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MODERNIZED MUNICIPAL GOVERNMENT ACT

Bill 21

MODERNIZED MUNICIPAL GOVERNMENT ACT

Chapter 24

(Assented to December 9, 2016)

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.

 

2   The following is added before the enacting clause:

Preamble

WHEREAS Alberta’s municipalities, governed by democratically elected officials, are established by the Province, and are empowered to provide responsible and accountable local governance in order to create and sustain safe and viable communities;


WHEREAS Alberta’s municipalities play an important role in Alberta’s economic, environmental and social prosperity today and in the future;

WHEREAS the Government of Alberta recognizes the importance of working together with Alberta’s municipalities in a spirit of partnership to co‑operatively and collaboratively advance the interests of Albertans generally; and

WHEREAS the Government of Alberta recognizes that Alberta’s municipalities have varying interests and capacity levels that require flexible approaches to support local, intermunicipal and regional needs;

 

3   The enacting clause is amended by adding “THEREFORE” before “HER MAJESTY”.

4   Section 1 is amended

                            (a)    in subsection (1)

                                  (i)    in clause (f) by adding “but does not include an assessment review board established under section 454 or a subdivision and development appeal board established under section 627” after “this Act”;

                                 (ii)    by adding the following after clause (z):

                                    (z.1)    “summer village residence” means a parcel of land having at least one building the whole or any part of which was designed or intended for, or is used as, a residence by one person or as a shared residence by 2 or more persons, whether on a permanent, seasonal or occasional basis;

                           (b)    by adding the following before subsection (2):

(1.2)  In this Act, a reference to a body of water is to be interpreted as a reference to

                                       (a)    a permanent and naturally occurring water body, or

                                       (b)    a naturally occurring river, stream, watercourse or lake.

                            (c)    by adding the following after subsection (2):

(2.1)  For the purposes of the definition of “summer village residence” in subsection (1)(z.1), “building” includes a manufactured home, mobile home, modular home or travel trailer but does not include a tent.

 

5   The following is added after section 2:

Indian reserves

2.1   No municipality, improvement district or special area constituted under the Special Areas Act includes land set apart as an Indian reserve within the meaning of the Indian Act (Canada).

 

6   Section 3 is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following after clause (c):

                           (d)    to work collaboratively with neighbouring municipalities to plan, deliver and fund intermunicipal services.

 

7   Section 14(1)(d) is repealed and the following is substituted:

                           (d)    a controlled corporation as defined in section 75.1.

 

8   The heading preceding section 47.1 and section 47.1 are repealed.

 

9   Section 54 is repealed and the following is substituted:

Providing services in other areas

54   A municipality may provide outside its municipal boundaries any service or thing that it provides within its municipal boundaries

                                 (a)    in another municipality, but only with the agreement of the other municipality, and

                                 (b)    in any other location within or adjoining Alberta, but only with the agreement of the authority whose jurisdiction includes the provision of the service or thing at that location.

 

10   Section 55(1)(b) is amended by striking out “section 163 of the School Actand substituting “section 179 of the School Act”.

 

11   Section 60(1) is amended by striking out “rivers, streams, watercourses, lakes and other natural bodies of water” and substituting “bodies of water”.

 

12   Section 73 is repealed.

 

13   The following is added after section 75:

Division 9
Controlled Corporations

Control of corporations

75.1(1)  In this Division,

                                 (a)    “controlled corporation” means a corporation controlled by a municipality or a group of municipalities and includes a subsidiary, within the meaning of section 2(4) of the Business Corporations Act, of such a corporation;

                                 (b)    “corporation” means a corporation that operates for the purpose of making a profit.

(2)  A municipality, by itself or with other municipalities, may establish and control, or obtain control of, a corporation only if the council of the municipality

                                 (a)    passes a resolution authorizing the municipality to control the corporation by itself or with other municipalities, as the case may be, and

                                 (b)    is satisfied that

                                        (i)    the controlled corporation will carry on business solely for one or more of the purposes described in section 3,

                                      (ii)    the controlled corporation will provide a service or benefit to residents of the municipality or group of municipalities that controls it, and

                                     (iii)    the profits and dividends of the controlled corporation will provide a direct benefit to the residents of the municipality or group of municipalities that controls it.

(3)  Before a council passes a resolution under subsection (2)(a), the council must

                                 (a)    consider a business plan that addresses the matters referred to in subsection (4), and

                                 (b)    hold a public hearing in accordance with the regulations.

(4)  The matters to be addressed in a business plan referred to in subsection (3)(a) include

                                 (a)    the costs related to establishing and controlling or obtaining control of the corporation, as the case may be,

                                 (b)    the value of any assets of the municipality or group of municipalities that are to be transferred to the corporation,

                                 (c)    a cash flow projection for the next 3 years of the corporation’s operation,

                                 (d)    the corporation’s financial statements and operating and capital budgets for the most recent 5 years, or if the corporation has existed for less than 5 years, the financial statements and operating and capital budgets for each year it has existed, and

                                 (e)    any other information prescribed by the regulations.

Financial statements and other reports

75.2(1)  The council of each municipality that controls a corporation must ensure that the controlled corporation submits to the council the annual financial statements referred to in section 279 and any other reports prescribed by the regulations.

(2)  A council must make available for public inspection the annual financial statements and any other reports that it receives from a controlled corporation under subsection (1).

Material change

75.3   If there is a proposed material change to the business operations of a controlled corporation, the council of each municipality that controls the corporation must, in accordance with the regulations,

                                 (a)    notify the residents of the municipality of the proposed material change, and

                                 (b)    provide an opportunity to residents of the municipality to make representations. 

Utility services provided by controlled corporation

75.4(1)  Part 2 of the Public Utilities Act does not apply in respect of a public utility that

                                 (a)    is owned or operated by a controlled corporation, and

                                 (b)    provides a utility service within the boundaries of a municipality or a group of municipalities that controls the corporation.

(2)  If there is a dispute between a regional services commission and a controlled corporation that owns or operates a utility service with respect to

                                 (a)    rates, tolls or charges for a service that is a public utility,

                                 (b)    compensation for the acquisition by the commission of facilities used to provide a service that is a public utility, or

                                 (c)    the commission’s use of any road, square, bridge, subway or watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Alberta Utilities Commission, and the Alberta Utilities Commission may issue an order on any terms and conditions that the Alberta Utilities Commission considers appropriate.

(3)  Sections 43 to 47, except section 45(3)(b), apply to a utility service provided by a controlled corporation.

Regulations

75.5(1)  The Minister may make regulations

                                 (a)    providing that certain types of corporations may not be controlled by a municipality or a group of municipalities without the Minister’s approval;

                                 (b)    respecting terms and conditions that apply when a municipality or a group of municipalities controls a corporation;

                                 (c)    prescribing information to be included in a business plan for the purposes of section 75.1(4)(e);

                                 (d)    respecting public hearings to be held under section 75.1(3)(b), including, without limitation, the form and nature of information that must be made available to the public before a public hearing is held;

                                 (e)    prescribing reports for the purposes of section 75.2(1); 

                                 (f)    respecting the manner in which a council must notify residents of the municipality of a material change to a controlled corporation;

                                 (g)    respecting the timing, scope and methods of obtaining public input from residents of a municipality regarding a material change to a controlled corporation;

                                 (h)    defining any term or expression that is used but not defined in this Division;

                                  (i)    specifying or describing by reference the provisions of this or any other enactment that do not apply, or that apply with modifications, to a controlled corporation;

                                  (j)    specifying or describing by reference any provisions that are to be added to or that are to replace the provisions of this Act or any other enactment in respect of a controlled corporation.

(2)  Regulations made under subsection (1) may apply in respect of one or more controlled corporations or may apply generally.

 

14   Section 130(2)(b) is amended by striking out “a majority of the electors of the summer village” and substituting “a number of the electors of the summer village equal to at least 50% of the number of summer village residences in the summer village”.

 

15   Section 153 is amended by adding the following after clause (a):

                              (a.1)    to promote an integrated and strategic approach to intermunicipal land use planning and service delivery with neighbouring municipalities;

 

16   The following is added after section 201:

Orientation training

201.1(1)  A municipality must, in accordance with the regulations, offer orientation training to each councillor, to be held within 90 days after the councillor takes the oath of office.

(2)  The following topics must be addressed in orientation training required under subsection (1):

                                 (a)    role of municipalities in Alberta;

                                 (b)    municipal organization and functions;

                                 (c)    key municipal plans, policies and projects;

                                 (d)    roles and responsibilities of council and councillors;

                                 (e)    the municipality’s code of conduct;

                                 (f)    roles and responsibilities of the chief administrative officer and staff;

                                 (g)    budgeting and financial administration;

                                 (h)    public participation;

                                  (i)    any other topic prescribed by the regulations.

(3)  The Minister may make regulations respecting orientation training, including, without limitation, regulations

                                 (a)    respecting the delivery of orientation training;

                                 (b)    prescribing topics to be addressed in orientation training.

 

17   Section 223(2)(b) is amended by striking out “10% of the electors of the summer village” and substituting “a number of the electors of the summer village equal to at least 20% of the number of summer village residences in the summer village”.

 

18   Section 232(2) is repealed and the following is substituted:

(2)  A petition requesting a new bylaw under Part 8, 9, 10, 17 or 17.2 or an amendment or repeal of a bylaw or resolution made under Part 8, 9, 10, 17 or 17.2 has no effect.

 

19   Section 241(d) is amended by striking out “corporation controlled by a municipality” and substituting “controlled corporation as defined in section 75.1”.

 

20   Section 250 is amended

                            (a)    by adding the following after subsection (2):

(2.1)  Subsection (2) does not apply to a municipality’s investment in a controlled corporation.

                           (b)    in subsection (3) by striking out “and a municipality may not acquire shares of a corporation under subsection (2)(e) if the acquisition would allow the municipality to control the corporation”.

 

21   Section 284 is amended

                            (a)    in subsection (1)

                                  (i)    by repealing clause (d) and substituting the following:

                                       (d)    “assessor” means

                                             (i)    the provincial assessor, or

                                            (ii)    a municipal assessor,

                                               and includes any person to whom those duties and responsibilities are delegated by the person referred to in subclause (i) or (ii);

                                 (ii)    by adding the following after clause (f):

                                  (f.01)    “designated industrial property” means

                                             (i)    facilities regulated by the Alberta Energy Regulator, the Alberta Utilities Commission or the National Energy Board,

                                            (ii)    linear property,

                                           (iii)    property designated as a major plant by the regulations,

                                           (iv)    land and improvements in respect of a parcel of land where that parcel of land contains property described in subclause (i) or (iii), and

                                            (v)    land and improvements in respect of land in which a leasehold interest is held where the land is not registered in a land titles office and contains property described in subclause (i) or (iii);

                                (iii)    by repealing clause (g);

                                (iv)    by repealing clause (k) and substituting the following:

                                       (k)    “linear property” means

                                             (i)    electric power systems, which has the meaning given to that term in the regulations,

                                            (ii)    street lighting systems, which has the meaning given to that term in the regulations,

                                           (iii)    telecommunication systems, which has the meaning given to that term in the regulations,

                                           (iv)    pipelines, which has the meaning given to that term in the regulations,

                                            (v)    railway property, which has the meaning given to that term in the regulations, and

                                           (vi)    wells, which has the meaning given to that term in the regulations; 

                                 (v)    by adding the following after clause (n.2):

                                   (n.3)    “municipal assessment roll” means the assessment roll prepared by a municipality under section 302(1);

                                   (n.4)    “municipal assessor” means a designated officer appointed under section 284.2 to carry out the functions, duties and powers of a municipal assessor under this Act;

                                (vi)    by adding the following after clause (o):

                                   (o.1)    “operational” has the meaning given to it in the regulations;

                               (vii)    by repealing clause (p) and substituting the following:

                                       (p)    “operator” has the meaning given to it in the regulations; 

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

                                    (r.1)    “provincial assessment roll” means the assessment roll prepared by the provincial assessor under section 302(2);

                                (ix)    by adding the following after clause (r.1):

                                    (r.2)    “provincial assessor” means the provincial assessor designated under section 284.1;

                                 (x)    by repealing clauses (s), (t), (v) and (w);

                           (b)    by adding the following after subsection (2):

(2.1)  For the purposes of subsection (1)(f.01)(i), a facility regulated by the Alberta Energy Regulator, the Alberta Utilities Commission or the National Energy Board includes all components of the facility, including any machinery and equipment, buildings and structures servicing or related to the facility and land on which the facility is located.

 

22   The following is added after section 284:

Provincial assessor

284.1(1)  The Minister must designate a person having the qualifications set out in the regulations as the provincial assessor to carry out the functions, duties and powers of the provincial assessor under this Act.

(2)  Subject to the regulations, the provincial assessor may delegate to any person any power or duty conferred or imposed on the provincial assessor by this Act.

(3)  The provincial assessor is not liable for loss or damage caused by anything said or done or omitted to be done in good faith in the performance or intended performance of the provincial assessor’s functions, duties or powers under this Act or any other enactment.

Municipal assessor

284.2(1)  A municipality must appoint a person having the qualifications set out in the regulations to the position of designated officer to carry out the functions, duties and powers of a municipal assessor under this Act.

(2)  Subject to the regulations, a municipal assessor may delegate to any person any power or duty conferred or imposed on the municipal assessor by this Act.

(3)  A municipal assessor is not liable for loss or damage caused by anything said or done or omitted to be done in good faith in the performance or intended performance of the municipal assessor’s functions, duties or powers under this Act or any other enactment.

 

23   Section 289 is amended 

                            (a)    by repealing subsection (1) and substituting the following:

Assessments for property other than
designated industrial property

289(1)  Assessments for all property in a municipality, other than designated industrial property, must be prepared by the municipal assessor.

                           (b)    by adding the following after subsection (2):

(2.1)  If the provincial assessor and a municipal assessor assess the same property, the municipality in which the property is situated must rescind the municipal assessment and notify the assessed person.

