Emergency Statutes Amendment Act, 2024

Summary#

Bill 21 changes Alberta’s fixed election date to the fall and updates campaign rules to match. It also gives the provincial government clearer, faster powers to act during wildfires, floods, droughts, and other emergencies, and sets new reporting and cost rules for local governments.

• Moves the provincial general election date to the third Monday in October (from late May) and adjusts related timelines.
• Shortens the pre-election third‑party advertising period, now starting the fourth Monday in May of an election year.
• Lets the Minister assume some or all local emergency powers during a declared local emergency and delegate those powers to officials.
• Expands firefighting powers, including directing municipal resources, acting on federal lands by request/agreement, and removing trees, structures, or crops to fight fires.
• Allows fast water‑emergency actions: stop or limit water use, order meters and monitoring, permit temporary inter‑basin transfers for health, animals, or safety, and waive some permits in emergencies.
• Clarifies compensation and legal immunity: municipalities are generally responsible for property compensation in local emergencies unless the province orders otherwise; broader good‑faith immunity for officials.

What it means for you#

• Voters and political groups

  • Provincial elections would be in October, not May. Campaign activity and advance voting timelines would shift into late summer and fall.
  • Third‑party election advertising rules before the writ would apply from late May to the writ, not from January 1. This shortens the pre‑writ period with spending limits.
  • Some election-related applications that could start March 1 would start in mid‑July in an election year.
  • If a Senate nominee election is held with a provincial election, the order window moves to late August.

• Residents during emergencies (wildfire, flood, drought, pandemic)

  • The province can take over some or all local emergency powers during a declared local emergency and keep them for up to 28 days (90 days for a pandemic). The province must publish order details quickly.
  • Officials can act faster and with fewer procedural steps. In water emergencies, they can enter land or buildings without a warrant to protect health and safety.
  • Fire response can include removing trees, structures, or crops to reach or stop a fire. Officials can work without getting usual environmental or land‑use permits in an emergency.
  • Compensation for property used or damaged is not automatic. In local emergencies, your municipality generally handles compensation unless the province decides to take it on. In water emergencies, the province may pay compensation at its discretion.
  • Lawsuits against officials for good‑faith emergency decisions become harder, due to expanded legal immunity.

• Farmers, ranchers, and other water users

  • In a water emergency, regulators can order you (or classes of licensees) to measure flows, install equipment, change timing or volumes, or stop diverting water.
  • The province can set priority uses (for example, human health, animal needs, public safety) and allow temporary transfers between major river basins to meet those needs.
  • Some notices and appeal rights are limited for certain emergency water decisions.

• Municipalities and Métis settlements

  • Must report more emergency planning and incident information to the Minister on request or by regulation.
  • The Minister can direct your firefighting operations, take control of your firefighters and equipment, or require specific fire plans. The province can also continue work to investigate causes or restore land after a fire response.
  • You remain responsible for local fire costs and, in a local emergency, for compensation related to property used or damaged—unless the Minister issues an order to assume or reimburse those costs.
  • Updated terms clarify responsibilities for rural and urban municipalities and enable fire control agreements with municipalities and Métis settlements.

• Businesses and landowners

  • You may face emergency orders to support response efforts, including access to land or changes in water use.
  • Damage or loss tied to emergency actions may be compensable, but payment is not guaranteed and may depend on Ministerial orders.

Expenses#

No publicly available information.

Proponents' View#

• Moving elections to October aligns with federal timing, avoids spring conflicts, and gives clearer schedules for voters and campaigns.
• Faster, clearer provincial powers make it easier to protect lives, property, and critical infrastructure during fires, floods, and droughts.
• Letting the province direct municipal firefighting and waive permits cuts red tape and speeds action when minutes matter.
• Clear reporting from local authorities improves coordination and situational awareness.
• Water‑emergency tools (priority uses, monitoring, temporary inter‑basin transfers) help communities, farms, and animals get water in severe drought.
• Updated rules on compensation and legal immunity give responders confidence to act quickly and in good faith.

Opponents' View#

• Centralizing emergency powers may sideline local governments and reduce community input during crises.
• Shifting compensation responsibility to municipalities (unless the province steps in) could strain local budgets and delay payments to affected residents or businesses.
• Expanded legal immunity and limits on appeals reduce accountability and recourse for people harmed by emergency decisions.
• Warrantless entry and the ability to remove trees, structures, or crops may raise civil liberties and property rights concerns.
• Shortening the pre‑writ advertising period and moving some election timelines could advantage incumbents and constrain third‑party voices.
• Frequent Ministerial orders that are not subject to the Regulations Act may reduce transparency and oversight.