Last Updated October 21, 2009
For maps and leaseholder contact information, see the Internet Mapping Framework
website at:
In 2003, the Alberta Government clarified the rules for recreational and exploration
access on agricultural dispositions issued under the Public Lands Act, including
grazing leases and farm development leases. The legislation balances the needs of
the leaseholders to protect the land and livestock from harm with the rights of
the recreational users for reasonable access. The legislation also includes a process
for addressing exploration disputes. The new rules encourage communication, co-operation
and respect.
The following information describes how the new rules work.
Location of Agricultural Public Lands
Does this new legislation apply to all public lands?
Alberta has about 100 million acres of public land in total. The new legislation
specifically applies to about five million acres of agricultural land leased for
grazing and cultivation. Only a very small amount of this land is located in the
forested area of the popular foothills area of the province. Forest grazing allotments
are not affected by this legislation.
How do recreational users know if the land they want to access is leased for
agriculture?
Public land and private land are often intermingled. It is the recreational user's
responsibility to know whether the land you wish to access is publicly or privately
owned. Sustainable Resource Development has developed a website
The Alberta Government encourages leaseholders to place signs on their public land
leases with contact information.
Rights and Responsibilities of the Leaseholder
Does the leaseholder have to provide access to recreational users?
As the holder of a grazing lease or farm development lease, leaseholders must allow
reasonable access to the land for recreation.
Leaseholders may have legitimate concerns about some recreational use. There are
circumstances when access is not reasonable and under which leaseholders may restrict
access or specify conditions for using the grazing or farm development lease. Generally,
this would be based on protecting the land, grazing resource, or livestock from
possible damage from the proposed activity, or on the timing or season of use. The
Department of Sustainable Resource Development may also add conditions or restrictions
on using the land. For example, these restrictions may be placed during times of
high fire hazard or to protect the land from erosion.
Under the regulations, the leaseholder may deny access, or apply conditions to access,
when:
- access would be anything other than foot access, including bicycles, horse or other
animal, or motor vehicles;
- the proposed use would occur in a fenced pasture where livestock are present or
on cultivated land on which a crop is growing or has not been harvested. (If livestock
are not impacted by the visit, leaseholders are expected to provide access.);
- access to all or part of the agricultural disposition land has been prohibited due
to a fire ban as determined by either the Provincial or municipal authority;
- the proposed use would involve hunting at a location that is unreasonably close
to a fenced pasture in which livestock of the agricultural disposition holder are
present;
- the proposed use is camping; or
- the proposed use would be contrary to a recreational management plan.
What happens if a leaseholder denies reasonable access?
The Department may issue an access order requiring leaseholders to allow access.
If leaseholders are unsure of whether or not they can restrict access, they can
call their local Lands Office. The section titled "Settling Disagreements"
further on in this pamphlet deals with resolving issues that a leaseholder or a
recreational user may raise.
Does the leaseholder have to tell the recreational user why he/she is denying
access?
Yes. Leaseholders should explain their reason as specified under the new regulations.
Can leaseholders deny access whenever livestock are on the lease?
If livestock are not impacted by the visit, leaseholders are expected to provide
access. Leaseholders are expected to follow the intent of this legislation, which
is to balance the right of recreational users to access with the leaseholder's need
to protect the land or livestock from possible harm. Moving a few cattle from one
pasture to another to prevent recreational access is an example of not following
the intent of the legislation.
How is crop on "cultivated land" defined?
Cultivated land refers to annual crops and not to hayfields.
Can the leaseholder decide that the fire risk is too high to allow access?
No. Only the province or municipality can decide the fire risk is too high to allow
access.
Can the leaseholder limit the number of people who come on the land?
No, but the leaseholder can discuss the concern with the Local Settlement Officer
who can limit the number of people who can come on the land. Also, in cases where
there are a high number of recreational users accessing the leases, the leaseholder
can ask that a recreational management plan be put in place. These plans could include
restrictions on the number of people on the lease at one time. Both completed recreational
management plans and limits set by a Local Settlement Officer will be included with
the contact information on the web site. Call your local Lands office of Sustainable
Resource Development for more detail.