                            (c)    by repealing subsections (3) and (4). 

 

24   Section 291 is amended

                            (a)    by repealing subsection (2) and substituting the following:

(2)  No assessment is to be prepared

                                 (a)    for new linear property that is not operational on or before October 31,

                                 (b)    for new improvements, other than designated industrial property improvements, that are intended to be used for or in connection with a manufacturing or processing operation and that are not operational on or before December 31,

                                 (c)    for new designated industrial property improvements, other than linear property, that are intended to be used for or in connection with a manufacturing or processing operation and that are not operational on or before October 31,

                                 (d)    for new improvements, other than designated industrial property improvements, that are intended to be used for the storage of materials manufactured or processed by the improvements referred to in clause (b), if the improvements referred to in clause (b) are not operational on or before December 31, or

                                 (e)    for new designated industrial property improvements, other than linear property, that are intended to be used for the storage of materials manufactured or processed by the improvements referred to in clause (c), if the improvements referred to in clause (c) are not operational on or before October 31.

                           (b)    by repealing subsections (3) to (5).

 

25   Section 292 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Assessments for designated industrial property

292(1)  Assessments for designated industrial property must be prepared by the provincial assessor.

                           (b)    in subsection (2)

                                  (i)    in clause (a) by striking out “linear” and substituting “designated industrial”;

                                 (ii)    by repealing clause (b) and substituting the following:

                                       (b)    the specifications and characteristics of the designated industrial property as specified in the regulations.

                            (c)    by adding the following after subsection (2):

(2.1)  The specifications and characteristics of the designated industrial property referred to in subsection (2)(b) must reflect

                                 (a)    the records of the Alberta Energy Regulator, the Alberta Utilities Commission or the National Energy Board, as the case may be, on October 31 of the year prior to the year in which the tax is imposed under Part 10 in respect of the designated industrial property, and

                                 (b)    any other source of information that the provincial assessor considers relevant, as at October 31 of the year prior to the year in which the tax is imposed under Part 10 in respect of the designated industrial property. 

(2.2)  Information received by the provincial assessor from the Alberta Energy Regulator, the Alberta Utilities Commission or the National Energy Board is deemed to be correct for the purposes of preparing assessments.

                           (d)    by repealing subsections (3), (4) and (5).

 

26   Section 293 is amended

                            (a)    in subsection (1) by striking out “the assessor” and substituting “an assessor”;

                           (b)    by repealing subsection (3) and substituting the following:

(3)  The municipal assessor must, in accordance with the regulations, provide the Minister or the provincial assessor with information that the Minister or the provincial assessor requires about property in the municipality.

 

27   Section 295 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Duty to provide information

295(1)  A person must provide, on request by an assessor, any information necessary for the assessor to carry out the duties and responsibilities of an assessor under Parts 9 to 12 and the regulations.

                           (b)    by repealing subsection (2) and substituting the following:

(2)  The Alberta Safety Codes Authority or an agency accredited under the Safety Codes Act must release, on request by an assessor, information or documents respecting a permit issued under the Safety Codes Act.

                            (c)    in subsection (4)

                                  (i)    by striking out “linear” and substituting “designated industrial”;

                                 (ii)    by striking out “the information” and substituting “any information”.

                           (d)    by adding the following after subsection (4):

(5)  Information collected under this section must be reported to the Minister on the Minister’s request.

 

28   Section 296 is amended

                            (a)    in subsection (1) by striking out “An assessor described in section 284(d)(i)” and substituting “The provincial assessor”;

                           (b)    in subsection (2)(b) by striking out “to assist the assessor in preparing an assessment or determining if property is to be assessed” and substituting “under section 294 or 295”.

 

29   Section 297(2) is repealed and the following is substituted:

(2)  A council may by bylaw divide class 1 into sub‑classes on any basis it considers appropriate, and if the council does so, the assessor may assign one or more sub‑classes to property in class 1.

(2.1)  The assessor must assign the sub-classes prescribed by the regulations to property in class 2.

 

30   Section 299 is repealed and the following is substituted:

Access to municipal assessment record

299(1)  An assessed person may ask the municipality, in the manner required by the municipality, to let the assessed person see or receive information prescribed by the regulations that is in the municipal assessor’s possession at the time of the request, showing how the municipal assessor prepared the assessment of that person’s property.

(2)  Subject to subsection (3) and the regulations, the municipality must comply with a request under subsection (1).

(3)  A municipality is not obligated to respond to a request for information in respect of a property that is made after a complaint is filed under section 460 by the person assessed in respect of that property until the complaint has been heard and decided by an assessment review board.

Access to provincial assessment record

299.1(1)  An assessed person may ask the provincial assessor, in the manner required by the provincial assessor, to let the assessed person see or receive information prescribed by the regulations in the provincial assessor’s possession at the time of the request, showing how the provincial assessor prepared the assessment of that person’s designated industrial property.

(2)  Subject to subsection (3) and the regulations, the provincial assessor must comply with a request under subsection (1).

(3)  The provincial assessor is not obligated to respond to a request for information in respect of designated industrial property that is made after a complaint is filed under section 492(1) by the person assessed in respect of that property until the complaint has been heard and decided by the Municipal Government Board.

 

31   Section 300 is repealed and the following is substituted:

Access to summary of municipal assessment

300(1)  An assessed person may ask the municipality, in the manner required by the municipality, to let the assessed person see or receive a summary of the most recent assessment of any assessed property in the municipality of which the assessed person is not the owner.

(2)  For the purposes of subsection (1), a summary of the most recent assessment must include the following information that is in the municipal assessor’s possession or under the municipal assessor’s control at the time of the request:

                                 (a)    a description of the parcel of land and any improvements, to identify the type and use of the property;

                                 (b)    the size and measurements of the parcel of land;

                                 (c)    the age and size or measurement of any improvements;

                                 (d)    the key attributes of any improvements to the parcel of land;

                                 (e)    the assessed value and any adjustments to the assessed value of the parcel of land;

                                 (f)    any other information prescribed or otherwise described in the regulations.

(3)  The municipality must, in accordance with the regulations, comply with a request under subsection (1) if it is satisfied that necessary confidentiality will not be breached.

Access to summary of provincial assessment

300.1(1)  An assessed person may ask the provincial assessor, in the manner required by the provincial assessor, to let the assessed person see or receive a summary of the most recent assessment of any assessed designated industrial property of which the assessed person is not the owner or operator.

(2)  For the purposes of subsection (1), a summary of the most recent assessment must include the following information that is in the provincial assessor’s possession or under the provincial assessor’s control at the time of the request:

                                 (a)    a description of the designated industrial property;

                                 (b)    the assessed value associated with the designated industrial property;

                                 (c)    any other information prescribed or otherwise described in the regulations.

(3)  The provincial assessor must, in accordance with the regulations, comply with a request under subsection (1) if the provincial assessor is satisfied that necessary confidentiality will not be breached.

 

32   Section 301 is amended by renumbering it as section 301(1) and by adding the following after subsection (1):

(2)  The provincial assessor may provide information that is in the provincial assessor’s possession about assessments if the provincial assessor is satisfied that necessary confidentiality will not be breached.

 

33   Section 302 is repealed and the following is substituted:

Preparation of roll

302(1)  Each municipality must prepare annually, not later than February 28, an assessment roll for assessed property in the municipality other than designated industrial property.

(2)  The provincial assessor must prepare annually, not later than February 28, an assessment roll for assessed designated industrial property.

(3)  The provincial assessor must provide to each municipality a copy of that portion of the provincial assessment roll that relates to the designated industrial property situated in the municipality.

 

34   Section 303 is amended

                            (a)    by adding “prepared by a municipality” after “assessment roll”;

                           (b)    by repealing clause (g.1);

                            (c)    in clause (h) by adding “fully or partially” before “exempt”;

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

                             (h.1)    if a deferral of the collection of tax under section 364.1 is in effect for the property, a notation of that fact;

                            (e)    in clause (i) by adding “required” before “by the Minister”.

 

35   The following is added after section 303:

Contents of provincial assessment roll

303.1   The provincial assessment roll must show, for each assessed designated industrial property, the following:

                                 (a)    a description of the type of designated industrial property;

                                 (b)    a description sufficient to identify the location of the designated industrial property;

                                 (c)    the name and mailing address of the assessed person;

                                 (d)    the assessment;

                                 (e)    the assessment class or classes;

                                 (f)    the liability code assigned by the provincial assessor, in the form and manner prescribed by the regulations;

                                 (g)    whether the designated industrial property is assessable for public school purposes or separate school purposes, if notice has been given to the municipality under section 156 of the School Act;

                                 (h)    if the designated industrial property is exempt from taxation under Part 10, a notation of that fact;

                                  (i)    any other information considered appropriate by the provincial assessor.

 

36   Section 304 is amended

                            (a)    by repealing subsection (3) and substituting the following:

(3)  A person who purchases property or in any other manner becomes liable to be shown on the assessment roll as an assessed person

                                 (a)    must provide to the provincial assessor, in the case of designated industrial property, or

                                 (b)    must provide to the municipality, in the case of property other than designated industrial property,

written notice of a mailing address to which notices under this Part and Part 10 may be sent.

                           (b)    by repealing subsection (5).

 

37   Section 305 is amended

                            (a)    in subsection (3) by striking out “section 368” and substituting “section 364.1 or 368”;

                           (b)    by adding the following after subsection (3):

(3.1)  If the collection of tax on property is deferred under section 364.1 or a deferral under that section is cancelled, the assessment roll must be corrected and an amended assessment notice must be prepared and sent to the assessed person.

                            (c)    by repealing subsections (5) and (6).

 

38   Section 307 is amended by adding “municipal” before “assessment roll”.

 

39   Section 308 is amended

                            (a)    in subsection (1)(a) by striking out “linear” and substituting “designated industrial”;

                           (b)    by repealing subsection (2) and substituting the following:

(2)  The provincial assessor must annually

                                 (a)    prepare assessment notices for all assessed designated industrial property shown on the provincial assessment roll,

                                 (b)    send the assessment notices to the assessed persons in accordance with the regulations, and

                                 (c)    send the municipality copies of the assessment notices.

                            (c)    by repealing subsections (3) and (5).

 

40   Section 309 is repealed and the following is substituted:

Contents of assessment notice

309(1)  An assessment notice or an amended assessment notice must show the following:

                                 (a)    the same information that is required to be shown on the assessment roll;

                                 (b)    the date the assessment notice or amended assessment notice is sent to the assessed person;

                                 (c)    the date by which a complaint must be made;

                                 (d)    for an assessment of property other than designated industrial property, the name and address of the assessment review board where a complaint must be filed;

                                 (e)    for an assessment of designated industrial property, information respecting how a complaint must be filed with the Municipal Government Board;

                                 (f)    any other information considered appropriate by the municipality or the provincial assessor, as the case may be.

(2)  The date shown under subsection (1)(c) must be 60 days after the assessment notice or amended assessment notice is sent to an assessed person.

(3)  An assessment notice may include a number of assessed properties if the same person is the assessed person for all of them.

 

41   Section 310(2)(b) is amended by striking out “assessor designated by the Minister” and substituting “provincial assessor”.

 

42   Section 311 is amended

                            (a)    by repealing subsection (3) and substituting the following:

(3)  The provincial assessor must publish in The Alberta Gazette a notice that the assessment notices in respect of designated industrial property have been sent.

                           (b)    in subsection (4) by striking out “linear” and substituting “designated industrial”.

43   Section 314 is amended

                            (a)    in subsection (1)

                                  (i)    by adding “municipal” before “assessor”;

                                 (ii)    by striking out “completed or begin to operate” and substituting “operational”;

                           (b)    in subsections (2) and (2.1) by adding “municipal” before “assessor”.

 

44   The following is added after section 314:

Supplementary assessment re
designated industrial property

314.1(1)  Subject to the regulations, the provincial assessor must prepare supplementary assessments for new designated industrial property that becomes operational after October 31 of the year prior to the year in which the designated industrial property is to be taxed under Part 10.

(2)  Supplementary assessments must reflect the valuation standard set out in the regulations for designated industrial property.

(3)  Subject to the regulations, supplementary assessments for designated industrial property must be prorated to reflect only the number of months, including the whole of the first month, during which the property is operational.

(4)  Despite subsections (1) to (3),

                                 (a)    a supplementary assessment must be prepared only for designated industrial property that has not been previously assessed, and only when it becomes operational;

                                 (b)    a supplementary assessment must not be prepared in respect of designated industrial property that ceases to operate during the tax year. 

 

45   Sections 315 and 316 are repealed and the following is substituted:

Supplementary assessment roll

315(1)  Before the end of the year in which supplementary assessments are prepared, the municipality must prepare a supplementary assessment roll.

(2)  Before the end of the year in which supplementary assessments are prepared, the provincial assessor must prepare a supplementary assessment roll for designated industrial property.

(3)  A supplementary assessment roll must show, for each assessed improvement or designated industrial property, the following:

                                 (a)    the same information that is required to be shown on the assessment roll;

                                 (b)    in the case of an improvement, the date that the improvement

                                        (i)    was completed, occupied or moved into the municipality, or

                                      (ii)    became operational.

(4)  Sections 304, 305, 306 and 307 apply in respect of a supplementary assessment roll.

(5)  The provincial assessor must provide a copy of the supplementary assessment roll for designated industrial property to the municipality. 

Supplementary assessment notices

316(1)  Before the end of the year in which supplementary assessments are prepared other than for designated industrial property, the municipality must

                                 (a)    prepare a supplementary assessment notice for every assessed improvement shown on the supplementary assessment roll referred to in section 315(1), and

                                 (b)    send the supplementary assessment notices to the assessed persons.

(2)  Before the end of the year in which supplementary assessments for designated industrial property are prepared, the provincial assessor must

                                 (a)    prepare supplementary assessment notices for all assessed designated industrial property shown on the supplementary assessment roll referred to in section 315(2),

                                 (b)    send the supplementary assessment notices to the assessed persons in accordance with the regulations, and

                                 (c)    send the municipality copies of the supplementary assessment notices.

