The transition should concentrate first on matters that are necessary for legal continuity, essential services and Alberta’s ability to function as an independent country on Day 1 of independence.
The key distinction is between:
- matters Alberta can prepare or implement itself;
- matters requiring agreement with Canada, First Nations or other parties;
- external arrangements or recognition that Alberta cannot create unilaterally; and
- matters that can safely remain open after Day 1 of independence.
This allows negotiations to focus on genuine dependencies rather than attempting to settle every policy or administrative issue before independence.
26.1 Principal Canada–Alberta Settlement
Following a successful independence referendum, Alberta should convert the preparation completed in Phase 1 into an approved negotiating mandate and proposed settlement terms.
The principal Canada–Alberta negotiations should address the matters necessary to establish the legal and practical framework for independence, including:
- the effective date and legal implementation of independence;
- continuation, transfer or replacement of federal functions;
- debt, assets, federal property, records and liabilities;
- citizenship, mobility, borders, customs and trade;
- pensions, benefits and federal employee matters;
- banking, payments and other shared systems;
- transportation, energy, telecommunications and other cross-border infrastructure; and
- transitional service arrangements and mechanisms for resolving matters remaining after Day 1 of independence.
First Nations treaty, reserve, rights and governmental relationships require direct First Nation-specific processes. Where Canada holds responsibilities affected by those arrangements, the appropriate process will require Canada, Alberta and the affected First Nation participation.
The proposed initial intensive negotiation period runs from spring 2027 to September 20, 2027. September 20 is a Negotiation Decision Point, not a deadline requiring negotiations to end. The objective is substantial progress and, where possible, an agreement in principle before the October provincial election. Negotiations may continue during and after the election.
26.2 Day 1 Priority Arrangements
Negotiating effort should be concentrated on arrangements that must operate by Day 1 of independence or have a reliable temporary bridge.
Priority areas include:
- constitutional and legal implementation;
- Aboriginal and treaty rights and First Nation-specific continuity arrangements;
- records and data required to administer government;
- taxation, treasury, banking and payment systems;
- pensions, benefits and payroll;
- citizenship, mobility, borders and customs;
- trade and transportation corridors;
- policing and legal cooperation;
- aviation and air navigation;
- energy and telecommunications interfaces;
- international recognition and essential market access; and
- temporary Canada–Alberta services where an immediate Alberta replacement is unnecessary or impractical.
These are not necessarily the issues that must be permanently resolved before Day 1 of independence. They are the issues for which a functioning legal or operational arrangement must exist.
26.3 Alberta-Controlled Implementation
Negotiations should proceed in parallel with work Alberta can control itself.
This includes preparing continuity legislation, establishing or expanding Alberta institutions, recruiting and training staff, developing budgets and procurement plans, preparing records and technology, continuing licences and approvals, and testing domestic systems.
Alberta should not postpone work it can lawfully perform merely because negotiations on related external matters remain underway.
26.4 Matters That Can Remain Open After Day 1 of Independence
Not every issue must be finally settled before independence.
Final valuation of some assets, longer-term service arrangements, detailed institutional redesign, selected international accessions and other matters can continue after Day 1 where a lawful temporary arrangement protects continuity.
Selected references from white papers
- Supreme Court of Canada: Reference re Secession of Quebec, [1998] 2 S.C.R. 217.
- Government of Canada: Clarity Act, S.C. 2000, c. 26.
- Government of Canada: Constitution Acts, 1867 to 1982.
