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MUNICIPAL GOVERNMENT ACT
Chapter M‑26
Table of Contents
1 Interpretation
2 Application of Act
Part 1
Purposes, Powers and Capacity of Municipalities
3 Municipal purposes
4 Corporation
5 Powers, duties and functions
6 Natural person powers
Part 2
Bylaws
Division 1
General Jurisdiction
7 General jurisdiction to pass bylaws
8 Powers under bylaws
9 Guides to interpreting power to pass bylaws
10 Bylaw passing powers in other enactments
11 Relationship to natural person powers
Division 2
Scope of Bylaws
12 Geographic area of bylaws
13 Relationship to Provincial law
Part 3
Special Municipal Powers and Limits
on Municipal Powers
Division 1
Expropriation
14 Expropriation powers
15 Expropriating part of a parcel
Division 2
Roads
16 Title to roads
17 Disposal of estate or interest in roads
18 Control of roads
19 Rocky Mountains Forest Reserve
20 Specialized municipalities
21 Land abutting roads
22 Road closure
23 Compensation
24 Closure of unnecessary road
25 Temporary road closure
26 Temporary roads and rights of way
27 Leases
27.1 Forestry roads
27.2 Forestry road agreement
27.3 Fees charged to other users
27.4 Failure to maintain road
27.5 Unauthorized commercial or industrial use
27.6 Existing agreements
Division 3
Public Utilities
General
28 Definitions
28.1 Interpretation
29 Composition of system or works
30 Long‑term supply agreements to public utilities
31 Regulation of gas supply obtained from direct sellers
32 Other authorizations and approvals
Municipal Public Utilities
33 Prohibiting other public utilities
33.1 Exception
34 Duty to supply utility service
35 Parcels adjacent to roads and easements
36 Right of entry - main lines
37 Service connections - owner
38 Service connections - municipality
39 Restoration and costs
40 Buildings
41 Discontinue providing public utility
42 Liability for public utilities charges
43 Appeal
44 Dispute with other municipalities
Non‑municipal Public Utilities
45 Granting rights to provide utility service
45.1 Exception
46 Prohibiting other non‑municipal public utilities
46.1 Exception
47 Renewals
47.1 EPCOR Water Services Inc.
Division 5
Business Revitalization Zones
50 Purpose
51 Board
52 Civil liability of board members
53 Regulations
Division 6
Miscellaneous Powers
54 Providing services in other areas
55 Sharing taxes and grants
56 Civic holidays
57 Census
58 Road names
59 Hamlets
60 Water bodies
61 Granting rights over property
62 Acquiring land for roads
Division 7
Revision and Consolidation of Bylaws
63 Revision authorized
64 Bylaw adopting revised bylaws
65 Requirements relating to substituted bylaws
66 Effects of revised bylaws
67 References to repealed bylaws
68 Mistakes made during revision
69 Consolidation of bylaws
Division 8
Limits on Municipal Powers
70 Disposal of land
71 Mines and minerals
72 Acquisition of land outside municipal boundaries
73 Control of profit corporations
74 Firearms
75 Forest and Prairie Protection Act
Part 4
Formation, Fundamental Changes and Dissolution
Division 1
General Criteria
76 Principles, standards and criteria
Division 2
Formation
77 Types of municipality that may be formed
78 Municipal district
80 Village
81 Town
82 City
83 Specialized municipality
84 Modification of requirements
85 Initiating formation
86 Factors to be considered
87 Public input
88 Formation order
89 Contents of order
89.1 Summer village
90 Official administrator
Division 3
Change of Status
91 Meaning of change of status
91.1 Summer village
92 Application of formation rules
93 Initiation of change of status
94 Public input
95 Consideration of principles
96 Change of status order
97 Contents of order
97.2 Effect of change of status
Division 4
Change of Name
98 Change of name order
99 Effect of change of name
Division 5
Amalgamation
100 Application
101 Restriction on amalgamation
102 Initiation of amalgamation proceedings
103 Initiation by municipal authority
104 Direct negotiations
105 Report on negotiations
106 Disposition of report
107 Initiation by Minister
108 Notice by Minister
109 Consideration of principles
110 Amalgamation order
111 Contents of order
112 Official administrator
Division 6
Annexation
112.1 Mediation
113 Application
114 Restriction on annexation
115 Annexations of same land
116 Initiation of annexation
117 Direct negotiations
118 Report on negotiations
119 Disposition of report
120 General agreement on proposed annexation
121 No general agreement on proposed annexation
122 Notice of hearing and costs
123 Board’s report
124 Contents of report
125 Annexation order
126 Annexation order without report
127 Contents of order
127.1 Public utilities
128 Annexation refused
Division 7
Dissolution
129 Application
130 Dissolution study
131 Requirements before completing study
132 Vote on dissolution
133 Dissolution order
134 Tax
Division 8
General Provisions
135 Effect of certain orders
136 Power to effectuate transfer of land and other property
137 Transitional and other matters
138 Retroactivity of orders
139 Orders published
140 Regulations Act
141 Location of boundaries
Part 5
Councils, Councillors and Council Committees
Division 1
Councils and Council Committees
142 Councils as governing bodies
143 Number of councillors for municipalities
144 Bylaw changing number of councillors
145 Bylaws - council and council committees
146 Composition of council committees
Division 2
Elections, Appointments and Ward System
147 Election of councillors
148 Division of municipality into wards
149 Passing bylaw
150 Election or appointment of chief elected official
151 Passing bylaw
152 Deputy and acting chief elected officials
Division 3
Duties, Titles and Oaths of Councillors
153 General duties of councillors
154 General duties of chief elected official
155 Titles of chief elected official and other councillors
156 Taking of oath
Division 4
Term of Office
157 Local Authorities Election Act
158 Extension of term
159 Appointed chief elected officials
Division 5
Vacancies and Quorum
160 Positions unfilled at general election
161 Resignation
162 Vacancy in position of councillor
163 Chief elected official (elected) vacancy
164 Chief elected official (appointed) vacancy
165 Election day
166 Minister orders by-election
167 Quorum
168 No quorum
Division 6
Pecuniary Interest of Councillors
169 Definitions
170 Pecuniary interest
171 Bylaw requiring statement of disclosure
172 Disclosure of pecuniary interest
173 Effect of pecuniary interest on agreements
Division 7
Disqualification of Councillors
174 Reasons for disqualification
Division 8
Enforcement of Disqualification
175 Resignation on disqualification
176 Decision on disqualification application
177 Inadvertence or genuine error
178 Appeal
179 Reimbursement of costs and expenses
Division 9
Council Proceedings
Requirements for Valid Action
180 Methods in which council may act
181 Requirements for valid bylaw or resolution
Voting
182 Restriction to one vote per person
183 Requirement to vote and abstentions
184 Abstention from voting on matter discussed at public hearing
185 Recording of votes
185.1 Secret ballot
186 Tied vote
Passing a Bylaw
187 Bylaw readings
188 Rescission of previous bylaw readings
189 Passing of bylaw
190 Coming into force
191 Amendment and repeal
Meetings
192 Organizational meetings
193 Regular council meetings
194 Special council meetings
195 Council committee meetings
196 Method of giving notice
197 Public presence at meetings
198 Right of public to be present
199 Meeting through electronic communications
200 Power to require taking of oath
Part 6
Municipal Organization and Administration
201 Council’s principal role in municipal organization
202 Exercise of certain powers and duties
203 Delegation by council
204 Municipal office
205 Establishment of chief administrative officer
205.1 Performance evaluation
206 Appointment, suspension and revocation
207 Chief administrative officer’s responsibilities
208 Performance of major administrative duties
209 Delegation by chief administrative officer
210 Designated officers
211 Revocation
212 Delegation by designated officer
212.1 Fidelity bond
213 Signing or authorization of municipal documents
214 Destruction of records
215 Prohibition of certain agreements with employees
Part 7
Public Participation
217 What information must a municipality provide
Petitions
219 Rules for petitions
220 CAO duties
221 Petition sufficiency requirements
222 Who can petition
223 Number of petitioners
224 Other requirements for a petition
225 Counting petitioners
226 Report on sufficiency of petition
Meetings with the Public
227 Advertising
228 Improper conduct
229 Petition for meeting
Public Hearings
230 When to hold public hearing
Petitions for Vote of
the Electors -
Advertised Bylaws and Resolutions
231 Petition for vote on advertised bylaws and resolutions
Petitions for Vote of
the Electors -
New Bylaws
232 Petition for bylaw
233 Council’s duty on receiving certain petition
234 Petitions respecting public vote bylaws
235 Result of a vote on a question
Vote of the Electors ‑ General Provisions
236 Electors to vote on a question
237 Local Authorities Election Act
238 Delaying votes
239 One year moratorium on similar subject‑matter
240 Amendments or repeal of bylaws or
resolutions
voted on by electors
Part 8
Financial Administration
241 Definitions
Budgets
242 Adoption of operating budget
243 Contents of operating budget
244 Deficiency
245 Adoption of capital budget
246 Contents of capital budget
247 Tax bylaws
248 Expenditure of money
249 Civil liability of councillors
Investments
250 Authorized investments
Borrowing
251 Borrowing bylaw
252 Debt limit
253 Use of borrowed money
254 Capital property
255 Exemption from borrowing conditions
256 Operating expenditures
257 Capital property - short‑term borrowing
258 Capital property - long‑term borrowing
259 Capital property - interim financing
260 Special works
261 Refinancing
262 Services or activities that are funded by agreement
263 Local improvements
Loans and Guarantees
264 Purpose of loans and guarantees
265 Loan bylaws
266 Guarantee bylaw
268 Debt limit
General Matters
269 Financial year
270 Municipal accounts
271 Regulations
272 Seal and signatures
273 Validity of borrowings, loans and guarantees
274 Application of money borrowed
275 Civil liability of councillors
275.1 Expense allowance
Annual Financial Statements and Auditor’s Report
276 Annual financial statements
277 Financial information return
278 Returns and reports to Minister
279 Financial statements for controlled corporations
280 Auditors
281 Auditor’s reports
282 Auditor appointed by Minister
283 Access to information by auditors
Part 9
Assessment of Property
284 Interpretation provisions for Parts 9 to 12
Division 1
Preparation of Assessments
285 Preparing annual assessments
289 Assessments for property other than linear property
290 Land to be assessed as a parcel
290.1 Assessment of condominium unit
290.2 Assessment of strata space
291 Rules for assessing improvements
292 Assessments for linear property
293 Duties of assessors
294 Right to enter on and inspect property
295 Duty to provide information
296 Court authorized inspection and enforcement
297 Assigning assessment classes to property
298 Non‑assessable property
299 Access to assessment record
300 Access to summary of assessment
301 Right to release assessment information
301.1 Relationship to Freedom of Information
and Protection
of Privacy Act
Division 2
Assessment Roll
302 Preparation of roll
303 Contents of roll
304 Recording assessed persons
305 Correction of roll
305.1 Report to Minister
306 Severability of roll
307 Inspection of roll
Division 3
Assessment Notices
308 Assessment notices
309 Contents of assessment notice
310 Sending assessment notices
311 Publication of notice
312 Correction of notice
Division 4
Preparation of Supplementary Assessments
313 Bylaw
314 Supplementary assessment
315 Supplementary assessment roll
316 Supplementary assessment notices
Division 5
Equalized Assessments
317 Definition
317.1 Supplementary assessments
318 Preparation of equalized assessments
319 Duty to provide information
320 Sending equalized assessments to municipalities
321 Appeal of equalized assessment
Division 6
General Powers of the Minister Relating to Assessments and Equalized
Assessments
322 Regulations
322.1 Validation of Minister’s Guidelines
323 Minister’s power to prepare assessments
324 Minister’s power to quash assessments
325 Minister’s power to alter an equalized assessment
Part 10
Taxation
Division 1
General Provisions
326 Definitions
327 Tax roll
328 Duty to provide information
329 Contents of tax roll
330 Correction of roll
331 Person liable to pay taxes
332 Taxes imposed on January 1
333 Tax notices
333.1 Tax agreements
334 Contents of tax notice
335 Sending tax notices
336 Certification of date of sending tax notice
337 Deemed receipt of tax notice
338 Correction of tax notice
339 Incentives
340 Instalments
341 Deemed receipt of tax payment
342 Receipt for payment of taxes
343 Application of tax payment
344 Penalty for non‑payment in current year
345 Penalty for non‑payment in other years
346 Penalties
347 Cancellation, reduction, refund or deferral of taxes
348 Tax becomes debt to municipality
349 Fire insurance proceeds
350 Tax certificates
351 Non‑taxable property
352 Limitation on time for starting proceedings
Division 2
Property Tax
353 Property tax bylaw
354 Tax rates
355 Calculating tax rates
356 Calculating amount of tax
357 Special provision of property tax bylaw
358 Tax rate for linear property
359 Requisitions
359.1 Alberta School Foundation Fund requisitions
359.2 School board requisitions
360 Tax agreement
361 Exemptions based on use of property
362 Exemptions for Government, churches and other bodies
363 Exempt property that can be made taxable
364 Exemptions granted by bylaw
365 Licensed premises
366 Grants in place of taxes
367 Property that is partly exempt and partly taxable
368 Changes in taxable status of property
369 Supplementary property tax bylaw
370 Regulations
Division 3
Business Tax
371 Business tax bylaw
372 Taxable business
373 Person liable to pay business tax
374 Contents of business tax bylaw
374.1 Assessment not required
375 Exempt businesses
376 Exemption when tax is payable under Division 2
377 Business tax rate bylaw
378 Calculating amount of tax
379 Supplementary business tax bylaw
380 Grants in place of taxes
Division 4
Business Revitalization Zone Tax
381 Regulations
Division 4.1
Community Revitalization Levy
381.1 Definitions
381.2 Community revitalization levy bylaw
381.3 Person liable to pay levy
381.4 Incremental assessed value not subject to
equalized
assessment or requisition
381.5 Regulations
Division 5
Special Tax
382 Special tax bylaw
383 Taxable property
384 Contents of special tax bylaw
385 Condition
386 Use of revenue
387 Person liable to pay special tax
Division 6
Well Drilling Equipment Tax
388 Well drilling equipment tax bylaw
389 Person liable to pay the tax
390 Calculation of the tax
Division 7
Local Improvement Tax
391 Definition
392 Petitioning rules
393 Proposal of local improvement
394 Local improvement plan
395 Contents of plan
396 Procedure after plan is prepared
397 Local improvement tax bylaw
398 Contents of bylaw
399 Start‑up of a local improvement
400 Person liable to pay local improvement tax
401 Paying off a local improvement tax
402 Variation of local improvement tax bylaw
403 Variation of local improvement tax rate
404 Unusual parcels
405 Municipality’s share of the cost
406 Land required for local improvement
407 Exemption from local improvement tax
408 Sewers
409 Private connection to a local improvement
Division 7.1
Community Aggregate Payment Levy
409.1 Community aggregate payment levy bylaw
409.2 Person liable to pay levy
409.3 Regulations
Division 8
Recovery of Taxes Related to Land
410 Definitions
411 Methods of recovering taxes in arrears
412 Tax arrears list
413 Tax recovery notification
414 Removal of improvements
415 Right to pay tax arrears
416 Right to collect rent to pay tax arrears
417 Warning of sale
418 Offer of parcel for sale
419 Reserve bid and conditions of sale
420 Right to possession
421 Advertisement of public auction
422 Adjournment of auction
423 Right to a clear title
424 Transfer of parcel to municipality
425 Right to dispose of parcel
425.1 Minister’s authority to transfer parcel
426 Revival of title on payment of arrears
427 Separate account for sale proceeds
428 Distribution of surplus sale proceeds
428.1 Payment of undistributed money to municipality
428.2 Transfer to municipality after 15 years
429 Prohibited bidding and buying
429.1 Right to place tax arrears on new parcels of land
430 Minerals
431 Acquisition of minerals
432 Right of way
433 When parcel becomes part of another municipality
434 Non‑liability for condition of land
434.1 Action for condition of land prohibited
435 Continuation of proceedings
436 Deemed compliance with Act
Division 8.1
Recovery of Taxes Related to
Designated Manufactured Homes
436.01 Definitions
436.02 Methods of recovering taxes in arrears
436.03 Tax arrears list
436.04 Costs of recovery
436.05 Removal of designated manufactured home or improvements
436.06 Right to pay tax arrears
436.07 Right to collect rent to pay tax arrears
436.08 Warning of sale
436.09 Offer of designated manufactured home for sale
436.1 Reserve bid and conditions for sale
436.11 Right to possession
436.12 Advertisement of public auction
436.13 Adjournment of auction
436.14 Unencumbered ownership
436.15 Right to sell or dispose of designated manufactured home
436.16 Payment of tax arrears
436.17 Separate account for sale proceeds
436.18 Distribution of surplus sale proceeds