Contents of assessment notice

316.1(1)  A supplementary assessment notice must show, for each assessed improvement, the following:

                                 (a)    the same information that is required to be shown on the supplementary assessment roll;

                                 (b)    the date the supplementary assessment notice is sent to the assessed person;

                                 (c)    the date by which a complaint must be made;

                                 (d)    the address to which a complaint must be sent.

(2)  The date shown under subsection (1)(c) must be

                                 (a)    in the case of a supplementary assessment notice for designated industrial property referred to in section 316(2), 60 days after a copy of the supplementary assessment notice is sent to the municipality under section 316(2)(c), or

                                 (b)    in any other case, 60 days after the supplementary assessment notice is sent to the assessed person.

(3)  Sections 309(3), 310(1.1) and 312 apply in respect of supplementary assessment notices.

 

46   Section 317 is amended

                            (a)    by repealing clause (b);

                           (b)    in clause (e) by striking out “section 333.1 or 360” and substituting “section 333.1, 360 or 364.1”.

 

47   Section 322 is amended

                            (a)    in subsection (1)

                                  (i)    by repealing clause (b) and substituting the following:

                                       (b)    defining “electric power systems”, “facilities”, “farming operations”, “farm building”, “machinery and equipment”, “operational”, “operator”, “pipelines”, “railway property”, “street lighting systems”, “telecommunication systems” and “wells”;

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

                                   (d.1)    respecting the delegation of the powers, duties and functions of the provincial assessor under section 284.1 or of a municipal assessor under section 284.2;

                                   (d.2)    designating major plants and other property as designated industrial property; 

                                   (d.3)    respecting designated industrial property, including, without limitation, regulations respecting the specifications and characteristics of designated industrial property;

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

                                 (g.01)    prescribing sub‑classes for the purposes of section 297(2.1);

                                (iv)    in clause (g.1) by striking out “sections 299(1.1)(c) and 300(1.1)(e)” and substituting “sections 299(1), 299.1(1), 300(2)(f) and 300.1(2)(c)”;

                                 (v)    by adding the following after clause (h.1):

                                   (h.2)    respecting the providing of information to an assessor under section 295(1);

                                   (h.3)    respecting procedures and time‑lines to be followed by a provincial assessor in dealing with a request for information under section 299.1 or a request for a summary of an assessment under section 300.1;

                                   (h.4)    respecting supplementary assessments;

                                   (h.5)    defining any term or expression that is used but not defined in this Part;

                           (b)    by adding the following after subsection (5):

(6)  In designating by regulation a major plant as designated industrial property, the Minister may include as a major plant any parcel of land, improvements or other property.

(7)  The inclusion of property pursuant to subsection (6) is not invalid even if the property is used for residential or agricultural purposes, or is vacant.

(8)  If an application is made to a court in respect of the validity of a regulation designating a major plant as designated industrial property,

                                 (a)    the application shall be limited to whether a specific parcel of land, improvement or other property for which the applicant is the assessed person is or is not all or a part of a major plant;

                                 (b)    evidence of the inclusion of property pursuant to subsection (6) or of property not designated as a major plant pursuant to subsection (6) is not admissible to demonstrate the invalidity of the regulation or any part of it.

 

48   Section 326(1)(a) is amended by striking out “or” at the end of subclause (iii), by adding “or” at the end of subclause (v) and by adding the following after subclause (v):

                               (vi)    the amount required to recover the costs incurred for matters related to

                                      (A)    the assessment of designated industrial property, and

                                      (B)    any other matters related to the provincial assessor’s operations;

 

49   Section 329 is amended by adding the following after clause (g):

                              (g.1)    if any property in the municipality is the subject of a bylaw or agreement under section 364.1 to defer the collection of tax, a notation of the amount deferred and the taxation year or years to which the amount relates;

 

50   Section 334(3) is amended by striking out “section 326(a)(ii)” and substituting “section 326(1)(a)(ii) or (vi)”.

 

51   Section 350 is amended by striking out “and” at the end of clause (a), adding “and” at the end of clause (b) and adding the following after clause (b):

                           (c)    the total amount of tax, if any, in respect of which collection is deferred under this Part.

 

52   Section 354(3.1) is repealed and the following is substituted:

(3.1)  Despite subsection (3), the tax rate for the class referred to in section 297(1)(d) and the tax rate for the sub-classes referred to in section 297(2.1) must be set in accordance with the regulations.

 

53   Section 357(2) is amended by striking out “section 326(a)(ii)” and substituting “section 326(1)(a)(ii)”.

 

54   The following is added after section 357:

Tax rate for residential property

357.1   The tax rate to be imposed by a municipality on residential property or on any sub‑class of residential property must be greater than zero.

 

55   Section 358 is repealed.

 

56   The following is added before section 359:

Maximum tax ratio

358.1(1)  In this section,

                                 (a)    “non‑conforming municipality” means a municipality that has a tax ratio greater than 5:1 as calculated using the property tax rates set out in its most recently enacted property tax bylaw as at the date this section comes into force;

                                 (b)    “non‑residential” means non‑residential as defined in section 297(4); 

                                 (c)    “tax ratio”, in respect of a municipality, means the ratio of the highest non‑residential tax rate set out in the municipality’s property tax bylaw for a year to the lowest residential tax rate set out in the municipality’s property tax bylaw for the same year.

(2)  No municipality other than a non‑conforming municipality shall in any year have a tax ratio greater than 5:1.

(3)  A non‑conforming municipality shall not in any year have a tax ratio that is greater than the tax ratio as calculated using the property tax rates set out in its most recently enacted property tax bylaw as at the date this section comes into force.

(4)  If in any year after the year in which this section comes into force a non‑conforming municipality has a tax ratio that is less than the tax ratio it had in the previous year but greater than 5:1, the non‑conforming municipality shall not in any subsequent year have a tax ratio that is greater than that new tax ratio.

(5)  If in any year after the year in which this section comes into force a non‑conforming municipality has a tax ratio that is equal to or less than 5:1, the non‑conforming municipality shall not in any subsequent year have a tax ratio greater than 5:1.

(6)  Where an order to annex land to a municipality contains provisions respecting the tax rate or rates that apply to the annexed land, the tax rate or rates shall not be considered for the purposes of determining the municipality’s tax ratio.

(7)  For the purposes of this section,

                                 (a)    the tax set out in a municipality’s property tax bylaw to raise revenue to be used toward the payment of

                                        (i)    the expenditures and transfers set out in the budget of the municipality, and

                                      (ii)    the requisitions,

                                         shall be considered to be separate tax rates, and

                                 (b)    the tax rate for the requisitions shall not be considered for the purposes of determining the municipality’s tax ratio. 

 

57   The following is added after section 359.2:

Designated industrial property
assessment requisitions

359.3(1)  In this section, “designated industrial property requisition” means a requisition referred to in section 326(1)(a)(vi).

(2)  The Minister must set the property tax rate for the designated industrial property requisition.

(3)  The property tax rate for the designated industrial property requisition must be the same for all designated industrial property.

Cancellation, reduction, refund or
deferral of taxes

359.4   If the Minister considers it equitable to do so, the Minister may, generally or with respect to a particular municipality, cancel or reduce the amount of a requisition payable under section 326(1)(a)(vi).

 

58   The following is added after section 364:

Brownfield tax incentives

364.1(1)  In this section, “brownfield property” means property, other than designated industrial property, that

                                 (a)    is a commercial or industrial property when a bylaw under subsection (2) is made or an agreement under subsection (11) is entered into in respect of the property, or was a commercial or industrial property at any earlier time, and

                                 (b)    in the opinion of the council making the bylaw,

                                        (i)    is, or possibly is, contaminated,

                                      (ii)    is vacant, derelict or under‑utilized, and

                                     (iii)    is suitable for development or redevelopment for the general benefit of the municipality when a bylaw under subsection (2) is made or an agreement under subsection (11) is entered into in respect of the property.

(2)  A council may by bylaw, for the purpose of encouraging development or redevelopment for the general benefit of the municipality, provide for

                                 (a)    full or partial exemptions from taxation under this Division for brownfield properties, or

                                 (b)    deferrals of the collection of tax under this Division on brownfield properties.

(3)  A bylaw under subsection (2)

                                 (a)    must identify the brownfield properties in respect of which an application may be made for a full or partial exemption or for a deferral,

                                 (b)    may set criteria to be met for a brownfield property to qualify for an exemption or deferral,

                                 (c)    must specify the taxation year or years for which the identified brownfield properties may qualify for an exemption or deferral, and

                                 (d)    must specify any conditions the breach of which cancels an exemption or deferral and the taxation year or years to which the condition applies.

(4)  Before giving second reading to a bylaw proposed to be made under subsection (2), a council must hold a public hearing with respect to the proposed bylaw in accordance with section 230 after giving notice of it in accordance with section 606.

(5)  An owner of brownfield property identified in a bylaw under subsection (2) may apply in the form and manner required by the municipality for an exemption or deferral in respect of the property.

(6)  If after reviewing the application a designated officer of the municipality determines that the brownfield property meets the requirements of the bylaw for a full or partial exemption or for a deferral of the collection of tax under this Division, the designated officer may issue a certificate granting the exemption or deferral.

(7)  The certificate must set out

                                 (a)    the taxation years to which the exemption or deferral applies, which must not include any tax year earlier than the tax year in which the certificate is issued,

                                 (b)    in the case of a partial exemption, the extent of the exemption, and

                                 (c)    all criteria, conditions and taxation years specified in the bylaw in accordance with subsection (3).

(8)  If at any time after an exemption or deferral is granted under a bylaw under this section a designated officer of the municipality determines that the property did not meet or has ceased to meet a criterion referred to in subsection (3)(b) or that a condition referred to in subsection (3)(d) has been breached, the designated officer must cancel the exemption or deferral for the taxation year or years in which the criterion was not met or to which the condition applies.

(9)  Where a designated officer refuses to grant an exemption or deferral, a written notice of the refusal must be sent to the applicant stating the reasons for the refusal and the date by which any complaint must be made, which date must be 60 days after the written notice of refusal is sent.

(10)  An exemption or deferral granted under a bylaw under this section remains valid, subject to subsection (8) and the criteria and conditions on which it was granted, regardless of whether the bylaw is subsequently amended or repealed or otherwise ceases to have effect.

(11)  Despite subsections (2) to (10), a council may enter into an agreement with the owner of a brownfield property

                                 (a)    exempting, either fully or partially, the brownfield property from taxation under this Division, or

                                 (b)    deferring the collection of tax under this Division on the brownfield property.

(12)  The agreement must specify

                                 (a)    the taxation years to which the exemption or deferral applies, which must not include any tax year earlier than the one in which the agreement is entered into,

                                 (b)    the conditions on which the exemption or deferral is granted, and

                                 (c)    the consequences, rights and remedies arising in the event of any breach.

(13)  Before voting on a resolution to enter into an agreement referred to in subsection (11), a council must hold a public hearing with respect to the proposed agreement in accordance with section 230 after giving notice of it in accordance with section 606.

 

59   Section 365(1) is amended by striking out “sections 351(1)(b) and 361 to 364” and substituting “sections 351(1)(b) and 361 to 364.1”.

 

60   Section 369 is amended by adding the following after subsection (2):

(2.01)  A council may pass a bylaw authorizing it to impose a supplementary tax for designated industrial property only if it passes a bylaw authorizing it to impose a supplementary tax in respect of all other property in the municipality. 

 

61   Section 370 is amended

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

                             (b.1)    respecting the setting of tax rates referred to in section 354(3.1);

                           (b)    by adding the following after clause (c.1):

                              (c.2)    respecting designated industrial property assessment requisitions and designated industrial property requisition tax bylaws, including, without limitation, regulations respecting the application of any provision of this Act, with or without modification, to a designated industrial property assessment requisition or a designated industrial property requisition tax bylaw, or both;

                              (c.3)    respecting tax exemptions and deferrals under section 364.1;

 

62   Part 11, Division 1 is repealed and the following is substituted:

Division 1
Establishment and Function of
Assessment Review Boards

Interpretation

453(1)  In this Part,

                                 (a)    “assessment notice” includes an amended assessment notice and a supplementary assessment notice;

                                 (b)    “assessment roll” includes a supplementary assessment roll;

                                 (c)    “chair” means the member of an assessment review board designated as chair under section 454.1(2), 454.2(2) or 455(2);

                                 (d)    “clerk”, in respect of a local assessment review board or composite assessment review board having jurisdiction in one or more municipalities, means the designated officer appointed as clerk under section 456;

                                 (e)    “composite assessment review board” means a composite assessment review board established by a council under section 454(b) or jointly established by 2 or more councils under section 455;

                                 (f)    “local assessment review board” means a local assessment review board established by a council under section 454(a) or jointly established by 2 or more councils under section 455;

                                 (g)    “provincial member” means a person appointed by the Minister under section 454.21(2);

                                 (h)    “tax notice” includes a supplementary tax notice;

                                  (i)    “tax roll” includes a supplementary tax roll.

(2)  In this Part, a reference to an assessment review board

                                 (a)    means a local assessment review board or a composite assessment review board, as the case requires, and

                                 (b)    includes a panel of the board convened under section 454.11 or 454.21.

Assessment review boards to be established

454   A council must by bylaw establish

                                 (a)    a local assessment review board to hear complaints referred to in section 460.1(1), and

                                 (b)    a composite assessment review board to hear complaints referred to in section 460.1(2).

Appointment of members to local
assessment review board

454.1(1)  A council must

                                 (a)    appoint at least 3 persons as members of the local assessment review board,

                                 (b)    prescribe the term of office of each member appointed under clause (a), and

                                 (c)    prescribe the remuneration and expenses, if any, payable to each member appointed under clause (a).