What conditions can leaseholders apply to recreational access?
Leaseholders can add conditions, such as: whether there are times when you might
allow vehicle access. Leaseholders have been asked through mail to provide information
on how people can make contact to access the lease. If leaseholders place other
conditions on access, Department staff will review them to ensure they are consistent
with what is allowed under the legislation.
Rights and Responsibilities of the Recreational User
Does the leaseholder need to be contacted before the recreational users visit?
The recreational user must contact leaseholders before accessing the land. The purpose
of the contact is to provide leaseholders with information about the visit and how
the visit could impact your operation. As well, leaseholders can provide the recreational
user with additional information about the land.
Recreational users are required to give the leaseholder the following information:
- type of recreational activity proposed;
- time and location the activity will occur on the land;
- number of people in the group;
- name of the recreational contact person and method of contact; and
- other related information that is requested, such as the names of all recreational
users and license plate numbers of vehicles used to transport people to the land.
The recreational user must always:
- pack out all litter;
- park vehicles so the approach to the land is clear;
- refrain from lighting fires without consent;
- leave gates in the same state in which they were found (e.g., closed); and
- not cause any damage to the lease land or the property of the agricultural leaseholder.
Are there specific rules for hunting and fishing on this land?
All of the rules under the Wildlife Act apply. Recreational users should also plan
to contact the leaseholder well ahead of time in case there are specific conditions
that apply to the lease.
Should the recreational user keep a record of the contact calls?
Recreational users should keep a record of their contact calls. The onus is on the
recreational user to show the proper procedure has been followed to contact the
leaseholder.
What about other legislation?
Provisions of other legislation continue to apply. For example, this legislation
only deals with access for hunting, while other rules for hunting are under the
Wildlife Act.
Contact information
What contact information must be provided?
To ensure that recreational users contact leaseholders before they use the land,
leaseholders must provide the Department with the name of a contact person for recreational
access. The contact information must include a telephone or fax number, or e-mail
address. Leaseholders can also specify some conditions on access, such as whether
leaseholders allow motorized vehicle access. Alternatively, leaseholders can specify
that they don't want to be contacted prior to a visit, but leaseholders must inform
the Department of that choice.
The Department will place this information on a public website at:
Before going onto the land, the recreational user must get in touch with the person
leaseholders have named as the contact person for the grazing or farm development
lease. If this information is not provided, the recreational user can come on the
land without contacting the leaseholder.
How will the privacy of the leaseholders be protected?
The web site searches are based on land location. Searches by name or by lease number
will not be possible. Leaseholders can choose not to put their contact information
on the web site. However, providing the information has important benefits to leaseholders.
Doing so helps ensure the leaseholder is contacted before a recreational user comes
on the land. The leaseholder can also place conditions for accessing the land, such
as requiring all gates be closed.
Can the leaseholder change the contact information?
Yes, the leaseholder can call (780) 427-3595 to change the information. Blank forms
will also be available at your local Lands office and on the Lands web site. Once
Lands has received your information, the change should only take a day to appear
on the recreational access web site.
Can the leaseholder specify on the web site times that they can be contacted?
Leaseholders can specify times, for example evenings only, as long as recreational
users have a reasonable chance to reach the leaseholder.
What happens if a recreational user doesn't contact the leaseholder first or
comply with the conditions of use?
This may be considered a contravention of the Recreational Access Regulation, and
a fine of $250. As an alternative, the Minister can require an administrative penalty
to be imposed. However, if a recreational user tries repeatedly to make contact,
but cannot connect with the leaseholder, the user may request approval from the
Department to access the lease land under the basic conditions of use.
If there is a dispute between a recreational user and a leaseholder, either party
can apply for a dispute resolution review. The dispute resolution process is described
in the Recreational Access Regulation.
How long will the recreational user have to wait before getting a response from
the leaseholder?
Recreational users should plan a trip well in advance and expect that it could take
a few days for the leaseholder to respond to the inquiry. However, recreational
users should hear something within a week of their first call.
