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AN ACT TO STRENGTHEN MUNICIPAL GOVERNMENT

Bill 8

AN ACT TO STRENGTHEN
MUNICIPAL GOVERNMENT

Chapter 13

(Assented to June 7, 2017)

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

Municipal Government Act

Amends RSA 2000 cM‑26

1(1)  The Municipal Government Act is amended by this section.


(2)   Section 1(1) is amended by adding the following after clause (k.1):

                             (k.2)    “Indian band” means a band within the meaning of the Indian Act (Canada);

                             (k.3)    “Indian reserve” means a reserve within the meaning of the Indian Act (Canada);

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

                              (a.1)    to foster the well‑being of the environment,

(4)  Division 5 of Part 3 is repealed.

(5)  Section 63 is repealed and the following is substituted:

Definitions

62.1   In this Division, “revised bylaw” means a bylaw that has been revised under section 63.

Revising bylaws

63(1)  A council of a municipality may, by bylaw, revise any of its bylaws or any one or more provisions of them in accordance with this section.

(2)  A bylaw under this section may

                                 (a)    omit and provide for the repeal of a bylaw or a provision of a bylaw that is inoperative, obsolete, expired, spent or otherwise ineffective;

                                 (b)    omit, without providing for its repeal, a bylaw or a provision of a bylaw that is of a transitional nature or that refers only to a particular place, person or thing or that has no general application throughout the municipality;

                                 (c)    combine 2 or more bylaws into one bylaw, divide a bylaw into 2 or more bylaws, move provisions from one bylaw to another and create a bylaw from provisions of one or more other bylaws;

                                 (d)    alter the citation and title of a bylaw and the numbering and arrangement of its provisions, and add, change or omit a note, heading, title, marginal note, diagram or example to a bylaw;

                                 (e)    omit the preamble and long title of a bylaw;

                                 (f)    omit forms or other material contained in a bylaw that can more conveniently be contained in a resolution, and add authority for the forms or other material to be prescribed by resolution;

                                 (g)    make changes, without materially affecting the bylaw in principle or substance,

                                        (i)    to correct clerical, technical, grammatical or typographical errors in a bylaw,

                                      (ii)    to bring out more clearly what is considered to be the meaning of a bylaw, or

                                     (iii)    to improve the expression of the law.

(3)  The title of a revised bylaw must include the words “revised bylaw”.

(4)  A bylaw under this section must not be given first reading until after the chief administrative officer has certified in writing that the proposed revisions were prepared in accordance with this section.

(6)  Section 64 is repealed.

(7)  Section 65 is repealed and the following is substituted:

Requirements relating to revised bylaws

65   A bylaw made in accordance with section 63 and the resulting revised bylaw are deemed to have been made in accordance with all the other requirements of this Act respecting the passing and approval of those bylaws, including any requirements for advertising and public hearings.

(8)  Section 66(1) is amended by striking out “provisions of the revised bylaws substituted for the previous bylaws” and substituting “provisions of a revised bylaw that replace provisions of a previous bylaw”.

(9)  Section 67 is repealed and the following is substituted:

References to repealed bylaws

67   A reference in a bylaw, enactment or document to a bylaw that has been revised under section 63 or to a provision of a bylaw that has been revised under section 63 is, in respect of any transaction, matter or thing occurring after the revised bylaw or provision, as the case may be, comes into force, to be considered as a reference to the revised bylaw or provision.

(10)  Section 68 is repealed.

(11)  Section 103 is amended

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

                                 (c)    all local authorities having jurisdiction to operate or provide services in the initiating municipal authority or in any of the municipal authorities with which it proposes to amalgamate.

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

                                 (b)    include proposals for consulting with all local authorities referred to in subsection (1)(c) and the public about the proposed amalgamation.

(12)  Section 116(1) is amended

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

                              (a.1)    the Minister,

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

                                 (c)    all local authorities having jurisdiction to operate or provide services in the initiating municipal authority or in any of the municipal authorities from which the land is to be annexed.

(13)  Section 135 is amended

                            (a)    in subsection (1)

                                  (i)    by striking out “the formation, annexation” and substituting “an annexation or the formation”;

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

                                       (c)    in the case of an amalgamation or an annexation, if at the time of the notice under section 103 or 116 any land or any portion of it is designated or required to be provided as a public utility lot, environmental reserve, conservation reserve, municipal reserve or municipal and school reserve under Part 17 or a former Act as defined in Part 17, on the amalgamation or annexation taking effect the ownership of the land becomes vested in the new municipal authority in place of the old municipal authority, and

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

(2)  If the land referred to in subsection (1)(c) is sold or money instead of land is received by the old municipal authority after a notice of amalgamation under section 103 or a notice of annexation under section 116 is received, the proceeds of the sale or the money received must be paid to the new municipal authority.

(14)  The following is added after section 144:

Bylaws respecting maternity and parental leave for councillors

144.1(1)  A council of a municipality may, by bylaw, having regard to the need to balance councillors’ roles as parents with their responsibilities as representatives of residents, establish whether councillors are entitled to take leave prior to or after the birth or adoption of their child.

(2)  If a bylaw under subsection (1) entitles councillors to take leave, the bylaw must contain provisions

                                 (a)    respecting the length of the leave and other terms and conditions of the leave entitlement, and

                                 (b)    addressing how the municipality will continue to be represented during periods of leave.

(15)  Section 174(2) is repealed and the following is substituted:

(2)  A councillor is not disqualified by being absent from regular council meetings under subsection (1)(d) if

                                 (a)    the absence is authorized by a resolution of council passed at any time

                                        (i)    before the end of the last regular meeting of the council in the 8‑week period, or

                                      (ii)    if there is no other regular meeting of the council during the 8‑week period, before the end of the next regular meeting of the council,

                                     or

                                 (b)    the absence is in accordance with a bylaw under section 144.1.

