Alberta Regulation 39/2018

Municipal Government Act

CITY OF EDMONTON CHARTER, 2018 REGULATION

Filed: April 4, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 081/2018)

on April 4, 2018 pursuant to

section 141.3 of the Municipal Government Act.

Table of Contents

Interpretation

2 Establishment of charter

3 Enactments continue to apply

Municipal Government Act

4 Modification of Act

5 Modification of regulations

Traffic Safety Act

6 Modification of Traffic Safety Act

Other Enactments

7 Modification of other Acts

8 Modification of other regulations

General

9 Public hearing requirement

10 Publication requirement

11 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "City" means the City of Edmonton;

(c) "municipality" means a municipality as defined in the Act.

(2) A reference to a "city" in a provision of an enactment that is

modified by this Regulation is to be read as a reference to the City of

Edmonton.

Establishment of charter

2 The City of Edmonton Charter, 2018 is established by this

Regulation.

Enactments continue to apply

3 Except as otherwise provided by this Regulation, all enactments

that apply to a municipality continue to apply to the City.

Municipal Government Act

Modification of Act

4(1) This

section modifies the Act as it is to be read for the

purposes of being applied to the City.

(2) Section 7 of the Act is to be renumbered as

section 7(1),

and

(

a) in subsection (1),

(

i) the following is added after clause (h):

(h.1) the well-being of the environment, including

bylaws providing for the creation, implementation

and management of programs respecting any or all

of the following:

(

i) contaminated, vacant, derelict or

under-utilized sites;

(ii) climate change adaptation and greenhouse

gas emission reduction;

(iii) environmental conservation and stewardship;

(iv) the protection of biodiversity and habitat;

(

v) the conservation and efficient use of energy;

(vi) waste reduction, diversion, recycling and

management;

(ii) in clause (i),

(

A) subclause (ii) is to be read as follows:

(ii) for each offence, imposing imprisonment for

not more than one year or a fine not

exceeding

(A) $100 000, in the case of an offence that

is designated as an egregious offence

under subclause (ii.1), or

(B) $10 000, in the case of any other

offence,

or both;

(

B) the following is added after subclause (ii):

(ii.1) the designation, in accordance with

subsection (2), of offences that are egregious

offences for the purposes of subclause (ii)(A);

(

b) the following is added after subsection (1):

(2) The council may designate an offence as an egregious

offence for the purposes of subsection (1)(i)(ii)(

A) if, in the

opinion of the council, a maximum fine of $10 000 would be

(

a) insufficient to deter others from committing the offence,

due to the amount of profit that could potentially be

realized as a result of committing the offence,

(

b) insufficient, having regard to the magnitude or extent of

harm that the offence causes or may cause to the public

or any person, or

(

c) insufficient, having regard to the inherent nature of the

offence.

(3) In

section 8 of the Act, the following is added after

clause (d):

(

e) reduce or stagger the hours within the hours specified under

Schedule 3 of the Gaming and Liquor Regulation

(AR 143/96) during which liquor may be sold or provided in

licensed premises.

(4) The following is added after

section 8 of the Act:

Bylaws may be passed for any municipal purpose

8.1 Without restricting the generality of sections 7 and 8, the

council may pass a bylaw for any municipal purpose set out in

section 3.

(5) In

section 203 of the Act

(a) subsection (1) is to be read as follows:

Delegation by council

203(1) The council may by bylaw delegate any of its powers,

duties or functions under this or any other enactment or bylaw

to any person or individual unless an enactment or bylaw

provides otherwise.

(b) subsection (2)(

d) is to be read as follows:

(

d) its power with respect to taxes under

section 347, except

where the total amount to be cancelled, reduced,

refunded or deferred under

section 347(1)(a), (

b) and (

c) by the City in a taxation year does not exceed $500 000,

and

(6) Sections 242 and 243 of the Act do not apply to the City.

(7) Section 244 of the Act is to be read as follows:

Financial shortfall

244 The City may project an operating deficit but the budget for

the following year must provide for expenditures to cover the deficit

over the next 3 years.

(8) Sections 245 and 246 of the Act do not apply to the City.

(9) Section 247 of the Act is to be read as follows:

Tax bylaws

247 The City may not pass a property tax bylaw or business tax

rate bylaw in respect of a year unless the annual budget for that year

has been adopted by the council.

(10) Section 248(3) of the Act does not apply to the City.

(11) In

section 264 of the Act,

(

a) in subsection (1),

(

i) the reference to "A municipality" is to be read as

a reference to "The City";

(ii) clause (

a) is to be read as follows:

(

a) the loan or guarantee is made under subsection (2),

(2.1) or (3),

(

b) in subsection (2), the reference to "A municipality" is

to be read as a reference to "The City";

(

c) the following is added after subsection (2):

(2.1) The council may make bylaws respecting the giving of

loans and guarantees by the City

(

a) to individuals for the purposes of ensuring or improving

energy conservation or energy efficiency, or both, with

respect to property, and

(

b) for the purposes of developing affordable housing in

accordance with

Part 17.

(2.2) A bylaw under subsection (2.1) that authorizes the giving

of loans

(

a) must set out the maximum amount of money that may

be loaned to a person under the bylaw,

(

b) must set out, in general terms, the purpose for which

money loaned under the bylaw is to be used,

(

c) must set out the minimum rate of interest, the maximum

term and the terms of repayment applicable to loans

under the bylaw,

(

d) must set out the source or sources of money that may be

loaned to a person under the bylaw, and

(

e) must be advertised.

(2.3) A bylaw under subsection (2.1) that authorizes the giving

of guarantees

(

a) must set out the maximum amount of a loan that may be

guaranteed under the bylaw,

(

b) must set out, in general terms, the purpose or purposes

for which money borrowed under a loan guaranteed

under the bylaw is to be used,

(

c) must set out the minimum rate of interest or the method

by which the rate of interest is to be calculated, the

maximum term and the terms of repayment applicable

to loans guaranteed under the bylaw,

(

d) must set out the source or sources of money to be used

to pay the principal and interest owing under loans

guaranteed under the bylaw, if the municipality is

required to pay those amounts under the guarantee, and

(

e) must be advertised.

(2.4) The City must not give a loan referred to in subsection

(2.1)(

a) to an individual unless the individual has executed a

mortgage under

section 102 of the Land Titles Act in respect of

the loan, and the City must register the mortgage against the

certificate of title for the property in respect of which the loan

is given.

(d) subsection (3) is to be read as follows:

(3) Where the City intends to purchase gas from and become a

shareholder of the designated seller within the meaning of

section 30(1) of the Gas Distribution Act, SA 1994 cG-1.5 as it

read on June 30, 1998, the City may make a loan to the

designated seller as part of the capitalization of the designated

seller by its shareholders.

(12) Section 269 of the Act is to be read as follows:

Financial year

269 The financial year of the City is the calendar year unless the

council by resolution determines otherwise.

(13) In

section 291 of the Act, the following is added after

subsection (2):

(2.1) Notwithstanding subsection (2), an assessment shall be

prepared for new improvements, whether complete or not, on a

property or a portion of a property where the improvements do not

contain machinery and equipment intended to be used in

connection with the manufacturing and processing operation even

if another portion of the property contains a manufacturing or

processing operation.

(14) Section 294 of the Act is to be read as follows:

Right to enter on and inspect property

294(1) After giving reasonable notice to the owner or occupier of

any property, an assessor may at any reasonable time, for the

purposes of carrying out the duties and responsibilities of an assessor

under Parts 9 to 12 and the regulations,

(

a) enter on and inspect the property,

(

b) request anything to be produced, and

(

c) make copies of anything necessary to the inspection.

(2) Information about a property's physical characteristics collected

under this

section and

section 295 after the date referred to in

section

289(2)(

a) is admissible at an assessment complaint hearing.

(15) The following is added after

section 295 of the Act:

Assessor not bound by information received

295.1 An assessor is not bound by the information received

under

section 294 or 295 if the assessor has reasonable grounds

to believe that the information is inaccurate.

(16) In

section 297 of the Act,

(a) subsection (2.1) is to be read as follows:

(2.1) A council may by bylaw divide class 2 into the sub-classes

prescribed by the regulations, and if the council does so, subject

to subsection (2.4), the assessor must assign one or more of the

prescribed sub-classes to a property in class 2.

(

b) the following is added after subsection (2.1):

(2.2) The council may by bylaw

(

a) establish a sub-class for derelict property within class 2

and define "derelict" for the purposes of the bylaw, or

(

b) establish a sub-class for contaminated property within

class 2 and establish

(

i) the characteristics or effects that amount to

contamination for the purposes of the bylaw, and

(ii) the levels of contamination above which a property

is to be considered as contaminated for the

purposes of the bylaw,

or do both.

(2.3) A definition of "derelict" under subsection (2.2)(

a) and any

characteristics, effects or levels established by bylaw under

subsection (2.2)(

b) must apply generally across the City and must

not be specific to sites or areas within the City.

(2.4) If the council

(

a) establishes a sub-class under subsection (2.2)(

a) or (b),

(

b) divides class 2 into the sub-classes prescribed by the

regulations,

the assessor may, subject to subsections (2.5) to (2.7), assign that

sub-class to a property in addition to or instead of assigning one

or more of the sub-classes prescribed by the regulations to the

property.

(2.5) A sub-class for derelict property must not be assigned to a

property unless the property meets the definition of "derelict" in

the bylaw and has been unoccupied for at least one year.

(2.6) A sub-class for contaminated property must not be assigned

to a property unless there is evidence of contamination at or

exceeding the level at which the property is to be considered as

contaminated for the purposes of the bylaw.

(2.7) A sub-class for derelict or contaminated property must not

be assigned to designated industrial property or machinery and

equipment.