(2)  The council must designate one of the members appointed under subsection (1) as the chair of the local assessment review board and must prescribe the chair’s term of office and the remuneration and expenses, if any, payable to the chair.

(3)  The chair may delegate to any other member appointed under subsection (1) any of the powers, duties or functions of the chair.

Panels of local assessment review board

454.11(1)  Where a hearing is to be held in respect of a complaint referred to in section 460.1(1), the chair of the local assessment review board must convene a panel of 3 of its members to hear the complaint.

(2)  Despite subsection (1) but subject to subsection (2.1)(b) and any conditions prescribed by the regulations under section 484.1(c), a panel of a local assessment review board may consist of only one member appointed by the chair.

(3)  Unless an order of the Minister authorizes otherwise, the chair must not appoint

                                 (a)    more than one councillor to a 3-member panel, or

                                 (b)    a councillor as the only member of a one-member panel.

(4)  Where a panel consists of 3 members, the panel members must choose a presiding officer from among themselves.

(5)  Where a panel has only one member, that member is the presiding officer.

Appointment of members to composite
assessment review board

454.2(1)  A council must

                                 (a)    appoint at least 2 persons as members of the composite assessment review board,

                                 (b)    prescribe the term of office of each member appointed under clause (a), and

                                 (c)    prescribe the remuneration and expenses, if any, payable to each member appointed under clause (a).

(2)  The council must designate one of the members appointed under subsection (1) as the chair of the composite assessment review board and must prescribe the chair’s term of office and the remuneration and expenses, if any, payable to the chair.

(3)  The chair may delegate to another member appointed under subsection (1) any of the powers, duties or functions of the chair.

Panels of composite assessment review board

454.21(1)  Where a hearing is to be held in respect of a complaint referred to in section 460.1(2), the chair of the composite assessment review board must convene a panel to hear the complaint.

(2)  The panel must consist of 2 members of the composite assessment review board appointed by the chair and one provincial member appointed by the Minister in accordance with the regulations.

(3)  Unless an order of the Minister authorizes otherwise, the chair must not appoint more than one councillor to a panel.

(4)  Despite subsection (2) but subject to any conditions prescribed by the regulations under section 484.1(d), a panel of a composite assessment review board may consist of only the provincial member.

(5)  The provincial member is the presiding officer of every panel of a composite assessment review board.

Qualifications of members

454.3   A member of an assessment review board may not participate in a hearing of the board unless the member is qualified as provided for in the regulations.

Joint establishment of assessment review boards

455(1)   Two or more councils may agree to jointly establish the local assessment review board or the composite assessment review board, or both, to have jurisdiction in their municipalities.

(2)  Where an assessment review board is jointly established,

                                 (a)    the councils must jointly designate one of the board members as chair and must jointly prescribe the chair’s term of office and the remuneration and expenses, if any, payable to the chair, and

                                 (b)    the chair may delegate any of the powers, duties or functions of the chair to another board member but not to the provincial member of a panel of the board.

Clerk

456(1)  The council of a municipality must appoint a designated officer to act as the clerk of the assessment review boards having jurisdiction in the municipality.

(2)  Where an assessment review board is jointly established, the councils must jointly appoint the clerk.

(3)  The clerk must not be an assessor or a designated officer having authority to grant or cancel tax exemptions or deferrals under section 364.1.

(4)  The council or councils appointing the clerk must prescribe the clerk’s remuneration and duties.

Replacement of panel members

457   In circumstances provided for by the regulations, the chair of an assessment review board may replace a member of a panel.

Quorum

458(1)  Where a panel of a local assessment review board consists of 3 members, a quorum is 2 members.

(2)  Where a panel of a composite assessment review board consists of 3 members, a quorum is 2 members, one of whom must be the provincial member.

Decision

459   A decision of a panel of an assessment review board is the decision of the assessment review board.

Complaints

460(1)  A person wishing to make a complaint about any assessment or tax must do so in accordance with this section.

(2)  A complaint must be in the form prescribed in the regulations and must be accompanied with the fee set by the council under section 481(1), if any.

(3)  A complaint may be made only by an assessed person or a taxpayer.

(4)  A complaint may relate to any assessed property or business.

(5)  A complaint may be about any of the following matters, as shown on an assessment or tax notice:

                                 (a)    the description of a property or business;

                                 (b)    the name and mailing address of an assessed person or taxpayer;

                                 (c)    an assessment;

                                 (d)    an assessment class;

                                 (e)    an assessment sub‑class;

                                 (f)    the type of property;

                                 (g)    the type of improvement;

                                 (h)    school support;

                                  (i)    whether the property is assessable;

                                  (j)    whether the property or business is exempt from taxation under Part 10;

                                 (k)    any extent to which the property is exempt from taxation under a bylaw under section 364.1;

                                  (l)    whether the collection of tax on the property is deferred under a bylaw under section 364.1.

(6)  A complaint may be made about a designated officer’s refusal to grant an exemption or deferral under a bylaw under section 364.1.

(7)  Despite subsection (5)(j), there is no right to make a complaint about an exemption or deferral given by agreement under section 364.1(11) unless the agreement expressly provides for that right.

(8)  There is no right to make a complaint about any tax rate.

(9)  A complaint under subsection (5) must

                                 (a)    indicate what information shown on an assessment notice or tax notice is incorrect,

                                 (b)    explain in what respect that information is incorrect,

                                 (c)    indicate what the correct information is, and

                                 (d)    identify the requested assessed value, if the complaint relates to an assessment.

(10)  A complaint about a local improvement tax must be made within one year after it is first imposed.

(11)  Despite subsection (10), where a local improvement tax rate has been revised under section 403(3), a complaint may be made about the revised local improvement tax whether or not a complaint was made about the tax within the year after it was first imposed.

(12)  A complaint under subsection (11) must be made within one year after the local improvement tax rate is revised.

(13)  A complaint must include the mailing address of the complainant except where, in the case of a complaint under subsection (5), the correct mailing address of the complainant is shown on the assessment notice or tax notice.

(14)  An assessment review board has no jurisdiction to deal with a complaint about designated industrial property or an amount prepared by the Minister under Part 9 as the equalized assessment for a municipality.

Jurisdiction of assessment review boards

460.1(1)  A local assessment review board has jurisdiction to hear complaints about any matter referred to in section 460(5) that is shown on

                                 (a)    an assessment notice for

                                        (i)    residential property with 3 or fewer dwelling units, or

                                      (ii)    farm land,

                                      or

                                 (b)    a tax notice other than a property tax notice, business tax notice or improvement area tax notice.

(2)  Subject to section 460(14), a composite assessment review board has jurisdiction to hear complaints about

                                 (a)    any matter referred to in section 460(5) that is shown on

                                        (i)    an assessment notice for property other than property described in subsection (1)(a), or

                                      (ii)    a business tax notice or an improvement tax notice,

                                      or

                                 (b)    a designated officer’s decision to refuse to grant an exemption or deferral under section 364.1.

Address to which a complaint is sent

461(1)  A complaint must be filed with the assessment review board at the address shown on the assessment or tax notice for the property

                                 (a)    in the case of a complaint about a designated officer’s decision to refuse to grant an exemption or deferral under section 364.1, not later than the date stated on the written notice of refusal under section 364.1(9), or

                                 (b)    in any other case, not later than the date shown on that notice under section 309(1)(c) or 316.1(1)(c).

(2)  The applicable filing fee must be paid when a complaint is filed.

(3)  On receiving a complaint, the clerk must set a date, time and location for a hearing before an assessment review board in accordance with the regulations.

Notice of assessment review board hearing

462(1)  If a complaint is to be heard by a local assessment review board, the clerk must

                                 (a)    within 30 days after receiving the complaint, provide the municipality with a copy of the complaint, and

                                 (b)    within the time prescribed by the regulations, notify the municipality, the complainant and any assessed person other than the complainant who is directly affected by the complaint of the date, time and location of the hearing.

(2)  If a complaint is to be heard by a composite assessment review board, the clerk must

                                 (a)    within 30 days after receiving the complaint, provide the municipality with a copy of the complaint, and

                                 (b)    within the time prescribed by the regulations, notify the Minister, the municipality, the complainant and any assessed person other than the complainant who is directly affected by the complaint of the date, time and location of the hearing.

Absence from hearing

463   If any person who is given notice of the hearing does not attend, the assessment review board must proceed to deal with the complaint if

                                 (a)    all persons required to be notified were given notice of the hearing, and

                                 (b)    no request for a postponement or an adjournment was received by the board or, if a request was received, no postponement or adjournment was granted by the board.

Proceedings before assessment review board

464(1)  Assessment review boards are not bound by the rules of evidence or any other law applicable to court proceedings and have power to determine the admissibility, relevance and weight of any evidence.

(2)  Assessment review boards may require any person giving evidence before them to do so under oath.

(3)  Members of assessment review boards, including provincial members of panels of composite assessment review boards, are commissioners for oaths while acting in their official capacities.

Hearings open to public

464.1(1)  Subject to subsections (2) and (3), all hearings by an assessment review board are open to the public.

(2)  If an assessment review board considers it necessary to prevent the disclosure of intimate personal, financial or commercial matters or other matters because, in the circumstances, the need to protect the confidentiality of those matters outweighs the desirability of an open hearing, the assessment review board may conduct all or part of the hearing in private.

(3)  If all or any part of a hearing is to be held in private, no party may attend the hearing unless the party files an undertaking stating that the party will hold in confidence any evidence heard in private.

(4)  Subject to subsection (5), all documents filed in respect of a matter before an assessment review board must be placed on the public record.

(5)  An assessment review board may exclude a document from the public record

                                 (a)    if the assessment review board is of the opinion that disclosure of the document could reasonably be expected to disclose intimate personal, financial or commercial matters or other matters, and

                                 (b)    the assessment review board considers that a person’s interest in confidentiality outweighs the public interest in the disclosure of the document.

(6)  Nothing in this section limits the operation of any statutory provision that protects the confidentiality of information or documents.

Notice to attend or produce

465(1)  If, in the opinion of an assessment review board hearing a complaint,

                                 (a)    the attendance of a person, or

                                 (b)    the production of a document or thing,

is required for the purpose of the hearing, the board may, on application, cause a notice to be served on a person requiring a person to attend or to attend and produce the document or thing.

(2)  An application under subsection (1) must be made in accordance with the regulations made under section 484.1(n.1).

(3)  If a person fails or refuses to comply with a notice served under subsection (1), the assessment review board may apply to the Court of Queen’s Bench and the Court may issue a warrant requiring the attendance of the person or the attendance of the person to produce a document or thing.

Protection of witnesses

466   A witness may be examined under oath on anything relevant to a matter that is before an assessment review board and is not excused from answering any question on the ground that the answer might tend to

                                 (a)    incriminate the witness,

                                 (b)    subject the witness to punishment under this or any other Act, or

                                 (c)    establish liability of the witness

                                        (i)    to a civil proceeding at the instance of the Crown or of any other person, or

                                      (ii)    to prosecution under any Act,

but if the answer so given tends to incriminate the witness, subject the witness to punishment or establish liability of the witness, it must not be used or received against the witness in any civil proceedings or in any other proceedings under this or any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.

 

63   The following is added after section 467:

Appeal to composite assessment review board

467.1   A complaint about a designated officer’s decision to refuse to grant an exemption or deferral under section 364.1 is an appeal of the decision and a composite assessment review board may, after hearing the complaint, confirm the designated officer’s decision or replace it with the board’s decision. 

 

64   Section 469 is amended by striking out “designated officer appointed under section 455” and substituting “clerk”.

 

65   Sections 470 and 470.1 are repealed and the following is substituted:

Judicial review

470(1)  Where a decision of an assessment review board is the subject of an application for judicial review, the application must be filed with the Court of Queen’s Bench and served not more than 60 days after the date of the decision.

(2)  Notice of an application for judicial review must be given to

                                 (a)    the assessment review board that made the decision,

                                 (b)    the complainant, other than an applicant for the judicial review,

                                 (c)    an assessed person who is directly affected by the decision, other than the complainant,

                                 (d)    a municipality, if the decision that is the subject of the judicial review relates to property that is within the boundaries of that municipality, and

                                 (e)    the Minister.

(3)  If an applicant for judicial review of an assessment review board decision makes a written request for materials to the assessment review board for the purposes of the application, the assessment review board must provide the materials requested within 14 days from the date on which the written request is served.

(4)  An assessment review board whose decision is the subject of an application for judicial review must, within 30 days from the date on which the board is served with the application, forward to the clerk of the Court of Queen’s Bench the certified record of proceedings prepared under Part 3 of the Alberta Rules of Court.

(5)  Documents excluded from the public record of a hearing by an assessment review board remain excluded from the public record on judicial review unless otherwise ordered by the Court of Queen’s Bench.

(6)  No member of an assessment review board, including a provincial member appointed to a panel of a composite assessment review board, is liable for costs by reason of or in respect of a judicial review under this Act.

 

66   Section 481(3)(b) is amended by striking out “appeal” and substituting “judicial review”.

 

67   Section 483 is repealed and the following is substituted:

Decision admissible on judicial review

483   A copy of a decision of an assessment review board that is certified by the clerk as being a true copy of the original decision is proof, in the absence of evidence to the contrary, of the decision and is admissible in evidence without proof of the appointment or signature of the clerk.

 

68   Section 484 is repealed and the following is substituted:

Immunity

484   The members of an assessment review board, including a provincial member appointed to a panel of a composite assessment review board, are not personally liable for anything done or omitted to be done in good faith in the exercise or purported exercise of a power, duty or function under this Part.