(16)  Section 191 is amended by adding the following after subsection (2):

(3)  Subsection (2) does not apply to a revision or repeal under section 63.

(17)  Section 224 is amended by adding the following after subsection (3):

(3.1)  The petition must have attached to it the affidavits referred to in subsection (3).

(18)  Section 225(3) is amended by adding the following after clause (a):

                              (a.1)    whose signature is witnessed but for which no affidavit is attached to the petition,

(19)  Section 243(1) is amended by adding the following after clause (b):

                             (b.1)    the amount of expenditures and transfers needed to meet the municipality’s obligations as a member of a growth management board;

(20)  Section 284 is amended by adding the following after subsection (3):

(4)  In this Part and Parts 11 and 12, “complaint deadline” means 60 days after the notice of assessment date set under section 308.1 or 324(2)(a.1).

(21)  Section 294(1) is amended

                            (a)    by striking out “purpose of preparing an assessment of the property or determining if the property is to be assessed” and substituting “purpose of carrying out the duties and responsibilities of the assessor under Parts 9 to 12 and the regulations”;

                           (b)    in clause (b) by striking out “to assist the assessor in preparing the assessment or determining if the property is to be assessed”.

(22)  Section 303(f.1) is repealed.

(23)  Section 304(1) is amended

                            (a)    in clause (d) by striking out “part of the station grounds of a railway or part of a right of way for a railway” and substituting “part of the station grounds of, or of a right of way for, a railway other than railway property, or a right of way for ”;

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

(d.1)

railway property;

(d.1)

the owner of the railway property;

(24)  Section 305 is amended by adding the following after subsection (1):

(1.1)  Where an assessor corrects the assessment roll in respect of an assessment about which a complaint has been made, the assessor must send to the assessment review board or the Municipal Government Board, as the case may be, no later than the time required by the regulations,

                                 (a)    a copy of the amended assessment notice, and

                                 (b)    a statement containing the following information:

                                        (i)    the reason for which the assessment roll was corrected;

                                      (ii)    what correction was made;

                                     (iii)    how the correction affected the amount of the assessment.

(1.2)  Where the assessor sends a copy of an amended assessment notice under subsection (1.1) before the date of the hearing in respect of the complaint, 

                                 (a)    the complaint is cancelled,

                                 (b)    the complainant’s complaint fees must be returned, and

                                 (c)    the complainant has a new right of complaint in respect of the amended assessment notice.

(25)  The following is added after section 308:

Notice of assessment date

308.1(1)  An assessor must annually set a notice of assessment date, which must be no earlier than January 1 and no later than July 1.

(2)  An assessor must set additional notice of assessment dates for amended and supplementary assessment notices, but none of those notice of assessment dates may be later than the date that tax notices are required to be sent under Part 10.

(26)  Section 310 is amended

                            (a)    in subsection (1) by striking out “subsection (1.1)” and substituting “subsections (1.1) and (3)”;

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

(3)  An assessment notice must be sent at least 7 days prior to the notice of assessment date.

(4)  A designated officer must certify the date on which the assessment notice is sent.

(5)  The certification of the date referred to in subsection (4) is evidence that the assessment notice has been sent.

(27)  Section 322(1) is amended by adding the following after clause (e.1):

                           (e.11)    respecting the providing of information by the provincial assessor to a municipality under section 299.2, including, without limitation, regulations

                                        (i)    requiring the provincial assessor and the municipality to enter into a confidentiality agreement with respect to that information, and

                                      (ii)    respecting the terms and conditions of a confidentiality agreement;

(28)  Section 324(2) is amended by adding the following after clause (a):

                              (a.1)    a new notice of assessment date is to be established,

(29)  Section 334(1) is amended by adding the following after clause (f):

                              (f.1)    information on how to request a receipt for taxes paid;

(30)  Section 342 is amended by adding “and the assessed person requests a receipt” after “a municipality”.

(31)  Section 358.1 is amended

                            (a)    in subsections (1)(a) and (3) by striking out “the date this section comes into force” and substituting “May 31, 2016”;

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

(3.1)  If in any year after 2016 a non‑conforming municipality has a tax ratio that is greater than 5:1, the non‑conforming municipality shall reduce its tax ratio for subsequent years in accordance with the regulations.

                            (c)    in subsections (4) and (5) by striking out “the year in which this section comes into force” and substituting “2016”;

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

(8)  The Lieutenant Governor in Council may, for the purposes of subsection (3.1), make regulations establishing one or more ranges of tax ratios that must be reduced to 5:1 within a specified period.

(32)  Section 359.1(1) is amended by striking out “section 326(a)(ii)” and substituting “section 326(1)(a)(ii)”.

(33)  Section 359.2(1) is amended by striking out “section 326(a)(iii)” and substituting “section 326(1)(a)(iii)”.

(34)  Section 361(c) is amended by adding “conservation reserves,” after “environmental reserves,”.

(35)  Section 362(1)(a) is amended by adding “other than property that is held by a Provincial corporation as defined in the Financial Administration Actafter “in property”.

(36)  The following is added after section 362:

Electric energy generation systems exemptions

362.1   Despite sections 359.1(4) and 359.2(4), the Minister may by order exempt, in respect of a taxation year, to any extent the Minister considers appropriate, one or more electric power systems used or intended for use in the generation or gathering of electricity from taxation for the purpose of raising the revenue needed to pay the requisitions referred to in section 326(1)(a)(ii) and (iii).

(37)  Section 363(3) is amended by striking out “section 326(a)” and substituting “section 326(1)(a)”.

(38)  Section 370 is amended by adding the following after clause (e):

                            (f)    respecting the circumstances in which property is to be considered to be used in connection with a purpose, activity or other thing for the purposes of one or more provisions of this Part;

                           (g)    respecting the circumstances in which property is to be considered to be held by a person or entity for the purposes of one or more provisions of this Part.