(c) subsection (4)(

b) and (

c) are to be read as follows,

except for the purposes of

section 359 and Division

5 of

Part 9 of the Act:

(b) "non-residential", in respect of property, means

property that is not classed by the assessor as farm land,

machinery and equipment or residential;

(c) "residential", in respect of property, means

(

i) property or a portion of a property currently used

for permanent living accommodation,

(ii) a vacant property where permanent living

accommodations is the primary permitted use for

that land assigned as a land use designation under

a land use bylaw passed by a municipal council, or

(iii) a property or a portion of a property where

permanent living accommodations is a permitted

or discretionary use assigned as a land use

designation for that land under a land use bylaw

passed by a municipal council if a development

permit has been issued by the municipality or

construction has commenced to build permanent

living accommodations on the land,

but does not include

(iv) a property or a portion of a property on which

industry, commerce or farming operations

currently take place, or

(

v) a vacant property that has more than one primary

permitted use assigned as a land use designation

under a land use bylaw passed by the council.

(

d) the following is added after subsection (4):

(5) Where a property has been assigned as either class 1 or class

2 for the purposes of

section 353(2)(

a) and (b), the assessment

roll for that property must show both assessment classifications.

(17) The following is added after

section 316.1 of the Act:

Division 4.1

Preparation of Supplementary

Assessment for Previous Farm Land

Bylaw

316.2(1) If the City wishes to require the preparation of

supplementary assessments for all or a part of a parcel of land that has

ceased to be used for farming operations, the council must pass a

supplementary assessment bylaw authorizing the assessments to be

prepared for the purpose of imposing a tax under

Part 10 in the same

year.

(2) A bylaw under subsection (1) must apply to all parcels of land or

parts of parcels of land that have ceased to be used for farming

operations.

Supplementary assessment

316.3(1) A supplementary assessment for all or a part of a parcel of

land that has ceased to be used for farming operations must reflect the

market value of that parcel of land or part of the parcel of land, as the

case may be, minus the agricultural use value of the same area,

multiplied by the pro rata factor.

(2) For the purposes of subsection (1),

(

a) the market value of the parcel of land or the part of the parcel

of land as of the valuation date is to be determined in

accordance with the regulations,

(

b) the agricultural use value is the assessment of the parcel of

land or the part of the parcel of land that is used for farming

operations as determined in accordance with the regulations,

and

(

c) the pro rata factor is equal to the number of months in a year

after the date on which the parcel of land or the part of the

parcel of land ceased to be used for farming operations, and

includes the whole of the first month in which the parcel or

part of the parcel ceased to be used for farming operations,

divided by 12.

Supplementary assessment roll

316.4(1) Before the end of the year in which supplementary

assessments are prepared under

section 316.3, the City must prepare a

supplementary assessment roll.

(2) A supplementary assessment roll must show, for each assessed

parcel of land, the following:

(

a) the same information that is required to be shown on the

assessment roll;

(

b) the date on which the parcel of land or part of the parcel of

land ceased to be used for farming operations.

Supplementary assessment notices

316.5(1) Before the end of the year in which supplementary

assessments are prepared under

section 316.3, the City must

(

a) prepare a supplementary assessment notice for every

assessed parcel of land shown on a supplementary

assessment roll under

section 316.4, and

(

b) send the supplementary assessment notices to the assessed

persons.

(2) A supplementary assessment notice must show, for each assessed

parcel of land, the following:

(

a) the same information that is required to be shown on the

supplementary assessment roll;

(

b) the notice of assessment date;

(

c) a statement that the assessed person may file a complaint not

later than the complaint deadline;

(

d) information respecting filing a complaint in accordance with

the regulations.

(18) Section 318 of the Act is to be read as follows:

Preparation of equalized assessments

318(1) The Minister must prepare annually, in accordance with the

regulation, an equalized assessment for each municipality.

(2) For the purposes of determining the equalized assessment of

property that is taxable under

section 317(a), only the assessment

class for purposes of

section 353(2)(

b) is to be reflected in the

assessment of property that is taxable.

(19) The following is added after

section 325 of the Act:

Continuous bylaws

325.1 Bylaws enacted by the council under

section 297, 313 or

316.2 remain in force after the year in which they are enacted and

apply in respect of subsequent years, until they are repealed by the

council.

(20) Section 329 of the Act is to be renumbered as

section

329(1) and the following is added after subsection (1):

(2) Where a property has been assigned as

(

a) class 1 - residential for purposes of

section 353(2)(a), and

(

b) class 2 - non-residential for purposes of

section 353(2)(b),

the tax roll for that property must show both assessment

classifications.

(21) In

section 359 of the Act, subsection (2) is to be read as

follows:

(2) In calculating the tax rate required to raise sufficient revenue to

pay the requisitions, the City

(

a) must, notwithstanding any modification made by the City of

Edmonton Charter, 2018 Regulation, use the assessment

classes in

section 297(4) to determine the total assessment of

all property on which that tax rate is to be imposed, and

(

b) may include an allowance for non-collection of taxes at a rate

not exceeding the actual rate of taxes uncollected from the

previous year's tax levy as determined at the end of that year.

(22) The following is added after

section 369 of the Act:

Continuous bylaws

369.1 Bylaws enacted by the council under

section 369(1), 371 or

379 remain in force after the year in which they are enacted and

apply in respect of subsequent years, until they are repealed by the

council.

(23) Section 460.1 of the Act is to be read as follows:

Jurisdiction of assessment review boards

460.1(1) A local assessment review board has jurisdiction to hear

complaints about any matter referred to in

section 460(5) that is

shown on

(

a) an assessment notice for

(

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

(ii) farm land,

(

b) a tax notice other than a property tax notice.

(2) Subject to

section 460(14), a composite assessment review board

has jurisdiction to hear complaints about any matter referred to in

section 460(5) that is shown on an assessment notice for property

other than property described in subsection (1)(a).

(24) In

section 465 of the Act, the following is added after

subsection (3):

(4) A document or thing produced pursuant to this

section is

admissible as evidence in the hearing of the complaint.

(25) The following is added after

section 465 of the Act:

Order to allow entry and inspection

465.1(1) Where, in the opinion of a panel hearing a complaint in

respect of property lying within the municipal boundaries of the City,

a person has unreasonably refused to allow or has interfered with an

assessor's entry on or inspection of the property, the panel may order

the owner or occupier of the property to allow the assessor to enter

and inspect the property and may suspend the hearing until the entry

has been allowed and the inspection is complete.

(2) Information gathered during an inspection under subsection

(1) is admissible as evidence in the hearing of the complaint.

(3) Where an order under subsection (1) is not complied with within

30 days after being made, the panel may dismiss the complaint.

(26) In

section 467 of the Act, the following is added after

subsection (1):

(1.1) For greater certainty, the power to make a change under

subsection (1) includes the power to increase or decrease an assessed

value shown on an assessment roll or tax roll.

(27) The following is added before

section 476.1 of the Act:

Consultation process regarding

assessment complaints

476.01(1) This

section applies only to assessments of

(

a) non-residential property, and

(

b) residential property with more than 3 dwelling units.

(2) The council may by bylaw establish

(

a) an assessment consultation period of 30 days between the

valuation date and the date the assessment notice is sent, and

(

b) a complaint period of 30 days after the notice of assessment

date.

(3) A bylaw made under subsection (2) must specify the notification

process for the assessment consultation period and the information

that an assessor may share with the assessed person during the

consultation process, including, without limitation, information

about the property.

(4) An assessment notice sent in respect of a property must stipulate

the date by which a complaint must be made, which must be 30 days

after the notice of assessment date.

(5) This

section applies despite anything to the contrary in

section

284(4), 309 or 316.1(1).

(28) The following is added after

section 557 of the Act:

Affidavit evidence

557.1(1) In this section,

(a) "parking enforcement system" means a system that is used to

photograph a vehicle and identify the location of the vehicle

using a global positioning system and record that data

according to the date on which the photograph was taken;

(b) "photograph" means a photograph taken by a bylaw

enforcement officer, but does not include a photograph taken

as part of a parking enforcement system.

(2) In any proceedings under which a person is charged with failing

to comply with a provision of this Act, the Traffic Safety Act or a

bylaw made under this Act or the Traffic Safety Act,

(

a) the evidence of a bylaw enforcement officer in respect of

photographs taken for the purposes of establishing facts

relating to that contravention may be given by affidavit,

(

b) an affidavit referred to in clause (

a) must be sworn by the

bylaw enforcement officer who took the photographs, and

(

c) an affidavit referred to in clause (

a) is proof, in the absence

of evidence to the contrary, as to the facts stated in the

affidavit.

(3) In any proceedings in respect of a charge in respect of a vehicle

that has been parked in a manner that does not comply with a

parking bylaw made under the Traffic Safety Act,

(

a) the evidence of a bylaw enforcement officer involved in the

installation, operation, use or testing of a parking

enforcement system and the issuance of a violation ticket in

respect of that failure to comply may be given by affidavit,

and

(

b) an affidavit referred to in clause (

a) is proof, in the absence

of evidence to the contrary, of the facts stated in the affidavit.

(4) A copy of an affidavit made under this

section must

(

a) be served on the defendant at that person's address for

documents at least 30 days before the trial date, and

(

b) contain the City's address for documents,

and the affidavit is deemed to have been received on the day it was

sent.

(5) An affidavit made under this

section is not admissible in court

unless the applicable requirements of this

section have been met.

(6) The defendant may notify the City of the defendant's intent to

cross-examine the bylaw enforcement officer who made the

affidavit.

(7) A notice under subsection (6)

(

a) must be sent to the City's address for documents as indicated

on the copy of the affidavit sent by the City under subsection

(4), and

(

b) must be received by the City no later than 14 days before the

trial date.

(8) When the defendant makes an initial appearance to answer the

summons or offence notice, the defendant must provide an address

for documents, which must be

(

a) an Alberta mailing address, or

(

b) an electronic mailing address.