436.19 Payment of undistributed money to municipality
436.2 Transfer to municipality after 10 years
436.21 Prohibited bidding and buying
436.22 Manufactured home moved to another municipality
436.23 Regulations
436.24 Reporting requirements
Division 9
Recovery of Taxes Not Related to Land
437 Definitions
438 Methods of recovering taxes in arrears
439 Right to issue distress warrant
440 Seizure of goods
441 Goods affected by distress warrant
442 Date for issuing distress warrant
443 Right to pay tax arrears
444 Right to collect rent to pay tax arrears
445 Sale of property
446 Date of public auction
447 Exception to sale at auction
448 Transfer to municipality
449 Separate account for sale proceeds
450 Distribution of surplus sale proceeds
451 Seizure of designated manufactured home
452 Regulations
Part 11
Assessment Review Boards
Division 1
Establishment and Function of Assessment Review Boards
453 Definitions
454 Assessment review boards established
455 Clerk
456 Joint establishment of assessment review boards
457 Acting members
458 Quorum
459 Decision
460 Complaints
461 Address to which a complaint is sent
462 Notice of assessment review board hearing
463 Absence from hearing
464 Proceedings before assessment review board
465 Notice to attend or produce
466 Protection of witnesses
Division 2
Decisions of Assessment Review Boards
467 Decisions of assessment review board
468 Time for making decisions
469 Notice of decision
470 Appeal
471 Technical irregularities
Division 4
General Matters
477 Required changes to rolls
478 Right to continue proceedings
479 Obligation to pay taxes
480 Prohibition
481 Fees
482 Admissible evidence at hearing
483 Decision admissible on appeal
484 Immunity
484.1 Regulations
Part 12
Municipal Government Board
485 Definitions
Division 1
Establishment and Jurisdiction of the
Municipal Government Board
486 Appointment of Board members
487 Panels of the Board
488 Jurisdiction of the Board
488.01 ALSA regional plans
488.1 Limit on Board’s jurisdiction
489 Quorum
490 Decision
Division 2
Hearings Before the Board
491 Written statement
492 Complaints about linear property
493 Duty of administrator on receiving statement
494 Notice of hearing before the Board
495 Absence from hearing
496 Proceedings before the Board
497 Notice to attend or produce
498 Protection of witnesses
499 Decisions of the Board
500 Time for making decisions
501 Costs of proceedings
502 Effect of decision relating to costs
503 Extension of time
504 Rehearing
505 Notice of decision
506 Decision final
507 Technical irregularities
508 Intervention by municipality
Division 4
Inquiries by the Board
514 Referrals to the Board
515 Report
Division 5
General Matters
516 Referral of unfair assessment to Minister
517 Required changes to rolls
518 Right to continue proceedings
519 Obligation to pay taxes
520 Prohibition
521 Power of Board re contempt
522 Fees
523 Rules re procedures
524 Powers of the Board
525 Admissible evidence at hearing
526 Decision admissible on judicial review
527 Immunity
527.1 Regulations
Part 13
Liability of Municipalities, Enforcement of Municipal Law and Other Legal
Matters
Division 1
Liability of Municipalities
527.2 Acting in accordance with statutory authority
528 Non-negligence actions
529 Exercise of discretion
530 Inspections and maintenance
531 Snow on roads
532 Repair of roads, public places and public works
533 Things on or adjacent to roads
534 Public works affecting land
Division 2
Liability of Councillors and Others
535 Protection of councillors and municipal officers
535.1 Protection of sporting commissions
Division 3
Challenging Bylaws and Resolutions
536 Application to the Court of Queen’s Bench
537 Procedure
538 Validity relating to public participation
539 Reasonableness
540 Effect of councillor being disqualified
Division 4
Enforcement of Municipal Law
541 Definitions
542 Municipal inspections and enforcement
543 Court authorized inspections and enforcement
544 Inspecting meters
545 Order to remedy contraventions
546 Order to remedy dangers and unsightly property
546.1 Caveat
547 Review by council
548 Appeal to Court of Queen’s Bench
549 Municipality remedying contraventions
550 Municipality remedying dangers and unsightly property
551 Emergencies
552 Recovery of amounts owing by civil action
553 Adding amounts owing to tax roll
553.1 Adding amounts owing to property tax roll
553.2 Adding amounts owing to business tax roll
554 Injunction
554.1 Municipality’s costs in actions
555 Bylaw enforcement officers
556 Powers and duties of bylaw enforcement officers
Division 5
Offences and Penalties
557 General offences
558 Offences applicable to officials
559 Unauthorized use of heraldic emblems
560 Documents used to enforce bylaws
562 Obstructing construction of public work or utilities
563 Stop‑cock
564 Operating a business without a licence
565 Prosecutions
566 Penalty
567 Order for compliance
568 Fines and penalties
569 Civil liability not affected
Part 14
General Ministerial Powers
570 Intermunicipal disagreements
570.01 Measures to ensure compliance with ALSA regional plans
570.1 Information
571 Inspection
572 Inquiry
573 Bank accounts
574 Directions and dismissal
575 Official administrator as supervisor
576 Remuneration for official administrator
577 Providing Minister with copies and information
578 Delegation
579 Fees
580 Regulations
Part 15
Improvement Districts
581 Formation order
582 Contents of order
583 Changes to improvement districts
584 Orders published
585 Regulations Act
586 Application of other enactments
587 General power of Minister
588 Council
588.1 Expense allowance
589 Delegation by Minister
590 Hamlets
591 Employees
592 Roads
593 Estimate of expenditures
594 Machinery and equipment and linear property
595 Trust account for revenue
596 Expenditures
597 Public accounts
598 Settlement of accounts
599 Investments
600 Borrowing
601 Acquisition of land
602 Agreements for services
Part 15.1
Regional Services Commissions
602.01 Interpretation
Division 1
Establishment and Operation
602.02 Establishing commissions
602.021 Compliance with ALSA regional plans
602.03 Corporation
602.04 Board of directors
602.05 Directors representing Province
602.06 Delegation
602.07 Bylaws
602.08 Meetings
602.09 Control of profit corporations
Division 2
Powers
602.1 Natural person powers
602.11 Service area
602.12 Traffic Safety Act
602.125 Acquisition of land in adjoining province or territory
602.13 Expropriation
602.14 Public utility disputes
602.15 Other disputes
602.16 Order
Division 3
Financial Matters
602.17 Payments to board
602.18 Financial year
602.19 Operating budget
602.2 Contents of operating budget
602.21 Deficiency
602.22 Capital budget
602.23 Contents of capital budget
602.24 Expenditure of money
602.25 Civil liability of directors
602.26 Authorized investments
602.27 Use of borrowed money
602.28 Borrowing
602.29 Debt limit regulations
602.3 Civil liability of directors
602.31 Loans and guarantees
602.32 Financial information return
602.33 Audited financial statements
602.34 Distribution of returns and statements
Division 4
Minister’s Powers
602.35 Inspection
602.36 Directions and dismissal
602.37 Official administrator as supervisor
602.38 Remuneration for official administrator
602.381 Providing Minister with copies and information
602.39 Application of provisions outside this Part
602.4 Disestablishing a commission
Division 5
Transitional
602.5 Transitional regulations
Part 16
Miscellaneous
603 Lieutenant Governor in Council regulations
604 Ministerial regulations
605 Altering dates and time periods
606 Requirements for advertising
607 Service of documents
608 Sending documents
609 Adverse possession of land
610 Lost or unclaimed property
611 Unclaimed utility deposits
612 Certified copies
613 Calgary Charter
615 Crowsnest Pass
Part 17
Planning and Development
616 Definitions
617 Purpose of this Part
618 Non‑application of this Part
618.1 Exemption
Division 1
Other Authorizations, Compensation
619 NRCB, ERCB, AEUB or AUC authorizations
620 Conditions prevail
621 Compensation
Division 2
Land Use Policies
622 Land use policies
Division 3
Planning Authorities
623 Subdivision authority
624 Development authority
625 Intermunicipal service agency
626 Municipal planning commission
627,628 Appeal board established
629 Appeal board evidence
630 Signature evidence
630.1 Fees
630.2 Compliance with ALSA regional plans
Division 4
Statutory Plans
Intermunicipal Development Plans
631 Intermunicipal development plan
631.1 Order for intermunicipal development plan
Municipal Development Plans
632 Municipal development plan
Area Structure Plans
633 Area structure plan
Area Redevelopment Plans
634 Area redevelopment plans
635 Plan contents
General Provisions
636 Statutory plan preparation
637 Effect of plans
638 Plans consistent
638.1 Conflict with ALSA regional plans
Division 5
Land Use
639 Land use bylaw
639.1 Protection of agricultural operations
640 Land use bylaw
641 Designation of direct control districts
642 Permitted and discretionary uses
643 Non‑conforming use and non‑conforming buildings
644 Acquisition of land designated for public use
645 Stop order
646 Enforcement of stop order
Division 6
Development Levies and Conditions
647 Redevelopment levies
648 Off‑site levy
649 Levy bylaws
650 Condition of issuing development permit
651 Agreements re oversize improvements
651.1 Restrictive covenant
651.2 Encroachment agreements
Division 7
Subdivision of Land
652 Subdivision approval required
653 Application for subdivision approval
654 Approval of application
655 Conditions of subdivision approval
656 Decision
657 Subdivision registration
658 Cancellation of plan of subdivision
659 Collection of taxes
660 Cancellation registered
Division 8
Reserve Land, Land for Roads and Utilities
661 Land dedication
662 Roads, utilities, etc.
663 Reserves not required
664 Environmental reserve
665 Designation of municipal land
666 Municipal and school reserves
667 Money in place of municipal, school reserve
668 Additional municipal and school reserve
669 Deferment of municipal and school reserves
670 Allocation of municipal and school reserve
Division 9
Use and Disposal of Reserve Land
671 Use of reserve land, money
672 School reserve transfers to municipality
673 Transfer to school authority
674 Disposal of municipal and school reserve
675 Removal of designation as municipal reserve
676 Changes to environmental reserve’s use or boundaries
677 Road, etc., over reserve land
Division 10
Subdivision and Development Appeals
Subdivision Appeals
678 Appeals
679 Notice of hearing
680 Hearing and decision
681 Failure to make decision
682 Endorsement of subdivision plan
Development Appeals
683 Permit
684 Permit deemed refused
685 Grounds for appeal
686 Appeals
687 Hearing and decision
Court of Appeal
688 Law, jurisdiction appeals
689 Decision on appeal
Division 11
Intermunicipal Disputes
690 Intermunicipal disputes
691 Board hearing
Division 12
Bylaws, Regulations
692 Planning bylaws
693 Airport vicinity regulations
694 Regulations
Division 13
Transitional
697 Zoning caveat
Part 18
Transitional Provisions
710 Transitional regulations
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Interpretation
1(1) In this Act,
(a) “business” means
(i) a commercial, merchandising or industrial activity or undertaking,
(ii) a profession, trade, occupation, calling or employment, or
(iii) an activity providing goods or services,
whether or not for profit and however organized or formed, including a co‑operative or association of persons;
(b) “by‑election” means an election to fill a vacancy on a council other than at a general election;
(c) “chief administrative officer” means a person appointed to a position under section 205;
(d) “chief elected official” means the person elected or appointed as chief elected official under section 150;
(e) “council” means
(i) the council of a city, town, village, summer village, municipal district or specialized municipality,
(ii) repealed 1995 c24 s2,
(iii) the council of a town under the Parks Towns Act, or
(iv) the council of a municipality incorporated by a special Act;
(f) “council committee” means a committee, board or other body established by a council under this Act;
(g) “councillor” includes the chief elected official;
(h) “designated officer” means a person appointed to a position established under section 210(1);
(i) “elector” means a person who is eligible to vote in the election for a councillor under the Local Authorities Election Act;
(j) “enactment” means
(i) an Act of the Legislature of Alberta and a regulation made under an Act of the Legislature of Alberta, and
(ii) an Act of the Parliament of Canada and a statutory instrument made under an Act of the Parliament of Canada,
but does not include a bylaw made by a council;
(k) “general election” means an election held to fill vacancies on council caused by the passage of time, and includes a first election;
(l) “Land Compensation Board” means the Land Compensation Board established under the Expropriation Act;
(m) “local authority” means
(i) a municipal authority,
(ii) a regional health authority under the Regional Health Authorities Act,
(iii) a regional services commission, and
(iv) the board of trustees of a district or division as defined in the School Act;
(n) “market value” means the amount that a property, as defined in section 284(1)(r), might be expected to realize if it is sold on the open market by a willing seller to a willing buyer;
(o) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;
(p) “municipal authority” means a municipality, improvement district and special area and, if the context requires, in the case of an improvement district and special area,
(i) the geographical area of the improvement district or special area, or
(ii) the Minister, where the improvement district or special area is authorized or required to act;
(q) “Municipal Government Board” means the Municipal Government Board established under Part 12, and includes any panel of the Board;
(r) “municipal purposes” means the purposes set out in section 3;
(s) “municipality” means
(i) a city, town, village, summer village, municipal district or specialized municipality,
(ii) repealed 1995 c24 s2,
(iii) a town under the Parks Towns Act, or
(iv) a municipality formed by special Act,
or, if the context requires, the geographical area within the boundaries of a municipality described in subclauses (i) to (iii);
(t) “natural person powers” means the capacity, rights, powers and privileges of a natural person;
(u) “owner” means
(i) in respect of unpatented land, the Crown,
(ii) in respect of other land, the person who is registered under the Land Titles Act as the owner of the fee simple estate in the land, and
(iii) in respect of any property other than land, the person in lawful possession of it;
(v) “parcel of land” means
(i) where there has been a subdivision, any lot or block shown on a plan of subdivision that has been registered in a land titles office;
(ii) where a building affixed to the land that would without special mention be transferred by a transfer of land has been erected on 2 or more lots or blocks shown on a plan of subdivision that has been registered in a land titles office, all those lots or blocks;
(iii) a quarter section of land according to the system of surveys under the Surveys Act or any other area of land described on a certificate of title;
(w) “pecuniary interest” means pecuniary interest within the meaning of Part 5, Division 6;
(x) “population” means population as defined and determined in accordance with the regulations;
(y) “public utility” means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use:
(i) water or steam;
(ii) sewage disposal;
(iii) public transportation operated by or on behalf of the municipality;
(iv) irrigation;
(v) drainage;
(vi) fuel;
(vii) electric power;
(viii) heat;
(ix) waste management;
(x) residential and commercial street lighting,
and includes the thing that is provided for public consumption, benefit, convenience or use;
(y.1) “regional services commission” means a regional services commission under Part 15.1;
(z) “road” means land
(i) shown as a road on a plan of survey that has been filed or registered in a land titles office, or
(ii) used as a public road,
and includes a bridge forming part of a public road and any structure incidental to a public road;
(aa) “tax” means
(i) a property tax,
(ii) a business tax,
(iii) a business revitalization zone tax,
(iii.1) a community revitalization levy,
(iv) a special tax,
(v) a well drilling equipment tax,
(vi) a local improvement tax, and
(vii) a community aggregate payment levy;
(bb) “taxpayer” means a person liable to pay a tax;
(cc) “whole council” means
(i) all of the councillors that comprise the council under section 143,
(ii) if there is a vacancy on council and the council is not required to hold a by‑election under section 162 or 163, the remaining councillors, or
(iii) if there is a vacancy on council and the Minister orders that the remaining councillors constitute a quorum under section 160 or 168, the remaining councillors.
(2) For the purposes of this Act, a municipality or group of municipalities controls a corporation if
(a) the municipality or group of municipalities hold, other than by way of security only, securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation and, if exercised, are sufficient to elect a majority of the directors of the corporation, or
(b) all or a majority of its members or directors are appointed by the municipality or group of municipalities.
RSA 2000 cM‑26 s1;2005 c14 s2
Application of Act
2(1) This Act applies to all municipalities and improvement districts.