(39)  Division 4 of Part 10 is repealed and the following is substituted:

Division 4
Establishment of Business
Improvement Area and Business
Improvement Area Tax

Purpose

380.1  A council may by bylaw establish a business improvement area for one or more of the following purposes:

                                 (a)    improving, beautifying and maintaining property in the business improvement area;

                                 (b)    developing, improving and maintaining public parking in the business improvement area;

                                 (c)    promoting the business improvement area as a business or shopping area.

Board

380.2(1)  A business improvement area is governed by a board consisting of members appointed by council under the business improvement area bylaw.

(2)  The board is a corporation.

Civil liability of board members

380.3(1)  In this section, “approved budget” means a budget of the board of a business improvement area that has been approved by council.

(2)  A member of a board of a business improvement area that makes an expenditure that is not included in an approved budget is liable to the municipality for the expenditure.

(3)  If more than one member is liable to the municipality under this section in respect of a particular expenditure, the members are jointly and severally liable to the municipality for the expenditure.

(4)  The liability may be enforced by action by

                                 (a)    the municipality, or

                                 (b)    a person who is liable to pay the business improvement area tax imposed in respect of the business improvement area.

Business improvement area tax

380.4(1)  A council may, by bylaw, impose a business improvement area tax in respect of a business improvement area. 

(2)  A council must pass a business improvement area tax bylaw in respect of each business improvement area.

(3)  The business improvement area tax bylaw authorizes the council to impose a tax on property or on businesses, but not on both, within the business improvement area, except

                                 (a)    businesses that are referred to in section 351 or 375,

                                 (b)    if applicable, the administration or management office of the business improvement area located within the business improvement area, and

                                 (c)    if the tax is a tax on property,

                                        (i)    all property other than non‑residential property, and

                                      (ii)    a property that is exempt under section 351, 361, 362 or 364, unless section 363 or 365 applies in respect of that property.

(4)  The person liable to pay a business improvement area tax is

                                 (a)    if the tax is imposed on property within the business improvement area, the owner of the property, and

                                 (b)    if the tax is imposed on businesses within the business improvement area, the person who operates the business.

(5)  Division 1, other than sections 348 to 352, does not apply to a business improvement area tax on property within a business improvement area.

(6)  A business improvement area tax on property within a business improvement area is not a property tax for the purposes of Division 2.

(7)  Notwithstanding that one or more parts of a property in a business improvement area are exempt from the business improvement area tax, the business improvement area tax imposed on a taxable part of the property is recoverable against the entire property.

Regulations

380.5   The Minister may make regulations

                                 (a)    respecting the establishment or modification of a business improvement area;

                                 (b)    setting out what must be included in a business improvement area bylaw;

                                 (c)    respecting the appointment, term and renewal of membership of members of the board of a business improvement area;

                                 (d)    respecting the powers and duties of a board of a business improvement area and a board’s annual budget;

                                 (e)    respecting the disestablishment of a business improvement area and the dissolution of a board of a business improvement area;

                                 (f)    that operate despite Part 8, authorizing a municipality to lend money to a board of a business improvement area and to borrow money on behalf of a board;

                                 (g)    establishing restrictions on the providing of money to a board of a business improvement area by a municipality;

                                 (h)    specifying provisions in this Part that do not apply, or that apply with modifications, to a business improvement area tax on property within a business improvement area;

                                  (i)    respecting a business improvement area tax, including, without limitation, regulations respecting the assessment, administration, collection and frequency of payment of a business improvement area tax;

                                  (j)    respecting any other matter or thing that the Minister considers necessary for carrying out the intent and purpose of this Division.

(40)  Section 410(e) is amended by striking out “or a community aggregate payment levy” and substituting “, a community aggregate payment levy or, where a business improvement area tax is imposed on property under section 380.4(3), a business improvement area tax”.

(41)  Section 437(c) is amended by adding the following after subclause (i): 

                              (i.1)    a business improvement area tax,

(42)  Section 482(2)(a) is repealed and the following is substituted:

                           (a)    an assessment notice was sent at least 7 days prior to the notice of assessment date, or

(43)  Section 491(1)(a) is amended by striking out “the date shown on the assessment notice” and substituting “the complaint deadline”.

(44)  Section 493 is amended

                            (a)    in subsection (1) by striking out “written statement” and substituting “form”;

                           (b)    in subsection (2)

                                  (i)    by striking out “written statement” and substituting “form”;

                                 (ii)    by striking out “the statement” and substituting “the form”.

(45)  Section 494(1) is amended

                            (a)    in clause (a)

                                  (i)    by striking out “written statement” and substituting “form”;

                                 (ii)    by striking out “the statement” and substituting “the form”;

                           (b)    in clause (b) by striking out “written statement” and substituting “form”.

(46)  Section 519 is amended by striking out “written statement” and substituting “form”.

(47)  Section 525(3)(a) is repealed and the following is substituted:

                           (a)    an assessment notice was sent at least 7 days prior to the notice of assessment date, or

(48)  Section 574 is amended

                            (a)    in subsection (1) by adding “, a report of an official administrator under section 575.1” after “section 571”;

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

(2)  If an order of the Minister under subsection (1) is not carried out to the satisfaction of the Minister and the Minister considers that the municipality continues to be managed in an irregular, improper or improvident manner or if an order of the Minister under section 570(c) is not carried out to the satisfaction of the Minister, and all reasonable efforts to resolve the situation have been attempted and have been unsuccessful, the Minister may make one or more of the following orders:

                                 (a)    an order suspending the authority of the council to make bylaws in respect of any matter specified in the order;

                                 (b)    an order exercising bylaw‑making authority in respect of all or any of the matters for which bylaw‑making authority is suspended under clause (a);

                                 (c)    an order removing a suspension of bylaw‑making authority, with or without conditions;

                                 (d)    an order withholding money otherwise payable by the Government to the municipal authority pending compliance with an order of the Minister;

                                 (e)    an order repealing, amending and making policies and procedures with respect to the municipal authority;

                                 (f)    an order 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)    an order requiring or prohibiting any other action as necessary to ensure an order is complied with;

                                 (h)    an order dismissing the council or any member of it or the chief administrative officer.