 

69   Section 484.1 is amended

                            (a)    in clause (b) by striking out “provincial members and acting provincial members to composite assessment review boards” and substituting “provincial members to panels of composite assessment review boards”;

                           (b)    in clauses (c) and (d) by striking out “council may establish” and substituting “chair may convene a panel of”;

                            (c)    in clause (e) by striking out “persons appointed as designated officers under section 455” and substituting “clerks”;

                           (d)    in clause (f) by striking out “designated officer” and substituting “clerk”;

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

                             (h.1)    respecting the replacement of members of a panel of an assessment review board;

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

                              (i.1)    governing hearings held in private before an assessment review board;

                              (i.2)    governing the excluding of documents from the public record by an assessment review board;

                           (g)    by adding the following after clause (n):

                             (n.1)    respecting applications referred to in section 465(1);

                           (h)    by repealing clause (p) and substituting the following:

                                 (p)    respecting applications for judicial review referred to in section 470;

 

70   Section 485 is amended

                            (a)    by repealing clause (a);

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

                                 (c)    “chair” means the chair of the Board.

 

71   Section 486 is amended

                            (a)    by adding the following after subsection (1):

(1.1)  The Lieutenant Governor in Council shall designate one of the members to be the chair of the Board. 

                           (b)    by repealing subsection (3);

                            (c)    by repealing subsection (4) and substituting the following:

(4)  The chair may delegate to any person any of the powers, duties or functions of the chair.

 

72   Section 487 is amended by striking out “administrator” wherever it occurs and substituting “chair”.

 

73   The following is added after section 487.1:

Directors and other staff

487.2   In accordance with the Public Service Act, there may be appointed a director, case managers, legal counsel and other staff required to carry out the business of the Board.

 

74   Section 488 is amended

                            (a)    in subsection (1)

                                  (i)    in clause (a) by striking out “linear” and substituting “designated industrial”;

                                 (ii)    by striking out “and” at the end of clause (i), by adding “and” at the end of clause (j) and by adding the following after clause (j):

                                       (k)    to hear appeals pursuant to section 648.1.

                           (b)    in subsection (3) by striking out “to decide a dispute or hear an appeal referred to in subsection (1)(g) to (j)” and substituting “to decide a dispute, or to hear an appeal, referred to in subsection (1)”.

 

75   Section 488.1 is amended by renumbering it as section 488.1(1) and by adding the following after subsection (1):

(2)  The Board must not hear a complaint about any issue regarding the validity of a regulation or guideline under this Act as it relates to property.

 

76   Section 491 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “Any matter” and substituting “A complaint about an assessment for designated industrial property or relating to the amount of an equalized assessment”;

                                 (ii)    by striking out “administrator” and substituting “chair”;

                                (iii)    in clause (a) by striking out “linear” and substituting “designated industrial”;

                           (b)    by adding the following after subsection (1):

(1.1)  The form referred to in subsection (1) must be accompanied with the fee, if any, set by regulation under section 527.1. 

                            (c)    in subsection (3) by striking out “linear” and substituting “designated industrial”.

 

77   Section 492 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “linear” wherever it occurs and substituting “designated industrial”;

                                 (ii)    by adding the following after clause (c):

                                    (c.1)    an assessment class;

                           (b)    in subsection (1.1) by striking out “linear” and substituting “designated industrial”.

 

78   Section 493 is amended

                            (a)    in subsection (1) by striking out “administrator” and substituting “chair”;

                           (b)    by repealing subsection (2) and substituting the following:

(2)  If the written statement relates to a complaint about an assessment for designated industrial property, the chair must advise the provincial assessor that the statement has been received.

 

79   Section 494(1) is amended

                            (a)    by striking out “administrator must” and substituting “chair must”;

                           (b)    by repealing clause (b) and substituting the following:

                                 (b)    within the time prescribed by the regulations, notify

                                        (i)    the municipality,

                                      (ii)    the person who sent the written statement to the chair,

                                     (iii)    the provincial assessor, and

                                     (iv)    any assessed person who is directly affected by the matter

                                         of the date, time and location of the hearing.

 

80   Section 499 is amended

                            (a)    in subsection (1)

                                  (i)    in clause (a) by striking out “linear” and substituting “designated industrial”;

                                 (ii)    by adding the following after clause (c):

                                       (d)    decide that a property is not designated industrial property and direct the municipality to appoint an assessor to assess the property.

                           (b)    in subsection (3)(a) by striking out “linear” and substituting “designated industrial”.

 

81   Sections 506 and 506.1 are repealed.

 

82   The following is added after section 508:

Division 3
Judicial Review of
Board Decisions

Judicial review of Board decision

508.1(1)  Where a decision of the Board is the subject of an application for judicial review, the application must be filed with the Court of Queen’s Bench and served not more than 60 days after the date of the decision.

(2)  Notice of an application for judicial review of a decision referred to in subsection (1) must be given to

                                 (a)    the Board,

                                 (b)    all parties to the hearing before the Board, including any intervenors, other than an applicant for the judicial review,

                                 (c)    any persons who are directly affected by the decision but were not parties or intervenors in the hearing before the Board, if the decision that is the subject of the judicial review relates to an assessment for designated industrial property,

                                 (d)    a municipality, if the decision that is the subject of the judicial review relates to property that is within the boundaries of that municipality, and

                                 (e)    the Minister.

(3)  If an applicant for judicial review of a Board decision makes a written request for materials to the Board for the purposes of the application, the Board must provide the materials requested within 14 days from the date on which the written request is served.

(4)  Where a Board decision is the subject of an application for judicial review, the Board must, within 30 days from the date on which the Board is served with the application, forward to the clerk of the Court of Queen’s Bench the certified record of proceedings prepared under Part 3 of the Alberta Rules of Court.

(5)  Documents excluded from the public record of a hearing by the Board remain excluded from the public record on judicial review unless otherwise ordered by the Court of Queen’s Bench.

(6)  No member of the Board is liable for costs by reason of or in respect of a judicial review under this Act.

 

83   The following is added after section 525:

Hearings open to public

525.1(1)  Subject to subsections (2) and (3), all hearings are open to the public.

(2)  If the Board considers it necessary to prevent the disclosure of intimate personal, financial or commercial matters or other matters because, in the circumstances, the need to protect the confidentiality of those matters outweighs the desirability of an open hearing, the Board may conduct all or part of the hearing in private.

(3)  If all or any part of a hearing is to be held in private, no party may attend the hearing unless the party files an undertaking stating that the party will hold in confidence any evidence heard in private.

(4)  Subject to subsection (5), all documents filed in respect of a matter before the Board must be placed on the public record.

(5)  The Board may exclude a document from the public record

                                 (a)    if the Board is of the opinion that disclosure of the document could reasonably be expected to disclose intimate personal, financial or commercial matters or other matters, and

                                 (b)    the Board considers that a person’s interest in confidentiality outweighs the public interest in the disclosure of the document.

(6)  Nothing in this section limits the operation of any statutory provision that protects the confidentiality of information or documents.

 

84   Section 527.1 is amended

                            (a)    in clause (a)

                                  (i)    by striking out “administrator” and substituting “chair”;

                                 (ii)    by striking out “administrator’s” and substituting “chair’s”;

                           (b)    in clauses (b) and (d) by striking out “administrator” and substituting “chair”;

                            (c)    by adding the following after clause (f):

                              (f.1)    governing hearings held in private before the Board;

                              (f.2)    governing the excluding of documents from the public record by the Board;

                           (d)    by repealing clause (j) and substituting the following:

                                  (j)    respecting applications for judicial review referred to in section 508.1;

                            (e)    in clause (k) by striking out “interveners” and substituting “intervenors”.

 

85   Section 571(1) is repealed and the following is substituted:

Inspection

571(1)  The Minister may require any matter connected with the management, administration or operation of any municipality or any assessment prepared under Part 9 to be inspected

                                 (a)    on the Minister’s initiative,

                                 (b)    on the request of the council of the municipality, or

                                 (c)    if the Minister receives a sufficient petition requesting the inspection that is signed,

                                        (i)    in the case of a municipality other than a summer village, by electors of the municipality equal in number to at least 20% of the population, and

                                      (ii)    in the case of a summer village, by a number of electors of the summer village equal to at least 30% of the number of summer village residences in the summer village.

(1.1)  For the purposes of subsection (1), the management, administration or operation of a municipality includes

                                 (a)    the affairs of the municipality,

                                 (b)    the conduct of a councillor or of an employee or agent of the municipality, and

                                 (c)    the conduct of a person who has an agreement with the municipality relating to the duties or obligations of the municipality or the person under the agreement.

 

86   Section 572 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Inquiry

572(1)  The Minister may, on the Minister’s initiative, order an inquiry described in subsection (2).

                           (b)    in subsection (6) by striking out “and, if there was a petition under subsection (1)(a), to the representative of the petitioners”.

 

87   Section 574(1) is amended by adding “, an investigation by the Ombudsman” after “an inquiry under section 572”.

 

88   Section 602.02(2)(c) is amended by striking out “specify” and substituting “include provisions respecting”.

 

89   Section 602.09 is amended by striking out “Section 73” and substituting “Division 9 of Part 3”.

 

90   Section 608 is repealed and the following is substituted:

Sending documents

608(1)  Where this Act or a regulation or bylaw made under this Act requires a document to be sent to a person, the document may be sent by electronic means if

                                 (a)    the recipient has consented to receive documents from the sender by those electronic means and has provided an e‑mail address, website or other electronic address to the sender for that purpose, and

                                 (b)    it is possible to make a copy of the document from the electronic transmission.

(2)  In the absence of evidence to the contrary, a document sent by electronic means in accordance with subsection (1) is presumed to have been received 7 days after it was sent unless the regulations under subsection (4) provide otherwise.

(3)  For greater certainty, a reference in this Act to a mailing address is to be interpreted as including an electronic address referred to in subsection (1)(a) if the requirements of subsection (1) are met.

(4)  The Minister may make regulations respecting the circumstances in which the presumption in subsection (2) does not apply.

 

91   Section 616 is amended

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

                           (a.11)    “community recreation facilities” means indoor municipal facilities used primarily by members of the public to participate in recreational activities conducted at the facilities;

                           (b)    by adding the following after clause (a.2):

                              (a.3)    “conservation reserve” means the land designated as conservation reserve under Division 8;

                            (c)    in clause (e) by striking out “by a subdivision authority or a municipality”;

                           (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);

                            (e)    by repealing clause (l) and substituting the following:

                                  (l)    “land use policies” means the policies referred to in section 622;

                            (f)    in clause (z) by adding “, conservation reserve” after “environmental reserve”.

 

92   The following is added after section 618.1:

Bylaws binding

618.2   No bylaw is binding in respect of a matter governed by this Part unless that bylaw is passed in accordance with this Part.

 

93   Section 622 is repealed and the following is substituted:

Land use policies

622(1)  Every statutory plan, land use bylaw and action undertaken pursuant to this Part by a municipality, municipal planning commission, subdivision authority, development authority or subdivision and development appeal board or the Municipal Government Board must be consistent with the land use policies established under subsection (2) and any former land use policy.

(2)  The Lieutenant Governor in Council, on the recommendation of the Minister, may by regulation establish land use policies and rescind former land use policies.

(3)  If there is a conflict between a land use policy established under subsection (2) and an ALSA regional plan, the ALSA regional plan prevails.

(4)  Former land use policies do not apply in any planning region within the meaning of the Alberta Land Stewardship Act in respect of which there is an ALSA regional plan.

(5)  In this section, “former land use policy” means a land use policy that was established under section 622 as it read before the coming into force of this subsection and that has not been rescinded under subsection (2).

 

94   Section 627(3) is repealed and the following is substituted:

(3)  Unless an order of the Minister authorizes otherwise, a panel of a subdivision and development appeal board hearing an appeal must not have more than one councillor as a member.

 

95   Section 628(2) is amended

                            (a)    in clauses (a) to (c) by striking out “committees” and substituting “panels”;

                           (b)    in clause (d) by striking out “committee” and substituting “panel”.

 

96   The following is added after section 628:

Immunity

628.1(1)  The members of a subdivision and development appeal board are not personally liable for anything done or omitted to be done in good faith in the exercise or purported exercise of a power, duty or function under this Part.

(2)  No member of a subdivision and development appeal board is liable for costs by reason of or in respect of an application for permission to appeal or an appeal under this Part.

 

97   Section 631 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Intermunicipal development plans

631(1)  Two or more councils of municipalities that have common boundaries that are not members of a growth region as defined in section 708.01 must, by each passing a bylaw in accordance with this Part or in accordance with sections 12 and 692, adopt an intermunicipal development plan to include those areas of land lying within the boundaries of the municipalities as they consider necessary.

(1.1)  Despite subsection (1), the Minister may, by order, exempt one or more councils from the requirement to adopt an intermunicipal development plan, and the order may contain any terms and conditions that the Minister considers necessary. 

(1.2)  Two or more councils of municipalities that are not otherwise required to adopt an intermunicipal development plan under subsection (1) may, by each passing a bylaw in accordance with this Part or in accordance with sections 12 and 692, adopt an intermunicipal development plan to include those areas of land lying within the boundaries of the municipalities as they consider necessary. 

                           (b)    by repealing subsection (2)(a) and substituting the following:

                                 (a)    must address

                                        (i)    the future land use within the area, 

                                      (ii)    the manner of and the proposals for future development in the area,

                                     (iii)    the provision of transportation systems for the area, either generally or specifically,

                                     (iv)    the co‑ordination of intermunicipal programs relating to the physical, social and economic development of the area,

                                       (v)    environmental matters within the area, either generally or specifically, and

                                     (vi)    any other matter related to the physical, social or economic development of the area that the councils consider necessary,

                               and

                            (c)    by adding the following after subsection (2):

(3)  The council of a municipality that is required under this section to adopt an intermunicipal development plan must have an intermunicipal development plan that provides for all of the matters referred to in subsection (2) within 2 years from the date this subsection comes into force.

(4)  Subject to the regulations, if municipalities that are required to create an intermunicipal development plan are not able to agree on a plan, sections 708.33 to 708.43 apply as if the intermunicipal development plan were an intermunicipal collaboration framework.

(5)  In creating an intermunicipal development plan, the municipalities must negotiate in good faith.