(9) If the defendant fails to provide an address for documents, or if

the defendant provides no notice to the City under subsection (6), a

justice shall

(

a) on application by a prosecutor, admit the affidavit referred to

in this

section in evidence,

(

b) prohibit the defendant from cross-examining the bylaw

enforcement officer who made the affidavit, and

(

c) proceed to conduct the trial.

(29) The following is added after

section 608 of the Act:

Bylaws for sending certain documents electronically

608.1(1) Despite

section 608, the council may by bylaw establish a

process for sending assessment notices, tax notices and other notices,

documents and information under

Part 9, 10 or 11 or the regulations

under

Part 9, 10 or 11 by electronic means.

(2) The council may by bylaw establish a process for sending forms

of notice under

section 156(8) of the School Act by electronic means.

(3) Before making a bylaw under this section, the council must be

satisfied that the proposed bylaw includes appropriate measures to

ensure the security and confidentiality of the documents and

information being sent.

(4) Before making a bylaw under this section, the council must give

notice of the proposed bylaw in a manner council considers is likely

to bring the proposed bylaw to the attention of substantially all

persons that would be affected by it.

(5) A bylaw under subsection (1) or (2) must provide for a method

by which persons may opt to receive the notice, document or

information by electronic means.

(6) The sending by electronic means of any notice, document or

information referred to in subsection (1) or (2) is valid only if the

person has opted under the bylaw to receive it by those means.

(30) The following is added after

Part 16 of the Act:

Part 16.1

Climate Change Mitigation and

Adaptation Plans

Definitions

615.3 In this Part,

(a) "climate change adaptation plan" means a plan under

section

615.5;

(b) "climate change mitigation plan" means a plan under

section

615.4.

Climate change mitigation plan

615.4(1) The City must, in accordance with this section, establish a

plan for the purpose of addressing and mitigating the effects of climate

change.

(2) A climate change mitigation plan must establish requirements for

regular public reporting respecting

(

a) initiatives undertaken by the City for the purpose of

(

i) improving the energy efficiency of City-owned

buildings, facilities and fleets of vehicles,

(ii) developing and encouraging the development of

renewable electricity, and

(iii) mitigating the effects of climate change,

(

b) the greenhouse gas emission levels of City-owned buildings,

facilities and fleets of vehicles,

(

c) any actions taken

(

i) for a purpose referred to in clause (a), or

(ii) to reduce the emission levels referred to in clause (b),

during the period to which the report relates, and any

progress made during that period,

and

(

d) the manner in which the City has taken matters referred to in

clauses (a), (

b) and (

c) into account in making decisions

during the period to which the report relates.

(3) A climate change mitigation plan may contain any provisions or

address any matters that the City considers necessary or desirable for a

purpose referred to in subsection (1).

(4) A climate change mitigation plan must be adopted by a resolution

of the council.

(5) A climate change mitigation plan must be reviewed no later than 5

years after it is established and at least once every 5 years thereafter.

(6) The results of a review must be advertised and public participation

must be provided for in accordance with the City's public participation

policy.

(7) On completion of a review, and after taking the public response

into consideration, a climate change mitigation plan may be updated as

the council considers appropriate.

(8) A climate change mitigation plan that is established or updated

under this

section must be published on the City's website or made

publicly available in another manner that the City considers likely to

bring it to the attention of substantially all residents of the City.

(9) The City must establish its first climate change mitigation plan on

or before December 31, 2020.

Climate change adaptation plan

615.5(1) In this section,

(a) "exposure" means the extent to which a system is exposed to

significant climatic variations or other effects of climate

change;

(b) "risk" means the combination of the probability of an effect

of climate change and the severity of its possible

consequences;

(c) "systems" includes human, animal and plant life,

environmental ecosystems and resources, roadways,

buildings and other infrastructure, human livelihoods,

services and economic, social and cultural activities;

(d) "vulnerability" means the degree to which a system is

susceptible to, and would be unable to cope with, climatic

variations or other effects of climate change.

(2) The City must, in accordance with this section, establish a plan

for adapting to effects of climate change.

(3) A climate change adaptation plan must

(

a) be based on an assessment of the exposure, risk and

vulnerability of systems within the City to effects of climate

change over the short, medium and long term,

(

b) set out or summarize the assessment referred to in clause (a),

and

(

c) identify actions that will be taken to address the effects

referred to in clause (a).

(4) Actions identified under subsection (3)(

c) may include actions to

be taken respecting

(

a) asset management,

(

b) use of climate-resilient infrastructure,

(

c) stormwater management,

(

d) flood preparedness,

(

e) City-owned and City-operated energy and utility cables,

(

f) water and sanitation,

(

g) public safety,

(

h) health and social resilience,

(

i) biodiversity management,

(

j) invasive species, or

(

k) any other matter the council considers appropriate.

(5) In addition to the matters referred to in subsection (3), a climate

change adaptation plan may address any other matters as the council

considers appropriate.

(6) A climate change adaptation plan must be adopted by a

resolution of the council.

(7) A climate change adaptation plan must be reviewed no later than

5 years after it is established and at least once every 5 years

thereafter.

(8) The results of a review must be advertised and public

participation must be provided for in accordance with the City's

public participation policy.

(9) On completion of a review, and after taking the public response

into consideration, the council may update the climate change

adaptation plan as the council considers appropriate.

(10) A climate change adaptation plan that is established or updated

under this

section must be published on the City's website or made

publicly available in another manner that the City considers likely to

bring it to the attention of substantially all residents of the City.

(11) The City must establish its first climate change adaptation plan

on or before December 31, 2020.

(31) In

section 616 of the Act, clause (dd) is to be read as

follows:

(dd) "statutory plan" means

(

i) an intermunicipal development plan,

(ii) a municipal development plan,

(iii) an area structure plan,

(iv) an area redevelopment plan, and

(

v) an additional statutory plan under

section 635.1

adopted by the City under Division 4;

(32) Section 617(

b) of the Act is to be read as follows:

(

b) to maintain and improve the quality of the physical

environment within which patterns of human settlement are

situated within the boundaries of the City, including the

promotion of environmental sustainability and stewardship,

(33) The following is added after

section 635 of the Act:

Additional statutory plans

635.1(1) The City may by bylaw adopt one or more additional

statutory plans.

(2) An additional statutory plan referred to in subsection (1) must

(

a) indicate the name of the statutory plan,

(

b) describe the contents of the statutory plan, and

(

c) indicate how the statutory plan is consistent with the City's

other statutory plans.

(3) An additional statutory plan referred to in subsection (1) must be

consistent with

(

a) any intermunicipal development plan in respect of land that

is identified in both the statutory plan and the intermunicipal

development plan,

(

b) any municipal development plan,

(

c) any area structure plan in respect of land that is identified in

both the statutory plan and the area structure plan, and

(

d) any area redevelopment plan in respect of land that is

identified in both the statutory plan and the area

redevelopment plan.

(34) Section 636(1)(

h) is to be read as follows:

(

h) in the case of an area structure plan or an additional statutory

plan adopted by the City under

section 635.1, where the land

that is the subject of the plan is adjacent to an Indian reserve

or Metis settlement, notify the Indian band or Metis

settlement of the plan preparation and provide opportunities

for that Indian band or Metis settlement to make suggestions

and representations.

(35) In

section 640 of the Act,

(a) subsections (1) and (2) are to be read as follows:

Land use bylaw

640(1) A City land use bylaw may prohibit or regulate and

control the use and development of land and buildings in the

City in any manner the council considers necessary.

(2) A City land use bylaw

(

a) must divide the City into districts of the number and

area the council considers appropriate;

(

b) must prescribe, except in respect of any direct control

districts designated pursuant to

section 641,

(

i) the use or uses of land or buildings that are

permitted in one or more districts as specified in

the bylaw, with or without conditions, or

(ii) the use or uses of land or buildings that may, at the

discretion of the development authority, be

permitted in one or more districts as specified in

the bylaw, with or without conditions,

or both;

(

c) must establish a method of making decisions on

applications for development permits and issuing

development permits for any development, including

provision for

(

i) the types of development permit that may be

issued,

(ii) applying for a development permit,

(iii) processing an application for, or issuing,

cancelling, suspending or refusing to issue, a

development permit,

(iv) the conditions that are to be attached, or that the

development authority may attach, to a

development permit, either generally or with

respect to a specific type of permit,

(

v) how long any type of development permit remains

in effect,

(vi) the discretion that the development authority may

exercise with respect to development permits, and

(vii) any other matters necessary to regulate and control

the issue of development permits that to the

council appear necessary.

(

b) the following is added after subsection (2):

(2.1) Despite subsections (1) and (2), in the event of a conflict

or inconsistency between a land use bylaw respecting the

development of buildings within a specified area around an

airport and a regulation made under

section 693, or between a

land use bylaw and a regulation made under

section 694 of the

Act, the regulation prevails to the extent of the conflict or

inconsistency.

(2.2) The City may, in its land use bylaw, make any or all of

the following modifications to the Subdivision and

Development Regulation (AR 43/2002) for the purposes of

applying that Regulation to the City:

(

a) a modification to the definition of "food establishment"

in the Regulation;

(

b) a modification adding a definition of "hospital" to the

Regulation;

(

c) a modification adding a definition of "school" to the

Regulation.

(36) The following is added after

section 651.2 of the Act:

Affordable housing agreements

651.3(1) The City may enter into an agreement with the registered

owner of a parcel of land respecting one or more of the following:

(

a) subject to subsection (3), the use and occupancy of

residential housing units that are or will be located on the

land;

(

b) the form of tenure of the residential housing units;

(

c) the availability of the residential housing units to classes of

persons described in the agreement;

(

d) the administration and management of the residential housing

units, including, without limitation, the manner in which the

units are to be made available to persons within the classes

referred to in clause (c);

(

e) amounts of rents, lease payments and sale prices that may be

charged in respect of the residential housing units and the

rates at which these may be increased over time.