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

(2.1)  Before making an order under subsection (2), the Minister must give the municipal authority notice of the intended order and at least 14 days in which to respond.

(49)  The following is added after section 575:

Reports of official administrators

575.1   An official administrator appointed under this Part shall on request of the Minister, and may at any other time, report to the Minister on any matter respecting the municipality or its council or administration or any intermunicipal matter.

Enforcement where municipality under supervision

575.2(1)  If the Minister considers that a municipality has, while under the supervision of an official administrator,

                                 (a)    incurred a liability or disposed of money or property without the written approval of the official administrator required by section 575(2)(a), or

                                 (b)    acted on a bylaw or resolution that has been disallowed by the official administrator under section 575(2)(b),

the Minister may take any necessary measures to address the situation, including, without limitation, making one or more orders referred to in section 574(2)(a) to (h).

(2)  Before making an order under subsection (1), the Minister must give the municipal authority notice of the intended order and at least 14 days in which to respond.

(50)  The following is added after section 579:

Minister’s decisions

579.1(1)  An applicant seeking injunctive relief from a court against any order, decision or direction of the Minister under this Part must give the Minister at least 10 days’ notice of the application.   

(2)  An order, decision or direction of the Minister under this Part is not stayed by an application for judicial review but remains in effect pending the court’s decision on the judicial review application.

(51)  Section 596(1)(d) is repealed and the following is substituted:

                           (d)    to pay to other municipalities any portion of the taxes levied and collected that the Minister may by order determine.

(52)  Section 602.36(1) is repealed and the following is substituted:

Directions and dismissal

602.36(1)  If because of an inspection under section 602.35 or a report of an official administrator under this Division the Minister considers that a commission is managed in an irregular, improper or improvident manner, the Minister may by order direct the board of the commission to take any action that the Minister considers proper in the circumstances.

(1.1)  If an order of the Minister under this section is not carried out to the satisfaction of the Minister and the Minister considers that the commission continues to be managed in an irregular, improper or improvident manner, and all reasonable efforts to resolve the situation have been attempted and have been unsuccessful, the Minister may make one or more of the following orders:

                                 (a)    an order suspending the authority of the board to make bylaws in respect of any matter specified in the order;

                                 (b)    an order exercising bylaw‑making authority in respect of all or any of the matters for which bylaw‑making authority is suspended under clause (a);

                                 (c)    an order removing a suspension of bylaw‑making authority, with or without conditions;

                                 (d)    an order withholding money otherwise payable by the Government to the commission pending compliance with an order of the Minister;

                                 (e)    an order repealing, amending and making policies and procedures with respect to the commission;

                                 (f)    an order requiring or prohibiting any other action as necessary to ensure an order is complied with;

                                 (g)    an order dismissing the board or any director.

(1.2)  Before making an order under subsection (1.1), the Minister must give the commission notice of the intended order and at least 14 days in which to respond.

(53)  The following is added after section 602.37:

Reports of official administrators

602.371   An official administrator appointed under this Division shall on request of the Minister, and may at any other time, report to the Minister on any matter respecting

                                 (a)    the commission or its board or administration, or

                                 (b)    any matter respecting the provision of services by the commission.

Enforcement where regional services
commission under supervision

602.372(1)  If the Minister considers that a commission has, while under the supervision of an official administrator,

                                 (a)    incurred a liability or disposed of money or property without the written approval of the official administrator required by section 602.37(2)(a), or

                                 (b)    acted on a bylaw or resolution that has been disallowed by the official administrator under section 602.37(2)(b),

the Minister may take any necessary measures to address the situation, including, without limitation, making one or more orders referred to in section 602.36(1.1)(a) to (g).

(2)  Before making an order under subsection (1), the Minister must give the commission notice of the intended order and at least 14 days in which to respond.

(54)  Section 603.1 is amended

                            (a)    in subsection (3)(c) by adding “subject to subsection (3.1),” before “June 30, 2017”;

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

(3.1)   For the purposes of the following regulations, subsection (3)(c) shall be read as June 30, 2018:

                                       (a)    Alberta Central East Water Corporation Regulation (AR 137/2013);

                                       (b)    Aquatera Utilities Inc. Regulation (AR 205/2013);

                                       (c)    Aqueduct Utilities Corporation Regulation (AR 92/2012);

                                       (d)    Chestermere Utilities Incorporated Regulation (AR 163/2013);

                                       (e)    Extension of Linear Property Regulation (AR 207/2012);

                                       (f)    NEW water Ltd. Regulation (AR 159/2012);

                                       (g)    Newell Regional Services Corporation Regulation (AR 153/2012);

                                       (h)    Peace Regional Waste Management Company Regulation (AR 41/2011).

(55)  Section 616 is amended by adding the following after clause (j):

                              (j.1)    “joint use and planning agreement” means an agreement under section 670.1;

(56)  Section 633(2)(b) is amended by striking out “other matters” and substituting “other matters, including matters relating to reserves, as”.