(2) If there is an inconsistency between this Act and
(a) repealed 1995 c24 s3,
(b) the Parks Towns Act, or
(c) a special Act forming a municipality,
the other Act prevails.
1994 cM‑26.1 s2;1995 c24 s3
Part 1
Purposes, Powers and Capacity
of Municipalities
Municipal purposes
3 The purposes of a municipality are
(a) to provide good government,
(b) to provide services, facilities or other things that, in the opinion of council, are necessary or desirable for all or a part of the municipality, and
(c) to develop and maintain safe and viable communities.
1994 cM‑26.1 s3
Corporation
4 A municipality is a corporation.
1994 cM‑26.1 s4
Powers, duties and functions
5 A municipality
(a) has the powers given to it by this and other enactments,
(b) has the duties that are imposed on it by this and other enactments and those that the municipality imposes on itself as a matter of policy, and
(c) has the functions that are described in this and other enactments.
1994 cM‑26.1 s5
Natural person powers
6 A municipality has natural person powers, except to the extent that they are limited by this or any other enactment.
1994 cM‑26.1 s6
Part 2
Bylaws
Division 1
General Jurisdiction
General jurisdiction to pass bylaws
7 A council may pass bylaws for municipal purposes respecting the following matters:
(a) the safety, health and welfare of people and the protection of people and property;
(b) people, activities and things in, on or near a public place or place that is open to the public;
(c) nuisances, including unsightly property;
(d) transport and transportation systems;
(e) businesses, business activities and persons engaged in business;
(f) services provided by or on behalf of the municipality;
(g) public utilities;
(h) wild and domestic animals and activities in relation to them;
(i) the enforcement of bylaws made under this or any other enactment, including any or all of the following:
(i) the creation of offences;
(ii) for each offence, imposing a fine not exceeding $10 000 or imprisonment for not more than one year, or both;
(iii) providing for the imposition of a penalty for an offence that is in addition to a fine or imprisonment so long as the penalty relates to a fee, cost, rate, toll or charge that is associated with the conduct that gives rise to the offence;
(iv) providing that a specified penalty prescribed under section 44 of the Provincial Offences Procedure Act is reduced by a specified amount if the penalty is paid within a specified time;
(v) providing for imprisonment for not more than one year for non‑payment of a fine or penalty;
(vi) providing that a person who contravenes a bylaw may pay an amount established by bylaw and if the amount is paid, the person will not be prosecuted for the contravention;
(vii) providing for inspections to determine if bylaws are being complied with;
(viii) remedying contraventions of bylaws.
1994 cM‑26.1 s7
Powers under bylaws
8 Without restricting section 7, a council may in a bylaw passed under this Division
(a) regulate or prohibit;
(b) deal with any development, activity, industry, business or thing in different ways, divide each of them into classes and deal with each class in different ways;
(c) provide for a system of licences, permits or approvals, including any or all of the following:
(i) establishing fees for licences, permits and approvals, including fees for licences, permits and approvals that may be in the nature of a reasonable tax for the activity authorized or for the purpose of raising revenue;
(ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the municipality;
(iii) prohibiting any development, activity, industry, business or thing until a licence, permit or approval has been granted;
(iv) providing that terms and conditions may be imposed on any licence, permit or approval, the nature of the terms and conditions and who may impose them;
(v) setting out the conditions that must be met before a licence, permit or approval is granted or renewed, the nature of the conditions and who may impose them;
(vi) providing for the duration of licences, permits and approvals and their suspension or cancellation for failure to comply with a term or condition or the bylaw or for any other reason specified in the bylaw;
(c.1) establish and specify the fees, rates, fares, tariffs or charges that may be charged for the hire of taxis or limousines;
(d) provide for an appeal, the body that is to decide the appeal and related matters.
1994 cM‑26.1 s8;1998 c24 s2
Guides to interpreting power to pass bylaws
9 The power to pass bylaws under this Division is stated in general terms to
(a) give broad authority to councils and to respect their right to govern municipalities in whatever way the councils consider appropriate, within the jurisdiction given to them under this or any other enactment, and
(b) enhance the ability of councils to respond to present and future issues in their municipalities.
1994 cM‑26.1 s9
Bylaw passing powers in other enactments
10(1) In this section, “specific bylaw passing power” means a municipality’s power or duty to pass a bylaw that is set out in an enactment other than this Division, but does not include a municipality’s natural person powers.
(2) If a bylaw could be passed under this Division and under a specific bylaw passing power, the bylaw passed under this Division is subject to any conditions contained in the specific bylaw passing power.
(3) If there is an inconsistency between a bylaw passed under this Division and one passed under a specific bylaw passing power, the bylaw passed under this Division is of no effect to the extent that it is inconsistent with the specific bylaw passing power.
1994 cM‑26.1 s10
Relationship to natural person powers
11(1) Despite section 180(2), a municipality may do something under its natural person powers even if the thing could be done under a bylaw passed under this Division.
(2) Section 7(i) does not apply to a bylaw passed under a municipality’s natural person powers.
1994 cM‑26.1 s11
Division 2
Scope of Bylaws
Geographic area of bylaws
12 A bylaw of a municipality applies only inside its boundaries unless
(a) one municipality agrees with another municipality that a bylaw passed by one municipality has effect inside the boundaries of the other municipality and the council of each municipality passes a bylaw approving the agreement, or
(b) this or any other enactment says that the bylaw applies outside the boundaries of the municipality.
1994 cM‑26.1 s12
Relationship to Provincial law
13 If there is an inconsistency between a bylaw and this or another enactment, the bylaw is of no effect to the extent of the inconsistency.
1994 cM‑26.1 s13
Part 3
Special Municipal Powers and Limits on Municipal Powers
Division 1
Expropriation
Expropriation powers
14(1) In this section, “organization” means any of the following organizations in which the municipality is a member or has acquired shares:
(a) a society under the Societies Act;
(b) an association registered under Part 9 of the Companies Act;
(c) a corporation under the Business Corporations Act that is a charity or operates for non‑profit purposes;
(d) a corporation that operates for the purpose of making a profit and that is controlled by one or more municipalities, if the control is in accordance with the regulations under section 73.
(2) If a council wants to acquire an estate or interest in land, inside or outside the municipality
(a) for a purpose authorized by an enactment,
(b) to carry out an area redevelopment plan under Part 17, whether undertaken by the municipality alone or in conjunction with another person,
(c) to improve land owned by the municipality,
(d) for the purpose of selling the land as building sites,
(e) to enable an organization to carry out a development as defined in Part 17 or a redevelopment, or
(f) for any other municipal purpose,
it may acquire the estate or interest in the land by expropriation under the Expropriation Act.
(3) No council may expropriate an estate or interest in mines or minerals.
(4) The expropriation of an estate or interest in land that is outside the municipality is subject to section 72.
(5) When the council is of the opinion that the municipality can obtain a more reasonable price or other advantage by acquiring the whole or a larger portion of any parcel of land of which a part may be expropriated by the municipality, the municipality may expropriate the whole or the larger portion of the parcel.
1994 cM‑26.1 s14;1995 c24 s4
Expropriating part of a parcel
15(1) If a municipality’s notice of intention to expropriate proposes to expropriate a portion of a parcel of land, the owner of the parcel may apply to the Land Compensation Board to direct the municipality to expropriate the whole of the parcel.
(2) The Land Compensation Board may direct the municipality to expropriate the whole of the parcel of land if, in the opinion of the Board, the expropriation of a part of the parcel is unfair to the owner of the parcel.
1994 cM‑26.1 s15
Division 2
Roads
Title to roads
16(1) The title to all roads in a municipality, other than a city, is vested in the Crown in right of Alberta.
(2) The title to all roads in a city is vested in the city unless another Act or agreement provides otherwise.
(3) Nothing in this section gives a city title to mines and minerals.
1994 cM‑26.1 s16
Disposal of estate or interest in roads
17(1) Subject to any other Act or agreement, the council of a city has the power and is deemed always to have had the power to dispose of an interest in a road in the city so long as the disposition does not amount to a sale or lease or require a road closure under section 22.
(2) No interest disposed of under subsection (1) may be registered in a land titles office.
1994 cM‑26.1 s17
Control of roads
18(1) Subject to this or any other Act, a municipality has the direction, control and management of all roads within the municipality.
(2) Subject to this or any other Act, a municipal district also has the direction, control and management of roads and road diversions surveyed for the purpose of opening a road allowance as a diversion from the road allowance on the south or west boundary of the district although the roads or road diversions are outside the boundaries of the municipal district.
(3) Nothing in this section gives a municipality the direction, control and management of mines and minerals.
1994 cM‑26.1 s18
Rocky Mountains Forest Reserve
19 In The Municipal District of Bighorn No. 8 and Clearwater County, the Minister of Infrastructure and Transportation has the direction, control and management of roads within the Rocky Mountains Forest Reserve constituted under the Forest Reserves Act.
RSA 2000 cM‑26 s19;2007 c16 s5
Specialized municipalities
20(1) The Minister of Infrastructure and Transportation has the direction, control and management of roads within a specialized municipality that has been formed in whole or in part from an improvement district.
(2) Despite subsection (1), the Minister of Infrastructure and Transportation and the council of the specialized municipality may enter into an agreement providing that all or part of the direction, control and management of roads within the specialized municipality may be exercised by the specialized municipality.
(3) If there is an agreement under subsection (2), the Minister of Infrastructure and Transportation may require that a specialized municipality pay for the cost of fulfilling the Minister’s responsibilities with respect to roads within the specialized municipality, and the specialized municipality must pay the amount of the requisition as soon as practicable after the requisition is made.
RSA 2000 cM‑26 s20;2007 c16 s5
Land abutting roads
21 If a municipality acquires land abutting a road intending that the land will become part of the road and, before the land is incorporated into the road, the municipality grants to an adjoining land owner a licence or permit to occupy the land, the land subject to the licence or permit is deemed to be part of the road.
1994 cM‑26.1 s21;1996 c30 s2
Road closure
22(1) No road in a municipality that is subject to the direction, control and management of the municipality may be closed except by bylaw.
(2) A bylaw closing a road must be advertised.
(3) A bylaw closing a road made by the council of a municipality that is not a city has no effect unless it is approved by the Minister of Infrastructure and Transportation before the bylaw receives second reading.
(4) Before passing a bylaw closing a road, a person who claims to be affected prejudicially by the bylaw or that person’s agent must be given an opportunity to be heard by the council.
RSA 2000 cM‑26 s22;2007 c16 s5
Compensation
23(1) Any person who occupies, owns or has an interest in land that sustains damages through the closing of a road by bylaw must be compensated for the damages.
(2) If the municipality is not able to agree with the claimant on the amount of compensation, the compensation must be determined by the Land Compensation Board.
1994 cM‑26.1 s23
Closure of unnecessary road
24 Despite section 22, the council of a municipal district may by resolution, with the approval of the Minister of Infrastructure and Transportation, close the whole or any part of a road described in a surveyed road plan that the council determines is no longer required for use by the travelling public owing to the existence of an alternate route.
RSA 2000 cM‑26 s24;2007 c16 s5
Temporary road closure
25 Despite section 22, a council by resolution or a designated officer if authorized by resolution of the council may temporarily close the whole or a part of a road at any time that a construction or maintenance project on or adjacent to the road may create a hazard.
1994 cM‑26.1 s25
Temporary roads and rights of way
26(1) In this section, “private land” means land that is not owned by the Crown in right of Alberta or of Canada or their agents.
(2) A council may by bylaw open a temporary road or a temporary right of way on private land.
(3) A temporary road or right of way established under this section may be kept open for not more than 2 years.
(4) The owner and occupant of land over which the temporary road or right of way passes are entitled to compensation from the municipality for the use of the temporary road or right of way and for loss or damage caused by the temporary road or right of way.
(5) If there is no agreement on compensation, the compensation must be decided by the Land Compensation Board.
(6) Section 22 does not apply to a temporary road or right of way established under this section.
1994 cM‑26.1 s26
Leases
27(1) This section applies to a portion of a road that is within a municipality and that is deemed to be closed because a Crown lease has been granted for the portion of the road.
(2) Subject to the rights of any lessee of any Crown lease referred to in subsection (1), the council of the municipality may by bylaw, reopen the whole or part of the portion of the road that was closed.
(3) If the whole or a part of a road is reopened, the council must send a copy of the bylaw to the Minister of Infrastructure and Transportation.
RSA 2000 cM‑26 s27;2007 c16 s5
Forestry roads
27.1(1) In this section and sections 27.2 to 27.5,
(a) “agreement holder” means the person who has entered into an agreement with a municipality under section 27.2;
(b) “former forestry road” means a road within a municipality that was formerly designated as a forestry road by the Minister of Infrastructure pursuant to section 14 of the Public Highways Development Act.
(2) No person may use a former forestry road for commercial or industrial purposes unless the person is authorized to use the road for a commercial or industrial purpose under an agreement referred to in section 27.2.
(3) Nothing in this section prevents a person from using a former forestry road for a purpose other than a commercial or industrial purpose.
1998 c24 s3
Forestry road agreement
27.2 A municipality may enter into an agreement with a person with respect to a former forestry road that
(a) authorizes the person to use the road for commercial and industrial purposes,
(b) authorizes the person
(i) to allow others to use the road for commercial or industrial purposes, and
(ii) to charge those others a fee for that use,
(c) requires the person to maintain the road according to specifications or standards referred to in the agreement and to be responsible for capital improvements to the road, and
(d) deals with any other matter concerning the road that the parties consider appropriate.
1998 c24 s3
Fees charged to other users
27.3(1) An agreement holder may not charge a person who uses a former forestry road for a commercial or industrial purpose an amount that exceeds a reasonable fee based on the increased maintenance and administrative costs of the agreement holder as a result of the person’s use of the road.
(2) If there is a dispute concerning the amount of the reasonable fee, the matter must be referred to the Minister, and the Minister or a person selected by the Minister must determine the amount of the fee.
(3) The decision of the Minister or the person selected by the Minister is final and binding.
1998 c24 s3
Failure to maintain road
27.4(1) If the agreement holder does not maintain the former forestry road in accordance with the agreement and the municipality incurs costs in maintaining the road, the costs incurred by the municipality are an amount owing by the agreement holder to the municipality.
(2) Repealed 1999 c11 s3.
1998 c24 s3;1999 c11 s3
Unauthorized commercial or industrial use
27.5(1) A person who contravenes section 27.1(2) is liable to pay to the agreement holder, for each day that the contravention occurs, 5% of the agreement holder’s cost of maintaining and adding capital improvements to the former forestry road in the calendar year preceding the contravention.
(2) The agreement holder may collect the amount the agreement holder is owed under subsection (1) by civil action for debt.
1998 c24 s3
Existing agreements
27.6 Where an order designating a road as a forestry road under section 14 of the Public Highways Development Act is repealed, any existing agreements made by the Minister of Infrastructure in respect of the road are deemed to be agreements made by the municipality in which the road exists.
1998 c24 s3
Division 3
Public Utilities
General
Definitions
28 In this Division,
(a) “customer” has the meaning given to it in the Electric Utilities Act;
(a.1) “easement” means an easement, interest or right held by a municipality for the purpose of locating the system or works of a municipal public utility;
(b) “municipal public utility” means the system or works of a public utility operated by or on behalf of a municipality or a subsidiary of a municipality within the meaning of section 1(3) of the Electric Utilities Act other than under an agreement referred to in section 45;
(c) “municipal utility service” means a utility service provided by a municipal public utility;
(d) “non‑municipal public utility” means the system or works of a public utility operated by or on behalf of a person under an agreement referred to in section 45;
(d.1) “retailer” has the meaning given to it in the Electric Utilities Act;
(e) “service connection” means the part of the system or works of a public utility that runs from the main lines of the public utility to a building or other place on a parcel of land for the purpose of providing the utility service to the parcel and includes those parts of the system or works described in section 29;
(f) “utility service” means the thing that is provided by the system or works of a public utility.
RSA 2000 cM‑26 s28;2003 cE‑5.1 s165
Interpretation
28.1(1) In this section,
(a) “municipal tariff matter” means any matter relating to a transmission tariff, a distribution tariff or a regulated rate tariff of a municipality or of a subsidiary of a municipality that is subject to the jurisdiction of the Alberta Utilities Commission under the Electric Utilities Act;
(b) “transmission tariff”, “distribution tariff”, “regulated rate tariff” and “subsidiary” have the same meaning as they have in the Electric Utilities Act.