(2) Subject to this section, the agreement may contain any other

(3) An agreement under this

section is unenforceable to the extent of

any conflict with applicable use or density provisions of the City's

land use bylaw.

(4) The term of an agreement under this

section must not exceed the

expected lifespan of the building, as agreed on by the parties and

specified in the agreement at the time it is first entered into, or 40

years, whichever is shorter.

(5) Any amendment to an agreement under this

section must be

agreed to in writing by the City and the person who, at the time of

the amendment, is the registered owner of the parcel of land.

(6) An agreement under this

section creates an interest in favour of

the City in the land that is the subject of the agreement, and the

interest is deemed to be a condition running with and capable of

being legally annexed to the land.

(7) Despite the Land Titles Act or any other enactment, the City may

register a caveat under the Land Titles Act in respect of an agreement

under this section.

(8) A caveat registered pursuant to subsection (7)

(

a) shall be registered against the certificate of title to the parcel

of land

(

i) that is the subject of the agreement, and

(ii) that was issued to the person who entered into the

agreement with the City,

and

(

b) may be discharged only by the City or an order of a court.

(9) Despite the Land Titles Act or any other enactment, after

registration of a caveat under subsection (7), the agreement,

including any amendments made in accordance with subsection (5),

is binding according to its terms on all persons subsequently

acquiring an interest in the parcel of land that is the subject of the

agreement.

(37) In

section 665 of the Act, the following is added after

subsection (3):

(4) For greater certainty, where a bylaw of the council requires that

land be designated as environmental reserve, the designation

becomes effective on the day the Registrar issues a new certificate of

title for the land under subsection (2)(c).

(38) In

section 692 of the Act, in subsection (1) the

following is added after clause (d):

(d.1) a proposed bylaw to adopt an additional statutory plan under

section 635.1,

(39) The following is added after

section 708.52 of the Act:

Part 17.3

Administrative Penalties

Purpose

708.53 The purpose of this

Part is to give the City the authority to

process and resolve parking and transit contraventions of its bylaws

using an administrative penalty system.

Definitions

708.54 In this Part,

(a) "administrative penalties bylaw" means a bylaw establishing

a system of administrative penalties as described in

section

708.56;

(b) "appellant" means a person who files an appeal;

(c) "hearing officer" means a hearing officer appointed under the

administrative penalties bylaw as a hearing officer;

(d) "notice" means a notice of administrative penalty under

section 708.57;

(e) "tribunal" means the administrative tribunal established by

bylaw made under this Part.

Division 1

Administrative Penalties

Authority to impose administrative penalties

708.55 The City may, in accordance with this Part, issue notices and

require administrative penalties to be paid in respect of

(

a) a contravention of a bylaw made by the City pursuant to

section 708.56(1),

(

b) riding a transit vehicle without

(

i) valid proof of payment, or

(ii) tendering payment,

(

c) entering or remaining in a restricted fare area without valid

proof of payment.

Bylaw must be passed

708.56(1) The City may issue notices and require administrative

penalties to be paid only if it first passes an administrative penalties

bylaw that

(

a) establishes contraventions in respect of the parking of

vehicles,

(

b) designates transit vehicles and restricted fare areas for the

purposes of

section 708.55,

(

c) establishes administrative penalty amounts for each

contravention, which must not exceed $1000, either

(

i) as a combination of a base amount and an additional

amount for one or more factors set out in the bylaw, or

(ii) as a total amount,

(

d) designates the employees or a class of employees of the City

who may issue notices subject to any conditions determined

by the council, and provide for the means of identification of

those employees,

(

e) sets the period within which a person may pay the

administrative penalty or file an appeal, subject to

section

708.61(2),

(

f) establishes an appeal tribunal consisting of hearing officers

for the purposes of hearing appeals of administrative

penalties,

(

g) provides for the appointment of hearing officers, including

their qualifications,

(

h) provides for the manner and form for the filing of appeals,

(

i) establishes rules of procedure for the hearing of appeals,

including procedures to allow the appellant

(

i) to obtain all of the City's evidence with respect to the

administrative penalty,

(ii) to respond to the City's evidence,

(iii) to answer all allegations made against the appellant,

(iv) to attend the appeal in person if the appellant so

requests and pays the requisite fee, and

(

v) to be represented by a lawyer or other agent,

and

(

j) establishes procedures to return the appeal fee, if any, to the

appellant if the appellant's appeal is successful.

(2) An administrative penalties bylaw may also provide for the

following:

(

a) factors that provide for additional amounts of administrative

penalties under subsection (1)(c)(i);

(

b) an early payment discount for administrative penalties;

(

c) compassionate grounds on which a hearing officer is

authorized to cancel a notice under

section 708.71;

(

d) further information to be contained on a notice in addition to

the information required under

section 708.57(2);

(

e) alternative methods of service for the purposes of

section

708.6(1)(d);

(

f) the charging of a single fee as may be required under

section

708.66;

(

g) alternative administrative measures that a hearing officer

may require in lieu of payment of an administrative penalty.

Notice of administrative penalty

708.57(1) A designated employee may complete and issue a notice of

administrative penalty to a person against whom a designated bylaw

contravention is alleged.

(2) A notice must set out the following information:

(

a) the provision of the bylaw the person has contravened;

(

b) a brief description of the nature of the contravention

identified under clause (a);

(

c) the amount of the administrative penalty imposed;

(

d) the date the notice is issued;

(

e) the date by which the administrative penalty must be paid or

appealed;

(

f) a statement describing the right of a person on whom the

administrative penalty is imposed to appeal the

administrative penalty, how the appeal is to be made and the

date by which the appeal must be filed;

(

g) any further information required by bylaw.

(3) A notice must be issued to a named person unless it is issued for a

bylaw respecting the parking of a vehicle, in which case the notice

must set out the vehicle's licence plate if it has one or, if it does not,

the vehicle's identification number.

(4) Where a designated employee serves a notice by personal delivery,

the designated employee must, on request by the person served with

the notice, produce identification provided by the City.

Vehicle owner liable

708.58 When a notice respecting the parking of a vehicle is

delivered in accordance with

section 708.6, the owner of the vehicle

indicated in the records of the Registrar of Motor Vehicle Services

under the Traffic Safety Act is liable to pay the administrative penalty

set out in the notice.

Limitation period

708.59 A notice must not be issued more than 2 years from the date

on which the contravention for which it is issued is alleged to have

occurred.

Delivery of notice of administrative penalty

708.6(1) A notice must be delivered in one of the following ways:

(

a) by personal delivery;

(

b) if the notice is in respect of the parking of a vehicle, by

leaving the notice on the vehicle;

(

c) by mailing a copy of the notice by regular mail to the

person's address as shown on the records of the Registrar of

Motor Vehicle Services under the Traffic Safety Act or as

shown in the records of an official of a jurisdiction other than

Alberta who is registrar of motor vehicles or performs a

function for that jurisdiction similar to the function that the

Registrar of Motor Vehicle Services performs for Alberta;

(

d) any other method of delivery provided for in the

administrative penalties bylaw.

(2) Where a notice is left on a vehicle in accordance with subsection

(1)(b), the notice is deemed to have been delivered to the vehicle

owner of the vehicle on the day it is left.

(3) Where a notice is mailed to a person in accordance with subsection

(1), that notice is, in the absence of evidence to the contrary, deemed to

have been served on the person on the 7th day from the date of

mailing, except that if the notice is mailed to an address outside

Alberta, that notice is, in the absence of evidence to the contrary,

deemed to have been served on the person on the 14th day from the

date of mailing.

Responding to penalty notice

708.61(1) A person to whom a notice is delivered may, within the

period set by the administrative penalties bylaw and in accordance

with the instructions on the notice,

(

a) pay the administrative penalty, or

(

b) file an appeal.

(2) The period to respond to a notice under subsection (1) must not be

less than 21 days after the date the notice is delivered in accordance

with

section 708.6.

Protection from prosecution

708.62 A person who pays an administrative penalty in respect of a

contravention shall not be charged with an offence in respect of the

same act or omission that is described in the notice.

Division 2

Administrative Tribunal

Establishment of tribunal

708.63(1) Where an administrative tribunal is established by an

administrative penalties bylaw, the council shall appoint an appropriate

number of hearing officers.

(2) A hearing officer appointment must

(

a) be for a term of not less than 3 years, and

(

b) establish the remuneration and benefits to be paid to the

hearing officer for the duration of the term.

(3) A hearing officer is eligible to be reappointed.

(4) Where the council is appointing hearing officers, it must consider

appointments that

(

a) avoid perception of patronage or conflicts of interest or bias,

(

b) encourage diversity and competency, and

(

c) are likely to result in consistency in decision making.

(5) The council shall not appoint a former City employee at any time

before the expiry of one year after the person ceases to be employed by

the City.

(6) One hearing officer must be designated by the council as the chief

hearing officer, for a term determined by the council.

(7) The chief hearing officer may designate another hearing officer to

be the deputy chief hearing officer to act during the chief hearing

officer's absence or incapacity, and the deputy chief hearing officer

has all of the powers of the chief hearing officer.

(8) The chief hearing officer may

(

a) designate hearing officers to hear cases,

(

b) administer the tribunal, directing the administrative work of

the tribunal, and

(

c) report to the council on the activities of the tribunal.

(9) A hearing officer may resign from being a hearing officer by

giving a written notice signed by the hearing officer that includes the

effective date of the resignation to

(

a) the chief hearing officer, in the case of a hearing officer other

than the chief hearing officer, or

(

b) the chief administrative officer of the City, in the case of the

chief hearing officer.

(10) Subject to subsection (12), where a hearing officer's term ends

and the hearing officer has not made a decision or an order in a matter

fully heard by the hearing officer, the former hearing officer may,

within 3 months after the end of the term, continue to make decisions

and orders as if the former hearing officer were still a hearing officer,

and such decisions and orders have the same effect as if made by a

hearing officer.

