Foothills Guide indicates the Environmental 1 Reserve dedicated setback will range between 15 and 75 meters .

CITY OF GRANDE PRAIRIE Mapping of Environmental Reserve (ER) and Science Based Setbacks for ER

The purpose of this study was to map riparian corridors, wetlands and other environmentally significant areas and establish science-based setbacks for Environmental Reserves. This project also used the riparian setback matrix developed for the MD of Foothills. The difference is this project mapped and prioritized areas for protection (City of Grand Prairie, 2012).

Environmentally significant areas in this case include: natural patches (large and small), connectivity and hydrological functions.

TOWN OF CANMORE Municipal Development Plan (2016)

Environmentally Sensitive Areas For the Town of Canmore, Section 4.2 of the MDP, Environmentally Sensitive Areas (ESA) are areas of land established for the protection of sensitive natural features and ecologic functions and diversity, primarily for the protection of wildlife and

1 Municipalities can establish additional setbacks by using a science based approach similar to that used in Stepping Back from the Water (Alberta Environment and Sustainable Resource Development, 2012).

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waterbodies. One of the possible conservation tools listed in Canmore’s MDP to protect these environmentally sensitive areas is the Environmental Reserve tool pursuant to the MGA.

Protection of Wildlife Corridors and Habitat Patches Where it has jurisdiction, the Town states it will work with landowners in the protection of wildlife corridor and habitat patches through land use districts, Environmental Reserve designations where appropriate, or conservation easements.

The section on Environmental Reserve Dedication indicates the Environmental Reserve reference above in the protection of wildlife corridors and habitat patches is related to water bodies and escarpments based on them being wildlife habitat and movement features (Town of Canmore, 2016).

LACOMBE COUNTY Use and Management of County Reserve Lands (2006)

This policy outlines the intent of Environmental Reserve and how Environmental Reserve will be used in new subdivisions.

Use and Management of Environmental Reserves (ER) [Environmental Reserve] ER lands are intended to protect the natural environment, protect people and property from hazardous conditions (e.g. flooding) and provide public access to or along lakes and rivers.

New Environmental Reserves The County will require dedication of Environmental Reserve in new subdivisions to protect natural features such as shorelines, steep slopes and drainage courses. Dedication of new Environmental Reserve may also be required to provide public access to lakes and rivers (Lacombe County, 2006).

SUMMARY Review of various guides and policies, and interviews with municipal planners, reveals that municipalities have developed methodologies to guide using Environmental Reserve as a setback required to prevent pollution in water bodies. However, it was also found that municipalities often seek to connect Environmental Reserves to the idea of environmentally significant lands. Environmentally significant lands generally include lands that are important to wildlife movement, wildlife habitat, ecosystems and waterbodies.

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The intersection between the intent of Environmental Reserve and the subsequent benefits that occur by protecting those lands makes Environmental Reserve dedication somewhat complex depending on which interests you are representing in the subdivision process.

The Changing Definition of Environmental Reserve

The Government of Alberta has completed three rounds of amendments to the MGA. The latest amendments have been introduced to the legislature but not yet passed. Here is the link to the current MGA Review website that provides links to the three Bills and the Discussion Guide that informed the most recently proposed changes: http://mgareview.alberta.ca/whats-changing.

Summary of MGA Bills: Bill Description Status Bill 20 Municipal Government Amendment Act Passed by the Legislature (MGAA) (Province of Alberta, 2015) March 2015 First round of amendments. Bill 21 Modernized Municipal Government Act Passed by the Legislature (MMGA) (Province of Alberta, 2016) December 2016 Second round of amendments. Included changes to ER and introduced CR. Bill 8 An Act to Strengthen Municipal Introduced to the Legislature Government (ASMG) (Province of April 10, 2017 Alberta, 2017) Based on Continuing the Conversation Discussion Guide.

The following section outlines the changes to the Environmental Reserve policy in the MGA prior to the 2016 amendments (Province of Alberta, 2000), and the current version passed by the legislature December 2016 (Province of Alberta, 2016). The comparison is being provided so municipal planners are aware of the changes and have the opportunity to familiarize themselves with the policy changes. The regulations may provide further clarity on Environmental Reserves and are expected in the summer of 2017.

