Removing Roadblocks: A Legislative Solution

Written By Alison Gray

Land disputes associated with oil and gas development may give rise to roadblocks or other forms of protest in an attempt to impede access by oil and gas and other resource companies to those lands. The Alberta government has enacted legislative provisions that may assist in providing a remedy to those who find their use of public roads to access well sites or other facilities hindered by such protest.

Subsections 54.03(6) and (7) of the Public Lands Act (PLA) offer a solution to oil and gas producers faced with blockades or disruptions on public roads to which the company has a right of access.

Sections 54.01 and 54.03 of the PLA were passed by the Alberta Legislature in order to allow the Alberta government “…to deal swiftly and effectively with instances of non-compliance of public lands involving industrial roads.” (Hansard, No. 1691, November 18, 2003) Section 54.01(3) of the PLA provides:

No person shall block, disrupt, hinder, impede, interfere with or otherwise obstruct free access to or passage on or over, or use by any other person of, a highway, road or trail located on public land unless that person was authorized to do so by the Minister or under this Act or the regulations.

Section 54.01(6) provides that anyone who has been prevented from having free access to or passage on or over a road due to a contravention of s. 54.01(3) may apply to a judge of the Court of Queen's Bench for a short-term or long-term order. The only difference between a short-term and long-term order is that the short-term order must be for a period of seven days and a long-term order must be for a period exceeding seven days, but not exceeding one year.

Pursuant to s. 54.03(3), an application for a short-term order can be made ex parte and must be supported by affidavit evidence, which may be based on information and belief. An application for a long-term order must be made by originating notice on at least two days' notice and must be supported by affidavit evidence. In granting a short-term or long-term order under the PLA, a Judge may:

1. Prohibit any person from engaging in or continuing in the activity that constitutes a contravention,
2. Authorize a police officer to remove or seize and remove any material, barrier, equipment, vehicle, structure or obstruction used in the contravention, and
3. Make any other order the Judge considers appropriate.

Thus, in those cases in which a company finds its right to access a public road is obstructed and operations impeded by a protesting group, an order may be sought to prohibit any such groups from hindering access. While this provision has not yet been the subject of a reported decision, it represents another avenue for resolving such matters on a short-term basis.