Reservations / Notations

Reservations and notations are placed on public lands to fulfill a management commitment to that parcel of land, environmental sensitivities, areas of special concern or areas of Government of Alberta infrastructure.

The term length of reservations/notations is determined by the purpose code, however:

  • The coding may be amended
  • The reservation can be renewed or amended
  • Comments may be changed
  • Land can be added or deleted

The powers and rights of the Government of Alberta regarding placing reservations and notations on public land is defined in the Public Lands Act: Sections 7 and 35.

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Reservations

Reservations are regulatory instruments used under the Public Lands Act to set aside (reserve) public land (including any interest in public land) for other Government of Alberta departments without executing a disposition for it. The Government of Alberta has the right to reserve public land for any reason and for any period (for an indefinite term, if required) and subject to any terms and conditions.

Reservations can either:

  • Dictate the parameters of land use
  • Prohibit land use

Notations

Notations are instruments used through the Public Lands Act to identify a management intention regarding certain public land by government departments or legal entities. Notations indicate that the holder of the notation wants to be consulted before any commitment or disposition is placed on the land.

A notation does not:

  • Dictate the parameters of land use in a disposition
  • Negate a disposition from being placed on a particular portion of land

Applying for a Consultative Notation Company (CNC)

A company with a justified interest in certain lands may apply for a CNC to be consulted prior to any commitment or disposition of the land. CNCs are usually, but not exclusively, placed on lands that surround energy developments or proposed energy developments.

The following information is required to apply for a CNC on public land:

  1. The corporation's full legal corporate name as registered with Service Alberta's Corporate Registry
  2. Mailing address of the corporation
  3. The corporation's Environment and Parks client ID number
  4. The corporation's contact person's name, position, department, e-mail address, telephone and fax numbers
  5. List of "Lands Required" under CNC generated from the plan's Shape file and exported into an excel spreadsheet
    1. The list should start with the lowest township, range and meridian from the most easterly and southerly point on the plan
    2. Section numbers are to be listed in numerical order and quarter sections are to be listed with SE being first, SW second, NW third and lastly NE
    3. Do not show the hectares/acres for each quarter
    4. At the bottom of the "Lands Required" list include the following statements:
      • "CNC excludes all statutory road allowances, registered roads and unregistered roads used as public roads."
      • "CNC includes only public lands administered by Environment and Parks (AEP), which includes the bed and shore of all water bodies and water courses."
      • "Total hectares ___________ Total acres _______________"
    5. If lands are to be added and/or deleted, please provide a list of "Lands Added" and a list of "Lands Deleted" in addition to the "Lands Required". (only applies to renewals)
    6. Label each land list as "Schedule A", "Schedule B", etc.
    7. It is recommended you obtain and refer to a land standing for the CNC when preparing the land lists. (only applies to renewals)
  6. A plan of the area drafted to required standards
  7. Project or facility name the CNC is associated with
  8. Oil sand, coal or other mineral lease agreement numbers as issued by Alberta Energy and the name of the mineral right holder, if applicable

These requirements must be sent to the Department’s CNC Coordinator via email.

The CNC Coordinator may request additional information to determine if the company's interest in the lands being applied for is justified.

Note: CNC's are not normally issued on lands that cover entire mineral lease agreements or permit areas and are only issued in relation to an approved project or one under review.

CNCs are issued for a period of three years. It is the CNC holder’s responsibility to maintain the contact information provided on the CNC and to renew the CNC before expiry.

Disposition Application Process for Reservations/Notation

All disposition applicants must perform a "detailed" land standing search of the legal land locations for the proposed activity to determine if the lands have reservations/notations placed on them. The "detailed" land standing report provides comments specific to the reservation/notation in question.

The process for addressing reservations/notations in a disposition application are outlined in the Pre-Application Requirements for Formal Dispositions. This document also provides information on reservation and notation codes and direction on what must be done for an application.

Applicants must ensure that the requirements identified in any reservations, notations, and Land Use Framework Regional Plans associated with their proposed site are met before they apply for a disposition.

 

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Updated: Apr 10, 2018