(57)  Section 636(1) is amended by striking out “and” at the end of clause (d) and by adding the following after clause (e):

                            (f)    in the case of an area structure plan, where the land that is the subject of the plan is within 1.6 kilometres of a provincial highway, notify the Minister responsible for the Highways Development and Protection Act of the plan preparation and provide opportunities for the Minister to make suggestions and representations,

                           (g)    in the case of a municipal development plan, notify

                                  (i)    the Indian band of any adjacent Indian reserve, or

                                (ii)    any adjacent Metis settlement

                                    of the plan preparation and provide opportunities to that Indian band or Metis settlement to make suggestions and representations, and

                           (h)    in the case of an area structure plan, where the land that is the subject of the plan is adjacent to an Indian reserve or Metis settlement, notify the Indian band or Metis settlement of the plan preparation and provide opportunities for that Indian band or Metis settlement to make suggestions and representations.

(58)  Section 642(3) is amended by striking out “a copy of it must be given to the applicant” and substituting “a copy of the decision, together with a written notice specifying the date on which the decision was made and containing any other information required by the regulations, must be given or sent to the applicant on the same day the decision is made”.

(59)  Section 645 is amended by adding the following after subsection (2):

(2.1)  A notice referred to in subsection (2) must specify the date on which the order was made, must contain any other information required by the regulations and must be given or sent to the person or persons referred to in subsection (2) on the same day the decision is made.

(60)  Section 648 is amended

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

(1.1)  A bylaw may not impose an off-site levy on land owned by a school board that is to be developed for a school building project within the meaning of the School Act.

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

                              (c.2)    subject to the regulations, new or expanded transportation infrastructure required to connect, or to improve the connection of, municipal roads to provincial highways resulting from a subdivision or development;

                            (c)    in subsection (2)(d) by striking out “to (c.1)” and substituting “to (c.2)”;

                           (d)    in subsection (5)(b) by striking out “to (c.1)” and substituting “to (c.2)”.

(61)  Section 666 is amended

                            (a)    in subsection (2) by striking out “The aggregate” and substituting “Subject to section 670.2(9), the aggregate”;

                           (b)    in subsection (3) by striking out “section 667” and substituting “section 667 or, in the case of land referred to in section 670.2, the value determined in accordance with the regulations under that section”;

                            (c)    in subsection (4)(b) by striking out “appraised market value of the land required under” and substituting “value referred to in”.

(62)  Section 667 is amended by adding the following after subsection (1):

(1.1)  Subsection (1) does not apply in respect of money required to be provided under section 670.2.

(63)  Section 670(1) is amended by adding “as municipal reserve, school reserve or municipal and school reserve” after “reserve land is required to be provided”.

(64)  The following is added after section 670:

Joint use and planning agreements

670.1(1)  Where on the coming into force of this section a school board is operating within the municipal boundaries of a municipality, the municipality must, within 3 years after this section comes into force, enter into an agreement under this section with the school board.

(2)  Where after the coming into force of this section a school board commences operating within the municipal boundaries of a municipality, the municipality must, within 3 years after the school board commences operating in the municipality, enter into an agreement under this section with the school board.

(3)  An agreement under this section must contain provisions

                                 (a)    establishing a process for discussing matters relating to

                                        (i)    the planning, development and use of school sites on municipal reserves, school reserves and municipal and school reserves in the municipality,

                                      (ii)    transfers under section 672 or 673 of municipal reserves, school reserves and municipal and school reserves in the municipality,

                                     (iii)    disposal of school sites,

                                     (iv)    the servicing of school sites on municipal reserves, school reserves and municipal and school reserves in the municipality, and

                                       (v)    the use of school facilities, municipal facilities and playing fields on municipal reserves, school reserves and municipal and school reserves in the municipality, including matters relating to the maintenance of the facilities and fields and the payment of fees and other liabilities associated with them,

                                 (b)    respecting how the municipality and the school board will work collaboratively,

                                 (c)    establishing a process for resolving disputes, and

                                 (d)    establishing a time frame for regular review of the agreement,

and may, subject to this Act, the regulations, the School Act and the regulations under that Act, contain any other provisions the parties consider necessary or advisable.

(4)  More than one municipality may be a party to a joint use and planning agreement.

(5)  A joint use and planning agreement may be amended from time to time as the parties consider necessary or advisable.

Funding future reserves

670.2(1)  In this section, “reserve land assembly area” means an area of land referred to in subsection (2).

(2)  A municipality may, by bylaw, in accordance with the regulations, identify and delineate the boundaries of an area of land in respect of which the municipality

                                 (a)    expects a future need for municipal reserve, school reserve or municipal and school reserve, and

                                 (b)    will require money to fund future purchases of land to increase the size of municipal reserve, school reserve or municipal and school reserve, or a combination of them, within the area and to service the land.

(3)  A bylaw under subsection (2) must contain an estimate, prepared in accordance with the regulations, of the costs of purchasing land in the future to increase the size of municipal reserve, school reserve or municipal and school reserve, or a combination of them, within the reserve land assembly area and of servicing the land.

(4)  Where on a subdivision approval application a subdivision authority requires a combination of land and money to be provided under section 666(1)(c), the municipality may, if the land lies within a reserve land assembly area identified by bylaw under subsection (2) and the amount of money does not exceed 5% of the value, as determined in accordance with the regulations, of the land at the time the application for subdivision approval was received by the subdivision authority,

                                 (a)    retain the money in a fund, or

                                 (b)    in the case of money required to be provided in place of school reserve or municipal and school reserve, allocate any or all of the money in accordance with an agreement between the municipality and each school board concerned and retain the remainder, if any, in a fund.

(5)  Money in a fund under subsection (4)(a) must be used only for the purposes of purchasing land to increase the size of municipal reserve, school reserve or municipal and school reserve, or a combination of them, within the reserve land assembly area and of servicing the land.

(6)  Money in a fund under subsection (4)(b) must be used only for the purposes of purchasing land to increase the size of school reserve or municipal and school reserve, or a

combination of them, within the reserve land assembly area and of servicing the land.