(2) In the event of an inconsistency between the Electric Utilities Act and this Act in respect of a municipal tariff matter, the Electric Utilities Act prevails.
2003 cE‑5.1 s165; 2007 cA‑37.2 s82(17)
Composition of system or works
29 When the system or works of a public utility involve pipes, wires or other things that connect to a building, the system or works include
(a) the pipes, wires or things
(i) running up to the building,
(ii) located on or within the exterior walls of the building, and
(iii) running from the exterior walls to couplings, stop‑cocks, meters and other apparatus placed inside the building by the municipality or person providing the public utility,
and
(b) those couplings, stop‑cocks, meters and other apparatus.
1994 cM‑26.1 s29
Long‑term supply agreements to public utilities
30(1) If a council proposes to make an agreement to supply water, steam or fuel to a public utility for a period that, with rights of renewal, could exceed 5 years, the agreement must be approved by the Alberta Utilities Commission before it is made.
(2) If a council or a municipal public utility proposes to make an agreement regarding the supply of electric power for a period that, with rights of renewal, could exceed 5 years, the agreement must be approved by the Alberta Utilities Commission before it is made.
(3) The approval of the Alberta Utilities Commission is not required under subsection (2) if the proposed agreement relates to or arises from the supply of electric power under
(a) a power purchase arrangement,
(b) a generation asset held or sold by the Balancing Pool, or
(c) a direct sales agreement.
(4) In subsection (3), “power purchase arrangement”, “generation asset”, “direct sales agreement” and “Balancing Pool” have the same meaning as they have in the Electric Utilities Act.
RSA 2000 cM‑26 s30;2003 cE‑5.1 s165; 2007 cA‑37.2 s82(17)
Regulation of gas supply obtained from direct sellers
31(1) In this section,
(a) “consumer” means a consumer of gas who takes delivery of the gas at its place of consumption by means of an urban gas system operated by a distributor;
(b) “direct seller” means a person, other than a distributor, who sells gas to a consumer or to another person who purchases the gas as an agent of the consumer for the purposes of this section;
(c) “distributor” means
(i) an urban municipality that operates an urban gas system, or
(ii) a rural gas co‑operative association as defined in the Gas Distribution Act, that operates an urban gas system under an agreement referred to in section 45;
(d) “urban gas system” means the system or works of a public utility for the distribution of gas to consumers within an urban municipality;
(e) “urban municipality” means a city, town, village or summer village.
(2) The Lieutenant Governor in Council may make regulations
(a) establishing classes of consumers for the purposes of this section;
(b) respecting the conditions to which the rights of consumers under subsection (3) are subject;
(c) governing, with respect to any matters provided for in the regulations, the rights and obligations of
(i) distributors,
(ii) direct sellers,
(iii) consumers, and
(iv) agents of consumers for purposes related to this section.
(3) Subject to the regulations, a consumer has the right to obtain a supply of gas from a direct seller for delivery to the consumer by means of an urban gas system operated by a distributor, subject to the rates, charges or tolls and on the terms and conditions established by the distributor with respect to the transportation of the gas.
(4) The Alberta Utilities Commission, on the application of a consumer or direct seller aggrieved by an unreasonable refusal of the distributor to provide service for the transportation of gas to the consumer by means of the distributor’s urban gas system or by any unreasonable term or condition under which the transportation service is or is sought to be provided by the distributor, may make an order
(a) directing the distributor to provide the transportation service in accordance with the provisions of the order,
(b) amending, replacing or voiding the term or condition, or
(c) settling the term or condition.
(5) Section 45 does not apply to the sale of gas by a direct seller to a consumer or to another person who purchases the gas as an agent of the consumer for the purposes of this section.
RSA 2000 cM‑26 s31; 2007 cA‑37.2 s82(17)
Other authorizations and approvals
32 Nothing in this Division exempts a municipality or other person operating a public utility from obtaining necessary approvals or other authorizations under an enactment or bylaw.
1994 cM‑26.1 s32
Municipal Public Utilities
Prohibiting other public utilities
33 When a municipality provides a municipal utility service, the council may by bylaw prohibit any person other than the municipality from providing the same or a similar type of utility service in all or part of the municipality.
1994 cM‑26.1 s33
Exception
33.1 A bylaw under section 33 shall not prohibit a retailer from providing to customers in all or any part of the municipality the functions or services that retailers are permitted to provide under the Electric Utilities Act or the regulations under that Act.
2003 cE‑5.1 s165
Duty to supply utility service
34(1) If the system or works of a municipal public utility that provide a municipal utility service are adjacent to a parcel of land, the municipality must, when it is able to do so and subject to any terms, costs or charges established by council, provide the municipal utility service to the parcel on the request of the owner of the parcel.
(2) If the system or works of a municipal public utility that provide a municipal utility service are adjacent to a parcel of land, the municipality may, when it is able to do so and subject to any terms, costs or charges established by council, provide the municipal utility service to the parcel on the request of the occupant of the parcel who is not the owner.
1994 cM‑26.1 s34
Parcels adjacent to roads and easements
35(1) This section applies when the main lines of the system or works of a municipal public utility are located above, on or underneath a road or easement and the municipality provides the municipal utility service to a parcel of land adjacent to the road or easement.
(2) The municipality is responsible for the construction, maintenance and repair of the portion of the service connection from the main lines of the system or works to the boundary of the road or easement.
(3) Despite subsection (2), the council may as a term of supplying the municipal utility service to the parcel of land make the owner responsible for the costs of the construction, maintenance and repair of the portion of the service connection from the main lines of the system or works to the boundary of the road or easement.
(4) If the owner is responsible for the costs of the construction, maintenance or repair referred to in subsection (3), those costs are an amount owing to the municipality by the owner.
1994 cM‑26.1 s35
Right of entry - main lines
36(1) This section applies to
(a) the main lines of the system or works of a municipal public utility located above, on or underneath a road or easement, and
(b) the portion of a service connection referred to in section 35(2).
(2) A municipality may enter on any land for the purpose of constructing, repairing or maintaining the system or works described in subsection (1).
(3) After the municipality has constructed, repaired or maintained the system or works, the municipality must, at its expense, restore any land that has been entered on under subsection (2) as soon as practicable.
(4) If the municipality does not restore the land as soon as practicable and the owner of the land restores it, the municipality is liable to the owner for the restoration costs.
1994 cM‑26.1 s36
Service connections - owner
37(1) The owner of a parcel of land is responsible for the construction, maintenance and repair of a service connection of a municipal public utility located above, on or underneath the parcel.
(2) If the municipality is not satisfied with the construction, maintenance or repair of the service connection, the municipality may require the owner of the parcel of land to do something in accordance with its instructions with respect to the construction, maintenance or repair of the system or works by a specified time.
(3) If the thing has not been done to the satisfaction of the municipality within the specified time or in an emergency, the municipality may enter on any land or building to construct, maintain or repair the service connection.
1994 cM‑26.1 s37
Service connections - municipality
38(1) Despite section 37, the council may as a term of providing a municipal utility service to a parcel of land give the municipality the authority to construct, maintain and repair a service connection located above, on or underneath the parcel.
(2) A municipality that has the authority to construct, maintain or repair a service connection under subsection (1) may enter on any land or building for that purpose.
1994 cM‑26.1 s38
Restoration and costs
39(1) After the municipality has constructed, maintained or repaired the service connection located above, on or underneath a parcel of land under section 37 or 38, the municipality must restore any land entered on as soon as practicable.
(2) The municipality’s costs relating to the construction, maintenance or repair under section 37 or 38 and restoration costs under this section are an amount owing to the municipality by the owner of the parcel.
1994 cM‑26.1 s39
Buildings
40(1) When a municipal utility service is provided to a building that has more than one apartment, office or other unit, the system or works of the municipal public utility may be installed over the different apartments, offices or other units.
(2) The system or works must be attached to the outside of the building unless consent is given to install them inside.
1994 cM‑26.1 s40
Discontinue providing public utility
41 In accordance with its bylaws, a municipality may, for any lawful reason,
(a) discontinue providing a municipal utility service after giving reasonable notice of its intention to do so, and
(b) remove the system or works of the municipal public utility used to provide the utility service.
1994 cM‑26.1 s41
Liability for public utilities charges
42(1) The charges for a municipal utility service provided to a parcel of land are an amount owing to the municipality by the owner of the parcel.
(2) If the municipality agrees to provide a municipal utility service to a parcel of land on the request of an occupant of the parcel who is not the owner, the charges for the municipal utility service provided to the parcel are an amount owing to the municipality by the occupant and not the owner.
1994 cM‑26.1 s42
Appeal
43(1) A person who uses, receives or pays for a municipal utility service may appeal a service charge, rate or toll made in respect of it to the Alberta Utilities Commission, but may not challenge the public utility rate structure itself.
(2) If the Alberta Utilities Commission is satisfied that the person’s service charge, rate or toll
(a) does not conform to the public utility rate structure established by the municipality,
(b) has been improperly imposed, or
(c) is discriminatory,
the Commission may order the charge, rate or toll to be wholly or partly varied, adjusted or disallowed.
RSA 2000 cM‑26 s43; 2007 cA‑37.2 s82(17)
Dispute with other municipalities
44(1) If
(a) a municipality is supplying a utility service to a person outside the municipality, and
(b) there is a dispute between the municipality supplying the utility service and any other municipality in connection with the rates, tolls or charges,
the dispute may be submitted to the Alberta Utilities Commission.
(2) The Commission may make an order on any terms and conditions that it considers proper.
(3) This section applies whether or not a public utility is subject to the control and orders of the Alberta Utilities Commission pursuant to section 111 of the Public Utilities Act or section 4 of the Gas Utilities Act.
RSA 2000 cM‑26 s44; 2007 cA‑37.2 s82(17)
Non‑municipal Public Utilities
Granting rights to provide utility service
45(1) A council may, by agreement, grant a right, exclusive or otherwise, to a person to provide a utility service in all or part of the municipality, for not more than 20 years.
(2) The agreement may grant a right, exclusive or otherwise, to use the municipality’s property, including property under the direction, control and management of the municipality, for the construction, operation and extension of a public utility in the municipality for not more than 20 years.
(3) Before the agreement is made, amended or renewed, the agreement, amendment or renewal must
(a) be advertised, and
(b) be approved by the Alberta Utilities Commission.
(4) Subsection (3)(b) does not apply to an agreement to provide a utility service between a council and a regional services commission.
(5) Subsection (3) does not apply to an agreement to provide a utility service between a council and a subsidiary of the municipality within the meaning of section 1(3) of the Electric Utilities Act.
RSA 2000 cM‑26 s45;2003 cE‑5.1 s165; 2007 cA‑37.2 s82(17)
Exception
45.1 An agreement made under section 45 shall not grant an exclusive right to provide to customers in all or any part of the municipality the functions or services that retailers are permitted to provide under the Electric Utilities Act or the regulations under that Act.
2003 cE‑5.1 s165
Prohibiting other non-municipal public utilities
46 When a person provides a utility service in a municipality under an agreement referred to in section 45, the council may by bylaw prohibit any other person from providing the same or a similar utility service in all or part of the municipality.
1994 cM‑26.1 s46
Exception
46.1 A bylaw under section 46 shall not prohibit a retailer from providing to customers in all or any part of the municipality the functions or services that retailers are permitted to provide under the Electric Utilities Act or the regulations under that Act.
2003 cE‑5.1 s165
Renewals
47(1) An agreement referred to in section 45 that is not renewed continues in effect until either party, with the approval of the Alberta Utilities Commission, terminates it on 6 months’ notice.
(2) If notice to terminate has been given under subsection (1), the municipality has the right to purchase the rights, systems and works of the public utility.
(3) If the municipality wishes to purchase the rights, systems and works and no agreement on the purchase can be reached, either party may refer the matter to the Alberta Utilities Commission.
(4) After the matter is referred to the Alberta Utilities Commission, the Commuission must by order fix the terms and price of the purchase and the order is binding on the parties.
RSA 2000 cM‑26 s47; 2007 cA‑37.2 s82(17)
Utility Services Provided by Municipal Subsidiaries
EPCOR Water Services Inc.
47.1(1) Sections 43 to 47 apply in respect of a utility service provided by EPCOR Water Services Inc.
(2) Part 2 of the Public Utilities Act does not apply in respect of a public utility that
(a) is owned or operated by EPCOR Water Services Inc., and
(b) provides a utility service within the boundaries of the City of Edmonton.
(3) If there is a dispute between a regional services commission and EPCOR Water Services Inc. 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.
RSA 2000 cM‑26 s47.1; 2007 cA‑37.2 s82(17)
Division 4 Repealed 2008 cE‑6.6 s55.
Division 5
Business Revitalization Zones
Purpose
50 A council may by bylaw establish a business revitalization zone for one or more of the following purposes:
(a) improving, beautifying and maintaining property in the zone;
(b) developing, improving and maintaining public parking;
(c) promoting the zone as a business or shopping area.
1994 cM‑26.1 s50
Board
51(1) A business revitalization zone is governed by a board consisting of members appointed by council under the business revitalization zone bylaw.
(2) The board is a corporation.
1994 cM‑26.1 s51
Civil liability of board members
52(1) In this section, “approved budget” means a budget of the board of a business revitalization zone that has been approved by council.
(2) A member of a board of a business revitalization zone 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 revitalization zone tax imposed in the business revitalization zone.
1994 cM‑26.1 s52;1995 c24 s7
Regulations
53 The Minister may make regulations
(a) respecting the establishment of a business revitalization zone;
(b) setting out what must be included in a business revitalization zone bylaw;
(c) respecting the appointment, term and renewal of members of the board of a business revitalization zone;
(d) respecting the powers and duties of the board and the board’s annual budget;
(e) respecting the disestablishment of a zone and the dissolution of a board;
(f) that operate despite Part 8, authorizing a municipality to lend money to a board and to borrow money on behalf of a board;
(g) establishing restrictions on the municipality providing money to the board.
1994 cM‑26.1 s53
Division 6
Miscellaneous Powers
Providing services in other areas
54 A municipality may provide any service or thing that it provides in all or part of the municipality
(a) in another municipal authority with the agreement of the other municipal authority, and
(b) in a part of a province or territory adjoining Alberta with the agreement of the authority from that province or territory whose jurisdiction includes the provision of the service or thing in that part of the province or territory.
1994 cM‑26.1 s54;1999 c11 s4
Sharing taxes and grants
55(1) A municipality may enter into an agreement with
(a) another municipality, or
(b) a collecting board as defined in section 163 of the School Act,
to share grants paid under section 366 or taxes.
(2) The agreement must include a means to settle disputes arising from the agreement.
1994 cM‑26.1 s55
Civic holidays
56(1) A council may declare up to 2 days in a year as civic holidays.
(2) The minimum length of a civic holiday is a half day.
1994 cM‑26.1 s56
Census
57 A council may conduct a census.
1994 cM‑26.1 s57
Road names
58(1) A municipality may name roads or areas within its boundaries and may assign a number or other means of identification to buildings or parcels of land.
(2) A municipality may require an owner or occupant of a building or a parcel of land to display the identification in a certain manner.
1994 cM‑26.1 s58
Hamlets
59(1) The council of a municipal district or specialized municipality may designate an unincorporated community described in subsection (2) that is within its boundaries to be a hamlet.
(2) An unincorporated community may be designated a hamlet if the community
(a) consists of 5 or more buildings used as dwellings, a majority of which are on parcels of land smaller than 1850 square metres,
(b) has a generally accepted boundary and name, and
(c) contains parcels of land that are used for non‑residential purposes.
(3) The designation of a hamlet must specify the hamlet’s name and boundaries.
1994 cM‑26.1 s59;1995 c24 s8
Water bodies
60(1) Subject to any other enactment, a municipality has the direction, control and management of the rivers, streams, watercourses, lakes and other natural bodies of water within the municipality, including the air space above and the ground below.
(2) Nothing in this section gives a municipality the direction, control and management of mines and minerals.
1994 cM‑26.1 s60
Granting rights over property
61(1) A municipality may grant rights, exclusive or otherwise, with respect to its property, including property under the direction, control and management of the municipality.
