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MODERNIZED MUNICIPAL GOVERNMENT ACT

MODERNIZED MUNICIPAL GOVERNMENT ACT

Chapter 24

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cM‑26

1   The Municipal Government Act is amended by this Act.

 

91   Section 616 is amended

                           (d)    by adding the following after clause (h):

                             (h.1)    “inclusionary housing” means the provision of dwelling units or land, or money in place of dwelling units or land, for the purpose of affordable housing as a condition of subdivision approval or of being issued a development permit;

                             (h.2)    “inclusionary housing regulation” means a regulation made under section 694(1)(j);

 

100   Section 640(4) is amended

                           (b)    by adding the following after clause (r):

                                 (s)    standards and requirements for inclusionary housing in accordance with an inclusionary housing regulation.

 

106   Section 650(1) is amended by adding the following after clause (f):

                           (g)    to provide for inclusionary housing in accordance with the land use bylaw and the inclusionary housing regulation.

 

110   Section 655(1)(b) is amended by adding the following after subclause (vi):

                              (vii)    to provide for inclusionary housing in accordance with the land use bylaw and the inclusionary housing regulation;

 

123   Section 680 is amended

                            (a)    in subsection (2) by adding the following after clause (a.1):

                              (a.2)    must comply with the inclusionary housing provisions of the land use bylaw and the inclusionary housing regulation;

 

129   Section 687(3) is amended by adding the following after clause (a):

                           (a.01)    must comply with the inclusionary housing provisions of the land use bylaw and the inclusionary housing regulation;

 

131   Section 694 is amended

                            (a)    in subsection (1)

                                (iii)    by adding the following after clause (i):

                                        (j)    respecting the provision of inclusionary housing, including, without limitation, regulations respecting

                                             (i)    standards for inclusionary housing;

                                            (ii)    the requirements and conditions under which a land use bylaw may require inclusionary housing as a condition of the applicant’s being issued a development permit or as a condition of the applicant’s receiving a subdivision approval; 

                                           (iii)    the conditions when money in place of inclusionary housing is permitted and the purposes for which the money can be used;

                                           (iv)    the conditions or restrictions on the use of land provided for inclusionary housing;

                                            (v)    the responsibility for ongoing operations of the management of dwelling units provided for inclusionary housing;

                                           (vi)    the conditions for the sale or disposal of dwelling units or land provided for inclusionary housing;

                                          (vii)    respecting the ownership of dwelling units or land provided for inclusionary housing; 

                                         (viii)    measures and any requirements to offset in whole or in part a requirement to provide inclusionary housing.

Transitional — appeals of certain decisions

137(1)  In this section,

                           (a)    “former section 470” means section 470 of the Municipal Government Act as it read at any time before the coming into force of this section;

                           (b)    “former section 506” means section 506 of the Municipal Government Act as it read at any time before the coming into force of this section.

(2)  Where an application or appeal under the former section 470 or the former section 506 is before the Court when this section comes into force, the Court may, with the consent of all parties, if the Court considers it appropriate to do so, order that the application or appeal be dealt with as an application for judicial review.

(3)  Where the Court makes an order under subsection (1) the Court may also make any other order or give any direction that the Court considers necessary or appropriate to facilitate the hearing of the matter as a judicial review.

138   Repealed 2017 c13 s2(23). 

 

141(1)  This Act, except sections 1, 16, 21(a)(ix), 22, 46(a), 56, 65, 66, 67, 69(h), 81, 82, 84(d), 99, 137, 138 and 140, comes into force on Proclamation.

(2)  Section 46(a) is deemed to have come into force on January 1, 2016.

(3)  Section 56 is deemed to have come into force on the date the Bill to enact the Modernized Municipal Government Act received first reading.

(4)  Sections 21(a)(ix), 65, 66, 67, 69(h), 81, 82, 84(d) and 137 come into force on January 1, 2017.

(5)  Section 16 comes into force on July 1, 2017.