All-season Resorts Regulation

(no amdt) alberta regulation 283/2025 All‑season Resorts Act ALL‑SEASON RESORTS REGULATION Table of Contents Part 1 Definitions 1 Definitions Part 2 Application and Approval Process 2 Application for disposition 3 Master development plan and concept review 4 Master development agreement 5 Public notice of application 6 No rights without all‑season resort disposition 7 Issuance of all‑season resort disposition Part 3 Compliance and General Matters 8 Breach of master development agreement 9 Enforcement under specified enactments 10 Directives and guidelines 11 Disposition type and subleasing Part 4 Coming into Force 12 Coming into force Part 1 Definitions Definitions 1 In this Regulation, “master development plan” means a plan, as described in section 3, to develop an all-season resort development. Part 2 Application and Approval Process Application for disposition 2 An application for an all-season resort disposition must be made in accordance with (a) sections 9 and 143.4 of the Public Lands Administration Regulation (AR 187/2011), and (b) any other provisions of the Public Lands Administration Regulation (AR 187/2011) that apply to the consideration of a formal disposition. Master development plan and concept review 3 (1) An application referred to in section 2 must include a master development plan that meets the requirements of section 143.4 of the Public Lands Administration Regulation (AR 187/2011). (2) The master development plan must (a) be submitted in a form satisfactory to the director, (b) comply with any policies established under section 3 of the Act, and (c) consider any directives or guidelines established by the director under section 10. (3) The director may require the applicant to provide any additional information the director considers necessary for the purpose of reviewing a master development plan. (4) After the director confirms that the application is complete, the director must conduct a concept review of the master development plan to assess its completeness, feasibility and alignment with policy and any directives or guidelines issued by the director for all-season resort areas. (5) The director must complete the concept review within 150 days after determining that the application is complete. (6) Despite subsection (5), the director may (a) extend that period for up to 100 days with written notice to the applicant, or (b) agree in writing with the applicant to a longer period. (7) Following the concept review, the director may (a) approve the master development plan, with or without conditions, and notify the applicant of the approval, or (b) reject the master development plan and provide written reasons to the applicant for the rejection. Master development agreement 4 (1) If a master development plan has been approved under section 3(7)(a), the Minister may require the applicant to enter into a master development agreement with the Minister before an all-season resort disposition is issued. (2) A master development agreement may confirm the approved master development plan and set out terms and conditions relating to the all-season resort development, including provisions respecting (a) the scope, structure and phasing of the development, (b) the lease arrangements, including multiple leases, subleases or rent considerations, (c) capital investment plans and financial arrangements with any party, (d) the transfer or management of assets, (e) timelines for the review and update of the master development plan and the master development agreement, and (f) consequences for non-compliance with the master development agreement. Public notice of application 5 (1) An applicant must provide public notice of an application for an all-season resort disposition before the director makes a decision under section 3(7) on the master development plan included in that application. (2) Public notice must (a) be issued in a form and manner satisfactory to the director, (b) include the information required by the director, and (c) remain open to the public for comment for a minimum of 30 days. (3) The director may extend the notice period under subsection (2)(c) once, for up to 30 days. (4) For the purposes of a combined application under section 11 of the Act, public notice given under this section is deemed to satisfy an equivalent requirement under a specified enactment. No rights without all‑season resort disposition 6 Any decision made or requirement fulfilled under this Regulation before the issuance of an all-season resort disposition does not (a) confer any right or entitlement to an all-season resort disposition, or (b) replace the requirement for an all-season resort disposition to be issued before the all-season resort development may proceed. Issuance of all‑season resort disposition 7 (1) The director may issue an all-season resort disposition under section 143.3(1) of the Public Lands Administration Regulation (AR 187/2011) only if (a) the master development plan has been approved under section 3(7)(a), and (b) any required master development agreement has been entered into. (2) A disposition issued under subsection (1) (a) must be consistent with the approved master development plan, and (b) is subject to any terms and conditions that may be imposed under sections 10(2) and 143.3(2) and (3) of the Public Lands Administration Regulation (AR 187/2011). Part 3 Compliance and General Matters Breach of master development agreement 8 For the purposes of the Act and the specified provisions, a failure by the holder of an all-season resort disposition to comply with a term or condition of a master development agreement, if one has been entered into, is deemed to be a failure to comply with a term or condition of the all-season resort disposition issued in respect of the all-season resort area. Enforcement under specified enactments 9 For the purposes of the Act, a person who fails to comply with this Regulation, or with a term or condition of an approval issued under a specified provision, is subject to enforcement under the applicable specified enactments, including those specified provisions that establish administrative penalties. Directives and guidelines 10 (1) For the administration of this Regulation, the director may issue written directives or guidelines respecting the application, review, construction, operation, maintenance or compliance of all-season resort developments under the Act or any specified enactment. (2) Without limiting subsection (1), a directive or guideline may address (a) information required to accompany an application, (b) environmental assessment requirements, (c) remediation or reclamation required as a result of resort-related activities, or (d) operational matters, including environmental protection and public safety. (3) A directive or guideline issued under this section is advisory in nature and does not create, limit or fetter a discretion conferred by the Act or a specified enactment. Disposition type and subleasing 11 (1) An all-season resort disposition under section 143.3 of the Public Lands Administration Regulation (AR 187/2011) may be issued as a lease or in any other form the director considers appropriate. (2) Despite section 146(4) of the Public Lands Administration Regulation (AR 187/2011), the director may authorize the subleasing, including further sub-subleasing, of all or part of the lands subject to an all-season resort disposition, on any terms and conditions the director considers satisfactory. Part 4 Coming into Force Coming into force 12 This Regulation comes into force on the coming into force of section 1(5) of the Red Tape Reduction Statutes Amendment Act, 2025 (No. 2) .