(7)  Any interest earned on a fund under subsection (4)(a) or (b) accrues to the fund.

(8)  Money in a fund under subsection (4)(a) or (b) must be accounted for separately from other money.

(9)  A subdivision authority may require the owner of a parcel of land that is the subject of a proposed subdivision within a reserve land assembly area to provide an amount of land that exceeds the aggregate amount of land that could be taken as municipal reserve, school reserve or municipal and school reserve under sections 666(2) and 668.

(10)  Where a subdivision authority requires the owner of a parcel of land to provide land under subsection (9), the municipality must, within 30 days after the Registrar issues a new certificate of title for the land under section 665(2), pay compensation to the landowner in an amount equal to the value, as determined in accordance with the regulations, of the amount of land that exceeds the aggregate amount of land that could be taken as municipal reserve, school reserve or municipal and school reserve under sections 666(2) and 668.

(11)  The Minister may make regulations

                                 (a)    respecting reserve land assembly areas and the identification of reserve land assembly areas, including, without limitation, regulations respecting

                                        (i)    the amount of land that may be identified as a reserve land assembly area,

                                      (ii)    circumstances in which land may be identified as a reserve land assembly area;

                                     (iii)    factors that must be taken into consideration and factors that must not be taken into consideration in determining the size of a reserve land assembly area;

                                     (iv)    estimates of costs for the purposes of subsection (3), including, without limitation, what an estimate must include and the factors that must be taken into consideration and factors that must not be taken into consideration in preparing an estimate;

                                       (v)    the location of municipal reserve, school reserve or municipal and school reserve within a reserve land assembly area;

                                 (b)    respecting the determination of the value of land for the purposes of subsection (4) or (10), or both;

                                 (c)    respecting funds under subsection (4) and the use of money in a fund;

                                 (d)    respecting the determination of the value of land proposed to be purchased for a purpose referred to in subsection (5) or (6);

                                 (e)    respecting any other matter or thing that the Minister considers necessary for carrying out the intent and purpose of this section.

(65)   Section 686(1) is repealed and the following is substituted:

Appeals

686(1)  A development appeal to a subdivision and development appeal board is commenced by filing a notice of the appeal, containing reasons, with the board

                                 (a)    in the case of an appeal made by a person referred to in section 685(1)

                                        (i)    with respect to an application for a development permit,

                                            (A)    within 21 days after the date on which the decision is made under section 642, or

                                            (B)    if no decision is made with respect to the application within the 40‑day period, or within any extension of that period under section 684, within 21 days after the date the period or extension expires,

                                            or

                                      (ii)    with respect to an order under section 645, within 21 days after the date on which the order is made,

                                      or

                                 (b)    in the case of an appeal made by a person referred to in section 685(2), within 21 days after the date on which the notice of the issuance of the permit was given in accordance with the land use bylaw.

(66)  Section 694(1) is amended by adding the following after clause (c):

                              (c.1)    respecting the information to be contained in a development authority’s notice of a decision or order;

(67)   The School Act is amended

                            (a)    in section 1(1)

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

                                   (n.1)    “joint use and planning agreement” means an agreement referred to in section 62.1;

                                 (ii)    in clause (p) by adding “, except in section 62.1,” before “means”;

                           (b)    by adding the following after section 62:

Joint use and planning agreements

62.1(1)   In this section,

                                       (a)    “municipality” has the meaning given to it in section 1(1)(s) of the Municipal Government Act;

                                       (b)    “municipal reserve”, “municipal and school reserve” and “school reserve” have the meanings given to them in section 616 of the Municipal Government Act.

(2)  Where on the coming into force of this section a board is operating within the municipal boundaries of one or more municipalities, the board must, within 3 years after this section comes into force, or if the Minister extends that period under subsection (4), within the extended period, enter into an agreement under section 670.1 of the Municipal Government Act with each of the municipalities.

(3)  Where after the coming into force of this section a board commences operating within the municipal boundaries of a municipality, the board must, within 3 years after it commences operating in the municipality, or if the Minister extends that period under subsection (4), within the extended period, enter into an agreement under section 670.1 of the Municipal Government Act with the municipality.

(4)  The Minister may extend the 3-year period under subsection (2) or (3) in respect of all boards or one or more specified boards.

(5)  More than one board may be a party to an agreement referred to in this section.

(6)  An agreement may be amended from time to time as the parties consider necessary or advisable.

                            (c)    in section 63(1) by striking out “section 62(1)(a)(ii) or 197” and substituting “section 62(1)(a)(ii), 62.1 or 197”;

                           (d)    in section 197 by renumbering it as section 197(1) and adding the following after subsection (1):

(2)  Subject to the regulations, subsection (1) does not apply to joint use and planning agreements.

(3)  The Minister may make regulations respecting the extent to which subsection (1) applies to joint use and planning agreements.

Modernized Municipal
Government Act

Amends SA 2016 c24

2(1)  The Modernized Municipal Government Act is amended by this section.

(2)  Section 5 is amended in the new section 2.1 by striking out “within the meaning of the Indian Act (Canada)”.

(3)  Section 9 is amended by renumbering the new section 54 as section 54(1) and by adding the following after subsection (1):

(2)  Without limiting the generality of subsection (1)(b), a municipality may enter into an agreement respecting services with an Indian band or a Metis settlement.

(4)  The following is added after section 13:

13.1   Section 127 is amended by renumbering it as section 127(1) and adding the following after subsection (1):

(2)  Where under section 664.2 a municipality has paid compensation to a landowner for conservation reserve that is subsequently annexed by order to another municipality, the order must require the municipality to which the land is annexed to pay compensation to the other municipality in the same amount that was paid to the landowner.