(2) A municipality may charge fees, tolls and charges for the use of its property, including property under the direction, control and management of the municipality.
1994 cM‑26.1 s61
Acquiring land for roads
62(1) In this section, “owner” includes
(a) in the case of land that is being acquired under an agreement for sale, the owner of the fee simple estate in the land and the purchaser under the agreement for sale who has registered the interest against the certificate of title for the land;
(b) in the case of land that is subject to a lease for which a certificate of title has been issued, the owner of the fee simple estate in the land and the lessee under that lease.
(2) When a municipality makes an agreement with the owner of land to acquire the land for the purpose of a road, culvert, ditch or drain, title to the land is vested in the city, or in the case of any other municipality, the Crown in right of Alberta, by filing with the Registrar of Land Titles
(a) plans of survey showing the land to be acquired, and
(b) a certificate of a designated officer stating that
(i) an agreement has been reached with the owner of the land to be acquired and the price to be paid,
(ii) all persons registered on certificates of title that have an interest in land that is within 40 metres of the boundary of the land to be acquired as shown on the plans of survey have been notified by registered mail, and
(iii) the person signing the certificate is a designated officer.
(3) When the title to land vests under subsection (2), it is not necessary to register a transfer for that land.
(4) A municipality is not entitled to mines and minerals in any land vested in it pursuant to this section and the title to any mines or minerals is not affected by the filing of any plan of survey pursuant to this section.
1994 cM‑26.1 s62
Division 7
Revision and Consolidation of Bylaws
Revision authorized
63(1) A council may by bylaw authorize the revision of all or any of the bylaws of the municipality.
(2) The bylaw may authorize the following:
(a) consolidating a bylaw by incorporating all amendments to it into one bylaw;
(b) omitting and providing for the repeal of a bylaw or a provision of a bylaw that is inoperative, obsolete, expired, spent or otherwise ineffective;
(c) omitting, 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;
(d) combining 2 or more bylaws into one, dividing a bylaw into 2 or more bylaws, moving provisions from one bylaw to another and creating a bylaw from provisions of another or 2 or more others;
(e) altering the citation and title of a bylaw and the numbering and arrangement of its provisions, and adding, changing or omitting a note, heading, title, marginal note, diagram or example to a bylaw;
(f) omitting the preamble and long title of a bylaw;
(g) omitting forms or other material contained in a bylaw that can more conveniently be contained in a resolution, and adding authority for the forms or other material to be prescribed by resolution;
(h) correcting clerical, grammatical and typographical errors;
(i) making changes, without changing the substance of the bylaw, to bring out more clearly what is considered to be the meaning of a bylaw or to improve the expression of the law.
1994 cM‑26.1 s63
Bylaw adopting revised bylaws
64(1) Revised bylaws have no effect unless a bylaw adopting them is passed.
(2) The bylaw adopting the revised bylaw may not be passed unless the chief administrative officer certifies that the proposed revised bylaws have been revised in accordance with the bylaw authorizing the revision.
(3) An amendment to the proposed revised bylaws may be made only if the change under the amendment is in accordance with the bylaw authorizing the revision.
(4) The bylaw adopting the revised bylaws must specify the date or dates that the revised bylaws are to come into force and the date or dates that the bylaws being repealed are repealed.
1994 cM‑26.1 s64
Requirements relating to substituted bylaws
65 Revised bylaws that are in effect are deemed to have been passed as if all the requirements respecting the passing and approval of the bylaws for which the revised bylaws are substituted have been complied with.
1994 cM‑26.1 s65
Effects of revised bylaws
66(1) The provisions of the revised bylaws substituted for the previous bylaws, when they have the same effect, operate retrospectively as well as prospectively and are deemed to come into force on the days on which the corresponding previous bylaws came into force.
(2) If the provisions of the revised bylaws do not have the same effect,
(a) the provisions of the revised bylaws prevail with respect to all transactions, matters and things occurring on or after the day the revised bylaws come into force, and
(b) the provisions of the previous bylaws prevail with respect to all earlier transactions, matters and things.
1994 cM‑26.1 s66
References to repealed bylaws
67 A reference in a bylaw, enactment or document to a bylaw that has been repealed by the revised bylaws is, in respect of any subsequent transaction, matter or thing occurring after the revised bylaws come into force, to be considered to be a reference to the bylaw in the revised bylaws that has been substituted for the repealed bylaw.
1994 cM‑26.1 s67
Mistakes made during revision
68(1) If a mistake is made during the revision of a bylaw and the bylaw adopting the revised bylaw has been passed, the mistake may be corrected by bylaw.
(2) The bylaw correcting the mistake is deemed to have been made as if all the requirements respecting the passing and approval of the bylaw for which the revised bylaw was substituted have been complied with.
1994 cM‑26.1 s68
Consolidation of bylaws
69(1) A council may by bylaw authorize a designated officer to consolidate one or more of the bylaws of the municipality.
(2) In consolidating a bylaw, the designated officer must
(a) incorporate all amendments to it into one bylaw, and
(b) omit any provision that has been repealed or that has expired.
(3) A printed document purporting
(a) to be a copy of a bylaw consolidated under this section, and
(b) to be printed under the authority of a designated officer,
is proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it, and of the fact of the passage of the original and all amending bylaws.
1994 cM‑26.1 s69
Division 8
Limits on Municipal Powers
Disposal of land
70(1) If a municipality proposes to transfer or grant an estate or interest in
(a) land for less than its market value, or
(b) a public park or recreation or exhibition grounds,
the proposal must be advertised.
(2) The proposal does not have to be advertised if the estate or interest is
(a) to be used for the purposes of supplying a public utility,
(b) transferred or granted under Division 8 of Part 10 before the period of redemption under that Division, or
(c) to be used by a non‑profit organization as defined in section 241(f).
1994 cM‑26.1 s70;1995 c24 s9
Mines and minerals
71 No municipality may acquire an estate or interest in mines or minerals without the approval of the Lieutenant Governor in Council.
1994 cM‑26.1 s71;1996 c30 s3
Acquisition of land outside municipal boundaries
72(1) A municipality may acquire an estate or interest in land outside its boundaries only if
(a) the council of the municipal authority in whose boundaries the land is located consents in writing to the acquisition or, in the case of a municipal authority that is an improvement district or special area, the Minister consents in writing to the acquisition,
(a.1) in the case of land located in a province or territory adjoining Alberta, the local government within whose boundaries the land is located consents in writing to the acquisition, and
(b) after the written consent is given, the council that wishes to acquire the estate or interest in the land authorizes the acquisition.
(2) This section does not apply when a municipality acquires
(a) an option on land outside its boundaries, but it does apply when the municipality exercises the option, or
(b) an estate or interest in mines and minerals.
1994 cM‑26.1 s72;1996 c30 s4;1999 c11 s5
Control of profit corporations
73(1) In this section, “corporation” means a corporation that operates for the purpose of making a profit.
(2) No municipality may, by itself or with other municipalities, control a corporation except in accordance with the regulations.
(3) The Minister may make regulations
(a) respecting information that must be provided to the Minister before a municipality or group of municipalities controls a corporation;
(b) providing that certain corporations may not be controlled by a municipality or group of municipalities unless the Minister’s approval is obtained;
(c) respecting terms and conditions that apply when a municipality or group of municipalities controls a corporation.
(4) The regulations may apply to one corporation or one approval or may be general.
1994 cM‑26.1 s73
Firearms
74 A bylaw of a municipal district prohibiting in all or a part of the municipal district the shooting or use of a firearm or other device that propels a projectile does not come into force until the bylaw has been approved by the Minister responsible for the Wildlife Act.
1994 cM‑26.1 s74;1995 c24 s10
Forest and Prairie Protection Act
75(1) In this section, “forest protection area” means a forest protection area designated under the Forest and Prairie Protection Act.
(2) The council of a municipal district may not pass a bylaw respecting fires that applies to the part of the municipal district in a forest protection area.
(3) Despite subsection (2), the council may pass a bylaw respecting fires, other than forest or running fires, that applies to the part of a hamlet that is within a forest protection area.
(4) Sections 4(2) and (3), 7 and 19(2) of the Forest and Prairie Protection Act do not apply to the council of a municipal district with respect to the part of the municipal district that is within a forest protection area.
1994 cM‑26.1 s75
Part 4
Formation, Fundamental Changes and Dissolution
Division 1
General Criteria
Principles, standards and criteria
76(1) The Minister may establish and publish principles, standards and criteria that are to be taken into account in considering the formation, change of status or dissolution of municipalities and the amalgamation of or annexation of land from municipal authorities.
(2) The Regulations Act does not apply to the principles, standards and criteria.
1994 cM‑26.1 s76
Division 2
Formation
Types of municipality that may be formed
77 The following types of municipality may be formed under this Part:
(a) municipal district;
(b) repealed 1995 c24 s11;
(c) village;
(d) town;
(e) city;
(f) specialized municipality.
1994 cM‑26.1 s77;1995 c24 s11
Municipal district
78 A municipal district may be formed for an area in which
(a) a majority of the buildings used as dwellings are on parcels of land with an area of at least 1850 square metres, and
(b) there is a population of 1000 or more.
1994 cM‑26.1 s78
79 Repealed 1995 c24 s12.
Village
80 A village may be formed for an area in which
(a) a majority of the buildings are on parcels of land smaller than 1850 square metres, and
(b) there is a population of 300 or more.
1994 cM‑26.1 s80
Town
81 A town may be formed for an area in which
(a) a majority of the buildings are on parcels of land smaller than 1850 square metres, and
(b) there is a population of 1000 or more.
1994 cM‑26.1 s81
City
82 A city may be formed for an area in which
(a) a majority of the buildings are on parcels of land smaller than 1850 square metres, and
(b) there is a population of 10 000 or more.
1994 cM‑26.1 s82
Specialized municipality
83 A specialized municipality may be formed for an area
(a) in which the Minister is satisfied that a type of municipality referred to in section 77(a), (b), (c), (d) or (e) does not meet the needs of the residents of the proposed municipality,
(b) to provide for a form of local government that, in the opinion of the Minister, will provide for the orderly development of the municipality to a type of municipality referred to in section 77(a), (b), (c), (d) or (e), or to another form of specialized municipality, or
(c) in which the Minister is satisfied for any other reason that it is appropriate in the circumstances to form a specialized municipality.
1994 cM‑26.1 s83
Modification of requirements
84 The Minister may by order, in a particular case, make minor modifications to the requirements in sections 78 to 83 if the Minister considers there is justifiable reason for doing so.
1994 cM‑26.1 s84
Initiating formation
85(1) A municipality may be formed on the Minister’s initiative or if
(a) the Minister receives a request to form the municipality from a council of a municipality or an improvement district, or
(b) the Minister receives a sufficient petition requesting the formation of the municipality from electors within the boundaries of the proposed municipality numbering at least 30% of the population within the boundaries of the proposed municipality.
(2) A request or petition referred to in subsection (1) must specify the boundaries of the proposed municipality.
1994 cM‑26.1 s85;1995 c24 s13
Factors to be considered
86 Before a municipality is formed, the Minister must consider
(a) the principles, standards and criteria on formation established under section 76,
(b) the viability, including the financial viability, of
(i) the proposed municipality operating as a separate entity, and
(ii) any remaining municipality continuing to operate as a separate entity,
and
(c) any agreements on common boundaries.
1994 cM‑26.1 s86
Public input
87(1) Before a municipality is formed, the Minister
(a) must invite comments on the proposed municipality from all local authorities that the Minister considers would be affected by the formation of the proposed municipality and from any other person the Minister considers necessary,
(b) must invite comments on the proposed municipality from the public,
(c) may conduct one or more meetings of the public to discuss the probable effects of the formation, and
(d) may hold a vote of those people who would be electors of the proposed municipality.
(2) If the Minister holds a vote, the vote must be conducted in accordance with the Local Authorities Election Act as modified by directions given by the Minister.
1994 cM‑26.1 s87
Formation order
88 The Lieutenant Governor in Council, on the recommendation of the Minister, may by order form a municipality.
1994 cM‑26.1 s88
Contents of order
89(1) A formation order must
(a) describe the boundaries of the municipality formed by the order,
(b) give the municipality the status of municipal district, village, town, city or specialized municipality, and
(c) give the municipality an official name.
(2) If a municipal district is formed, the order
(a) must state the number of councillors that is to comprise its council,
(b) must establish wards for it and describe their boundaries,
(c) may specify or describe by reference, the provisions of this or other enactments that do not apply to the municipal district, or that apply with or without modification, and
(d) may specify or describe by reference, any provisions that are to be added to or replace the provisions of this or other enactments.
(3) If a specialized municipality is formed, the order must state the number of councillors that is to comprise its council and apply either section 150(1) or (2) to the municipality and may
(a) establish wards for it and describe their boundaries;
(b) specify or describe by reference, the provisions of this or other enactments that do not apply to the specialized municipality, or that apply with or without modification;
(c) specify or describe by reference, any provisions that are to be added to or replace the provisions of this or other enactments;
(d) prescribe matters or conditions that govern the functions, powers and duties of the specialized municipality;
(e) if a specialized municipality is formed all or partly from an improvement district, provide that Part 15 continues to apply to the specialized municipality as if it were an improvement district.
(4) If the order provides that Part 15 continues to apply to a specialized municipality under subsection (3)(e), the Minister may at any time in respect of the specialized municipality
(a) exercise any of the powers that the Minister has in respect of an improvement district under Part 15 or any other enactment, including the power to delegate;
(b) limit the power, authority or jurisdiction of the specialized municipality;
(c) prescribe how or the conditions under which the specialized municipality may exercise any power or authority;
(d) require the specialized municipality to exercise or perform a power, right or duty of a municipality;
(e) authorize the council to pass some or all of the bylaws that the council of a municipal district may pass, subject to any conditions the Minister imposes.
(5) If a municipality is formed from an improvement district, the order may dissolve the improvement district.
1994 cM‑26.1 s89;1995 c24 s14
Summer village
89.1 The fact that a summer village may not be formed under this Act does not affect any existing summer village, and this Act continues to apply to summer villages.
1995 c24 s15
Official administrator
90 When a municipality is formed and there is no council, the Minister may appoint an official administrator who has all the powers and duties of a council of the municipality until the first council of the municipality is sworn into office.
1994 cM‑26.1 s90
Division 3
Change of Status
Meaning of change of status
91 A reference to changing the status of a municipality in this Part means changing a municipal district, summer village, village, town, city or specialized municipality to another type of municipality within that group.
1994 cM‑26.1 s91
Summer village
91.1 The status of a municipality may not be changed to the status of a summer village.
1995 c24 s16
Application of formation rules
92 The requirements in sections 78 to 83 respecting the formation of municipalities apply to changing the status of municipalities.
1994 cM‑26.1 s92
Initiation of change of status
93 The status of a municipality may be changed if
(a) the Minister receives a request from the municipality’s council,
(b) the Minister receives a sufficient petition from the majority of the electors in the municipality requesting the change in status, or
(c) the Minister is satisfied that the municipality no longer meets the requirements in sections 78 to 82 or, in the case of a specialized municipality, that the reasons for its original formation as a specialized municipality no longer exist.
1994 cM‑26.1 s93
Public input
94 Before the status of a municipality is changed, the Minister
(a) must notify the council of the municipality of the proposed change,
(b) may invite comments on the proposed change of status from all local authorities that the Minister considers would be affected by the change and from any other person the Minister considers necessary,
(c) may invite comments on the proposed change of status from the public, and
(d) may conduct one or more meetings of the public to discuss the probable effects of the change of status.
1994 cM‑26.1 s94
Consideration of principles
95 Before the status of a municipality is changed, the Minister must consider the principles, standards and criteria on change of status established under section 76.
1994 cM‑26.1 s95
Change of status order
96 The Lieutenant Governor in Council, on the recommendation of the Minister, may by order change the status of a municipality.
1994 cM‑26.1 s96
Contents of order
97(1) An order changing the status of a municipality to a municipal district must include the provisions referred to in section 89(2).
(2) An order changing the status of a municipality to a specialized municipality must state the number of councillors that is to comprise its council and apply either section 150(1) or (2) to the municipality and may deal with any of the other matters referred to in section 89(3) and (4).