What if the recreational user tries several times and can't get a hold of the
leaseholder?
The recreational user can contact the local public lands office or call the toll
free hotline at 1-866-279-0023.
Should the leaseholder keep a record of all contacts?
Leaseholders are not required to keep a record, but it may be useful to do so. An
example form that leaseholders might find useful is available from Lands offices
or as a PDF document.
Do these rules apply to other types of agricultural Public Land?
If the land is under another type of agricultural disposition, recreational users
do not have to contact the permit or license holder. These other types of agricultural
Public Land include grazing permits, cultivation permits, grazing licences, authorizations
to harvest hay or head tax grazing permits.
Liability
What is my liability?
As the leaseholder, your liability is reduced if recreational users become injured
while on the lease, unless the courts find that the leaseholder intentionally or
negligently tried to injure a user. Recreational users are responsible for their
own personal safety.
Is the leaseholder responsible for defining all hazards, including natural hazards?
As a courtesy, the leaseholders should identify anything unusual that the leaseholder
may have done to the lease. For example, the leaseholder may want to notify users
of any non-standard fences that may be on the property.
Does the leaseholder need any additional liability insurance?
It is generally recommended that agricultural producers carry liability insurance
whether it is private or public land.
Settling Disagreements
What happens if there is a disagreement between the leaseholder and recreational
user?
We encourage both leaseholders and recreational users to show respect for each other
and the land. If there is a disagreement between the leaseholder and the recreational
user, either party may contact a Lands office.
Lands staff may then discuss the concern with both the leaseholder and the recreational
user to find a solution. Often this type of communication and/or mediation can help
to resolve any issues. If agreement cannot be reached, a dispute resolution process
is available to both parties, through a local settlement officer. The process is
designed to be informal and flexible, with the goal of resolving the issue quickly
and effectively.
What is a "local settlement officer" and how do I reach one?
This is a new role created under the legislation to address issues on recreational
access. The position will be filled with current government staff who will be trained
in dispute resolution. Call your local Lands Office to talk to a local settlement
officer.
Who does the leaseholder call if somebody comes on the lease without contacting
the leaseholder first?
If the leaseholder wants to clarify the intent of the regulations or the legislation,
contact Lands. If, however, there is any threat of violence, call the RCMP immediately.
What are the penalties for contravening the new legislation?
The focus will be on providing information to leaseholders and recreational users
to encourage respect and cooperation. Recreational users or leaseholders who contravene
provisions related to recreational use may be subject to a fine of up to $2000,
or the minister can require an administrative penalty be imposed.
Exploration
Why do we need an exploration appeal process?
Grazing leaseholders previously had the right to deny access for exploration, which
includes geophysical operations for oil and gas. There was no right of appeal for
industry if they were denied access for exploration.
How will the new legislation change this situation?
All the current processes will continue until access consent cannot be obtained.
At that point new dispute resolution processes become available.
If the dispute is related to operational or land use concerns, a local settlement
officer can review it. If the dispute is related to compensation for access and
damages, the Surface Rights Board can review the dispute and issue a right of entry
order. In this way, the exploration activity is dealt with in a similar way as oil
and gas development access.
What if an exploration approval holder and a leaseholder cannot agree on compensation?
The dispute can be dealt with by the Surface Rights Board, which can issue a compensation
order for access or for loss or damages.
Can the leaseholder refuse access to an exploration company?
Yes, but under the new legislation if that happens, the company can go to the Surface
Rights Board and apply for a right of entry order to explore on a grazing lease
or farm development lease.
What happens if a leaseholder is concerned about environmental impacts of oil
and gas exploration?
If the leaseholder has an operational or land use concern, which includes how far
back the geophysical operations are from the groundwater source, the leaseholder
can contact the local settlement officer and request the setback distance be reviewed
before the exploration begins.
After a company has finished their exploration program on a lease, do they have
to reclaim the disturbed area?
The company is required to complete reclamation under Alberta law.
Still have questions?
If you require further information, please contact us.