P
Process for the Issuance and Maintenance of
Applications/Amendments and Dispositions for
Commercial, Industrial and Recreational
Operations on Public Land
April 28, 2017
List of Documents and Webpages
To access the AEP documents referenced in this schedule, search one of the following document titles at
aep.alberta.ca
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Content Requirements for Survey Plans and Sketches
Consent Submissions for Formal Dispositions, Authorizations and Approvals under the Public Land
Administration Regulation
Electronic Disposition System Amendments User Guide
Electronic Disposition System Public Land Disposition Renewal User Guide
Electronic Disposition System – No Entry User Manual
Instructions for the completion of EDS Supplements for Disposition Applications
Landscape Analysis Tool User Guide
Letter of Clearance Request for Dispositions Under the Public Lands Act
Mortgages, Assignments, Transfers and Subleases
PLAR Table A1: AEP Public Land Dispositions
Public Lands Rents and other Amounts Payable Order (Ministerial Order 28/2015)
Step Four - Disposition Management
To access the AEP webpages referenced in this schedule, search one of the following page names at
aep.alberta.ca
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Electronic Disposition System
Plan Confirmation System
To access the AEP e-Course referenced in this document search the following page name at aep.alberta.ca
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Public Lands Application Process e-Course
To access the Indigenous Relations webpages referenced in this document, search one of the following page
names at indigenous.alberta.ca
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The Government of Alberta’s Guidelines on Consultation with Metis Settlements on Land and Natural
Resource Management 2016
To access applicable Alberta legislative documents referenced in this schedule, search one of the following
document titles at http://www.qp.alberta.ca/
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Alberta Environmental Protection and Enhancement Act
Public Lands Act
Public Lands Administration Regulation
Water Act
Process for the Issuance and Maintenance of Applications/Amendments and
Dispositions for Commercial, Industrial and Recreational Operations on Public Land
© 2017 Government of Alberta
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Preface
This document is intended to provide a brief overview to applicants of the administrative processes related to the
issuance and maintenance of commercial, industrial and recreational applications issued under the Public Land
Administrative Regulation. Further information related to specific sections within this document can be found
on the Alberta Environment and Parks (AEP) website.
An e-Course explaining the requirements for submitting an application for a public lands disposition has also
been created. Applicants are encouraged to use this e-Course to get a better understanding of the application
submission process.
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© 2017 Government of Alberta
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Formal Disposition Application/Amendment Process
The disposition types outlined below are deemed formal dispositions under the Public Lands Administrative
Regulation (PLAR).
The purpose of holding a disposition is to allow the holder to conduct a specific purpose/activity aligned with
the PLAR Table A1: AEP Public Land Dispositions document. Once a disposition has been issued, no other
applications for a disposition within or partially overlapping that disposition’s boundary will be approved
without the consent of the disposition holder.
Applicants will be required to submit an application or amendment for the following disposition types entirely
through the Electronic Disposition System (EDS):
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Easement (EZE)
Licence of Occupation (DLO)
Mineral Surface Lease (DMS)
Miscellaneous Lease (DML)
Pipeline Agreement (DPL)
Pipeline Installation Lease (DPI)
Vegetation Control Easement (VCE)
The following documents must be supplied with an application or amendment (excluding plan replacements) in
order for the application or amendment to be accepted for an administrative review:
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Cover Letter outlining the reason for the proposed activity/purpose
Landscape Analysis Tool (LAT) report
Supplement (applicable to disposition type)
Site Development Plan (for specific purposes/activities as outlined in the PLAR Table A1)
Land Standing report
Consent(s) (if applicable)
Sketch Plan
Plan requirements related to an application can be found online under Content Requirements for Survey Plans
and Sketches.
For further information regarding what consents are required as part of the submission of an application, see the
Consent Submissions for Formal Dispositions, Authorizations and Approvals under the Public Land
Administration Regulation.
As part of the application submission process and prior to the submission of an application, the applicant will be
required to provide the following:
Plan Confirmation Number
This plan confirmation needs to be created through the Plan Confirmation System (PCS). PCS is a secure site
available to applicants involved in the business of creating plans for application or amendment of surface
dispositions on public land.
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© 2017 Government of Alberta
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Plan packages that are approved by the system will be processed, encrypted and sent back to the submitter with
a confirmation number. All surface dispositions plans identified for digital submission must be submitted to the
PCS website.
Applicants will need to acquire a GoA account and password in order to access the Plan Confirmation System.
Further information regarding this process can be found on the AEP website.
Once the plan confirmation number has been created within PCS the applicant will be required to upload the
plan package through the EDS as a plan package submission only.