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NOTE: MGA s.663 ‘Reserves not required’ and the ‘bed and shore’ reference (17(3)) in the Surveys Act (Province of Alberta, 2013) are provided because they are referenced in Bill 21 s.664 (Province of Alberta, 2016).

Municipal Government Act (Province of Alberta, 2000)

ENVIRONMENTAL RESERVE 664(1) Subject to section 663, a subdivision authority may require the owner of a parcel of land that is the subject of a proposed subdivision to provide part of that parcel of land as environmental reserve if it consists of a. a swamp, gully, ravine, coulee or natural drainage course, b. land that is subject to flooding or is, in the opinion of the subdivision authority, unstable, or c. a strip of land, not less than 6 metres in width, abutting the bed and shore of any lake, river, stream or other body of water for the purpose of i. preventing pollution, or ii. providing public access to and beside the bed and shore.

(2) If the owner of a parcel of land that is the subject of a proposed subdivision and the municipality agree that any or all of the land that is to be taken as environmental reserve is instead to be the subject of an environmental reserve easement for the protection and enhancement of the environment, an easement may be registered against the land in favour of the municipality at a land titles office.

Bill 21 Modernized Municipal Government Act (Province of Alberta, 2016)

Emphasis has been added to highlight the sections that have been changed or added.

ENVIRONMENTAL RESERVE 664(1) Subject to section 663 and subsection (2), a subdivision authority may require the owner of a parcel of land that is the subject of a proposed subdivision to provide part of that parcel of land as environmental reserve if it consists of a. a swamp, gully, ravine, coulee or natural drainage course, b. land that is subject to flooding or is, in the opinion of the subdivision authority, unstable, or

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c. a strip of land, not less than 6 metres in width, abutting the bed and shore of any lake, river, stream or other water body.

(1.1) A subdivision authority may require land to be provided as environmental reserve only for one or more of the following purposes: a. to preserve the natural features of land referred to in subsection (1)(a), (b) or (c) where, in the opinion of the subdivision authority, those features should be preserved; b. to prevent pollution of the land or of the bed and shore of an adjacent water body; c. to ensure public access to and beside the bed and shore of a water body lying on or adjacent to the land; d. to prevent development of the land where, in the opinion of the subdivision authority, the natural features of the land would present a significant risk of personal injury or property damage occurring during development or use of the land.

(1.2) For the purposes of subsection (1.1)(b) and (c), “bed and shore” means the natural bed and shore as determined under the Surveys Act.

(2) If the owner of a parcel of land that is the subject of a proposed subdivision and the municipality agree that any or all of the land that is to be taken as environmental reserve is instead to be the subject of an environmental reserve easement for the protection and enhancement of the environment, an easement may be registered against the land in favour of the municipality at a land titles office.

Reserves not required MUNICIPAL GOVERNMENT ACT 663 A subdivision authority may not require the owner of a parcel of land that is the subject of a proposed subdivision to provide reserve land or money in place of reserve land if (a) one lot is to be created from a quarter section of land, (b) land is to be subdivided into lots of 16.0 hectares or more and is to be used only for agricultural purposes, (c) the land to be subdivided is 0.8 hectares or less, or (d) reserve land, environmental reserve easement or money in place of it was provided in respect of the land that is the subject of the proposed subdivision under this Part or the former Act.

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Natural boundary SURVEYS ACT 17(1) A surveyor who needs to determine the position of a natural boundary when performing a survey under this Act may do so by any survey method that has the effect of accurately determining its location at the time of survey, relative to the surveyed boundaries of the affected parcel.

(2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water.

(3) For the purposes of this section, the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil itself.

The most recent version (Bill 21) of the Environmental Reserve policy does not seem to change the intent of Environmental Reserve. The largest change is the purpose of Environmental Reserve is now addressed in a new section 664(1.1) and clarifies the preservation of the natural features of a swamp, gully, ravine, coulee or natural drainage course, land that is subject to flooding, land that is unstable, or a strip of land abutting a water body. Regulations are expected in 2017 and may further clarify the changes to the Environmental Reserve policy.

Observations on Intent and Use of Environmental Reserve

Environmental Reserves are intended to prevent pollution to the land next to water bodies, allow access to water bodies, avoid natural drainage courses (swamp, gully, ravine, coulee), prevent development on unstable or unsuitable lands (flood plains, steep slopes, etc.), and avoid hazards to humans or the built environment as a result of development.