(5)  The following is added after section 19:

19.1   Section 243(1) is amended by adding the following after clause (c):

                                    (c.1)    the amount of expenditures and transfers needed to meet the municipality’s obligations for services funded under an intermunicipal collaboration framework;

(6)   Section 27(d) is amended by adding the following after the new section 295(5):

(6)  Despite section 294(1) and subsection (1) of this section, where an assessment of property is the subject of a complaint under Part 11 or 12 by the person assessed in respect of that property,

                                 (a)    the assessed person is not obligated to provide information or produce anything to an assessor in respect of that assessment, and

                                 (b)    the assessor has no authority under section 294(1)(c) to make copies of anything the assessed person refuses to provide or produce relating to that assessment

until after the complaint has been heard and decided by the assessment review board or the Municipal Government Board, as the case may be.

(7)  Section 29 is amended by repealing the new section 297(2.1) and substituting the following:

(2.1)  A council may by bylaw divide class 2 into the sub‑classes prescribed by the regulations, and if the council does so, the assessor must assign one or more of the prescribed sub‑classes to a property in class 2.

(8)   Section 30 is amended

                            (a)    in the new section 299

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

(3)  Where a complaint is filed under section 461 by the person assessed in respect of property, a municipality is not obligated to respond to a request by that person for information under this section in respect of an assessment of that property until the complaint has been heard and decided by an assessment review board.

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

(4)  Subsection (3) does not apply if the request for information is in respect of an amended assessment and the amended assessment notice was issued during the complaint period.

                           (b)    in the new section 299.1

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

(3)  Where a complaint described in section 492(1) is filed under section 491(1) by the person assessed in respect of designated industrial property, the provincial assessor is not obligated to respond to a request by that person for information under this section in respect of an assessment of that designated industrial property until the complaint has been heard and decided by the Municipal Government Board.

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

(4)  Subsection (3) does not apply if the request for information is in respect of an amended assessment and the amended assessment notice was issued during the complaint period.

                            (c)    by adding the following after the new section 299.1:

Municipal access to provincial assessment record

299.2(1)  A municipality may ask the provincial assessor, in the manner required by the provincial assessor, to let the municipality see or receive information in the provincial assessor’s possession at the time of the request, showing how the provincial assessor prepared the assessment of designated industrial property in the municipality.

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

(3)  Where a complaint described in section 492(1) is filed under section 491(1) by a municipality in respect of designated industrial property, the provincial assessor is not obligated to respond to a request by that municipality for information under this section in respect of an assessment of that designated industrial property until the complaint has been heard and decided by the Municipal Government Board.

(4)  Subsection (3) does not apply if the request for information is in respect of an amended assessment and the amended assessment notice was issued during the complaint period.

(5)  Information obtained by a municipality under this section must be used only for assessment purposes and must not be disclosed except at the hearing of a complaint before the Municipal Government Board.

(9)  Section 35 is amended by repealing the new section 303.1(f).

(10)  Section 40 is repealed and the following is substituted:

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 notice of assessment date;

                                       (c)    a statement that the assessed person may file a complaint not later than the complaint deadline;

                                       (d)    information respecting filing a complaint in accordance with the regulations.

(2)  An assessment notice may be in respect of a number of assessed properties if the same person is the assessed person for all of them.

(11)  Section 45 is amended by repealing the new section 316.1 and substituting the following:

Contents of supplementary 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 notice of assessment date;

                                 (c)    a statement that the assessed person may file a complaint not later than the complaint deadline;

                                 (d)    information respecting filing a complaint in accordance with the regulations.

(2)  Sections 308(2), 309(2), 310(1.1) and (3) and 312 apply in respect of supplementary assessment notices.

(12)  Section 47(a) is amended

                            (a)    in subclause (i)

                                  (i)    in the new section 322(1)(b) by striking out ,“operational” ”;

                                 (ii)    by adding the following after the new section 322(1)(b):

                                       (b.01)    respecting when property is to be considered operational for the purposes of one or more provisions of this Part;

                           (b)    in subclause (v) in the new section 322(1)(h.3) by adding “or 299.2” after “section 299.1”.

(13)  Section 62 is amended in the new section 461

                            (a)    in subsection (1)(b) by striking out “date shown on that notice under section 309(1)(c) or 316.1(1)(c)”  and substituting “complaint deadline”;

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

(1.1)  A complaint filed after the complaint deadline is invalid.

(14)  Section 78(b) is amended in the new section 493(2)

                            (a)    by striking out “written statement” and substituting “form”;

                           (b)    by striking out “the statement” and substituting “the form”.

(15)   Section 79(b) is amended in the new section 494(1)(b)(ii) by striking out “written statement” and substituting “form”.

(16)  Section 98 is amended 

                            (a)    in clause (b) in the new section 632(2.1) by striking out “2 years” and substituting “3 years”;

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

                                 (c)    in subsection (3) by striking out “and” at the end of clause (e), by adding “and” at the end of clause (f) and by adding the following after clause (f):

                                       (g)    may contain policies respecting the provision of conservation reserve in accordance with section 664.2(1)(a) to (d).

(17)   Section 104 is amended

                            (a)    in clause (d) by striking out after “subsection (2)(a) to (c.1)” ” and substituting before “for which” ”;

                           (b)    in clause (e)

                                  (i)    in the new section 648(8) by striking out “subsection (2.1)” and substituting “subsection (2) or (2.1)”;

                                 (ii)    by adding the following after the new section 648(8):

(9)  If, before the coming into force of this subsection, a bylaw was made that purported to impose a fee or other charge on a developer for a purpose described in subsection (2) or (2.1),

                                             (a)    that bylaw is deemed to have been valid and enforceable to the extent that it imposed a fee or charge for a purpose described in subsection (2) or (2.1) before the coming into force of this subsection, and

                                            (b)    any fee or charge imposed pursuant to the bylaw before the coming into force of this subsection is deemed to have been validly imposed and collected effective from the date the fee or charge was imposed.

