Feature Story
December 8, 2006

New fines for recreational access offences

Public land is intended for enjoyment by Albertans. Where public land is leased to farmers and ranchers for agricultural purposes such as grazing cattle, recreational users must contact the leaseholder before accessing the land.

The leaseholder must provide reasonable access to the public land, but can restrict certain uses, such as camping. The lease holder may also have special requirements such as closing gates or not bringing pets on the land. It is important to know these requirements and to abide by them to avoid having a negative impact on the land or livestock.

It is the recreational user's responsibility to determine if the land is publicly or privately owned. Alberta Sustainable Resource Development's (ASRD) website provides information on each location of leased agricultural public lands, along with contact information for the leaseholder. ( www.srd.gov.ab.ca/land/recaccess/contact )

There have been times when recreational users have not complied with access guidelines causing ASRD to develop regulations and penalties to deal with non-compliance. When first developed in 2003, the regulations included the option for a Fish and Wildlife officer to issue a warning, or to charge a violator which would require the violator to appear in court. A judge would then decide the amount of the fine.

Effective October 1, 2006, new changes to the province's Recreational Access Regulation now provide an option for Albertans to pay fines for certain recreational access offences, rather than having to appear in court.

The changes give the person charged the choice to either pay the fine, or challenge it in court, much like a traffic ticket.

"I think the introduction of fines is an effective deterrent for most people and it's also a more efficient use of time for the court, officers and those charged with an offence," said David Coutts, Minister of Sustainable Resource Development.

New Specified Penalties

Action
Penalty

Failure to make contact with the agricultural lease holder prior to accessing leased land for recreational purposes

$250.00

 

Litter

$250.00

Bringing an animal on a lease or disposition without authority or not in control

$200.00

Parking on a lease or blocking an approach without consent

$150.00

Lighting fires without consent

$500.00

Using a building or improvement without consent

$250.00

Causing damage to a lease, disposition land or property

$350.00

Not leaving gates and property in the same state as found

$350.00

Not complying with a Recreational Management Plan (where applicable)

$250.00

Not complying with terms and conditions of a leaseholder.

$250.00

Not complying with terms and conditions imposed under a Recreational Management Plan, Local Settlement Officer or Director

$250.00

 

Not complying with a Director's Order

$250.00


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.

For more information on recreational access to agricultural public land, visit http://www.srd.gov.ab.ca/land/recaccess/publiclandaccess.html