 

98   Section 632 is amended

                            (a)    by repealing subsections (1) and (2) and substituting the following:

Municipal development plans

632(1)  Every council of a municipality must by bylaw adopt a municipal development plan.

                           (b)    by adding the following before subsection (3):

(2.1)  Within 2 years after the coming into force of this subsection, a council of a municipality that does not have a municipal development plan must by bylaw adopt a municipal development plan.

 

99   The following is added after section 638.1:

Listing and publishing of policies

638.2(1)  Every municipality must compile and keep updated a list of any policies that may be considered in making decisions under this Part

                                 (a)    that have been approved by council by resolution or bylaw, or

                                 (b)    that have been made by a body or person to whom powers, duties or functions are delegated under section 203 or 209,

and that do not form part of a bylaw made under this Part.

(2)  The municipality must publish the following on the municipality’s website:

                                 (a)    the list of the policies referred to in subsection (1);

                                 (b)    the policies described in subsection (1);

                                 (c)    a summary of the policies described in subsection (1) and of how they relate to each other and how they relate to any statutory plans and bylaws passed in accordance with this Part;

                                 (d)    any documents incorporated by reference in any bylaws passed in accordance with this Part.

(3)  A development authority, subdivision authority, subdivision and development appeal board, the Municipal Government Board or a court shall not have regard to any policy approved by a council or by a person or body referred to in subsection (1)(b) unless the policy is set out in the list prepared and maintained under subsection (1) and published in accordance with subsection (2).

(4)  This section applies on and after January 1, 2019.

 

100   Section 640(4) is amended

                            (a)    in clause (l)(ii) by striking out “lake, river, stream or other body of water” and substituting “body of water”;

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

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

 

101   The following is added after section 640:

Alternative time periods for applications

640.1   The council of a city or of a municipality with a population of 15 000 or more may, in a land use bylaw,

                                 (a)    provide for an alternative period of time for the development authority to review the completeness of a development permit application under section 683.1(1),

                                 (b)    provide for an alternative period of time for a development authority to make a decision on a development permit application under section 684,

                                 (c)    provide for an alternative period of time for the subdivision authority to review the completeness of an application for subdivision approval under section 653.1, and

                                 (d)    provide for an alternative period of time for the subdivision authority to make a decision on an application for subdivision under the subdivision and development regulations.

 

102   Section 642(1) and (2) are repealed and the following is substituted:

Permitted and discretionary uses

642(1)  When a person applies for a development permit in respect of a development provided for by a land use bylaw pursuant to section 640(2)(b)(i), the development authority must, if the application otherwise conforms to the land use bylaw and is complete in accordance with section 683.1, issue a development permit with or without conditions as provided for in the land use bylaw.

(2)  When a person applies for a development permit in respect of a development that may, in the discretion of a development authority, be permitted pursuant to section 640(2)(b)(ii), the development authority may, if the application is complete in accordance with section 683.1, issue a development permit with or without conditions as provided for in the land use bylaw.

 

103   Section 644 is amended by adding the following after subsection (2):

(3)  Subsection (1) does not apply to land designated by the municipality as conservation reserve.

 

104   Section 648 is amended

                            (a)    in subsection (1) by striking out “subsection (2)” and substituting “subsections (2) and (2.1)”;

                           (b)    by adding the following after subsection (2):

(2.1)  In addition to the capital cost of facilities described in subsection (2), an off‑site levy may be used to pay for all or part of the capital cost for any of the following purposes, including the cost of any related appurtenances and any land required for or in connection with the purpose:

                                 (a)    new or expanded community recreation facilities;

                                 (b)    new or expanded fire hall facilities;

                                 (c)    new or expanded police station facilities;

                                 (d)    new or expanded libraries.

(2.2)  Subject to an appeal under section 648.1, an off‑site levy may be imposed and collected for a purpose referred to in subsection (2.1) only if no off‑site levy has been previously imposed under subsection (1) for the same purpose with respect to the land on which the off‑site levy is being imposed.

                            (c)    in subsection (4) by adding “or (2.1)” after “subsection (2)”;

                           (d)    in subsection (5)(b) by adding “or (2.1)(a) to (d)” after “subsection (2)(a) to (c.1)”;

                            (e)    by adding the following after subsection (7):

(8)  If, before the coming into force of this subsection, a fee or other charge was imposed on a developer by a municipality pursuant to a development agreement entered into by the developer and the municipality for one or more purposes described in subsection (2.1), that fee or charge is deemed

                                 (a)    to have been imposed pursuant to a bylaw under this section, and

                                 (b)    to have been validly imposed and collected effective from the date the fee or charge was imposed.

 

105   The following is added after section 648:

Appeal of off‑site levy

648.1(1)  Any person may, subject to and in accordance with the regulations, appeal any of the provisions of an off-site levy bylaw relating to an off-site levy for a purpose referred to in section 648(2.1) to the Municipal Government Board on any of the following grounds:

                                 (a)    that the purpose for which the off‑site levy is to be imposed is unlikely to benefit future occupants of the land who may be subject to the off‑site levy to the extent required by the regulations;

                                 (b)    that the principles and criteria referred to in regulations made under section 694(4)(b) that must be applied by a municipality when passing the off‑site levy bylaw have not been complied with;

                                 (c)    that the determination of the benefitting area was not determined in accordance with regulations made under section 694(4)(c);

                                 (d)    that the off‑site levy or any portion of it is not for the payment of the capital costs of the purposes set out in section 648(2.1);

                                 (e)    that the calculation of the off‑site levy is inconsistent with regulations made under section 694(4) or is incorrect;

                                 (f)    that an off‑site levy for the same purpose has already been imposed and collected with respect to the proposed development or subdivision.

(2)  After hearing the appeal, the Municipal Government Board may

                                 (a)    dismiss the appeal in whole or in part, or

                                 (b)    declare the off‑site levy bylaw or a portion of the bylaw to be invalid and provide that the bylaw may be repassed or amended in a manner determined by the Board.

(3)  Where an off‑site levy bylaw amends the amount of an off‑site levy referred to in subsection (1), an appeal under this section may only be brought with respect to that amendment.

 

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.

 

107   Section 653 is amended

                            (a)    by adding the following after subsection (2):

(2.1)  On receipt of an application, the subdivision authority must, in accordance with section 653.1, determine whether the application is complete.

                           (b)    by repealing subsections (3) and (4) and substituting the following:

(3)  On receipt of an acknowledgment under section 653.1(5) or (7) that the application for subdivision approval is complete, or if the application is deemed to be complete under section 653.1(4), the subdivision authority must

                                 (a)    give a copy of the application to the Government departments, persons and local authorities required by the subdivision and development regulations, and

                                 (b)    give notice of the application to owners of the land that is adjacent to the land that is the subject of the application.

                            (c)    in subsections (4.1), (4.2), (4.3) and (5) by striking out “subsection (4)” and substituting “subsection (3)(b)”.

 

108   The following is added after section 653:

Subdivision applications

653.1(1)  A subdivision authority must, within 20 days after the receipt of an application for subdivision approval under section 653(1), determine whether the application is complete.

(2)  An application is complete if, in the opinion of the subdivision authority, the application contains the documents and other information necessary to review the application.

(3)  The time period referred to in subsection (1) may be extended by an agreement in writing between the applicant and the subdivision authority or, if applicable, in accordance with the land use bylaw made pursuant to section 640.1(c).

(4)  If the subdivision authority does not make a determination referred to in subsection (1) within the time required under subsection (1) or (3), the application is deemed to be complete.

(5)  If a subdivision authority determines that the application is complete, the subdivision authority must issue to the applicant an acknowledgment in the form and manner provided for in the land use bylaw that the application is complete.

(6)  If the subdivision authority determines that the application is incomplete, the subdivision authority must issue to the applicant a notice in the form and manner provided for in the land use bylaw that the application is incomplete and that any outstanding documents and information referred to in the notice must be submitted by a date set out in the notice or a later date agreed on between the applicant and the subdivision authority in order for the application to be considered complete.

(7)  If the subdivision authority determines that the information and documents submitted under subsection (6) are complete, the subdivision authority must issue to the applicant an acknowledgment in the form and manner provided for in the land use bylaw that the application is complete.

(8)  If the applicant fails to submit all the outstanding information and documents on or before the date referred to in subsection (6), the application is deemed to be refused.

(9)  If an application is deemed to be refused under subsection (8), the subdivision authority must issue to the applicant a notice in the form and manner provided for in the land use bylaw that the application has been refused and the reason for the refusal.

(10)  Despite that the subdivision authority has issued an acknowledgment under subsection (5) or (7), in the course of reviewing the application, the subdivision authority may request additional information or documentation from the applicant that the subdivision authority considers necessary to review the application.

(11)  A decision of a subdivision authority must state

                                 (a)    whether an appeal lies to a subdivision and development appeal board or to the Municipal Government Board, and

                                 (b)    if an application for subdivision approval is refused, the reasons for the refusal.

 

109   Section 654(1) is repealed and the following is substituted:

Approval of application

654(1)  A subdivision authority must not approve an application for subdivision approval unless

                                 (a)    the land that is proposed to be subdivided is, in the opinion of the subdivision authority, suitable for the purpose for which the subdivision is intended,

                                 (b)    the proposed subdivision conforms to the provisions of any growth plan under Part 17.1, any statutory plan and, subject to subsection (2), any land use bylaw that affects the land proposed to be subdivided,

                                 (c)    the proposed subdivision complies with this Part and Part 17.1 and the regulations under those Parts, and

                                 (d)    all outstanding property taxes on the land proposed to be subdivided have been paid to the municipality where the land is located or arrangements satisfactory to the municipality have been made for their payment pursuant to Part 10.

(1.1)  A decision of a subdivision authority must state

                                 (a)    whether an appeal lies to a subdivision and development appeal board or to the Municipal Government Board, and

                                 (b)    if an application for subdivision approval is refused, the reasons for the refusal.

(1.2)  If the subdivision authority is of the opinion that there may be a conflict or inconsistency between statutory plans, section 638 applies in respect of the conflict or inconsistency.

 

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;

 

111   Section 656 is amended by adding the following after subsection (3):

(4)  Section 640(5) does not apply in the case of an application that was deemed to be refused under section 653.1(8).

 

112   Section 658(4) is repealed and the following is substituted:

(4)  If all reserve land has been cancelled from a plan of subdivision, the resulting parcel of land, if it is subsequently subdivided, is subject to Division 8.

 

113   Section 661 is amended

                            (a)    in clause (a) by striking out “roads, public utilities and environmental reserve, and” and substituting “roads and public utilities,”;

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

                              (a.1)    subject to section 663, to the Crown in right of Alberta or a municipality, land for environmental reserve, and

 

114   The following is added after section 661:

Land for conservation reserve

661.1   The owner of a parcel of land that is the subject of a proposed subdivision must provide to a municipality land for conservation reserve as required by the subdivision authority pursuant to this Division.

 

115   Section 664 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “section 663” and substituting “section 663 and subsection (2)”;

                                 (ii)    by repealing clause (c) and substituting the following:

                                       (c)    a strip of land, not less than 6 metres in width, abutting the bed and shore of any body of water.

                           (b)    by adding the following after subsection (1):

(1.1)  A subdivision authority may require land to be provided as environmental reserve only for one or more of the following purposes:

                                 (a)    to preserve the natural features of land referred to in subsection (1)(a), (b) or (c) where, in the opinion of the subdivision authority, those features should be preserved;

                                 (b)    to prevent pollution of the land or of the bed and shore of an adjacent body of water;

                                 (c)    to ensure public access to and beside the bed and shore of a body of water lying on or adjacent to the land;

                                 (d)    to prevent development of the land where, in the opinion of the subdivision authority, the natural features of the land would present a significant risk of personal injury or property damage occurring during development or use of the land.

(1.2)  For the purposes of subsection (1.1)(b) and (c), “bed and shore” means the natural bed and shore as determined under the Surveys Act.

 

116   The following is added after section 664:

Agreement respecting environmental reserve

664.1(1)  In this section, “subdivision approval application” means an application under section 653 for approval to subdivide a parcel of land referred to in subsection (2).

(2)  A municipality and an owner of a parcel of land may, before a subdivision approval application is made or after it is made but before it is decided, enter into a written agreement

                                 (a)    providing that the owner will not be required to provide any part of the parcel of land to the municipality as environmental reserve as a condition of subdivision approval, or

                                 (b)    providing that the owner will be required to provide part of the parcel of land to the municipality as environmental reserve as a condition of subdivision approval, and specifying the boundaries of that part.

(3)  Where the agreement provides that the owner will not be required to provide any part of the parcel of land to the municipality as environmental reserve, the subdivision authority must not require the owner to provide any part of the parcel as environmental reserve as a condition of approving a subdivision approval application.

(4)  Where the agreement specifies the boundaries of the part of the parcel of land that the owner will be required to provide to the municipality as environmental reserve, the subdivision authority must not require the owner to provide any other part of the parcel as environmental reserve as a condition of approving a subdivision approval application.

(5)  Subsections (3) and (4) do not apply on a subdivision approval application where either party to the agreement demonstrates that a material change affecting the parcel of land occurred after the agreement was made.

Conservation reserve

664.2(1)  A subdivision authority may require the owner of a parcel of land that is the subject of a proposed subdivision to provide part of that parcel of land to the municipality as conservation reserve if

                                 (a)    in the opinion of the subdivision authority, the land has environmentally significant features,

                                 (b)    the land is not land that could be required to be provided as environmental reserve,

                                 (c)    the purpose of taking the conservation reserve is to enable the municipality to protect and conserve the land, and

                                 (d)    the taking of the land as conservation reserve is consistent with the municipality’s municipal development plan.

(2)  Within 30 days after the Registrar issues a new certificate of title under section 665(2) for a conservation reserve, the municipality must pay compensation to the landowner in an amount equal to the market value of the land at the time the application for subdivision approval was received by the subdivision authority.