Cursory review of policies and guidelines may lead one to think Environmental Reserve is being used beyond the initial intent of the MGA policy. However, many municipalities use a systems perspective regarding pollution prevention, broadly interpreting the controls needed to prevent pollution of the land adjacent to water bodies.

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For example, The City of Grande Prairie’s rationale is a representative example. They state the aim of using scientifically-based riparian setbacks is to remove a certain percentage of pollutants from runoff, and one of the most effective ways to protect aquatic ecosystems and prevent pollution is to ensure riparian areas are intact, healthy and functional (City of Grand Prairie, 2012). Actions taken to prevent pollution of land next to water bodies has numerous co-benefits that result in protection of environmentally sensitive areas. Pollution prevention done well is done at a systems scale. The table below demonstrates how the application of the intent of Environmental Reserve produces several co-benefits.

Figure 1 Sample of Environmental Reserve Benefits and Co-benefits

ER Intent System elements that are Sample co-benefits of pollution considered when aim is to prevention prevent pollution § Pollution prevention of § Riparian corridors § Wildlife habitat wetlands, lakes, rivers, § Slope and height of bank § Wildlife connectivity streams § Vegetation cover (includes § Scenic corridors/vistas § Prevention of grasslands, forest, shrubs) § Public access development on § Soil texture and type § Hydrologic function hazardous lands (steep § Biodiversity slopes, floodways, etc.) § Green infrastructure function § Avoidance of natural drainage features (City of Grand Prairie, 2012)

These co-benefits may be triggering the push back from the development community indicated in the Miistakis Conservation Tools Survey. In order for municipalities to comply with preventing pollution of water bodies, land that is more than the minimum six meters from the bed and shore must be protected and those lands often provide environmental benefits other than just pollution prevention or hazardous lands.

Environmental Reserves and Conservation Reserves

A new tool included in Bill 21, the Modernized Municipal Government Act (Province of Alberta, 2016) is the Conservation Reserve tool that enables a municipality to purchase a parcel of environmentally significant lands (as deemed by the subdivision authority and as guided by the Municipal Development Plan) for fair market value at the time of subdivision. This new policy is provided as a tool to

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municipalities to preserve ecologically significant lands, and may have impacts on the use of Environmental Reserve.

Conservation Reserve

664.2(1) A subdivision authority may require the owner of a parcel of land that is the subject of a proposed subdivision to provide part of that parcel of land to the municipality as Conservation Reserve if (a) in the opinion of the subdivision authority, the land has environmentally significant features, (b) the land is not land that could be required to be provided as Environmental Reserve, (c) the purpose of taking the Conservation Reserve is to enable the municipality to protect and conserve the land, and (d) the taking of the land as Conservation Reserve is consistent with the municipality’s municipal development plan.

(2) Within 30 days after the Registrar issues a new certificate of title under section 665(2) for a Conservation Reserve, the municipality must pay compensation to the landowner in an amount equal to the market value of the land at the time the application for subdivision approval was received by the subdivision authority.

(3) If the municipality and the landowner disagree on the market value of the land, the matter must be determined by the Land Compensation Board.

Figure 2 Comparison of Conservation Reserve and Environmental Reserve

Purpose Timing Requirements Conservation To protect At • Fair market value required. Reserve environmentally subdivision • The subdivision authority must significant areas as deem it environmentally determined by the significant lands, and lands must subdivision authority be identified in the Municipal Development Plan • Lands not to be required as Environmental Reserve

Environmental To avoid development At • No compensation required. Reserve of unstable lands and subdivision • Scientifically defensible re: to prevent pollution of setbacks to prevent pollution

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land adjacent to water • Engineering report concluding bodies as set out in unstable/hazardous lands. the MGA • Determine lands are a natural Prevention of drainage course development on • Determine lands are subject to hazardous lands flooding (steep slopes, NOTE: Requirements that have provincial floodways, etc.) guidelines are setbacks from water Avoidance of natural (Stepping Back) and flood mapping drainage features (although not comprehensive Province wide).

During interviews with municipal staff for the Conservation Tools Survey, several questions were asked about the new Conservation Reserves tool: § Will Conservation Reserves affect the application of Environmental Reserves? § What role with Conservation Reserves play in how municipalities dedicate Environmental Reserve? § Will there be challenges to dedicating lands as Environmental Reserve when they might fit similar criteria as Conservation Reserve? § What will take precedence? Compensation vs conservation.