(11) Hearing officers are independent of the chief administrative

officer and may not exercise any of the powers of hearing officers until

they take the oath set out in

section 2 of the Oaths of Office Act.

(12) Hearing officers may not be dismissed except

(

a) by the chief hearing officer, in the case of a hearing officer

other than the chief hearing officer, or

(

b) by the council, in the case of the chief hearing officer,

for conduct unbecoming a hearing officer.

(13) It is conduct unbecoming a hearing officer for a hearing officer

(

a) to hear an appeal filed by an appellant to which the hearing

officer has a familial or close personal relationship,

(

b) to perform work for the City as an employee or contractor

other than as a hearing officer,

(

c) to receive any compensation from the City other than

remuneration and benefits as a hearing officer,

(

d) to work in any other field or receive compensation that

conflicts or appears to conflict with the responsibility to be

an impartial hearing officer, or

(

e) to otherwise act, or fail to act, in a way such that public

confidence in the tribunal would be undermined if the person

continued to hold the position of a hearing officer.

Staff

708.64 The City may designate staff to work for the tribunal.

Filing appeal

708.65(1) Where an appeal is filed, an appellant must ensure

(

a) the appeal is in the form and contains the content required by

the administrative penalties bylaw,

(

b) the appellant provides an address for service, which must be

either

(

i) a municipal mailing address in Alberta, or

(ii) an electronic mailing address,

and

(

c) if required by the administrative penalties bylaw, the required

fee is paid.

(2) Where an appeal does not meet the requirements of subsection (1),

a hearing officer may, without a hearing, dismiss the appeal, or require

the appellant to complete the appeal in accordance with the

requirements of subsection (1) within a period of time set by the

hearing officer.

(3) A hearing officer may dismiss an appeal without a hearing where

(

a) the notice of appeal is not substantially complete, including

instances where the appellant has not provided an address for

service,

(

b) the notice of appeal is not filed in time,

(

c) the filing fee is not paid, if it is required by the administrative

penalties bylaw, or

(

d) the subject-matter of the appeal is not properly before the

tribunal.

Appeal fee

708.66(1) The City may, by bylaw, establish a fee for filing an

appeal, holding a hearing, or any other service related to an appeal.

(2) The City must establish only one fee for any or all services

provided under subsection (1).

(3) The amount of the fee may not exceed $50.

Procedure on appeal

708.67 Subject to this Part, an appeal must proceed in accordance

with the procedures set out in the administrative penalties bylaw.

Affidavit evidence

708.68(1) In this section,

(a) "parking enforcement system" means a system that is used to

photograph a vehicle and identify the location of the vehicle

using a global positioning system and record that data

according to the date on which the photograph was taken;

(b) "photograph" means a photograph taken by a bylaw

enforcement officer, but does not include a photograph taken

as part of a parking enforcement system.

(2) Where permitted by bylaw under

section 708.56(1), in a hearing of

an appeal of an administrative penalty issued under

section 708.55, the

evidence of a designated employee

(

a) in respect of photographs taken, or

(

b) involved in the installation, operation, use or testing of a

parking enforcement system,

for the purposes of establishing facts relating to the contravention for

which the administrative penalty was issued, may be given by

affidavit.

(3) An affidavit referred to in subsection (2) must be sworn by the

designated employee who took the photographs.

(4) An affidavit referred to in subsection (2) is, in the absence of

evidence to the contrary, proof as to the facts stated in the affidavit.

(5) A copy of an affidavit made for use under this

section must

(

a) be served on the appellant at that person's address for service

at least 30 days before the hearing date, and

(

b) contain the City's address for service,

and the affidavit is deemed to have been received on the day it was

sent.

(6) An affidavit made under this

section is not admissible in a hearing

unless the applicable requirements of this

section have been met.

(7) The appellant may notify the municipality of the appellant's intent

to cross-examine the designated employee who made the affidavit.

(8) A notice under subsection (7) must be

(

a) sent to the municipality's address for service as indicated on

the copy of the affidavit sent by the municipality under

subsection (5), and

(

b) received no later than 14 days before the hearing date.

(9) If the appellant does not provide a notice to the municipality under

subsection (8), and the hearing officer has not otherwise dismissed the

appeal under

section 708.65(3), a hearing officer shall

(

a) on application by the City, admit the affidavit referred to in

this

section in evidence,

(

b) prohibit the appellant from cross-examining the designated

employee who made the affidavit, and

(

c) proceed to conduct the hearing.

Failure to decide

708.69 If an appeal is filed and not heard within 6 months and the

delay is not caused by the appellant, the administrative penalty must be

cancelled.

Jurisdiction

708.7(1) The tribunal may hear and decide all matters respecting

procedure and jurisdiction relating to an appeal.

(2) For greater certainty, the tribunal may not hear any matter relating

(

a) an appeal filed after the deadline for filing an appeal,

(

b) the registration of a vehicle, or

(

c) the issuance of an operator's licence.

(3) The tribunal is a "decision maker" for the purposes of

section 11

of the Administrative Procedures and Jurisdiction Act.

Decision re penalty

708.71(1) After an appeal, the hearing officer must

(

a) order that the administrative penalty set out in the notice is

due and payable to the municipality within the time

determined by the hearing officer,

(

b) order that a reduced penalty is immediately due and payable

to the municipality within the time determined by the hearing

officer, if there are grounds for doing so in accordance with

the administrative penalties bylaw,

(

c) cancel the penalty notice if, in the hearing officer's opinion,

(

i) the contravention did not occur as alleged,

(ii) the notice does not comply with

section 708.57 or any

other requirement under this Part, or

(iii) a compassionate ground for cancellation authorized

under the administrative penalties bylaw exists,

(

d) order that an alternative administrative remedy is to be

performed by a particular date, if the bylaw provides for an

alternative remedy, failing which the administrative penalty

must be paid by the date set by the hearing officer.

(2) The decisions and orders of the tribunal must be issued in writing,

and a copy must be given to the appellant and to the municipality.

(3) Reasons of the tribunal may be issued orally or in writing.

(4) A party to an appeal may ask the tribunal for written reasons at the

time of the decision.

(5) The chief hearing officer may publish decisions, orders and

reasons of the tribunal in any manner the chief hearing officer

considers appropriate.

(6) No costs may be awarded against any person in respect of an

appeal.

Fee if appeal successful

708.72(1) If the administrative penalties bylaw requires a person

filing an appeal to pay a fee, the hearing officer must order the fee to

be refunded if the appellant is successful in the appeal.

(2) An appellant is successful in an appeal when

(

a) the circumstances in

section 708.71(1)(

c) or (

d) have

occurred, or

(

b) the administrative penalty is cancelled pursuant to

section

708.69.

Enforcement

708.73(1) If an administrative penalty is not paid within 15 days after

the date that it becomes due and payable to the City, the City has the

right to enforce payment of the amount in default in accordance with

this section.

(2) The City may file a certificate of default in a court of competent

jurisdiction and, once filed, the certificate is deemed to be an order of

the court and may be enforced in the same manner as an order of the

court.

(3) One certificate of default may be filed with the court in respect of

2 or more administrative penalties imposed on the same person.

(4) If, after a certificate of default has been filed with the court, every

penalty to which the certificate relates is paid in full, the City must

(

a) notify the court in writing, and

(

b) if a writ of enforcement has been filed with a sheriff, notify

the sheriff in writing.

Restriction of services

708.74 Notwithstanding anything in this Act, where a person has not

paid an administrative penalty levied against that person, the Registrar

of Motor Vehicle Services under the Traffic Safety Act may, in respect

of that person, refuse to perform that function or service or to issue,

renew or otherwise deal with any motor vehicle document or other

document until the administrative penalty is paid.

Judicial review

708.75(1) An application for judicial review of a hearing officer's

decision, act or order must be filed and served not later than 60 days

from the date of the decision, act or order.

(2) If an application for judicial review is made under subsection (1),

the Court of Queen's Bench may stay the hearing officer's decision,

act or order until the Court makes a decision on the application.

(3) Notice of an application for judicial review of a decision referred

to in subsection (1) must be given to

(

a) the tribunal, and

(

b) all parties to the hearing before the tribunal other than an

applicant for the judicial review.

(4) If a potential applicant for judicial review of a tribunal decision

makes a written request for materials to the tribunal for the purposes of

the application, the tribunal must provide the materials requested

within 21 days from the date on which the written request is served.

(5) Where a tribunal decision is the subject of an application for

judicial review, the tribunal must, within 30 days from the date on

which the tribunal is served with the application, forward to the clerk

of the Court of Queen's Bench the certified record of proceedings

prepared under

Part 3 of the Alberta Rules of Court.

(6) All decisions of the Court of Queen's Bench arising from judicial

review proceedings relating to the tribunal's decisions, acts and orders,

including transcripts of oral decisions of the Court, must be served on

the Minister by the applicant for judicial review.

(7) No hearing officer is liable for costs by reason of or in respect of a

judicial review under this Part.

Funds collected from administrative penalties

708.76 All funds collected from administrative penalties must be

deposited in the City's general revenue fund.

Collection and use of information

708.77 Any information that is collected by the City under this

Part may be used by the City for any purpose referred to in

section 3.

Modification of regulations

5(1) This

section modifies regulations under the Act as

they are to be read for the purposes of being applied to the

City.

(2) In the Community Organization Property Tax Exemption

Regulation (AR 281/98), in

section 17, the following is added

after subsection (3):

(4) Despite subsection (3), the council may by bylaw waive the

application requirement under subsection (1) in respect of a

property for the number of consecutive taxation years specified in

the bylaw, which must not exceed 5 consecutive taxation years.

(3) In the Matters Relating to Assessment Complaints

Regulation, 2018,

(

a) the following is added after

section 1:

Disclosure period

1.1(1) For the purposes of

section 5(2)(a), the disclosure

period is the period commencing on the day the clerk gives the

notifications under

section 4(

c) and ending on the day that is 7

days before the hearing date.

