Redford's Claim on Alberta Oil Sparks Constitutional Debate
Former Alberta Premier Alison Redford recently claimed that Alberta's oil is a 'Canadian resource' and should be used as a bargaining chip in Ottawa's trade fight with the United States. However, according to constitutional law, Alberta's natural resources are primarily under provincial jurisdiction, with most of the province's mineral rights owned by the Alberta Crown.
The Government of Alberta says that the provincial Crown owns the mineral rights to approximately 81% of Alberta's 66 million hectares, including vast oil and natural gas deposits. This is due to a historical agreement, the Natural Resources Transfer Agreement, signed in 1929 and implemented in 1930, which transferred control of those resources from the federal government to Alberta.
The Constitution also supports this, with Section 92A giving provincial legislatures exclusive authority over the exploration, development, conservation, and management of non-renewable natural resources within their provinces. While Ottawa retains some constitutional powers over interprovincial and international trade, this does not give the federal government absolute control over Alberta's oil.