It is hopeful the regulations for Conservation Reserves will answer some of these questions. In the meantime, the following section provides discussion points related to the questions above.

It is well known that municipalities have limited budget to allocate towards conservation overall. This policy seems to indicate municipalities must purchase lands to conserve or protect the environment. However, it is important to note section 664.2(1)(b) the land is not land that could be required to be provided as Environmental Reserve. This indicates that if a municipality can justify Environmental Reserve dedication, negotiations should not need to take place with the landowner or developer for compensation to designate the lands as Conservation Reserve.

It is predicted that confusion and push back from the development community will occur between dedications of Environmental Reserve and Conservation Reserve because of the co-benefits achieved through pollution prevention of lands adjacent to water bodies. It is recommended municipalities proactively create criteria to guide and clarify what qualifies as Environmental Reserve lands. This could be completed during a Municipal Development Plan update or created as a stand alone policy document to guide municipal decision makers. For municipalities that

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have the internal capacity or resources, the criteria could then be applied to conceptually identify and map potential Environmental Reserve lands. “Conceptually” is highlighted because as municipal planners understand, the details are not typically known until an application for subdivision is made.

By doing this, municipalities will be able to provide developers with criteria for Environmental Reserve lands prior to the application for subdivision being submitted. Conclusion and Next Steps

The Conservation Tools Survey results revealed the level of familiarity for Environmental Reserve as a land use tool is high across municipalities in Alberta, however the legislative intent of Environmental Reserve may not always align with how it is applied.

Municipalities that have created criteria or completed inventories and modelling of riparian setbacks in order to support the designation of Environmental Reserves may be better guarded against the push to instead use Conservation Reserves (and therefore compensation) to protect those lands. For those municipalities that have not had the resources to complete riparian setback models, they will require support and tools to do this to avoid potentially losing important lands to development that otherwise would prevent degradation of water quality or paying compensation to developers to protect lands that they did not have the capacity or resources to prove were eligible for Environmental Reserve dedication.

An important next step for this document is to follow up on regulations that should be released by Municipal Affairs later in 2017. These regulations will hopefully clarify what the Province means by environmental well-being (as proposed in the MGA Discussion Guide for municipal purpose) and the many questions related to Conservation Reserves. If municipalities are already defining environmentally significant areas in relation to Environmental Reserve lands, how will that differ from environmentally significant features under the Conservation Reserve policy?

Another next step could be for the Province to develop a guide for defining swamp, gully, ravine, coulee or natural drainage course as per MGA s.664.1(a). This would be a helpful tool for municipalities, providing guidance akin to Stepping Back from the Water.

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And finally, municipalities striving to conserve environmentally significant lands that may not qualify as Environmental Reserve do have other conservation tools available to them under the Alberta Land Stewardship Act as well as supporting resources such as the webinars available through the websites of Community Conserve (www.communityconserve.ca) or the Miistakis Institute (www.rockies.ca).

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References

Alberta Environment and Sustainable Resource Development. (2012). Stepping Back from the Water: A Beneficial Management Practices Guide for New Development Near Water Bodies in Alberta’s Settled Region. https://doi.org/ISBN: 978-1-4601- 0058-5

City of Calgary Utilities and Environmental Protection. (2007). Environmental Reserve Setback Policy.

City of Grand Prairie. (2012). Mapping of Environmental Reserve (ER) and Science Based Setbacks for ER.

Frederick A. Laux, Q. C. (2013). Planning Law and Practice in Alberta (Third). Edmonton: Juriliber Ltd.

Haag, J., Logan, M., White, J., & Stewart, J. (2010). Developer’s Guide to the Riparian Setback Matrix Model for The Municipal District of Foothills # 31. District of Foothills.

Lacombe County. (2006). Use and Management of County Reserve Lands.

Mallet, J. S. (2005). Municipal Powers , Land Use Planning , and the Environment : Understanding the Public ’ s Role.

Municipal District of Foothills. MDP 2010 (2010).

Province of Alberta. Municipal Government Act M-26 (2000).

Province of Alberta. Alberta Land Stewardship Act A26-6 (2009).