1994 cM‑26.1 s97
97.1 Repealed 1999 c26 s14.
Effect of change of status
97.2(1) When the status of a municipality is changed,
(a) each councillor of the old municipality continues as a councillor of the new municipality until a successor is sworn into office;
(b) each officer and employee of the old municipality continues as an officer or employee of the new municipality with the same rights and duties until the council of the new municipality otherwise directs;
(c) all bylaws and resolutions of the old municipality that the new municipality has the authority to pass are continued as the bylaws and resolutions of the new municipality;
(d) all taxes due to the old municipality are deemed to be arrears of taxes due to the new municipality and may be collected and dealt with by the new municipality as if it had imposed the taxes;
(e) all rights of action and actions by or against the old municipality may be continued or maintained by or against the new municipality;
(f) all property vested in the old municipality becomes vested in the new municipality and may be dealt with by the new municipality in its own name subject to any trusts or other conditions applicable to the property;
(g) all other assets, liabilities, rights, duties, functions and obligations of the old municipality become vested in the new municipality, and the new municipality may deal with them in its own name.
(2) Subsection (1) is subject to the order changing the status of the municipality.
1995 c24 s17
Division 4
Change of Name
Change of name order
98 The Lieutenant Governor in Council, on the request of a municipality’s council and on the recommendation of the Minister, may change the name of the municipality.
1994 cM‑26.1 s98
Effect of change of name
99(1) The change of a municipality’s name does not affect any obligation, right, action or property of the municipality.
(2) The use of the old name of the municipality in any proceedings, agreements, notices or documents after the name has been changed does not affect the validity of those proceedings, agreements, notices or documents.
1994 cM‑26.1 s99
Division 5
Amalgamation
Application
100 This Division does not apply to the amalgamation of
(a) an improvement district with another improvement district, or
(b) a special area with another special area.
1994 cM‑26.1 s100
Restriction on amalgamation
101 No order amalgamating municipal authorities may be made that would result in an area of land that is
(a) not included in any municipal authority, or
(b) part of the amalgamated municipal authority, but is not contiguous with other land in the amalgamated municipal authority.
1994 cM‑26.1 s101
Initiation of amalgamation proceedings
102 The procedure for the amalgamation of 2 or more municipal authorities may be initiated by a municipal authority or by the Minister under section 107.
1994 cM‑26.1 s102
Initiation by municipal authority
103(1) A municipal authority initiates an amalgamation by giving written notice of the proposed amalgamation to
(a) the one or more municipal authorities with which it proposes to amalgamate,
(b) the Minister, and
(c) any local authority that the initiating municipal authority considers would be affected by the proposed amalgamation.
(2) If an amalgamation proposed by an initiating municipal authority would result in an area of land that is within the perimeter of the boundary of the amalgamated municipal authority, but is not part of the amalgamated municipal authority, the initiating municipal authority must give notice of its intention to annex that land when it gives notice of the proposed amalgamation.
(3) Subsection (2) does not apply if the area of land within the perimeter of the boundary of the proposed amalgamated municipal authority is the area of an existing municipal authority.
(4) The notice for an amalgamation must
(a) include the names of all the municipal authorities that are to be amalgamated and the reasons for the proposed amalgamation, and
(b) include proposals for consulting with the local authorities that the initiating municipal authority considers would be affected and the public about the proposed amalgamation.
1994 cM‑26.1 s103
Direct negotiations
104(1) The municipal authorities with which the initiating municipal authority proposes to amalgamate must, on receipt of the notice under section 103, meet with the initiating municipal authority to discuss the proposals included in the notice and negotiate the proposals in good faith.
(2) The initiating municipal authority must keep the Minister informed of the progress of the negotiations.
1994 cM‑26.1 s104
Report on negotiations
105(1) On conclusion of the negotiations, the initiating municipal authority must prepare a report that describes the results of the negotiations and that includes
(a) a list of the matters agreed on and those on which there is no agreement between the municipal authorities,
(b) a description of the public consultation processes involved in the negotiations, and
(c) a summary of the views expressed during the public consultation processes.
(2) The report must be signed by the initiating municipal authority and by the municipal authorities with which it proposes to amalgamate that are prepared to sign and must include a certificate by the initiating municipal authority stating that the report accurately reflects the results of the negotiations.
(3) A municipal authority that does not sign the report may include in the report its reasons for not signing.
1994 cM‑26.1 s105
Disposition of report
106(1) On completion of the report on the direct negotiations, the initiating municipal authority must submit the report to the Minister and send a copy of it to the municipal authorities with which it proposes to amalgamate and any other local authority the initiating municipal authority considers would be affected.
(2) If the initiating municipal authority indicates in the report that it wishes to proceed with the amalgamation, the report becomes the initiating municipal authority’s application for the amalgamation.
1994 cM‑26.1 s106
Initiation by Minister
107 The Minister may initiate an amalgamation of 2 or more municipal authorities if the Minister believes that the operation of the municipal authority to be formed by the amalgamation will be more effective or efficient than the municipal authorities to be amalgamated.
1994 cM‑26.1 s107
Notice by Minister
108 When the Minister initiates an amalgamation, the Minister
(a) must give written notice of it to the municipal authorities proposed to be amalgamated and any local authority that the Minister considers would be affected by the proposed amalgamation,
(b) may invite comments on the proposed amalgamation from all local authorities that the Minister considers would be affected by the amalgamation and from any other person the Minister considers necessary,
(c) may invite comments on the proposed amalgamation from the public, and
(d) may conduct one or more meetings of the public to discuss the probable effects of the proposed amalgamation.
1994 cM‑26.1 s108
Consideration of principles
109 Before municipal authorities are amalgamated, the Minister must consider the principles, standards and criteria on amalgamation established under section 76.
1994 cM‑26.1 s109
Amalgamation order
110 The Lieutenant Governor in Council, on the recommendation of the Minister, may by order amalgamate municipal authorities to form a new municipality.
1994 cM‑26.1 s110
Contents of order
111 An order to amalgamate municipal authorities may
(a) dissolve one or more of the councils of the municipal authorities that are amalgamated,
(b) provide for an interim council,
(c) require a municipal authority to pay compensation to another municipal authority set out in the order or by means determined in the order, including arbitration under the Arbitration Act, and
(d) deal with any of the matters referred to in section 89.
1994 cM‑26.1 s111
Official administrator
112 When a municipality is formed by amalgamation and there is no council, the Minister may appoint an official administrator who has all the powers and duties of a council of the municipality until the first council of the municipality is sworn into office.
1994 cM‑26.1 s112
Division 6
Annexation
Mediation
112.1 In this Division, “mediation” in respect of an annexation means a process involving a neutral person as mediator who assists the initiating municipal authority and the one or more municipal authorities from which the land is to be annexed, and any other person brought in with the agreement of those municipal authorities, to reach their own mutually acceptable settlement of the matter by structuring negotiations, facilitating communication and identifying the issues and interests of the participants.
1999 c11 s6
Application
113 This Division does not apply to the annexation of land
(a) from an improvement district to another improvement district, or
(b) from a special area to another special area.
1994 cM‑26.1 s113
Restriction on annexation
114 No order that annexes land to a municipal authority may be made if the land to be annexed is not contiguous with the boundaries of the municipal authority.
1994 cM‑26.1 s114
Annexations of same land
115(1) A municipal authority may not initiate or proceed with more than one proposed annexation at any one time concerning the same land.
(2) A municipal authority may not initiate or proceed with a proposed annexation when the municipal authority is proceeding with an amalgamation, unless the annexation is of the type referred to in section 103(2).
1994 cM‑26.1 s115
Initiation of annexation
116(1) A municipal authority initiates the annexation of land by giving written notice of the proposed annexation to
(a) the one or more municipal authorities from which the land is to be annexed,
(b) the Municipal Government Board, and
(c) any local authority that the initiating municipal authority considers would be affected by the proposed annexation.
(2) The notice for an annexation must
(a) describe the land proposed to be annexed,
(b) set out the reasons for the proposed annexation, and
(c) include proposals for
(i) consulting with the public about the proposed annexation, and
(ii) meeting with the owners of the land to be annexed, and keeping them informed about the progress of the negotiations.
1994 cM‑26.1 s116
Direct negotiations
117(1) The municipal authorities from which the land is to be annexed must, on receipt of the notice under section 116, meet with the initiating municipal authority to discuss the proposals included in the notice and negotiate the proposals in good faith.
(2) If there are matters on which there is no agreement, the initiating municipal authority and the one or more municipal authorities from which the land is to be annexed must, during the negotiations, attempt to use mediation to resolve those matters.
1994 cM‑26.1 s117;1999 c11 s7
Report on negotiations
118(1) On conclusion of the negotiations, the initiating municipal authority must prepare a report that describes the results of the negotiations and that includes
(a) a list of the matters agreed on and those on which there is no agreement between the municipal authorities,
(a.1) if there were matters on which there was no agreement, a description of the attempts to use mediation and, if mediation did not occur, the reasons for this,
(b) a description of the public consultation processes involved in the negotiations, and
(c) a summary of the views expressed during the public consultation processes.
(2) The report must be signed by the initiating municipal authority and by the municipal authorities from which the land is to be annexed that are prepared to sign and must include a certificate by the initiating municipal authority stating that the report accurately reflects the results of the negotiations.
(3) A municipal authority that does not sign the report may include in the report its reasons for not signing.
1994 cM‑26.1 s118;1999 c11 s8
Disposition of report
119(1) The initiating municipal authority must submit the completed report to the Municipal Government Board and send a copy of it to the municipal authorities from which the land is to be annexed and any other local authority the initiating municipal authority considers would be affected.
(2) If the initiating municipal authority indicates in the report that it wishes to proceed with the annexation, the report becomes the initiating municipal authority’s application for the annexation.
1994 cM‑26.1 s119
General agreement on proposed annexation
120(1) If the initiating municipal authority wishes the annexation to proceed and the Municipal Government Board is satisfied that the affected municipal authorities and the public are generally in agreement with the annexation, the Board must notify the Minister and all the local authorities that it considers would be affected by the annexation, and anyone else the Board considers should be notified, that
(a) there appears to be general agreement with the proposed annexation, and
(b) unless objections to the annexation are filed with the Board by a specified date, the Board will make its recommendation to the Minister without holding a public hearing.
(2) If no objections are filed with the Board by the specified date, the Board must
(a) consider the principles, standards and criteria on annexation established under section 76, and
(b) prepare a written report with its recommendations and send it to the Minister.
(3) If objections are filed with the Board by the specified date, the Board
(a) may investigate, analyze and make findings of fact about the annexation, including the probable effect on local authorities and on the residents of an area, and
(b) must conduct one or more hearings in respect of the annexation and allow any affected person to appear before the Board at a hearing.
1994 cM‑26.1 s120
No general agreement on proposed annexation
121 If the initiating municipal authority wishes the annexation to proceed and the Municipal Government Board is not satisfied that the affected municipal authorities or the public are in general agreement with the annexation, the Board
(a) must notify the Minister and all the local authorities that it considers would be affected by the annexation, and anyone else the Board considers should be notified, that there is not general agreement with the proposed annexation,
(b) may investigate, analyze and make findings of fact about the annexation, including the probable effect on local authorities and on the residents of an area, and
(c) must conduct one or more hearings in respect of the annexation and allow any affected person to appear before the Board at a hearing.
1994 cM‑26.1 s121
Notice of hearing and costs
122(1) The Municipal Government Board must publish a notice of a hearing under section 120(3) or 121 at least once a week for 2 consecutive weeks in a newspaper or other publication circulating in the affected area, the 2nd notice being not less than 6 days before the hearing.
(2) The Municipal Government Board may determine the costs of and incidental to a hearing and decide by whom and to whom the costs are to be paid.
(3) Section 502 applies to a decision of the Board relating to costs under this section.
1994 cM‑26.1 s122
Board’s report
123 After one or more hearings under section 120(3) or 121 have been held and after considering the reports and representations made to it and the principles, standards and criteria on annexation established under section 76, the Board must prepare a written report of its findings and recommendations and send it to the Minister.
1994 cM‑26.1 s123
Contents of report
124(1) A report by the Municipal Government Board to the Minister under this Division must set out
(a) a recommendation on whether land should be annexed to the initiating municipal authority or other municipal authority;
(b) if it is recommending annexation, a description of the land, whether there should be revenue sharing and any terms, conditions and other things the Board considers necessary or desirable to implement the annexation.
(2) If the Board does not recommend that land be annexed in its report, the Board must provide the report to all local authorities that it considers would be affected by the annexation.
1994 cM‑26.1 s124
Annexation order
125 The Lieutenant Governor in Council, after considering the report of the Board, may by order annex land from a municipal authority to another municipal authority.
1994 cM‑26.1 s125;1996 c30 s5
Annexation order without report
126 Despite sections 116 to 125, the Lieutenant Governor in Council, on the recommendation of the Minister, may by order annex land to a municipal authority.
1994 cM‑26.1 s126;1996 c30 s6
Contents of order
127 An order to annex land to a municipal authority may
(a) require a municipal authority to pay compensation to another municipal authority in an amount set out in the order or to be determined by means specified in the order, including arbitration under the Arbitration Act,
(b) dissolve a municipal authority as a result of the annexation, and
(c) deal with any of the matters referred to in section 89.
1994 cM‑26.1 s127
Public utilities
127.1(1) In this section, “utility agreement” means an agreement approved by the Alberta Utilities Commission in which a municipality grants a right to a person to provide a public utility in all or part of the municipality.
(2) An annexation of land does not affect any right under a utility agreement to provide a public utility on the annexed land unless the annexation order provides otherwise.
(3) This section does not apply to a right to provide a natural gas service if the right is subject to section 23 of the Gas Distribution Act.
RSA 2000 cM‑26 s127.1; 2007 cA‑37.2 s82(17)
Annexation refused
128 If an application for an annexation of land is refused, the Minister must notify the initiating municipal authority of the refusal and the initiating municipal authority may not make another annexation application concerning the same land for a period of one year after it receives notice of the refusal.
1994 cM‑26.1 s128
Division 7
Dissolution
Application
129 This Division does not apply to the dissolution of a municipality as a result of an annexation.
1994 cM‑26.1 s129
Dissolution study
130(1) The Minister must undertake a dissolution study before a municipality is dissolved.
(2) The Minister must undertake a dissolution study in respect of a municipality if
(a) the Minister receives a request for the study from the council of the municipality, or
(b) the Minister receives a sufficient petition requesting the study from electors of the municipality numbering at least 30% of the municipality’s population or, in the case of a summer village, a sufficient petition requesting the study from a majority of the electors of the summer village.
(3) The Minister may undertake a dissolution study in respect of a municipality if the Minister believes that
(a) the municipality cannot balance its revenues with its required expenditures,
(b) the municipality is no longer viable,
(c) the municipality does not meet the applicable requirements in sections 78 to 82 or, in the case of a specialized municipality, the reasons for its formation as a specialized municipality no longer exist,
(d) vacancies on a council cannot be filled, or
(e) the dissolution will lead to more effective or efficient municipal operations.
1994 cM‑26.1 s130
Requirements before completing study
131 The Minister, before completing a dissolution study,
(a) must contact all local authorities that the Minister considers would be affected by the dissolution of the municipality and invite them to comment on the proposed dissolution,
(b) may conduct a public meeting, which if conducted must be advertised in accordance with section 606, to discuss the implications of the dissolution, and
(c) must consider
(i) the effect that the dissolution will have on all local authorities that the Minister considers would be affected by the dissolution, and
(ii) the principles, standards and criteria on dissolution established under section 76.
1994 cM‑26.1 s131;1996 c30 s7
Vote on dissolution
132(1) After completing a dissolution study, the Minister may hold a vote on the proposed dissolution.
(2) If the Minister holds a vote, the vote must be conducted in accordance with the Local Authorities Election Act as modified by directions given by the Minister.
1994 cM‑26.1 s132
Dissolution order
133(1) The Lieutenant Governor in Council, on the recommendation of the Minister, may by order dissolve a municipality.
(2) A dissolution order
(a) must direct that all or part of the land in the dissolved municipality becomes part of another municipal authority,
(b) may deal with any of the matters referred to in section 89, and
(c) may appoint a liquidator and specify the liquidator’s powers, duties and functions.
1994 cM‑26.1 s133;1995 c24 s19
Tax
134 If the liabilities of the dissolved municipality exceed its assets, the Lieutenant Governor in Council may authorize the successor of the dissolved municipality to impose an additional tax under Part 10 on property located in the area of the dissolved municipality to pay for those excess liabilities.