(2) Where the application of subsection (1) would result in a

disclosure period consisting of an uneven number of days, the

first half of the disclosure period, as referred to in

section

5(2)(a), is to be lengthened by one day.

(3) For the purposes of

section 9(2)(a), the disclosure period is

the period commencing on the day the clerk gives the

notifications under

section 8(

d) and ending on the day that is

14 days before the hearing date.

(4) Where the application of subsection (3) would result in a

disclosure period consisting of an uneven number of days, the

first half of the disclosure period, as referred to in

section

9(2)(b), is to be lengthened by one day.

(

b) in

section 5(2)(a), the portion preceding subclause

(

i) is to be read as follows:

(

a) the complainant must, before the first half of the

disclosure period elapses,

(

c) in

section 9(2)(a), the portion preceding subclause

(

i) is to be read as follows:

(

a) the complainant must, before the first half of the

disclosure period elapses,

(4) In the Subdivision and Development Regulation

(AR 43/2002),

(

a) the following is added after

section 4(5):

(6) Despite anything in this section, the City may, in its land

use bylaw, vary or add to the subdivision application

requirements set out in this section.

(

b) section 7 is to be read as

section 7(1), and the

following is added after subsection (1):

(2) In addition to the considerations described in subsection

(1)(

a) to (i), the subdivision authority must consider any other

matter provided for in the City's land use bylaw, for the

purposes of this section.

(c)

section 12(5) is to be read as follows:

(5) The City may by bylaw authorize a subdivision authority

or a development authority to vary the requirements contained

in subsections (2) to (4).

(5.1) If no bylaw under subsection (5) authorizes a subdivision

authority or a development authority to vary the requirements

contained in subsections (2) to (4), the requirements may be

varied by the subdivision authority with the written consent of

the Deputy Minister of Environment and Parks.

(d)

section 13(5) is to be read as follows:

(5) The City may by bylaw authorize a subdivision authority

or a development authority to vary the requirements contained

in subsections (1) to (4).

(5.1) If no bylaw under subsection (5) authorizes a subdivision

authority or a development authority to vary the requirements

contained in subsections (1) to (4), the requirements may be

varied by the subdivision authority with the written consent of

the Deputy Minister of Environment and Parks.

Traffic Safety Act

Modification of Traffic Safety Act

6(1) This

section modifies the Traffic Safety Act as it is to

be read for the purposes of being applied to the City.

(2) In

section 13 of the Traffic Safety Act, the following is

added after subsection (2):

(3) Nothing in this Act prohibits the council from making a bylaw

allowing for variable speed limit signage, as defined in the bylaw,

with respect to a highway under its direction, control and

management.

(3) The following is added after

section 13 of the Traffic

Safety Act:

Specific powers of the City

13.1(1) Despite anything to the contrary in this Act or the

regulations, the council may make bylaws in respect of the following

matters:

(

a) the use of cross bike treatments, particularly when cyclists

are exiting multi-use pathways and entering a highway;

(

b) the use of cycle tracks on the left side of a highway beyond

providing space for left turns;

(

c) the use of separate hand signals for cyclists;

(

d) signage requirements in respect of cyclists;

(

e) requirements for drivers to allow adequate space for cyclists;

(

f) parking adjacent to painted curbs.

(2) A bylaw made pursuant to subsection (1) must identify any

provision of the Act and the regulations that the bylaw is modifying.

(4) The following is added after

section 106 of the Traffic

Safety Act:

Exception

106.1(1) Despite

section 106(c), the council may by bylaw

establish a speed limit for a highway located within an urban area

that is different from the speed limit referred to in

section 106(c).

(2) A bylaw made under subsection (1) must provide for the giving

of public notice of a speed limit for a highway located within an

urban area before the speed limit becomes effective.

Other Enactments

Modification of other Acts

7(1) This

section modifies those Acts referred to in this

section as they are to be read for the purposes of being

applied to the City.

(2) In the Safety Codes Act, in

section 66, the following is

added after subsection (3):

(4) Notwithstanding subsection (1), the City may make bylaws

relating to environmental matters, including, without limitation,

matters relating to energy consumption and heat retention, but only

to the extent those bylaws are consistent with all regulations made

under this

section and

section 65.01 and all codes declared in force

by those regulations.

(3) In the School Act, in

section 156, the following is added

after subsection (8):

(8.1) A form of notice required to be sent under subsection (8)(

a) or

(

b) may be sent in accordance with a bylaw under

section 608.1(2) of

the Municipal Government Act.

(4) Section 26(3) of the Weed Control Act does not apply to

the City.

Modification of other regulations

8(1) This

section modifies those regulations referred to in

this

section as they are to be read for the purposes of being

applied to the City.

(2) In the Permit Regulation (AR 204/2007), in

section 26,

the following is added after clause (c):

(c.1) the undertaking for which the permit would be or has been

issued does not meet the requirements of a bylaw made under

section 66(4) of the Act,

(3) In the Use of Highway and Rules of the Road Regulation

(AR 304/2002),

(

a) the following is added after

section 42:

Yielding to transit buses

42.1(1) A person driving a vehicle on a roadway shall, on

overtaking a municipal transit bus, yield the right of way to the

municipal transit bus if

(

a) the municipal transit bus displays a sign requiring the

driver of a vehicle to yield to the municipal transit bus,

(

b) the municipal transit bus driver has signalled an

intention to move left into the roadway by turning on

the bus's left turn signal, and

(

c) it is reasonably safe for the person driving the vehicle to

yield the right of way.

(2) Subsection (1) applies if, at the point on the roadway where

the driver of the vehicle overtakes the municipal transit bus, the

applicable speed limit is not more than 60 kilometres per hour.

(3) Despite subsection (1), a municipal transit bus driver must

not move a bus into the roadway unless it is reasonably safe to

do so.

(b)

section 46(1) and (2) are to be read as follows:

Angle parking

46(1) When

required, and

(

b) parking guidelines are visible on the roadway,

a person may only park a vehicle with the vehicle's sides

between and parallel to any 2 of the guidelines and

(

c) a wheel of the vehicle not more than 500 millimetres

from the curb or edge of the roadway, and

(

d) the vehicle angled in the direction of travel authorized

for the traffic lane that is adjacent to the lane on which

the vehicle is parked.

(2) When

required, and

(

b) no parking guidelines are visible on the roadway,

a person may only park a vehicle with the vehicle's sides at an

angle of between 30 and 60 degrees to the curb or edge of the

roadway and

(

c) a wheel of the vehicle not more than 500 millimetres

from the curb or edge of the roadway, and

(

d) the vehicle angled in the direction of travel authorized

for the traffic lane that is adjacent to the lane on which

the vehicle is parked.

(4) Section 9(4) of the Weed Control Regulation

(AR 19/2010) does not apply to the City.

General

Public hearing requirement

9(1) The council must, before giving second reading to a proposed

bylaw under the authority provided by sections 4 to 8, hold a public

hearing in respect of the proposed bylaw in accordance with

section

230 of the Act, after giving notice of it in accordance with

section 606

of the Act.

(2) Notwithstanding subsection (1), there is no requirement for a

public notice or hearing for any bylaw made under

section 4(4).

Publication requirement

10(1) All bylaws made under the authority provided by sections 4 to 8

must be published on the City's website within 30 days after being

passed.

(2) A bylaw referred to in subsection (1) has no effect until after it is

published.

(3) When publishing a bylaw under subsection (1), the City must state

on its website the date on which the bylaw is being published and, in

the absence of evidence to the contrary, that date is deemed to be the

date the bylaw was published.

(4) The title of a bylaw referred to in subsection (1) must include the

words "Charter Bylaw".

(5) For greater certainty, this

section does not apply in respect of a

consolidation of bylaws under

section 69 of the Act.

Coming into force

11(1) Subject to subsection (2), this Regulation has application on and

after January 1, 2018.

(2) Section 8(3)(

b) has application on and after a day to be specified in

a bylaw of the City under the Traffic Safety Act.

--------------------------------

Alberta Regulation 40/2018

Municipal Government Act

CITY OF CALGARY CHARTER, 2018 REGULATION

Filed: April 4, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 082/2018)

on April 4, 2018 pursuant to

section 141.3 of the Municipal Government Act.

Table of Contents

Interpretation

2 Establishment of charter

3 Enactments continue to apply

Municipal Government Act

4 Modification of Act

5 Modification of regulations

Traffic Safety Act

6 Modification of Traffic Safety Act

Other Enactments

7 Modification of other Acts

8 Modification of other regulations

General

9 Public hearing requirement

10 Publication requirement

11 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "City" means the City of Calgary;

(c) "municipality" means a municipality as defined in the Act.

(2) A reference to a "city" in a provision of an enactment that is

modified by this Regulation is to be read as a reference to the City of

Calgary.

Establishment of charter

2 The City of Calgary Charter, 2018 is established by this Regulation.

Enactments continue to apply

3 Except as otherwise provided by this Regulation, all enactments

that apply to a municipality continue to apply to the City.

Municipal Government Act

Modification of Act

4(1) This

section modifies the Act as it is to be read for the

purposes of being applied to the City.