(3)  If the municipality and the landowner disagree on the market value of the land, the matter must be determined by the Land Compensation Board.

 

117   Section 665 is amended

                            (a)    in subsection (1) by adding “, conservation reserve” after “environmental reserve”;

                           (b)    in subsection (2) by adding the following after clause (c):

                              (c.1)    conservation reserve, which must be identified by a number suffixed by the letters “CR”,

                            (c)    in subsection (3) by adding “, conservation reserve” after “environmental reserve”.

 

118   Section 666 is amended

                            (a)    in subsection (2) by striking out “the land required to be provided as environmental reserve and the land made subject” and substituting “all land required to be provided as conservation reserve or environmental reserve or made subject”;

                           (b)    in subsection (3) by striking out “the land required to be provided as environmental reserve and the land subject” and substituting “all land required to be provided as conservation reserve or environmental reserve or made subject”;

                            (c)    by adding the following after subsection (3):

(3.1)  For greater certainty, for the purposes of calculating the 10% under subsection (2) or (3), the parcel of land includes any land required to be provided under section 662.

 

119   Section 672(3) and (5) are amended by striking out “school building envelope” wherever it occurs and substituting “school building footprint”.

 

120   The following is added after section 674:

No disposal of conservation reserve

674.1   A municipality must not sell, lease or otherwise dispose of conservation reserve and must ensure that the land remains in its natural state.

 

121   Section 678 is amended

                            (a)    by repealing subsection (2)(a) and substituting the following:

                                 (a)    with the Municipal Government Board

                                        (i)    if the land that is the subject of the application is within the Green Area as classified by the Minister responsible for the Public Lands Act,

                                      (ii)    if the land that is the subject of the application contains, is adjacent to or is within the prescribed distance of a highway, a body of water, a sewage treatment or waste management facility or a historical site, or

                                     (iii)    in any other circumstances described in the regulations under section 694(1)(h.2),

                                      or

                           (b)    in subsection (3) by striking out “5 days” and substituting “7 days”.

 

122   Section 679 is amended by adding the following after subsection (3):

(3.1)  Subsections (1)(c), (d) and (f) and (2) do not apply to an appeal of the deemed refusal of an application under section 653.1(8).

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;

                           (b)    by adding the following after subsection (2):

(2.1)  In the case of an appeal of the deemed refusal of an application under section 653.1(8), the board must determine whether the documents and information that the applicant provided met the requirements of section 653.1(2).

(2.2)  Subsection (1)(b) does not apply to an appeal of the deemed refusal of an application under section 653.1(8).

 

124   The heading preceding section 683 is repealed and the following is substituted:

Development Permits

 

125   The following is added after section 683:

Development applications

683.1(1)  A development authority must, within 20 days after the receipt of an application for a development permit, determine whether the application is complete.

(2)  An application is complete if, in the opinion of the development authority, the application contains the documents and other information necessary to review the application.

(3)  The time period referred to in subsection (1) may be extended by an agreement in writing between the applicant and the development authority or, if applicable, in accordance with a land use bylaw made pursuant to section 640.1(a).

(4)  If the development authority does not make a determination referred to in subsection (1) within the time required under subsection (1) or (3), the application is deemed to be complete.

(5)  If a development authority determines that the application is complete, the development authority must issue to the applicant an acknowledgment in the form and manner provided for in the land use bylaw that the application is complete.

(6)  If the development authority determines that the application is incomplete, the development authority must issue to the applicant a notice in the form and manner provided for in the land use bylaw that the application is incomplete and that any outstanding documents and information referred to in the notice must be submitted by a date set out in the notice or a later date agreed on between the applicant and the development authority in order for the application to be considered complete.

(7)  If the development authority determines that the information and documents submitted under subsection (6) are complete, the development authority must issue to the applicant an acknowledgment in the form and manner provided for in the land use bylaw that the application is complete.

(8)  If the applicant fails to submit all the outstanding information and documents on or before the date referred to in subsection (6), the application is deemed to be refused.

(9)  If an application is deemed to be refused under subsection (8), the development authority must issue to the applicant a notice in the form and manner provided for in the land use bylaw that the application has been refused and the reason for the refusal.

(10)  Despite that the development authority has issued an acknowledgment under subsection (5) or (7), in the course of reviewing the application, the development authority may request additional information or documentation from the applicant that the development authority considers necessary to review the application.

(11)  If the development authority refuses the application for a development permit, the development authority must issue to the applicant a notice in the form and manner provided for in the land use bylaw that the application has been refused and the reasons for the refusal.

 

126   Section 684 is repealed and the following is substituted:

Development Appeals

Permit deemed refused

684(1)  The development authority must make a decision on the application for a development permit within 40 days after the receipt by the applicant of an acknowledgment under section 683.1(5) or (7) or, if applicable, in accordance with a land use bylaw made pursuant to section 640.1(b).

(2)  A time period referred to in subsection (1) may be extended by an agreement in writing between the applicant and the development authority.

(3)  If the development authority does not make a decision referred to in subsection (1) within the time required under subsection (1) or (2), the application is, at the option of the applicant, deemed to be refused.

(4)  Section 640(5) does not apply in the case of an application that was deemed to be refused under section 653.1(8) or 683.1(8).

 

127   Section 685(3) is repealed and the following is substituted:

(3)  Despite subsections (1) and (2), no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted or the application for the development permit was deemed to be refused under section 683.1(8).

 

128   Section 686 is amended by adding the following after subsection (4):

(4.1)  Subsections (1)(b) and (3)(c) do not apply to an appeal of a deemed refusal under section 683.1(8).

 

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;

 

130   Section 688(1) is amended

                            (a)    by striking out “Despite section 506, an appeal” and substituting “An appeal”;

                           (b)    by repealing clause (b) and substituting the following:

                                 (b)    a decision made by the Municipal Government Board

                                        (i)    under section 619 respecting whether a proposed statutory plan or land use bylaw amendment is consistent with a licence, permit, approval or other authorization granted under that section,

                                      (ii)    under section 648.1 respecting the imposition of an off‑site levy or the amount of the levy,

                                     (iii)    under section 678(2)(a) respecting a decision of a subdivision authority, or

                                     (iv)    under section 690 respecting an intermunicipal dispute.

 

131   Section 694 is amended

                            (a)    in subsection (1)

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

                                   (b.1)    respecting the application of sections 708.33 to 708.43 for the purposes of section 631(4);

                                 (ii)    by repealing clause (h) and substituting the following:

                                       (h)    prescribing distances for the purpose of section 678(2)(a)(ii);

                                   (h.1)    defining “historical site” for the purpose of section 678(2)(a)(ii);

                                   (h.2)    setting out circumstances for the purpose of section 678(2)(a)(iii);

                                (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.

                                 (b)    by repealing subsection (4) and substituting the following:

(4)  The Lieutenant Governor in Council may make regulations

                                       (a)    respecting the calculation of an off‑site levy in a bylaw for a purpose referred to in section 648(2.1) and the maximum amount that a municipality may establish or impose and collect as a redevelopment levy or an off-site levy, either generally or specifically;

                                       (b)    respecting the principles and criteria that must be applied by a municipality when passing an off-site levy bylaw;

                                       (c)    respecting the determination of the benefitting area for a purpose under section 648(2) or 648(2.1) and the extent of the anticipated benefit to the future occupants of the land on which the off‑site levy is being imposed;

                                       (d)    respecting appeals to the Municipal Government Board under section 648.1, including, without limitation,

                                             (i)    the filing of a notice of an appeal,

                                            (ii)    the time within which an appeal may be brought, and

                                           (iii)    the process and procedures of an appeal.

132   Section 708.011 is repealed and the following is substituted:

Purpose

708.011   The purposes of this Part are

                                 (a)    subject to clause (b), to enable 2 or more municipalities to initiate, on a voluntary basis, the establishment of a growth management board, and

                                 (b)    to establish growth management boards for the Edmonton and Calgary regions

to provide for integrated and strategic planning for future growth in municipalities.

 

133   Section 708.02 is amended

                            (a)    by adding the following after subsection (1):

(1.1)  Despite subsection (1), the Lieutenant Governor in Council must by regulation establish a growth management board for both the Edmonton region and the Calgary region and determine the membership of each of those boards.

(1.2)  For the purposes of subsection (1.1), the growth management board established under the Capital Region Board Regulation (AR 38/2012) is deemed to be a growth management board for the Edmonton region.

                           (b)    in subsection (2) by striking out “and” at the end of clause (b) and by adding the following after clause (c):

                                 (d)    require the growth management board to prepare a growth plan for the growth region,

                                 (e)    specify the objectives of the growth plan,

                                 (f)    specify the contents of the growth plan,

                                 (g)    specify the timelines for completing the growth plan,

                                 (h)    specify the form of the growth plan,

                                  (i)    specify the desired effect of the growth plan,

                                  (j)    specify regional services and the funding of those services, and

                                 (k)    specify the process for establishing or amending the growth plan.

                            (c)    by repealing subsection (3)(f) to (l).

 

134   The following is added after section 708.25:

Part 17.2
Intermunicipal Collaboration

Definitions

708.26(1)  In this Part,

                                 (a)    “arbitrator” means a person who is chosen as an arbitrator under Division 3;

                                 (b)    “framework” means an intermunicipal collaboration framework entered into between 2 or more municipalities in accordance with this Part, and includes any amendments to a framework.

(2)  Subject to the regulations, a reference in this Part to a municipality includes an improvement district.

Purpose

708.27   The purpose of this Part is to require municipalities to develop an intermunicipal collaboration framework among 2 or more municipalities

                                 (a)    to provide for the integrated and strategic planning, delivery and funding of intermunicipal services,

                                 (b)    to steward scarce resources efficiently in providing local services, and

                                 (c)    to ensure municipalities contribute funding to services that benefit their residents.

Division 1
Intermunicipal Collaboration Framework

Framework is mandatory

708.28(1)  Subject to subsection (4), municipalities that have common boundaries must, within 2 years from the coming into force of this section, create a framework with each other.

(2)  Municipalities that do not have common boundaries may be parties to a framework.

(3)  A municipality may be a party to more than one framework.

(4)  Despite subsection (1),

                                 (a)    municipalities that are members of a growth management board are required to create a framework with other members of the same growth management board only in respect of those matters that are not addressed in the growth management plan;

                                 (b)    the Minister may by order exempt one or more municipalities from the requirement to create a framework.

(5)  Despite subsection (1) but subject to subsection (6), a framework to be created pursuant to subsection (4)(a) must be created by the municipalities within 2 years from the date on which the growth management board is established.

(6)  Municipalities that are members of the growth management board referred to in section 708.02(1.2) must create a framework pursuant to subsection (4)(a) within 2 years from the coming into force of this section.

(7)  Despite subsection (4)(a), the Minister may require municipalities that are members of a growth management board to create a framework with other members of the same growth management board that address the services listed in section 708.29(2)(a) to (e), in which case subsections (5) and (6) apply in respect of that framework.

(8)   An order under subsection (4)(b) may contain terms or conditions that the Minister considers necessary.

(9)  For greater certainty, municipalities that are members of a growth management board must create a framework with those municipalities with which they have common boundaries that are not members of that growth management board.

Contents of framework

708.29(1)  A framework

                                 (a)    must list

                                        (i)    the services being provided by each municipality,

                                      (ii)    the services being shared on an intermunicipal basis by the municipalities, and

                                     (iii)    the services in each municipality that are being provided by third parties by agreement with the municipality,

                                         at the time the framework is created,

                                 (b)    must identify

                                        (i)    which services are best provided on a municipal basis,

                                      (ii)    which services are best provided on an intermunicipal basis, and

                                     (iii)    which services are best provided by third parties by agreement with the municipalities,

                                 (c)    for services to be provided on an intermunicipal basis, must outline how each service will be

                                        (i)    intermunicipally delivered, including which municipality will lead delivery of the service,

                                      (ii)    intermunicipally funded, and

                                     (iii)    discontinued by a municipality when replaced by an intermunicipal service,

                                 (d)    must set the time frame for implementing services to be provided on an intermunicipal basis,

                                 (e)    may contain any details required to implement services on an intermunicipal basis including details in respect of planning for, locating and developing infrastructure to support the services,

                                 (f)    may contain

                                        (i)    provisions for the purposes of developing infrastructure for the common benefit of residents of the municipalities, and

                                      (ii)    any other provisions authorized by the regulations,

                                 (g)    must meet the requirements of Division 4, and

                                 (h)    must meet any other requirements established by the regulations.

(2)  With respect to the requirements of subsection (1)(b), each framework must address services relating to

                                 (a)    transportation,

                                 (b)    water and wastewater,

                                 (c)    solid waste,

                                 (d)    emergency services,

                                 (e)    recreation, and

                                 (f)    any other services, where those services benefit residents in more than one of the municipalities that are parties to the framework.

(3)  Nothing in this Part prevents a framework from enabling an intermunicipal service to be provided in only part of a municipality.

(4)  No framework may contain a provision that conflicts or is inconsistent with a growth plan established under Part 17.1 or with an ALSA regional plan.

(5)  The existence of a framework relating to a service constitutes agreement among the municipalities that are parties to the framework for the purposes of section 54.

Relationship to intermunicipal development plan

708.3(1)  A framework is not complete for the purposes of section 708.29 unless the councils of the municipalities that are parties to the framework have also adopted an intermunicipal development plan under section 631 or an intermunicipal development plan is included as an appendix to the framework.

(2)  Subsection (1) does not apply if the Minister has exempted one or more of the councils of the municipalities from the requirement to adopt an intermunicipal development plan pursuant to section 631(1.1).

(3)  Despite section 631, to the extent that a matter is dealt with in a framework, the matter does not need to be included in an intermunicipal development plan.

Conflict or inconsistency

708.31   If there is a conflict or inconsistency between a framework and an existing agreement between 2 or more municipalities that are parties to that framework, the framework must address the conflict or inconsistency and, if necessary, alter or rescind the agreement.  