File Number for Consultation (FNC) (formerly First Nation Consultation Number)
A File Number for Consultation (FNC) must be obtained and provided with the application or it cannot be
accepted. The Indigenous Relations website – Aboriginal Consultation Office provides procedures for obtaining
an FNC for land dispositions.
For a land disposition application to be accepted, the FNC provided must be at a certain level of assessment.
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Pre-Consultation Assessment (PA): the pre-consultation assessment is intended to assess whether
consultation is required.
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Adequacy Assessment (AA): a decision has been issued on whether or not consultation is required
and the level of consultation is identified.
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Adequacy Decision (AD): consultation has been completed and deemed adequate.
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Assessment at Time of Issuance (AI): the regulatory body will assess if consultation is required in
relation to an Approval or Authorization (only for TFAs and DOAs).
The FNC level of assessment required at time of submission of an application is dependent on the disposition
type and the purpose/activity being applied for as outlined in the following document that can be searched for on
the AEP website.
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PLAR Table A1: AEP Public Land Dispositions
Upon application submission, the Electronic Disposition System performs validation of the FNC based on the
required level of assessment for the purpose/activity being applied for. Validation will compare the status of the
FNC provided on the application to the status required for the purpose/activity being applied for. The
purpose/activity of the FNC must match the purpose/activity being applied for.
If the FNC status is not acceptable for the purpose/activity being applied for, or the FNC is invalid, the applicant
will receive an error message and will be unable to submit the application.
Further information related to the consultation process is outlined The Government of Alberta’s Guidelines on
Consultation with Metis Settlements on Land and Natural Resource Management 2016 found on the Ministry of
Indigenous Relation’s website.
Landscape Analysis Tool (LAT) Report
The Landscape Analysis Tool (LAT) is a web-enabled spatial tool that allows users to plan activities on public
land. The LAT enables:
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Process for the Issuance and Maintenance of Applications/Amendments and
Dispositions for Commercial, Industrial and Recreational Operations on Public Land
© 2017 Government of Alberta
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Virtual siting of a proposed project activities
Identification of operational constraints that may apply to the activity
Virtual re-siting or changes to that proposed activity, at a landscape level, to mitigate concerns prior to
application.
For further information refer to the Landscape Analysis Tool User Guide.
The Landscape Analysis Tool (LAT) will generate a LAT report, which is a system generated PDF document
that provides information specific to the proposed site and activity.
The LAT report provides provincial and sensitivity section approval standards and operating conditions that are
specific to a proposed activity. The approval standards and operating conditions identified in the LAT report
form a part of the disposition document.
All applications require a LAT report be created and provided with the submission of an application. The
creation of a LAT report will generate a Landscape Analysis Tool Number (e.g. 000000065A). This number will
be required along with the Landscape Analysis Tool Date when submitting an application.
Note: Amendments that are strictly to replace the existing plan on file from either a sketch to sketch, sketch to
survey or survey to survey, will not require a FNC or LAT report.
Once the application and associated documents have been submitted to the department via EDS, pending the
application is accepted, an application number will be created and the applicant will be informed that the
application has been successfully submitted to the department.
Application Supplements
These documents provide the regulatory body with information around the construction and development of
the activity and in many cases provides context of that activity in relation to the standards and conditions as
identified by the Landscape Analysis Tool. In addition, these documents provide information that advises the
regulatory body that proper planning steps were undertaken during the planning stages of the project. These
supplements can also provide the regulatory body information to assess land use charges in the case of
authorized associated incidental activities.
The appropriate supplement must be completed for each disposition being applied for. These supplements
form part of the disposition approval document and therefore, the information contained within them as
provided by the applicant links directly to the standards and conditions as identified by the Landscape
Analysis Tool and the Master Schedule of Standards and Conditions documents. With the supplements
forming part of the disposition document, they are subject to department inspection and compliance review.
For further information related to the supplements refer to the document titled Instructions for the completion
of EDS Supplements for Disposition Applications.
Recreational Leases (REC)
Recreational lease (REC) applications are currently submitted as a paper application with a digital plan.
Applicants will be required to submit their REC application via email to the applications mailbox along with the
required information and documents outlined above.
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[email protected]
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© 2017 Government of Alberta
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Once the REC application and associated documents have been submitted to the department via email, and
pending the application form is filled out correctly, a REC application number will be created and sent to the
applicant.
Upon receipt of the REC application number, the applicant will be required to upload the plan package created
through PCS into EDS as a ‘Plan Package Only’. The REC application number will be required at this time
along with the encrypted plan package created in PCS.