(2) Section 7 of the Act is to be renumbered as

section 7(1),

and

(

a) in subsection (1),

(

i) the following is added after clause (h):

(h.1) the well-being of the environment, including

bylaws providing for the creation, implementation

and management of programs respecting any or all

of the following:

(

i) contaminated, vacant, derelict or

under-utilized sites;

(ii) climate change adaptation and greenhouse

gas emission reduction;

(iii) environmental conservation and stewardship;

(iv) the protection of biodiversity and habitat;

(

v) the conservation and efficient use of energy;

(vi) waste reduction, diversion, recycling and

management;

(ii) in clause (i),

(

A) subclause (ii) is to be read as follows:

(ii) for each offence, imposing imprisonment for

not more than one year or a fine not

exceeding

(A) $100 000, in the case of an offence that

is designated as an egregious offence

under subclause (ii.1), or

(B) $10 000, in the case of any other

offence,

or both;

(

B) the following is added after subclause (ii):

(ii.1) the designation, in accordance with

subsection (2), of offences that are egregious

offences for the purposes of subclause (ii)(A);

(

b) the following is added after subsection (1):

(2) The council may designate an offence as an egregious

offence for the purposes of subsection (1)(i)(ii)(

A) if, in the

opinion of the council, a maximum fine of $10 000 would be

(

a) insufficient to deter others from committing the offence,

due to the amount of profit that could potentially be

realized as a result of committing the offence,

(

b) insufficient, having regard to the magnitude or extent of

harm that the offence causes or may cause to the public

or any person, or

(

c) insufficient, having regard to the inherent nature of the

offence.

(3) In

section 8 of the Act, the following is added after

clause (d):

(

e) reduce or stagger the hours within the hours specified under

Schedule 3 of the Gaming and Liquor Regulation

(AR 143/96) during which liquor may be sold or provided in

licensed premises.

(4) The following is added after

section 8 of the Act:

Bylaws may be passed for any municipal purpose

8.1 Without restricting the generality of sections 7 and 8, the

council may pass a bylaw for any municipal purpose set out in

section 3.

(5) In

section 203 of the Act

(a) subsection (1) is to be read as follows:

Delegation by council

203(1) The council may by bylaw delegate any of its powers,

duties or functions under this or any other enactment or bylaw to

any person or individual unless an enactment or bylaw provides

otherwise.

(b) subsection (2)(

d) is to be read as follows:

(

d) its power with respect to taxes under

section 347, except

where the total amount to be cancelled, reduced,

refunded or deferred under

section 347(1)(a), (

b) and (

c) by the City in a taxation year does not exceed $500 000,

and

(6) Sections 242 and 243 of the Act do not apply to the City.

(7) Section 244 of the Act is to be read as follows:

Financial shortfall

244 The City may project an operating deficit but the budget for

the following year must provide for expenditures to cover the deficit

over the next 3 years.

(8) Sections 245 and 246 of the Act do not apply to the City.

(9) Section 247 of the Act is to be read as follows:

Tax bylaws

247 The City may not pass a property tax bylaw or business tax

rate bylaw in respect of a year unless the annual budget for that year

has been adopted by the council.

(10) Section 248(3) of the Act does not apply to the City.

(11) In

section 264 of the Act,

(

a) in subsection (1),

(

i) the reference to "A municipality" is to be read as

a reference to "The City";

(ii) clause (

a) is to be read as follows:

(

a) the loan or guarantee is made under subsection (2),

(2.1) or (3),

(

b) in subsection (2), the reference to "A municipality" is

to be read as a reference to "The City";

(

c) the following is added after subsection (2):

(2.1) The council may make bylaws respecting the giving of

loans and guarantees by the City

(

a) to individuals for the purposes of ensuring or improving

energy conservation or energy efficiency, or both, with

respect to property, and

(

b) for the purposes of developing affordable housing in

accordance with

Part 17.

(2.2) A bylaw under subsection (2.1) that authorizes the giving

of loans

(

a) must set out the maximum amount of money that may

be loaned to a person under the bylaw,

(

b) must set out, in general terms, the purpose for which

money loaned under the bylaw is to be used,

(

c) must set out the minimum rate of interest, the maximum

term and the terms of repayment applicable to loans

under the bylaw,

(

d) must set out the source or sources of money that may be

loaned to a person under the bylaw, and

(

e) must be advertised.

(2.3) A bylaw under subsection (2.1) that authorizes the giving

of guarantees

(

a) must set out the maximum amount of a loan that may be

guaranteed under the bylaw,

(

b) must set out, in general terms, the purpose or purposes

for which money borrowed under a loan guaranteed

under the bylaw is to be used,

(

c) must set out the minimum rate of interest or the method

by which the rate of interest is to be calculated, the

maximum term and the terms of repayment applicable

to loans guaranteed under the bylaw,

(

d) must set out the source or sources of money to be used

to pay the principal and interest owing under loans

guaranteed under the bylaw, if the municipality is

required to pay those amounts under the guarantee, and

(

e) must be advertised.

(2.4) The City must not give a loan referred to in subsection

(2.1)(

a) to an individual unless the individual has executed a

mortgage under

section 102 of the Land Titles Act in respect of

the loan, and the City must register the mortgage against the

certificate of title for the property in respect of which the loan

is given.

(d) subsection (3) is to be read as follows:

(3) Where the City intends to purchase gas from and become a

shareholder of the designated seller within the meaning of

section 30(1) of the Gas Distribution Act, SA 1994 cG-1.5 as it

read on June 30, 1998, the City may make a loan to the

designated seller as part of the capitalization of the designated

seller by its shareholders.

(12) Section 269 of the Act is to be read as follows:

Financial year

269 The financial year of the City is the calendar year unless the

council by resolution determines otherwise.

(13) In

section 291 of the Act, the following is added after

subsection (2):

(2.1) Notwithstanding subsection (2), an assessment shall be

prepared for new improvements, whether complete or not, on a

property or a portion of a property where the improvements do not

contain machinery and equipment intended to be used in connection

with the manufacturing and processing operation even if another

portion of the property contains a manufacturing or processing

operation.

(14) Section 294 of the Act is to be read as follows:

Right to enter on and inspect property

294(1) After giving reasonable notice to the owner or occupier of

any property, an assessor may at any reasonable time, for the

purposes of carrying out the duties and responsibilities of an assessor

under Parts 9 to 12 and the regulations,

(

a) enter on and inspect the property,

(

b) request anything to be produced, and

(

c) make copies of anything necessary to the inspection.

(2) Information about a property's physical characteristics collected

under this

section and

section 295 after the date referred to in

section

289(2)(

a) is admissible at an assessment complaint hearing.

(15) The following is added after

section 295 of the Act:

Assessor not bound by information received

295.1 An assessor is not bound by the information received under

section 294 or 295 if the assessor has reasonable grounds to believe

that the information is inaccurate.

(16) In

section 297 of the Act,

(a) subsection (2.1) is to be read as follows:

(2.1) A council may by bylaw divide class 2 into the sub-classes

prescribed by the regulations, and if the council does so, subject

to subsection (2.4), the assessor must assign one or more of the

prescribed sub-classes to a property in class 2.

(

b) the following is added after subsection (2.1):

(2.2) The council may by bylaw

(

a) establish a sub-class for derelict property within class 2

and define "derelict" for the purposes of the bylaw, or

(

b) establish a sub-class for contaminated property within

class 2 and establish

(

i) the characteristics or effects that amount to

contamination for the purposes of the bylaw, and

(ii) the levels of contamination above which a property

is to be considered as contaminated for the

purposes of the bylaw,

or do both.

(2.3) A definition of "derelict" under subsection (2.2)(

a) and any

characteristics, effects or levels established by bylaw under

subsection (2.2)(

b) must apply generally across the City and

must not be specific to sites or areas within the City.

(2.4) If the council

(

a) establishes a sub-class under subsection (2.2)(

a) or (b),

(

b) divides class 2 into the sub-classes prescribed by the

regulations,

the assessor may, subject to subsections (2.5) to (2.7), assign that

sub-class to a property in addition to or instead of assigning one

or more of the sub-classes prescribed by the regulations to the

property.

(2.5) A sub-class for derelict property must not be assigned to a

property unless the property meets the definition of "derelict" in

the bylaw and has been unoccupied for at least one year.

(2.6) A sub-class for contaminated property must not be

assigned to a property unless there is evidence of contamination

at or exceeding the level at which the property is to be

considered as contaminated for the purposes of the bylaw.

(2.7) A sub-class for derelict or contaminated property must not

be assigned to designated industrial property or machinery and

equipment.

(c) subsection (4)(

b) and (

c) are to be read as follows,

except for the purposes of

section 359 and Division

5 of

Part 9 of the Act:

(b) "non-residential", in respect of property, means

property that is not classed by the assessor as farm land,

machinery and equipment or residential;

(c) "residential", in respect of property, means

(

i) property or a portion of a property currently used

for permanent living accommodation,

(ii) a vacant property where permanent living

accommodations is the primary permitted use for

that land assigned as a land use designation under

a land use bylaw passed by a municipal council, or

(iii) a property or a portion of a property where

permanent living accommodations is a permitted

or discretionary use assigned as a land use

designation for that land under a land use bylaw

passed by a municipal council if a development

permit has been issued by the municipality or

construction has commenced to build permanent

living accommodations on the land,

but does not include

(iv) a property or a portion of a property on which

industry, commerce or farming operations

currently take place, or

(

v) a vacant property that has more than one primary

permitted use assigned as a land use designation

under a land use bylaw passed by the council.

(

d) the following is added after subsection (4):

(5) Where a property has been assigned as either class 1 or class

2 for the purposes of

section 353(2)(

a) and (b), the assessment

roll for that property must show both assessment classifications.

(17) The following is added after

section 316.1 of the Act:

Division 4.1

Preparation of Supplementary

Assessment for Previous Farm Land

Bylaw

316.2(1) If the City wishes to require the preparation of

supplementary assessments for all or a part of a parcel of land that has

ceased to be used for farming operations, the council must pass a

supplementary assessment bylaw authorizing the assessments to be

prepared for the purpose of imposing a tax under

Part 10 in the same

year.

(2) A bylaw under subsection (1) must apply to all parcels of land or

parts of parcels of land that have ceased to be used for farming

operations.

Supplementary assessment

316.3(1) A supplementary assessment for all or a part of a parcel of

land that has ceased to be used for farming operations must reflect the

market value of that parcel of land or part of the parcel of land, as the

case may be, minus the agricultural use value of the same area,

multiplied by the pro rata factor.