1994 cM‑26.1 s134;1998 c24 s5
Division 8
General Provisions
Effect of certain orders
135(1) When an order under this Part has the effect of including or placing an area of land that was in one municipal authority, called in this section the “old municipal authority”, in another municipal authority, called in this section the “new municipal authority”, as a result of the formation, annexation, amalgamation or dissolution of a municipal authority, then, unless the order provides otherwise,
(a) the new municipal authority becomes the successor of the old municipal authority with respect to that area of land and the old municipal authority ceases to have any jurisdiction with respect to that area of land,
(a.1) all taxes due to the old municipal authority are deemed to be arrears of taxes due to the new municipal authority and may be collected and dealt with by the new municipal authority as if it had imposed the taxes,
(a.2) all rights of action and actions by or against the old municipal authority that relate to that area of land become rights of action and actions by or against the new municipal authority and cease to be rights of action and actions by or against the old municipal authority,
(b) all the assets, liabilities, rights, duties, functions and obligations of the old municipal authority that relate to that area of land automatically pass to the new municipal authority and cease to be those of the old municipal authority,
(c) 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, municipal reserve or municipal and school reserve under a former Act as defined in Part 17, the ownership of the land becomes vested in the new municipal authority in place of the old municipal authority, and
(d) bylaws and resolutions of the old municipal authority that apply specifically to the area of land continue to apply to it until repealed or others are made in their place by the new municipal authority.
(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 the notice under section 103 or 116 is received, the proceeds of the sale or the money received must be paid to the new municipal authority.
(3) The new municipal authority may only use the proceeds of the sale or the money received for purposes for which the old municipal authority could have used it.
(4) The Lieutenant Governor in Council may
(a) authorize the council of the new municipal authority to impose an additional tax under Part 10 on the area of land to meet obligations under a borrowing made by the old municipal authority in respect of that area of land, or
(b) make any provision necessary to protect any rights that any person has in relation to the area of land.
(4.1) The Minister may direct the transfer of assets and liabilities from one municipal authority to another.
(5) This section does not abrogate or affect agreements described in section 30 or 45.
1994 cM‑26.1 s135;1995 c24 s20;1996 c30 s8;1998 c24 s6
Power to effectuate transfer of land and other property
136 Where an order under this Division requires the ownership of land or other property to be transferred to a municipal authority, the Minister may do whatever is necessary to give effect to section 135(1) or a direction under section 135(4.1).
1994 cM‑26.1 s136
Transitional and other matters
137(1) An order of formation, change of status, amalgamation, annexation or dissolution may, in respect of any municipal authority affected by the order, contain provisions dealing with the following:
(a) assessment and taxation;
(b) property;
(c) employees;
(d) any matter required to properly effect or deal with the formation, change of status, amalgamation, annexation or dissolution, whether transitional or otherwise;
(e) the application, addition, change or substitution of this or another enactment to give effect to the order.
(2) The provisions referred to in subsection (1) may deal with rights, obligations, liabilities, assets and any other thing that the Lieutenant Governor in Council considers is appropriate to be dealt with in the order and may operate despite a collective agreement.
(3) The Lieutenant Governor in Council may amend or repeal a provision referred to in subsection (1) that is contained in an order of formation, change of status, amalgamation, annexation or dissolution without having to comply with the requirements for passing the original order.
1994 cM‑26.1 s137
Retroactivity of orders
138(1) An order of the Lieutenant Governor in Council under this Part may provide
(a) for the retroactive application of the order or any of its provisions, and
(b) that the order or any of its provisions come into force on different dates.
(2) An order or any of its provisions may only be made retroactive to a date in the year immediately before the calendar year in which the order is made.
(3) Any error in any order made under this Part may be corrected by subsequent order, and the correcting order may be made effective as of the date of the original order or on some other later date that is specified in the order.
1994 cM‑26.1 s138
Orders published
139(1) An order of the Lieutenant Governor in Council or the Minister made under this Part must be published in The Alberta Gazette.
(2) Publication of an order of the Lieutenant Governor in Council or the Minister made under this Part is conclusive proof of the fulfilment of any conditions precedent to the order.
1994 cM‑26.1 s139
Regulations Act
140 The Regulations Act does not apply to an order of the Lieutenant Governor in Council or the Minister made under this Part.
1994 cM‑26.1 s140
Location of boundaries
141(1) In this section,
(a) “survey” means a survey made under the Surveys Act or the Canada Lands Surveys Act (Canada);
(b) “surveyed land” means land that has been surveyed under the Surveys Act or the Canada Lands Surveys Act (Canada).
(2) Where the boundary of a municipality is described by reference to the boundary of a township or section of surveyed land along which a road allowance runs, the boundary is the side of the road allowance on which monuments or posts are placed under a survey, except in the case of correction lines or where the description otherwise specifies.
(3) In the case of correction lines, the boundary is the south side of the road allowance.
(4) Where a road is the boundary of a municipality and land is acquired to widen the road, the land acquired automatically falls within that boundary.
(5) A road allowance between an Indian reserve and a municipality is in the municipality despite anything to the contrary in this section.
(6) Where a boundary of a municipality is described by reference to a river, the boundary is the right bank of the river facing downstream unless the description otherwise specifies.
1994 cM‑26.1 s141
Part 5
Councils, Councillors and
Council Committees
Division 1
Councils and Council Committees
Councils as governing bodies
142(1) Each municipality is governed by a council.
(2) A council is a continuing body.
1994 cM‑26.1 s142
Number of councillors for municipalities
143(1) A council consists of the number of councillors provided for under this section, one of whom is the chief elected official, but in no case may a council consist of fewer than 3 councillors.
(2) The council of a city or town consists of 7 councillors unless the council passes a bylaw specifying a higher or lower odd number.
(3) The council of a village or summer village consists of 3 councillors unless the council passes a bylaw specifying a higher odd number.
(4) The council of a municipal district or specialized municipality consists of the number of councillors specified in the order forming it unless the council passes a bylaw specifying a higher or lower odd number.
(5) The council of any other type of municipality consists of the number of councillors provided for it by or under the enactment establishing it.
1994 cM‑26.1 s143
Bylaw changing number of councillors
144(1) A bylaw passed under section 143 must be passed at least 180 days before the general election at which it is to take effect.
(2) If a bylaw is passed less than 180 days before the next general election, it takes effect at the 2nd general election after the date on which it is passed.
(3) A bylaw passed under section 143 must be advertised.
1994 cM‑26.1 s144
Bylaws - council and council committees
145 A council may pass bylaws in relation to the following:
(a) the establishment and functions of council committees and other bodies;
(b) the procedure and conduct of council, council committees and other bodies established by the council, the conduct of councillors and the conduct of members of council committees and other bodies established by the council.
1994 cM‑26.1 s145
Composition of council committees
146 A council committee may consist
(a) entirely of councillors,
(b) of a combination of councillors and other persons, or
(c) subject to section 154(2), entirely of persons who are not councillors.
1994 cM‑26.1 s146
Division 2
Elections, Appointments and
Ward System
Election of councillors
147(1) Subject to Division 5, councillors other than a chief elected official are to be elected in accordance with the Local Authorities Election Act.
(2) The election is to be by a vote of the electors of the whole municipality unless the municipality is divided into wards, in which case section 148 applies.
1994 cM‑26.1 s147
Division of municipality into wards
148(1) Unless otherwise provided for in a bylaw under this section, when a municipality is divided into wards,
(a) only an elector who is resident in the ward may vote for a councillor in that ward, and
(b) councillors are elected for each ward.
(2) A council may by bylaw
(a) divide the municipality into wards and establish their boundaries,
(b) in the case of wards established for a municipal district or a specialized municipality, change the number of wards and their boundaries,
(c) give each ward established or changed a name or number, or both,
(d) state the number of councillors to be elected for each ward established or changed, and
(e) in the case of any municipality, including a municipal district or specialized municipality, eliminate the wards.
(3) A council may by bylaw provide for councillors that
(a) are in addition to the councillors elected for each ward,
(b) are elected by a vote of the electors of the whole municipality, and
(c) are councillors for the whole municipality, not a ward.
(4) A council may by bylaw provide that all councillors
(a) are nominated by ward,
(b) are elected by a vote of the electors of the whole municipality, and
(c) are councillors for the whole municipality, not a ward.
(5) A council may by bylaw provide that all councillors
(a) are nominated by ward,
(b) are elected by a vote of the electors of the whole municipality, and
(c) are councillors for the ward in which they were nominated.
1994 cM‑26.1 s148
Passing bylaw
149(1) A bylaw under section 148 must be passed at least 180 days before the general election at which it is to take effect.
(2) If a bylaw is passed less than 180 days before the next general election, it takes effect at the 2nd general election after the date on which it is passed.
(3) A bylaw passed under section 148 must be advertised.
1994 cM‑26.1 s149
Election or appointment of chief elected official
150(1) The chief elected official of a city or town is to be elected by a vote of the electors of the municipality unless the council passes a bylaw
(a) requiring council to appoint the chief elected official from among the councillors,
(b) specifying when the appointment is to start, and
(c) specifying the term of the appointment.
(2) The chief elected official of a village, summer village or municipal district is to be appointed by council from among the councillors unless the council passes a bylaw providing that the official is to be elected by a vote of the electors of the municipality.
(3) The chief elected official of a specialized municipality is to be elected under subsection (1) or appointed under subsection (2) as specified in the order that forms the specialized municipality.
(4) If a chief elected official is to be elected by a vote of the electors of the municipality, the Local Authorities Election Act applies to the election.
1994 cM‑26.1 s150
Passing bylaw
151(1) A bylaw under section 150 must be passed at least 180 days before the general election at which it is to take effect.
(2) If a bylaw is passed less than 180 days before the next general election, it takes effect at the 2nd general election after the date on which it is passed.
(3) A bylaw passed under section 150 must be advertised.
1994 cM‑26.1 s151
Deputy and acting chief elected officials
152(1) A council must appoint one or more councillors as deputy chief elected official so that
(a) only one councillor will hold that office at any one time, and
(b) the office will be filled at all times.
(2) A deputy chief elected official must act as the chief elected official
(a) when the chief elected official is unable to perform the duties of the chief elected official, or
(b) if the office of chief elected official is vacant.
(3) A council may appoint a councillor as an acting chief elected official to act as the chief elected official
(a) if both the chief elected official and the deputy chief elected official are unable to perform the duties of the chief elected official, or
(b) if both the office of chief elected official and the office of deputy chief elected official are vacant.
1994 cM‑26.1 s152
Division 3
Duties, Titles and Oaths of Councillors
General duties of councillors
153 Councillors have the following duties:
(a) to consider the welfare and interests of the municipality as a whole and to bring to council’s attention anything that would promote the welfare or interests of the municipality;
(b) to participate generally in developing and evaluating the policies and programs of the municipality;
(c) to participate in council meetings and council committee meetings and meetings of other bodies to which they are appointed by the council;
(d) to obtain information about the operation or administration of the municipality from the chief administrative officer or a person designated by the chief administrative officer;
(e) to keep in confidence matters discussed in private at a council or council committee meeting until discussed at a meeting held in public;
(f) to perform any other duty or function imposed on councillors by this or any other enactment or by the council.
1994 cM‑26.1 s153
General duties of chief elected official
154(1) A chief elected official, in addition to performing the duties of a councillor, must
(a) preside when in attendance at a council meeting unless a bylaw provides that another councillor or other person is to preside, and
(b) perform any other duty imposed on a chief elected official by this or any other enactment or bylaw.
(2) The chief elected official is a member of all council committees and all bodies to which council has the right to appoint members under this Act, unless the council provides otherwise.
(3) Despite subsection (2), the chief elected official may be a member of a board, commission, subdivision authority or development authority established under Part 17 only if the chief elected official is appointed in the chief elected official’s personal name.
1994 cM-26.1 s154;1995 c24 s21
Titles of chief elected official and other councillors
155 A councillor is to have the title “councillor” and a chief elected official that of “chief elected official” unless the council directs that another title appropriate to the office be used.
1994 cM‑26.1 s155
Taking of oath
156 A councillor, a chief elected official and a deputy and acting chief elected official may not carry out any power, duty or function until that person has taken the official oath prescribed by the Oaths of Office Act.
1994 cM‑26.1 s156
Division 4
Term of Office
Local Authorities Election Act
157 The term of office of councillors is governed by the Local Authorities Election Act.
1994 cM‑26.1 s157
Extension of term
158(1) If the first election of a newly formed municipality, whether formed under this or another enactment, is less than 18 months before the date set by the Local Authorities Election Act for the next general election, the Minister may order that the next general election not take place.
(2) If the Minister makes an order under subsection (1), the terms of the offices are to continue until immediately before the beginning of the organizational meeting following the next general election.
1994 cM‑26.1 s158
Appointed chief elected officials
159(1) A chief elected official who is to be appointed under section 150 must be appointed at each organizational meeting of the council, unless otherwise provided by bylaw.
(2) The term of office of an appointed chief elected official starts immediately on appointment and ends on the appointment of the next chief elected official.
(3) The term of office of an appointed chief elected official may not extend beyond the term of office of that person as councillor.
1994 cM‑26.1 s159
Division 5
Vacancies and Quorum
Positions unfilled at general election
160(1) If at a general election persons are not elected to fill all the offices on council, the Minister may
(a) fill the vacancies by appointing persons as councillors,
(b) if there is no quorum, order that the councillors who have been elected constitute a quorum,
(c) if there is no quorum, order that the remaining councillors constitute a quorum and appoint an official administrator for the purposes of supervision under section 575, or
(d) appoint an official administrator who has all the powers and duties of the council.
(2) Persons appointed under subsection (1)(a) hold office until the vacancies are filled by a by‑election.
(3) If council is unable to or does not within a reasonable time hold a by‑election to fill a vacancy referred to in subsection (1), the Minister may by order direct that the chief administrative officer conduct a by‑election to fill the vacancy.
1994 cM‑26.1 s160
Resignation
161(1) The resignation of a councillor must be in writing and given to the chief administrative officer.
(2) A chief elected official appointed by council who resigns the office of chief elected official remains on the council as a councillor.
(3) The resignation is effective on the date it is received by the chief administrative officer even if a later date is set out in the resignation.
(4) The chief administrative officer must report the resignation at the first council meeting after receiving the resignation.
1994 cM‑26.1 s161
Vacancy in position of councillor
162 A council must hold a by‑election to fill a vacancy on council unless
(a) the vacancy occurs in the 6 months before a general election, or
(b) the council consists of 6 or more councillors and the vacancy occurs
(i) in the 18 months before a general election and there is only one vacancy, or
(ii) in the 12 months before a general election and the number of councillors remaining is at least one more than the majority of the number of councillors comprising the council under section 143.
1994 cM‑26.1 s162
Chief elected official (elected) vacancy
163 If the chief elected official is elected by a vote of the electors of the whole municipality and the office becomes vacant, the vacancy must be filled
(a) if on the date the vacancy occurs there are 12 months or more before a general election, by a by‑election, or
(b) if on the date the vacancy occurs there are less than 12 months before a general election, either by a by‑election or by council appointing at the next council meeting one or more councillors as chief elected official so that
(i) only one councillor holds that office at any one time, and
(ii) the office is filled all the time.
1994 cM‑26.1 s163
Chief elected official (appointed) vacancy
164 If, under section 150, the chief elected official is appointed by council from among the councillors and the office becomes vacant, council must at the next council meeting appoint one or more councillors as chief elected official so that
(a) only one councillor holds that office at any one time, and
(b) the office is filled all the time.
1994 cM‑26.1 s164
Election day
165 Unless a council sets an earlier date, election day for a by‑election under section 162 or 163 is 90 days after the vacancy occurs.
1994 cM‑26.1 s165
Minister orders by-election
166 If a vacancy must be filled by by‑election under section 162 or 163 and a by‑election is not held within 90 days after the vacancy occurs, the Minister may by order
(a) set another date for the by‑election;
(b) extend the time for filling that vacancy to the next general election;
(c) reduce the quorum for council;
(d) direct the chief administrative officer to conduct the by‑election;
(e) take any other action the Minister considers necessary.
