MINISTERIAL ORDER NO.  MSD:026/21

 

 

 

 

 

 

I, Ric McIver, Minister of Municipal Affairs, pursuant to Section 9(1) of the Government Organization Act and Section 589 of the Municipal Government Act, make the Order set out in the attached Appendix.

 

Ministerial Order No. MSL:010/15 is hereby rescinded.

 

 

 

 

Dated at Edmonton, Alberta, this 14th day of March, 2021.

 

 

 

 

 

 

                                                                                                                                        

                                                                     Ric McIver

                                                                     Minister of Municipal Affairs

 


In this order:

 

‘IDs’ means Improvement Districts

‘ID Council’ means Improvement District Advisory Council

 

The duties, powers, and functions of the Minister of Municipal Affairs set out in the specified sections of the following Acts are delegated to the persons and bodies holding the positions designated below.

 

This Order is to be read in conjunction with any other Order delegating signing authority.

 

Where the authority has been delegated to the Improvement District Advisory Council and, where there is no advisory council, it shall be read as a reference to the Assistant Deputy Minister, Municipal Services Division.

 

DELEGATION OF AUTHORITY TO IMPROVEMENT DISTRICTS

 

I. FAMILY AND COMMUNITY SUPPORT SERVICES ACT

 

Provision

Delegation

1)    s. 2  - Provide for a family and community support services program

ID Council

 

ll. LOCAL AUTHORITIES ELECTION ACT

 

Provision

Delegation

1)    s. 13 - Appointment of returning officers and substitute returning officers – IDs

ID Council

2)    s. 36(1) - Voting subdivisions – IDs

ID Council

 

III. MUNICIPAL GOVERNMENT ACT

 

Subject to the exclusions listed in this Order, the Municipal Government Act applies to each improvement district as if it were a municipality except as otherwise stated in this Order or in any other existing or future Order affecting any improvement district. If there is a conflict between this Order and the prior order, this Order takes precedence.

 

Those sections of the Municipal Government Act listed below as:

·               Section A - Do not apply to an improvement district, and

·               Section B - Apply, as modified, to each improvement district.

 

Subject to this Order, each council of an improvement district has the powers, duties and functions of the Minister as a municipal council emanating from the Municipal Government Act, as it relates to the improvement district for which that council is established.

 

Section A - Do not apply

 

1)            s.4                               Corporation

2)            Part 3, Division 1        Expropriation

3)            Part 3, Division 2        Roads

4)            s. 143, s. 144              Number of councillors and bylaw changing number of councillors

5)            s. 148                          Division of municipality into wards

6)            s. 150                          Election or appointment of chief elected official

7)            s. 158                          Extension of term

 

Section B - Apply as modified

 

1)            s. 6, 11                        Natural person powers: This provision applies except where an obligation or duty is undertaken that extends beyond one year or $1 million, in which case no action shall be taken without the Minister's prior written approval.

2)            s. 147                          Election of councillors: This provision does not apply unless the Minister has by Order declared that the advisory council of a specified ID will be elected under the provisions of the Local Authorities Election Act (LAEA).

3)            s. 157                          Term of office of councillors: This provision does not apply unless the Minister has by Order declared that the advisory council of a specified ID will be elected under the provisions of the LAEA.

4)            s. 162                          Vacancy in position of councillor: This provision applies only to elected Advisory Councils as determined by the Minister in writing under Section 588.

5)            s. 264-266, 268           Loans and guarantees: For the purposes of IDs these sections read as IDs are not permitted to make loans or guarantees.

6)            s. 353                          Property Tax Bylaw: Ministerial approval is required for property tax bylaws in IDs with an Advisory Council, otherwise authority for the approval of property tax bylaws for IDs is delegated to the Assistant Deputy Minister, Municipal Services Division.

7)            Part 13, Division 3      Challenging bylaws and resolutions: this provision applies only to IDs with an Advisory Council.

8)            s. 548                          Appeal to Court of Queen's Bench: this provision applies only to IDs with an Advisory Council.