Term and review

708.32(1)  The municipalities that are parties to a framework must review the framework at least every 5 years after the framework is created, or within a shorter period of time as provided for in the framework.

(2)  Where, during a review, the municipalities do not agree that the framework continues to serve the interests of the municipalities, the municipalities must create a replacement framework in accordance with this Part.

(3)  Subsection (2) applies only to municipalities that are required under section 708.28(1) to create a framework.

Division 2
Framework Created
by Agreement

Method of creating framework

708.33(1)  Municipalities must create a framework by adopting matching bylaws that contain the framework.

(2)  An intermunicipal development plan created as part of a framework may be adopted by the same bylaw that adopts the framework if the requirements of section 692 are met with respect to that plan.

(3)  In creating or reviewing a framework, the municipalities must negotiate in good faith.

(4)  Once the municipalities have created a framework, the municipalities must ensure that a copy of it is filed with the Minister within 90 days of its creation.

Division 3
Arbitration

Application

708.34   This Division applies to municipalities that are required under section 708.28(1) to create a framework where

                                 (a)    the municipalities are not able to create the framework within the time required under section 708.28, or

                                 (b)    when reviewing a framework under section 708.32, the municipalities do not agree that the framework continues to serve the interests of the municipalities and one of the municipalities provides written notice to the other municipalities and the Minister stating that the municipalities are not able to agree on the creation of a replacement framework.

Arbitration

708.35(1)  Where municipalities are subject to this Division, their dispute must be referred to an arbitrator in accordance with the regulations.

(2)  The arbitrator must be chosen by the municipalities or, if they cannot agree, by the Minister.

(3)  Any mediator who has assisted the municipalities in attempting to create a framework is eligible to be an arbitrator under this Division.

(4)  Where municipalities for whom an arbitrator is appointed create a framework by agreement, the arbitration process ends.

Role of arbitrator

708.36(1)   Where a dispute is referred to an arbitrator under section 708.35, the arbitrator must, subject to the regulations, by order create a framework for those municipalities

                                 (a)    in the case of an original framework, within 3 years from the coming into force of section 708.28, or

                                 (b)    in the case of a replacement framework, within one year from the date the arbitrator is chosen.

(2)  Despite subsection (1), an arbitrator may, as part of the arbitration process, attempt mediation with the municipalities, and

                                 (a)    resolve the dispute and require the municipalities to complete the framework within a reasonable time, or

                                 (b)    recommend an outline for a framework and give the municipalities a reasonable time to complete the framework.

Role of municipality

708.37(1)   Where a dispute is referred to an arbitrator under section 708.35, each municipality must

                                 (a)    provide to the arbitrator a report setting out what that municipality considers are the specific reasons why the municipalities are unable to create a framework, and

                                 (b)    participate in the arbitration process in accordance with the regulations.

(2)  Where a municipality fails to participate in the arbitration process, the arbitrator may

                                 (a)    require the chief administrative officer of the municipality to produce any information required by the arbitrator, or

                                 (b)    settle the dispute or create a framework without the participation of that municipality.

Matters to be considered by arbitrator

708.38(1)  In resolving a dispute or creating a framework, an arbitrator must have regard to

                                 (a)    the services and infrastructure provided for in other frameworks to which the municipalities are also parties,

                                 (b)    consistency of services provided to residents in the municipalities,

                                 (c)    equitable sharing of costs among municipalities,

                                 (d)    environmental concerns within the municipalities,

                                 (e)    the public interest, and

                                 (f)    any other matters prescribed by the regulations. 

(2)  When creating a framework by order, an arbitrator shall not make an order that is inconsistent with the criteria established in the regulations.

Creation of framework by arbitrator

708.39(1)  A framework created by an arbitrator must, subject to the regulations, comply with section 708.29.

(2)  The parties to a framework created by an arbitrator may, by agreement, amend the framework.

(3)  For greater clarity, Division 1, except section 708.28(1), applies to a framework created by an arbitrator.

Municipalities must amend bylaws

708.4(1)  Where a framework is created by an arbitrator, the municipalities that are the parties to the framework must amend their bylaws, other than their land use bylaws, to be consistent with the framework.

(2)  A municipality must not amend, repeal or revise its land use bylaw in a manner that is inconsistent with an intermunicipal development plan under section 631 to which the municipality is a party.

(3)  A municipality must not amend, repeal or revise its bylaws to be inconsistent with a framework to which it is a party or an order of an arbitrator applicable to it.

Costs of arbitrator

708.41(1)  Subject to an order of the arbitrator or an agreement by the parties, the costs of an arbitrator under this Part must be paid on a proportional basis by the municipalities that are to be parties to the framework as set out in subsection (2).

(2)   Each municipality’s proportion of the costs must be determined by dividing the amount of that municipality’s equalized assessment by the sum of the equalized assessments of all of the municipalities’ equalized assessments as set out in the most recent equalized assessment.

Order must be filed

708.42   An order made by the arbitrator under section 708.36(1)(b) must be filed with the Minister within 7 days of being made.

Measures to ensure compliance with frameworks

708.43(1)  If a municipality fails to amend its bylaws to be consistent with the framework as required by section 708.4(1) within the time required by the regulations, one of the other municipalities that are parties to the framework may apply to the Court of Queen’s Bench for an order requiring that municipality to comply with section 708.4(1).

(2)  If the Minister considers that a municipality has not complied with a framework, the Minister may take any necessary measures to ensure that the municipality complies with the framework.

(3)  In subsection (2), all necessary measures includes, without limitation, an order by the Minister

                                 (a)    suspending the authority of a council to make bylaws in respect of any matter specified in the order;

                                 (b)    exercising bylaw‑making authority in respect of all or any of the matters for which bylaw‑making authority is suspended under clause (a);

                                 (c)   removing a suspension of bylaw‑making authority, with or without conditions;

                                 (d)    withholding money otherwise payable by the Government to the municipality pending compliance with an order of the Minister;

                                 (e)    repealing, amending and making policies and procedures with respect to the municipality;

                                 (f)    suspending the authority of a development authority or subdivision authority and providing for a person to act in its place pending compliance with conditions specified in the order;

                                 (g)    requiring or prohibiting any other action as necessary to ensure that the municipality complies with the framework.

Division 4
Resolving Disputes Under
Existing Framework

Definitions

708.44   In this Division, “decision maker” means a person appointed to make decisions under a binding dispute resolution process referred to in section 708.45.

Binding dispute resolution process

708.45(1)  Every framework must contain provisions respecting a binding dispute resolution process that meets the requirements of the regulations for resolving disputes with respect to

                                 (a)    the interpretation, implementation or application of the framework, and

                                 (b)    any contravention or alleged contravention of the framework.

(2)  If a framework does not contain one or more of the provisions required by subsection (1), the framework is deemed to contain the model provisions prescribed by the regulations respecting any matter in respect of which the framework is silent.   

Enforcement of decision maker’s orders

708.46   If a municipality fails to comply with an order of a decision maker, one of the other municipalities that are parties to the framework may apply to the Court of Queen’s Bench for an order directing the municipality to comply with the decision maker’s order or restraining any conduct found by the Court to be in contempt of the decision maker. 

Division 5
General

Regulations Act does not apply

708.47   The Regulations Act does not apply to a framework or order made under this Part.

Jurisdiction of arbitrator

708.48(1)  In this section and section 708.49, “arbitrator” includes a decision maker under Division 4.

(2)  An arbitrator acting under this Part may make a determination

                                 (a)    on a matter of process,

                                 (b)    on the arbitrator’s jurisdiction,

                                 (c)    on a matter of law, and

                                 (d)    on any other matter ancillary to a matter referred to the arbitrator.

(3)  The arbitrator must make the findings and determinations the arbitrator determines to be necessary to decide the matters referred to the arbitrator. 

Limitation period

708.49   A person who wishes to have an order of the Minister or of an arbitrator under this Part declared invalid on any basis must make an application for judicial review within 60 days after the order is made.

Arbitration Act

708.5   Except to the extent provided for in the regulations, the Arbitration Act does not apply to an arbitration conducted under this Part.

Paramountcy of Part 17.2

708.51   In the event of a conflict or inconsistency between this Part and Parts 1, 2, 3, 5, 6, 7, 8 or 17, this Part prevails.

Regulations

708.52   The Lieutenant Governor in Council may make regulations

                                 (a)    respecting frameworks, including, without limitation, regulations respecting the provisions that must or may be included in a framework;

                                 (b)    respecting the process to be followed to create, amend or cancel a framework;

                                 (c)    respecting arbitration under Division 3, including, without limitation, regulations respecting

                                        (i)    the appointment of an arbitrator,

                                      (ii)    the circumstances under which an arbitrator must create a framework, 

                                     (iii)    the powers, duties and functions of an arbitrator,

                                     (iv)    the practice and procedures of an arbitrator,

                                       (v)    the participation of municipalities in the arbitration process, and 

                                     (vi)    the criteria to be considered by an arbitrator in making an order under section 708.38(2);

                                 (d)    prescribing matters for the purposes of section 708.38(1)(f);

                                 (e)    respecting the time within which municipalities that are parties to a framework must amend their bylaws to be consistent with the framework;

                                 (f)    respecting the provisions required to be included in the binding dispute resolution process under Division 4, including, without limitation, regulations

                                        (i)    governing the dispute resolution process and the appointment of a decision maker,

                                      (ii)    respecting the powers, duties and functions of a decision maker,

                                     (iii)    respecting the practice and procedures of a decision maker,

                                     (iv)    respecting the orders that a decision maker may issue, including orders

                                            (A)    requiring an amendment to a framework,

                                            (B)    requiring a municipality to cease any activity that is inconsistent with the framework,  

                                            (C)    providing how a municipality’s bylaws must be amended to be consistent with the framework, and

                                            (D)    providing for an award, which may include interest,

                                            and

                                       (v)    respecting the costs, fees and disbursements incurred in respect of the binding dispute resolution process and who bears those costs;

                                 (g)    prescribing model provisions for the purposes of section 708.45(2);

                                 (h)    respecting a subsequent action before a court following a decision of an arbitrator or decision maker;

                                  (i)    defining any term or expression that is used in this Part but not defined in this Act;

                                  (j)    respecting the extent, if any, to which the Arbitration Act applies to an arbitrator under this Part;

                                 (k)    respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Part.

 

135   In the following provisions “linear” is struck out wherever it occurs and “designated industrial” is substituted:

section 285;
section 313(4);
section 359.1(2) and (4)(c);
section 359.2(2) and (4)(c);
section 500(1);
section 517(2);
section 594(1), (2) and (3).

 

Transitional — proceedings before
assessment review board

136(1)  In this section, “former Division 1” means Division 1 of Part 11 of the Municipal Government Act as it read immediately before the coming into force of this section.

(2)  Where on the coming into force of this section, a proceeding is before an assessment review board with respect to a complaint under the former Division 1, the proceeding must be concluded in accordance with the former Division 1 as if that Division had not been repealed. 

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.

Transitional — regulations

138   The Lieutenant Governor in Council may make regulations providing for the transitional application of the amendments to the Municipal Government Act made by this Act.

Amends RSA 2000 cO‑8

139   The Ombudsman Act is amended

                            (a)    in section 1

                                  (i)    in clause (b) by adding the following after subclause (i.3):

                                    (i.4)    when used in reference to a municipality other than an improvement district or special area, means the chief administrative officer of the municipality;

                                    (i.5)    when used in reference to a municipality that is an improvement district, means the deputy minister of the Minister responsible for the Municipal Government Act;

                                    (i.6)    when used in reference to a municipality that is a special area, means the chair of the Special Areas Board;

                                 (ii)    by adding the following after clause (g):

                                    (g.1)    “municipality” means

                                        (i)    a municipality or improvement district formed under the Municipal Government Act, or

                                      (ii)    a special area constituted under the Special Areas Act;

                           (b)    in sections 12(1) and (3)(c) and 16(1) and (4) by striking out “or professional organization” wherever it occurs and substituting “, professional organization or municipality”;

                            (c)    in section 18

                                  (i)    in subsection (1) by striking out “or professional organization” wherever it occurs and substituting “, professional organization or municipality”;

                                 (ii)    in subsection (2)

                                       (A)    by striking out “or professional organization” and substituting “, professional organization or municipality”;

                                       (B)    by striking out “professional organization or person” and substituting “professional organization, municipality or person”;

                                (iii)    in subsection (3)(a) by striking out “or professional organization” and substituting “, professional organization or municipality”;

                           (d)    in section 21

                                  (i)    in subsections (3) and (4) by adding “or municipality” after “professional organization” wherever it occurs;

                                 (ii)    in subsection (5)

                                       (A)    by adding “or municipality” after “of a professional organization”;

                                       (B)    by striking out “or professional organization” and substituting “, professional organization or municipality”;

                                (iii)    in subsection (6) by striking out “or professional organization” and substituting “, professional organization or municipality”;

                            (e)    in section 21.1

                                  (i)    in subsection (1)

                                       (A)    by striking out “department, agency or professional organization” and substituting “department, agency, professional organization or municipality”;

                                       (B)    in clause (a) by adding “or municipality,” after “professional organization”;

                                 (ii)    in subsection (3)(c) by striking out “or professional organization” and substituting “, professional organization or municipality”;

                            (f)    in section 26(1) and (2) by striking out “or professional organization” and substituting “, professional organization or municipality”;

                           (g)    in section 28

                                  (i)    in subsection (2) by striking out “or professional organization” and substituting “, professional organization or municipality”;

                                 (ii)    in subsection (3)

                                       (A)    by adding the following after clause (c):

                                       (c.01)    any municipality,

                                       (B)    by adding “municipality” after “agency, professional organization,”.

Amends SA 2015 c8

140   The Municipal Government Amendment Act, 2015 is amended

                            (a)    in section 41(b) by striking out after clause (g) and substituting before clause (h)”;

                           (b)    by repealing section 59;

                            (c)    by repealing section 70.

 

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.