1994 cM‑26.1 s166;1998 c24 s7
Quorum
167(1) Except as provided in this or another enactment, the quorum of a council is
(a) the majority of all the councillors that comprise the council under section 143, or
(b) if there is a vacancy on the council and the council is not required to hold a by‑election under section 162 or 163, the majority of the remaining councillors that comprise the council under section 143.
(2) For the purposes of quorum, a councillor is deemed to be absent for a vote if, under this or any other enactment,
(a) the councillor is required to abstain from the vote, or
(b) the councillor is permitted to abstain from the vote and does abstain.
1994 cM‑26.1 s167
No quorum
168(1) The Minister may make an order described in subsection (2) in the following situations:
(a) vacancies on council through resignations or disqualifications have reduced the number of councillors to less than a quorum;
(b) the number of councillors able to attend a council meeting is less than a quorum;
(c) councillors are required to abstain from voting on a matter or are permitted to abstain from voting on a matter and have decided to abstain and the number of remaining councillors able to vote is less than a quorum.
(2) If subsection (1) applies, the Minister may
(a) order that the remaining councillors constitute a quorum,
(b) order that the remaining councillors constitute a quorum and appoint an official administrator for the purposes of supervision under section 575, or
(c) appoint an official administrator who has all the powers and duties of the council.
(3) In a situation described in subsection (1)(c), the Minister may, as an alternative to the options in subsection (2),
(a) order that all councillors may vote on the matter if otherwise eligible, or
(b) direct the chief administrative officer to conduct a vote of the electors on the matter with directions respecting the date of the vote of the electors, the question to be voted on by the electors and procedural matters.
(4) The council must comply with the result of the vote of the electors held under subsection (3)(b).
(5) A councillor is not disqualified for having voted on a matter
(a) in accordance with the Minister’s order under subsection (3)(a), or
(b) for the purpose of complying with the results of a vote conducted under subsection (3)(b).
1994 cM‑26.1 s168
Division 6
Pecuniary Interest of Councillors
Definitions
169 In this Division,
(a) “corporation”, “director”, “distributing corporation”, “officer”, “shareholder”, “voting rights” and “voting shares” have the meanings given to them in the Business Corporations Act;
(b) “councillor’s family” means the councillor’s spouse or adult interdependent partner, the councillor’s children, the parents of the councillor and the parents of the councillor’s spouse or adult interdependent partner;
(c) “spouse” means the husband or wife of a married person but does not include a spouse who is living separate and apart from the person if the person and spouse have separated pursuant to a written separation agreement or if their support obligations and family property have been dealt with by a court order.
RSA 2000 cM‑26 s169;2002 cA‑4.5 s60
Pecuniary interest
170(1) Subject to subsection (3), a councillor has a pecuniary interest in a matter if
(a) the matter could monetarily affect the councillor or an employer of the councillor, or
(b) the councillor knows or should know that the matter could monetarily affect the councillor’s family.
(2) For the purposes of subsection (1), a person is monetarily affected by a matter if the matter monetarily affects
(a) the person directly,
(b) a corporation, other than a distributing corporation, in which the person is a shareholder, director or officer,
(c) a distributing corporation in which the person beneficially owns voting shares carrying at least 10% of the voting rights attached to the voting shares of the corporation or of which the person is a director or officer, or
(d) a partnership or firm of which the person is a member.
(3) A councillor does not have a pecuniary interest by reason only of any interest
(a) that the councillor, an employer of the councillor or a member of the councillor’s family may have as an elector, taxpayer or utility customer of the municipality,
(b) that the councillor or a member of the councillor’s family may have by reason of being appointed by the council as a director of a company incorporated for the purpose of carrying on business for and on behalf of the municipality or by reason of being appointed as the representative of the council on another body,
(c) that the councillor or member of the councillor’s family may have with respect to any allowance, honorarium, remuneration or benefit to which the councillor or member of the councillor’s family may be entitled by being appointed by the council to a position described in clause (b),
(d) that the councillor may have with respect to any allowance, honorarium, remuneration or benefit to which the councillor may be entitled by being a councillor,
(e) that the councillor or a member of the councillor’s family may have by being employed by the Government of Canada, the Government of Alberta or a federal or provincial Crown corporation or agency, except with respect to a matter directly affecting the department, corporation or agency of which the councillor or family member is an employee,
(f) that a member of the councillor’s family may have by having an employer, other than the municipality, that is monetarily affected by a decision of the municipality,
(g) that the councillor or a member of the councillor’s family may have by being a member or director of a non‑profit organization as defined in section 241(f) or a service club,
(h) that the councillor or member of the councillor’s family may have
(i) by being appointed as the volunteer chief or other volunteer officer of a fire or ambulance service or emergency measures organization or other volunteer organization or service, or
(ii) by reason of remuneration received as a volunteer member of any of those voluntary organizations or services,
(i) of the councillor, an employer of the councillor or a member of the councillor’s family that is held in common with the majority of electors of the municipality or, if the matter affects only part of the municipality, with the majority of electors in that part,
(j) that is so remote or insignificant that it cannot reasonably be regarded as likely to influence the councillor, or
(k) that a councillor may have by discussing or voting on a bylaw that applies to businesses or business activities when the councillor, an employer of the councillor or a member of the councillor’s family has an interest in a business, unless the only business affected by the bylaw is the business of the councillor, employer of the councillor or the councillor’s family.
(4) Subsection (3)(g) and (h) do not apply to a councillor who is an employee of an organization, club or service referred to in those clauses.
1994 cM‑26.1 s170;1995 c24 s22;1996 c30 s9
Bylaw requiring statement of disclosure
171 A council may by bylaw
(a) require that each councillor file with a designated officer a statement of the name or names of
(i) the councillor’s family,
(ii) the employers of the councillor,
(iii) each corporation, other than a distributing corporation, in which the councillor is a shareholder, director or officer,
(iv) each distributing corporation in which the councillor beneficially owns voting shares carrying at least 10% of the voting rights attached to the voting shares of the corporation or of which the councillor is a director or officer, and
(v) each partnership or firm of which the councillor is a member,
and
(b) require the designated officer to compile a list of all the names reported on the statements filed with the officer and give a copy of the list to the employees of the municipality indicated in the bylaw.
1994 cM‑26.1 s171;1996 c30 s10
Disclosure of pecuniary interest
172(1) When a councillor has a pecuniary interest in a matter before the council, a council committee or any other body to which the councillor is appointed as a representative of the council, the councillor must, if present,
(a) disclose the general nature of the pecuniary interest prior to any discussion of the matter,
(b) abstain from voting on any question relating to the matter,
(c) subject to subsection (3), abstain from any discussion of the matter, and
(d) subject to subsections (2) and (3), leave the room in which the meeting is being held until discussion and voting on the matter are concluded.
(2) If the matter with respect to which the councillor has a pecuniary interest is the payment of an account for which funds have previously been committed, it is not necessary for the councillor to leave the room.
(3) If the matter with respect to which the councillor has a pecuniary interest is a question on which, under this Act or another enactment, the councillor as a taxpayer, an elector or an owner has a right to be heard by the council,
(a) it is not necessary for the councillor to leave the room, and
(b) the councillor may exercise a right to be heard in the same manner as a person who is not a councillor.
(4) If a councillor is temporarily absent from a meeting when a matter in which the councillor has a pecuniary interest arises, the councillor must immediately on returning to the meeting, or as soon as the councillor becomes aware that the matter has been considered, disclose the general nature of the councillor’s interest in the matter.
(5) The abstention of a councillor under subsection (1) and the disclosure of a councillor’s interest under subsection (1) or (4) must be recorded in the minutes of the meeting.
(6) If a councillor has disclosed a pecuniary interest at a council committee meeting and council considers a report of the committee in respect of which the councillor disclosed a pecuniary interest, the councillor must disclose the pecuniary interest at the council meeting and subsection (1) applies to the councillor.
1994 cM‑26.1 s172
Effect of pecuniary interest on agreements
173 No agreement with a municipality under which a councillor of the municipality has a pecuniary interest is binding on the municipality unless
(a) the agreement is for work in an emergency,
(b) the agreement is
(i) for the sale of goods, or
(ii) for the provision of services to the municipality or to persons contracting with the municipality
at competitive prices by a dealer in those goods or services that is incidental to or in the ordinary course of the business,
(c) the proposed agreement is approved by council before the agreement is signed by the municipality, or
(d) the agreement was entered into before the term of the councillor started.
1994 cM‑26.1 s173;1996 c30 s11
Division 7
Disqualification of Councillors
Reasons for disqualification
174(1) A councillor is disqualified from council if
(a) when the councillor was nominated, the councillor was not eligible for nomination as a candidate under the Local Authorities Election Act;
(b) the councillor ceases to be eligible for nomination as a candidate under the Local Authorities Election Act;
(c) the councillor becomes a judge of a court or a member of the Senate or House of Commons of Canada or of the Legislative Assembly of Alberta;
(d) the councillor is absent from all regular council meetings held during any period of 8 consecutive weeks, starting with the date that the first meeting is missed, unless subsection (2) applies;
(e) the councillor is convicted
(i) of an offence punishable by imprisonment for 5 or more years, or
(ii) of an offence under section 123, 124 or 125 of the Criminal Code (Canada);
(f) the councillor does not vote on a matter at a council meeting at which the councillor is present, unless the councillor is required or is permitted to abstain from voting under this or any other enactment;
(g) the councillor contravenes section 172;
(h) the councillor has a pecuniary interest in an agreement that is not binding on the municipality under section 173;
(i) the councillor uses information obtained through being on council to gain a pecuniary benefit in respect of any matter;
(j) the councillor becomes an employee of the municipality;
(k) the councillor is liable to the municipality under section 249.
(2) A councillor is not disqualified by being absent from regular council meetings under subsection (1)(d) if the absence is authorized by a resolution of council passed
(a) at any time before the end of the last regular meeting of the council in the 8‑week period, or
(b) if there is no other regular meeting of the council during the 8‑week period, at any time before the end of the next regular meeting of the council.
(3) For the purposes of this section, a councillor is not considered to be absent from a council meeting if the councillor is absent on council business at the direction of council.
(4) A councillor who is disqualified under this section is eligible to be elected at the next general election in the municipality if the person is eligible for nomination under the Local Authorities Election Act.
1994 cM‑26.1 s174
Division 8
Enforcement of Disqualification
Resignation on disqualification
175(1) A councillor that is disqualified must resign immediately.
(2) If a councillor does not resign immediately,
(a) the council may apply by originating notice to a judge of the Court of Queen’s Bench for
(i) an order determining whether the person was never qualified to be or has ceased to be qualified to remain a councillor, or
(ii) an order declaring the person to be disqualified from council,
or
(b) an elector who
(i) files an affidavit showing reasonable grounds for believing that a person never was or has ceased to be qualified as a councillor, and
(ii) pays into court the sum of $500 as security for costs,
may apply by originating notice to a judge of the Court of Queen’s Bench for an order declaring the person to be disqualified from council.
(3) An application under this section may only be made within 3 years from the date the disqualification is alleged to have occurred.
(4) An application under this section may be started or continued whether or not an election has been held between the time the disqualification is alleged to have occurred and the time the application is or was commenced and whether or not the person in respect of whom the application is being brought
(a) resigns before or after the election,
(b) was re‑elected in the election,
(c) was not re‑elected or did not run in the election, or
(d) has completed a term of office.
1994 cM‑26.1 s175
Decision on disqualification application
176(1) After hearing an application under this Division and any evidence, either oral or by affidavit, that is required, the judge may
(a) declare the person to be disqualified and a position on council to be vacant,
(b) declare the person able to remain a councillor, or
(c) dismiss the application.
(2) If a judge declares a person disqualified because information obtained through being on council was used to gain a pecuniary benefit, the judge may order the person to pay to the municipality a sum of damages determined by the Court.
1994 cM‑26.1 s176
Inadvertence or genuine error
177 A judge who hears an application under this Division and finds that the person is disqualified under section 174(1)(f), (h) or (i) may still dismiss the application if the judge is of the opinion that the disqualification arose inadvertently or by reason of a genuine error in judgment.
1994 cM‑26.1 s177
Appeal
178(1) The decision of a judge under this Division may be appealed to the Court of Appeal.
(2) A person who is declared disqualified under this Division and appeals that declaration remains disqualified until the appeal is finally determined.
(3) If, on the final determination of the appeal, the disqualification is set aside,
(a) the Court must reinstate the person as a councillor for any unexpired portion of the term of office for which the person was elected and require any person who has been elected to fill the balance of that term to vacate the office, and
(b) the Court may order that any money paid to the municipality under section 176(2) be repaid.
(4) If, on the final disposition of the appeal, the disqualification is set aside but the term of office for which the person was elected has expired, the person must not be reinstated but is eligible to be elected at the next election in the municipality if otherwise qualified.
1994 cM‑26.1 s178
Reimbursement of costs and expenses
179 The council may reimburse the person in respect of whom an application under this Division was made for any costs and expenses that the council considers reasonable, other than costs that have already been awarded to the person by the judge, if
(a) the application is dismissed, or
(b) an order is issued declaring the person able to remain a councillor.
1994 cM‑26.1 s179
Division 9
Council Proceedings
Requirements for Valid Action
Methods in which council may act
180(1) A council may act only by resolution or bylaw.
(2) Where a council or municipality is required or authorized under this or any other enactment or bylaw to do something by bylaw, it may only be done by bylaw.
(3) Where a council is required or authorized under this or any other enactment or bylaw to do something by resolution or to do something without specifying that it be done by bylaw or resolution, it may be done by bylaw or resolution.
1994 cM‑26.1 s180
Requirements for valid bylaw or resolution
181(1) A bylaw or resolution of council is not valid unless passed at a council meeting held in public at which there is a quorum present.
(2) A resolution of a council committee is not valid unless passed at a meeting of that committee held in public at which there is a quorum present.
1994 cM‑26.1 s181
Voting
Restriction to one vote per person
182 A councillor has one vote each time a vote is held at a council meeting at which the councillor is present.
1994 cM‑26.1 s182
Requirement to vote and abstentions
183(1) A councillor attending a council meeting must vote on a matter put to a vote at the meeting unless the councillor is required or permitted to abstain from voting under this or any other enactment.
(2) The council must ensure that each abstention and the reasons for the abstention are recorded in the minutes of the meeting.
1994 cM‑26.1 s183
Abstention from voting on matter discussed at public hearing
184 When a public hearing on a proposed bylaw or resolution is held, a councillor
(a) must abstain from voting on the bylaw or resolution if the councillor was absent from all of the public hearing, and
(b) may abstain from voting on the bylaw or resolution if the councillor was only absent from a part of the public hearing.
1994 cM‑26.1 s184
Recording of votes
185(1) Before a vote is taken by council, a councillor may request that the vote be recorded.
(2) When a vote is recorded, the minutes must show the names of the councillors present and whether each councillor voted for or against the proposal or abstained.
1994 cM‑26.1 s185
Secret ballot
185.1(1) Despite sections 185 and 197, at a meeting at which a council
(a) establishes a council committee or other body under section 145, or
(b) appoints a chief elected official under section 150,
a secret ballot must be held if requested by any councillor present at the meeting.
(2) A vote by secret ballot under subsection (1) must be confirmed by a resolution of council.
1998 c24 s8
Tied vote
186 If there is an equal number of votes for and against a resolution or bylaw, the resolution or bylaw is defeated.
1994 cM‑26.1 s186
Passing a Bylaw
Bylaw readings
187(1) Every proposed bylaw must have 3 distinct and separate readings.
(2) Each councillor present at the meeting at which first reading is to take place must be given or have had the opportunity to review the full text of the proposed bylaw before the bylaw receives first reading.
(3) Each councillor present at the meeting at which third reading is to take place must, before the proposed bylaw receives third reading, be given or have had the opportunity to review the full text of the proposed bylaw and of any amendments that were passed after first reading.
(4) A proposed bylaw must not have more than 2 readings at a council meeting unless the councillors present unanimously agree to consider third reading.
(5) Only the title or identifying number has to be read at each reading of the bylaw.
1994 cM‑26.1 s187
Rescission of previous bylaw readings
188 The previous readings of a proposed bylaw are rescinded if the proposed bylaw
(a) does not receive third reading within 2 years after first reading, or
(b) is defeated on second or third reading.
1994 cM‑26.1 s188
Passing of bylaw
189 A bylaw is passed when it receives third reading and it is signed in accordance with section 213.
1994 cM‑26.1 s189
Coming into force
190(1)