Once the plan package has been attached and submitted correctly in EDS, a reference number will be provided
informing the applicant of the successful plan submission. An email notification advising the department that the
plan has been upload should be sent back to:
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[email protected]
Information related to this process can be found within the Electronic Disposition System Surface Disposition
User Manual. Access to this manual can be found on the AEP website.
Completeness Review Process
The Completeness Review combines the technical review done by the Geomatics Unit and the Administrative
Review done by Provincial Approvals (PAS) staff.
Technical Review
A technical review is conducted by the Geomatics Unit to ensure the proposed sketch/survey plan meets the
standards outlined in the Content Requirements for Survey Plans and Sketches.
Administrative Review
An administrative review is conducted following a technical review of an application. The application
documents are assessed to ensure content meets regulatory standards and that the correct documents and
information have been provided accurately.
The regulatory body will notify the applicant if their application is deemed complete or not via email or a letter.
(Public Lands Administration Regulation: Section 9(6)). If it is not complete, the application is rejected (Public
Lands Administration Regulation: Section 9(7)).
The regulatory body will register the decision of acceptance or rejection. If the decision is to reject the
application, a notice is sent to the applicant. (Public Lands Act: Section 16(4) and Public Lands Administration
Regulation: Section 9(6).A notice of acceptance or rejection will be sent to the applicant or agent acting on
behalf of the applicant within 30 days of receipt of the application.
This time period may be extended for a further 90 days (not to extend beyond a maximum of 120 days) by the
Director under section 15(2) of PLAR. To do so, the Director must send a letter within the initial 30 days to
indicate that the Director wishes to extend the notice period.
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Merit Review Process
If the application meets the administrative and technical requirements, a “merit” review is done as per the Public
Lands Administration Regulation: Section 9 5(b).
When assessing a disposition application based on merit, many factors may be considered including if:
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The land use is acceptable and in the best interest for that land base
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The disposition is in compliance with Alberta land management regional plans (if applicable)
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The activity does not impact or conflict with any existing land uses or stakeholders
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The disturbance limits of applicable disturbance standards are being met
The regulatory body will evaluate the application and any proposed mitigation strategies identified in
consultation with other Department/Agency divisions and referral agencies. This enables discussion between
industry and regulatory staff regarding the proposed mitigation strategies and how to best minimize impacts to
landscape sensitivities. The regulatory body must determine if any mitigation strategies identified in the
Mitigation Supplement will be accepted or refused.
The department will have 90 days to register a notice of issuance or refusal to issue as per section 12(4) of
PLAR. The field will be required to submit a merit rationale recommendation within 30 to 45 days of review.
Once Head Office receives the merit rationale recommendation, the applicant or agent acting on behalf of the
applicant will be notified of the Director’s decision.
Term of Disposition
If the application is approved, the applicant will be issued a disposition for a term of 4 years.
Note:
A 4 year disposition will be issued to allow the disposition holder to enter the site and commence
construction of the approved purpose/activity.
Once the site has been entered and a survey plan (if applicable) has been provided, an amended disposition will
be issued for a longer term.
Site Entry
If the disposition holder does not enter the site or provides an appropriate reason to the regulatory body as to
why the disposition has not been entered prior to the expiration date, the disposition may be cancelled and a
request for a new application will be required by the regulatory body.
Bed and Shore Activities
Activities/purposes affecting the bed and shore require an approval under the Public Lands Act and the Water
Act. Certain bed and shore activities/purposes do not require a survey. Therefore, once the site has been entered,
an amended disposition will be issued to extend the term.
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Process for the Issuance and Maintenance of Applications/Amendments and
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© 2017 Government of Alberta
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Disposition Amendment
Plan Replacement Amendment
Applicants who submitted a sketch plan as part of their application and received a disposition will need to
submit an amendment application to change their sketch to a survey using the Plan Replacement option in
EDS. This amendment should only be submitted once the site has been entered.
Once the amendment has been successfully submitted through EDS, and pending the amendment is ok, an
amended disposition will be issued to the disposition holder for a longer term.
Amendment
A disposition can be amended by the Department’s Director at any time (Public Lands Act: Sections 26 (1)). A
Site Entry Notification number is required prior to an amendment.
Amendments may be used to address:
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Change in location or route of the disposition
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Change in purposes
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Partial change in the disposition to address a partial assignment.
Amendment applications are processed similarly to a new disposition application since they can affect resource
and land values, adjacent stakeholders and the public.
If a disposition holder wants to amend a surface disposition, they may:
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Apply for an amendment through the Electronic Disposition System. Instructions on how to do this can
be found in the Electronic Disposition System Amendments User Guide.