Province of Alberta. Surveys Act (2013).

Province of Alberta. Bill 20 Municipal Government Amendment Act (2015).

Province of Alberta. Bill 21 Modernized Municipal Government Act (2016).

Province of Alberta. Bill 8 An Act to Strengthen Municipal Government (2017).

Strathcona County. (2016). Municipal Policy Handbook: Dedication of Municipal Reserve , Environmental Reserve and Environmental Reserve Easement. Retrieved from http://www.strathcona.ca/files/files/at-lls-mph-ser-008- 015dedicationofmunicipalreserveenvironmentalreserve-new.pdf

Town of Canmore. Municipal Development Plan (2016).

MIISTAKIS INSTITUTE DISCUSSION PAPER: ENVIRONMENTAL RESERVES IN ALBERTApage 91 25 From: Nathan Neufeld Date: March 29, 2021 at 12:02:12 PM MDT To: Ryan Payne Subject: FW: Initial Response: Communities For Life Charity Golf Tournament, De Winton AB, 07 June 2021

Good morning Ryan. Thank you for your time on the phone and for your help with this matter.

Below is the correspondence from 2Lt Michael Hoornaert of the Canadian Armed Forces, and attached is the Flyby Letter we discussed during our conversation. I have also attached a map of the proposed flyby route over Carnmoney Golf & Country.

The charity being supported through this event is called ‘Communities For Life’. (www.communitiesforlife.com) There is a link to the golf tournament on the homepage in the event you would like to see this as well. Perhaps the MD Foothills may even consider sending a foursome – we would be very honored to have you attend.

Kind Regards,

Nathan

Nathan Neufeld CEO

www.evergreensolutions.com

64210, 393 Loop East | Okotoks, AB | T1S 0L1 Suite 1850, 10900 NE 4 Street | Bellevue, WA | 98004

Sent: March 16, 2021 10:55 AM To: Nathan Neufeld Subject: Initial Response: Communities For Life Charity Golf Tournament, De Winton AB, 07 June 2021

This email was sent from outside of your organization.

Good Day Nathan Neufeld,

Thank you for requesting the Royal Canadian Air Force to participate in the Communities For Life Charity Golf Tournament, De Winton AB, 07 June 2021. If we are able to support, you will be notified by email. In addition to the information included in your original request, should we have aircraft available, we will require the following documents:

For a flyby:

1. A letter from the mayor or town council of De Winton AB authorizing the flyby (template attached). In order to seek approval for the flyby to take place as low as 500 feet, your letter must include the sentence completed below with the following information:

The Municipality of De Winton AB is supportive of a flyby by RCAF Aircraft as low as 500 feet, flyby for the planned Communities For Life Charity Golf Tournament being held in Carnmoney Golf & Country Club for transit, practice and shows on 07 June 2021.

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2. A map showing the requested flyby routing (example attached).

Please email these documents to me when you have them. Please review the attached Air Display Organizers’ Package. For static displays, see Appendix 3A. For international events, please refer to section 2.4.1, Chapter 3 and 4. If you wish to update any information, please don’t hesitate to send us an email with the corrections/changes and I will amend our database.

Have a great day,

2Lt / SLt Michael Hoornaert Coordinateur Événements Spéciaux Centre multinational d’opérations aérospatiales / QG 1re division aérienne du Canada – Région canadienne du NORAD Forces Armées Canadiennes / Gouvernement du Canada

Special Events Coordinator Combined Aerospace Operations Centre / 1 Canadian Air Division HQ – Canadian NORAD Region Canadian Armed Forces / Government of Canada

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Suggested Flight Plan

Flyover Spot: Carnmony Golf & Country Club

Event Contact: Nathan Neufeld. 403-554-1402. [email protected]

page 94 Details

The first flight pass would be from point A to point B (SE heading)

The second pass from point C to point D (NW heading)

Coordinates

Flyover Spot Latitude: 50°49'54.47"N Longitude: 113°56'3.76"W

Point A Point B Latitude: 50°50'1.31"N Latitude: 50°49'49.15"N Longitude: 113°56'24.41"W Longitude: 113°55'46.91"W

Point C Point D Latitude: 50°49'44.82"N Latitude: 50°50'2.11"N Longitude: 113°55'56.50"W Longitude: 113°56'9.23"W

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