(18)  Section 105 is amended by adding the following before the new section 648.1:

Intermunicipal off-site levy

648.01(1)  For the purpose of section 648(1) and subject to the requirements of section 12, 2 or more municipalities may provide for an off‑site levy to be imposed on an intermunicipal basis.

(2)  Where 2 or more municipalities provide for an off-site levy to be imposed on an intermunicipal basis, the municipalities shall enter into such agreements as are necessary to attain the purposes described in section 648(2) or (2.1) that are to be funded by an off‑site levy under section 648(1), by a framework made under Part 17.2 or by any other agreement.

(3)  For greater clarity, where 2 or more municipalities provide for an off-site levy to be imposed on an intermunicipal basis under subsection (1) for the purposes described in section 648(2.1), the benefitting area determined in accordance with the regulations may comprise any combination of land in the participating municipalities.

(4)  If a bylaw providing for an off‑site levy to be imposed on an intermunicipal basis is appealed under section 648.1, the corresponding bylaws of the other participating municipalities are deemed to also be appealed.

(19)  Section 116 is amended in the new section 664.2(1)(d) by adding “and area structure plan” after “municipal development plan”.

(20)  Section 120 is repealed and the following is substituted:

120   The following is added after section 674:

Disposal of conservation reserve

674.1(1)  Subject to this section, a municipality must not sell, lease or otherwise dispose of conservation reserve and must ensure that the land remains in its natural state.

(2)  A municipality may dispose of conservation reserve if all of the features referred to in section 664.2(1)(a) are wholly or substantially destroyed by fire, flood or another event beyond the municipality’s control with the result that, in the opinion of council, there is no remaining purpose in protecting or conserving the land.

(3)  Before a municipality disposes of conservation reserve under subsection (2),

                                       (a)    a public hearing must be held in accordance with section 230 and must be advertised in accordance with section 606, and

                                       (b)    notices containing the information required under section 606 must be posted on or near the conservation reserve that is the subject of the hearing.

(4)  Despite subsections (2) and (3),

                                       (a)    if a municipality receives a notice under section 103 of a proposed amalgamation, the municipality must not dispose of conservation reserve lying within the municipality until after the report under section 106 is submitted to the Minister and the amalgamation proceedings, if any, are complete, and

                                       (b)    if a municipality receives a notice under section 116 of a proposed annexation of land, the municipality must not dispose of conservation reserve lying within the proposed annexation area until after the report under section 118 is submitted to the Municipal Government Board and the annexation proceedings, if any, are complete.

Removal of designation as conservation reserve

674.2(1)  A council may, after taking into consideration the representations made at a public hearing under section 674.1(3), direct a designated officer to notify the Registrar that the provisions of this Division have been complied with and request the Registrar to remove the designation of conservation reserve.

(2)  If the Registrar is satisfied that this Part has been complied with, the Registrar must remove the designation in accordance with the request made under subsection (1).

(3)  On removal of the designation, the municipality may sell, lease or otherwise dispose of the land, but the proceeds from the sale, lease or other disposition may be used only for the purpose of enabling the municipality to protect and conserve land that, in the opinion of council, has environmentally significant features or for a matter connected to that purpose.

(21)  Section 131(b) is amended in the new section 694(4) by adding the following after clause (d):

                           (e)    respecting transportation infrastructure to connect, or to improve the connection of, municipal roads to provincial highways resulting from a subdivision or development;

                            (f)    respecting intermunicipal off‑site levies.

(22)  Section 134 is amended

                            (a)    by adding the following after the new section 708.32:

Participation by Indian bands and Metis settlements

708.321   Municipalities that are parties to a framework may invite an Indian band or Metis settlement to participate in the delivery and funding of services to be provided under the framework.

                           (b)    in the new section 708.41(2) by striking out “municipalities’ equalized assessments” and substituting “municipalities”.

(23)  Section 138 is repealed.

Municipal Government
Amendment Act, 2015

Amends SA 2015 c8

3(1)  The Municipal Government Amendment Act, 2015 is amended by this section.

(2)  Section 56 is amended

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

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

                                       (c)    given by a method provided for in a bylaw under section 606.1.

                           (b)    by repealing clause (b).

(3)  Section 57 is amended

                            (a)    in the new section 606.1(4) by striking out “section 606(2)(a), (b) or (c)” and substituting “section 606(2)(a) or (b)”;

                           (b)    in the new section 606.1(6) by striking out “advertised” and substituting “made available for public inspection”.

(4)  Section 61 is amended in the new section 627.1(3) by striking out “a person who holds an appointment as a designated officer under section 455” and substituting “a person who holds an appointment as a clerk under section 456”.

(5)  Section 79(a), (b), (c), (e), (h), (i) and (j) are repealed.

Local Authorities
Election Act

Amends RSA 2000 cL‑21

4(1)   The Local Authorities Election Act is amended by this section.

(2)  Section 27(1) is amended by striking out “and” at the end of clause (a.1), by adding “and” at the end of clause (b) and by adding the following after clause (b):

                           (c)    that the person will read and comply with the municipality’s code of conduct if elected,

Transitional Regulations and
Coming into Force

Transitional — regulations

5    The Lieutenant Governor in Council may make regulations providing for the transitional operation of the amendments to the Municipal Government Act made by this Act and by the Modernized Municipal Government Act, including, without limitation, regulations modifying or suspending the operation of one or more provisions of the Municipal Government Act during the period specified in the regulations.

6(1)  Section 1, except subsections (31), (32), (33), (34), (36), (37), (51) and (54), comes into force on Proclamation.

(2)  Section 1(31) is deemed to have come into force on May 31, 2016.

(3)  Section 1(36) comes into force on July 1, 2017.

(4)  Section 4 comes into force on October 1, 2018.