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Complete and submit a paper application with all applicable supporting documentation for the
following activities only:
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Recreational Leases (REC)
Application Fees
There are non-refundable application fees for all applications submitted to the Department. Fees are defined in:
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Apr 28 2017
Public Lands Rents and other Amounts Payable Order (Ministerial Order 28/2015)
Process for the Issuance and Maintenance of Applications/Amendments and
Dispositions for Commercial, Industrial and Recreational Operations on Public Land
© 2017 Government of Alberta
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Mortgages, Assignments, Transfers, and Subleases
A disposition holder must obtain approval from the Director to mortgage, assign, transfer or sublease a
disposition (Public Lands Act: Section 43). Only a disposition which is a lease can be sublet (Public Lands
Administration Regulation: Section 146(4).
Further information regarding this process and requirements can be found in the document Mortgages,
Assignments, Transfers and Subleases.
Renewal
Under section 18(1) of PLAR, a holder of a disposition may, at any time after at least one half of the term of the
disposition, but no later than one year before the expiry of its term, make an application to the Director to renew
the disposition.
Dispositions must be renewed BEFORE they expire or a new application will need to be submitted. The
expiration date is stated on the disposition. If the disposition holder fails to make an application for renewal in
compliance with the renewal application requirements, the disposition expires. For more information refer to the
Step Four - Disposition Management page posted on the AEP website.
A Disposition Renewal Application must be completed (Public Lands Administration Regulation (Section 17)).
The application must be submitted through the Electronic Disposition System. Information on how to do this
can be found in the Electronic Disposition System Public Land Disposition Renewals User Guide.
Mail or email applications will only be accepted for the following disposition:
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Recreation Leases (REC)
Note: When an amendment is submitted based on a request of renewal or within 24 months of the
disposition’s expiry, should the amendment application be deemed complete and acceptable, the
amended disposition can be issued. The applicant will need to check the Extend Tenure box on the
Amendment application form to apply for a full disposition term, which addresses the renewal
requirement.
The following documents will be required as part of the renewal of a disposition:
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Renewal Application
Statutory Declaration or Affidavit
Once the renewal application has been successfully submitted to the department via EDS, the application will
undergo a review to determine if the application is complete. If any of the required items are identified as being
not included as part of the submission process, the application must be rejected as incomplete.
A notice of acceptance or rejection will be sent to the disposition holder or agent acting on behalf of the
disposition holder within 30 days of receipt of the amendment application.
This time period may be extended for a further 90 days (not to extend beyond a maximum of 120 days) by the
Director under section 15(2) of PLAR.
Once all of the requirements have been met, a disposition will be issued to the disposition holder for another
term.
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© 2017 Government of Alberta
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Note: Applicants renewing a REC will need to submit a paper renewal application form along with documents
listed above, via email to:
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[email protected]
The plan will need to be uploaded through the EDS as a plan package submission only. If a survey plan has
already been submitted, only the items listed below need to be submitted with the renewal application form.
Overholding Tenancy
In the event a disposition expires prior to being renewed the disposition holder will be deemed an overholding
tenant in accordance with section 20(3) of PLAR. The director may take any one of the following actions
outlined under section 20(3)(a)(b)(c)(d) or (e); enforcement, replacement disposition, authorization, disposal of
chattels and improvements, and sale of interest by public tender or auction.
Cancellation of an Active Disposition
Dispositions may be cancelled for a number of reasons at any time by the Director as defined in the Public
Lands Act (Section 26). The process the Department uses to do this is defined in the Public Lands Act (Section
27).
Dispositions can be cancelled by the disposition holder at any time. The Department has different requirements
of the disposition holder depending on whether the disposition site had been entered or not entered. Disposition
holders must understand and meet all of the requirements for cancellations.
Site Has Not Been Entered
If the disposition site has not been entered and the client wishes to cancel the disposition prior to expiration, a
proof of non-entry must be submitted. For the process and forms go to the Electronic Disposition System – No
Entry User Manual.
Site Has Been Entered
If the site has been entered, a Reclamation Certificate or a Letter of Clearance is required for reclamation
requirements defined in the disposition.
If the reclamation requirements cannot be met before disposition expiration, approval to access the land to
undertake the reclamation must be obtained. For the type of authority you need contact the appropriate regulator.
There are different requirements based on the variability of sites.
The disposition holder may be subject to compliance and enforcement actions, if a site has been entered prior to
cancellation and the disposition holder failed to notify the Department of entry or failed to meet the cancellation
requirements of the disposition. See Site Entry (above).
Reinstatement
A cancelled disposition may be reinstated as defined in the Public Lands Act: Section 28. The process and
requirements for reinstatement are defined in the Public Lands Administration Regulation (Sections 160 and
161).
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© 2017 Government of Alberta
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