@article {54021,
	title = {The legislative and regulatory framework for oil sands development in Alberta: A detailed review and analysis},
	year = {2007},
	note = { Occasional Paper No. 21.},
	month = {08/2007},
	pages = {84 pages },
	institution = {University of Calgary Canadian Institute of Resources Law },
	address = {Calgary, AB   },
	abstract = {This paper provides a detailed review of the current provincial legislative and regulatory framework for oil sands development in Alberta. It does so by moving through the three key stages in the current process {\textemdash} the disposition of rights to develop oil sands; the disposition of rights to access the surface of public land; and the oil sands project review and approval stage. The paper identifies key issues and problem areas that arise at each stage. Many of these issues relate to the lack of clarity, certainty and transparency with respect to certain key decision-making points in the current development process. The paper is in six parts. Part 1.0 introduces the paper and Part 2.0 provides an overview of the constitutional jurisdiction of the province with respect to oil sands development. A review of issues in regard to federal involvement in Alberta oil sands development is provided in Appendix A to this paper. Part 3.0 of the paper reviews the three main stages in the current legislative and regulatory framework for oil sands development {\textemdash} the mineral rights disposition stage; the surface rights disposition stage (both with respect to oil sands exploration and oil sands production activities); and the project review and approval stage. Part 3.0 begins, however, with a discussion of what ideally should be a preliminary stage in the development process, that of oil sands policy-making and land-use planning. Such policies and plans should drive decision making in subsequent stages of the development process. Part 4.0 of the paper summarizes three key deficiencies in the current legislative and regulatory oil sands development framework. First, the lack of comprehensive plans for oil sands development and for land use in the province means that decision making is proceeding without adequate guidance, and on a case-by-case basis without coordination of decision making across the disparate stages in the current framework. Without effective integration and coordination of decision making, the proper management of the cumulative effects of oil sands development will not be possible. Second, the current legislative and regulatory framework is at times characterized by significant complexity and uncertainty. This results in a lack of transparency at different points in the process. While some complexity is inherent given the subject matter, a legislative and regulatory framework that is unduly complex and difficult to follow is not an accessible and transparent system. It also raises concerns about accountability. Lastly, the lack of transparency at certain points in the current framework is exacerbated by issues around public participation. At some key points in the current process, public participation is entirely absent; at others, the opportunities available may not be sufficient to ensure that broad views from Albertans are represented in oil sands decision making.},
	keywords = {legislation, policy, UofC},
	url = {http://dspace.ucalgary.ca/bitstream/1880/47188/1/OP21Oilsands.pdf},
	author = {Vlavianos, Nickie}
}