(2) For the purposes of subsection (1),

(

a) the market value of the parcel of land or the part of the parcel

of land as of the valuation date is to be determined in

accordance with the regulations,

(

b) the agricultural use value is the assessment of the parcel of

land or the part of the parcel of land that is used for farming

operations as determined in accordance with the regulations,

and

(

c) the pro rata factor is equal to the number of months in a year

after the date on which the parcel of land or the part of the

parcel of land ceased to be used for farming operations, and

includes the whole of the first month in which the parcel or

part of the parcel ceased to be used for farming operations,

divided by 12.

Supplementary assessment roll

316.4(1) Before the end of the year in which supplementary

assessments are prepared under

section 316.3, the City must prepare a

supplementary assessment roll.

(2) A supplementary assessment roll must show, for each assessed

parcel of land, the following:

(

a) the same information that is required to be shown on the

assessment roll;

(

b) the date on which the parcel of land or part of the parcel of

land ceased to be used for farming operations.

Supplementary assessment notices

316.5(1) Before the end of the year in which supplementary

assessments are prepared under

section 316.3, the City must

(

a) prepare a supplementary assessment notice for every

assessed parcel of land shown on a supplementary

assessment roll under

section 316.4, and

(

b) send the supplementary assessment notices to the assessed

persons.

(2) A supplementary assessment notice must show, for each assessed

parcel of land, the following:

(

a) the same information that is required to be shown on the

supplementary assessment roll;

(

b) the notice of assessment date;

(

c) a statement that the assessed person may file a complaint not

later than the complaint deadline;

(

d) information respecting filing a complaint in accordance with

the regulations.

(18) Section 318 of the Act is to be read as follows:

Preparation of equalized assessments

318(1) The Minister must prepare annually, in accordance with the

regulation, an equalized assessment for each municipality.

(2) For the purposes of determining the equalized assessment of

property that is taxable under

section 317(a), only the assessment

class for purposes of

section 353(2)(

b) is to be reflected in the

assessment of property that is taxable.

(19) The following is added after

section 325 of the Act:

Continuous bylaws

325.1 Bylaws enacted by the council under

section 297, 313 or

316.2 remain in force after the year in which they are enacted and

apply in respect of subsequent years, until they are repealed by the

council.

(20) Section 329 of the Act is to be renumbered as

section

329(1) and the following is added after subsection (1):

(2) Where a property has been assigned as

(

a) class 1 - residential for purposes of

section 353(2)(a), and

(

b) class 2 - non-residential for purposes of

section 353(2)(b),

the tax roll for that property must show both assessment

classifications.

(21) In

section 359 of the Act, subsection (2) is to be read as

follows:

(2) In calculating the tax rate required to raise sufficient revenue to

pay the requisitions, the City

(

a) must, notwithstanding any modification made by the City of

Calgary Charter, 2018 Regulation use the assessment classes

section 297(4) to determine the total assessment of all

property on which that tax rate is to be imposed, and

(

b) may include an allowance for non-collection of taxes at a rate

not exceeding the actual rate of taxes uncollected from the

previous year's tax levy as determined at the end of that year.

(22) The following is added after

section 369 of the Act:

Continuous bylaws

369.1 Bylaws enacted by the council under

section 369(1), 371 or

379 remain in force after the year in which they are enacted and

apply in respect of subsequent years, until they are repealed by the

council.

(23) Section 460.1 of the Act is to be read as follows:

Jurisdiction of assessment review boards

460.1(1) A local assessment review board has jurisdiction to hear

complaints about any matter referred to in

section 460(5) that is

shown on

(

a) an assessment notice for

(

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

(ii) farm land,

(

b) a tax notice other than a property tax notice.

(2) Subject to

section 460(14), a composite assessment review board

has jurisdiction to hear complaints about any matter referred to in

section 460(5) that is shown on an assessment notice for property

other than property described in subsection (1)(a).

(24) In

section 465 of the Act, the following is added after

subsection (3):

(4) A document or thing produced pursuant to this

section is

admissible as evidence in the hearing of the complaint.

(25) The following is added after

section 465 of the Act:

Order to allow entry and inspection

465.1(1) Where, in the opinion of a panel hearing a complaint in

respect of property lying within the municipal boundaries of the

City, a person has unreasonably refused to allow or has interfered

with an assessor's entry on or inspection of the property, the panel

may order the owner or occupier of the property to allow the

assessor to enter and inspect the property and may suspend the

hearing until the entry has been allowed and the inspection is

complete.

(2) Information gathered during an inspection under subsection

(1) is admissible as evidence in the hearing of the complaint.

(3) Where an order under subsection (1) is not complied with within

30 days after being made, the panel may dismiss the complaint.

(26) In

section 467 of the Act, the following is added after

subsection (1):

(1.1) For greater certainty, the power to make a change under

subsection (1) includes the power to increase or decrease an assessed

value shown on an assessment roll or tax roll.

(27) The following is added before

section 476.1 of the Act:

Consultation process regarding

assessment complaints

476.01(1) This

section applies only to assessments of

(

a) non-residential property, and

(

b) residential property with more than 3 dwelling units.

(2) The council may by bylaw establish

(

a) an assessment consultation period of 30 days between the

valuation date and the date the assessment notice is sent, and

(

b) a complaint period of 30 days after the notice of assessment

date.

(3) A bylaw made under subsection (2) must specify the notification

process for the assessment consultation period and the information

that an assessor may share with the assessed person during the

consultation process, including, without limitation, information

about the property.

(4) An assessment notice sent in respect of a property must stipulate

the date by which a complaint must be made, which must be 30 days

after the notice of assessment date.

(5) This

section applies despite anything to the contrary in

section

284(4), 309 or 316.1(1).

(28) The following is added after

section 557 of the Act:

Affidavit evidence

557.1(1) In this section,

(a) "parking enforcement system" means a system that is used to

photograph a vehicle and identify the location of the vehicle

using a global positioning system and record that data

according to the date on which the photograph was taken;

(b) "photograph" means a photograph taken by a bylaw

enforcement officer, but does not include a photograph taken

as part of a parking enforcement system.

(2) In any proceedings under which a person is charged with failing

to comply with a provision of this Act, the Traffic Safety Act or a

bylaw made under this Act or the Traffic Safety Act,

(

a) the evidence of a bylaw enforcement officer in respect of

photographs taken for the purposes of establishing facts

relating to that contravention may be given by affidavit,

(

b) an affidavit referred to in clause (

a) must be sworn by the

bylaw enforcement officer who took the photographs, and

(

c) an affidavit referred to in clause (

a) is proof, in the absence

of evidence to the contrary, as to the facts stated in the

affidavit.

(3) In any proceedings in respect of a charge in respect of a vehicle

that has been parked in a manner that does not comply with a

parking bylaw made under the Traffic Safety Act,

(

a) the evidence of a bylaw enforcement officer involved in the

installation, operation, use or testing of a parking

enforcement system and the issuance of a violation ticket in

respect of that failure to comply may be given by affidavit,

and

(

b) an affidavit referred to in clause (

a) is proof, in the absence

of evidence to the contrary, of the facts stated in the affidavit.

(4) A copy of an affidavit made under this

section must

(

a) be served on the defendant at that person's address for

documents at least 30 days before the trial date, and

(

b) contain the City's address for documents,

and the affidavit is deemed to have been received on the day it was

sent.

(5) An affidavit made under this

section is not admissible in court

unless the applicable requirements of this

section have been met.

(6) The defendant may notify the City of the defendant's intent to

cross-examine the bylaw enforcement officer who made the

affidavit.

(7) A notice under subsection (6)

(

a) must be sent to the City's address for documents as indicated

on the copy of the affidavit sent by the City under subsection

(4), and

(

b) must be received by the City no later than 14 days before the

trial date.

(8) When the defendant makes an initial appearance to answer the

summons or offence notice, the defendant must provide an address

for documents, which must be

(

a) an Alberta mailing address, or

(

b) an electronic mailing address.

(9) If the defendant fails to provide an address for documents, or if

the defendant provides no notice to the City under subsection (6), a

justice shall

(

a) on application by a prosecutor, admit the affidavit referred to

in this

section in evidence,

(

b) prohibit the defendant from cross-examining the bylaw

enforcement officer who made the affidavit, and

(

c) proceed to conduct the trial.

(29) The following is added after

section 608 of the Act:

Bylaws for sending certain documents electronically

608.1(1) Despite

section 608, the council may by bylaw establish a

process for sending assessment notices, tax notices and other notices,

documents and information under

Part 9, 10 or 11 or the regulations

under

Part 9, 10 or 11 by electronic means.

(2) The council may by bylaw establish a process for sending forms

of notice under

section 156(8) of the School Act by electronic means.

(3) Before making a bylaw under this section, the council must be

satisfied that the proposed bylaw includes appropriate measures to

ensure the security and confidentiality of the documents and

information being sent.

(4) Before making a bylaw under this section, the council must give

notice of the proposed bylaw in a manner council considers is likely

to bring the proposed bylaw to the attention of substantially all

persons that would be affected by it.

(5) A bylaw under subsection (1) or (2) must provide for a method

by which persons may opt to receive the notice, document or

information by electronic means.

(6) The sending by electronic means of any notice, document or

information referred to in subsection (1) or (2) is valid only if the

person has opted under the bylaw to receive it by those means.

(30) The following is added after

Part 16 of the Act:

Part 16.1

Climate Change Mitigation

and Adaptation Plans

Definitions

615.3 In this Part,

(a) "climate change adaptation plan" means a plan under

section

615.5;

(b) "climate change mitigation plan" means a plan under

section

615.4.

Climate change mitigation plan

615.4(1) The City must, in accordance with this section, establish a

plan for the purpose of addressing and mitigating the effects of climate

change.

(2) A climate change mitigation plan must establish requirements for

regular public reporting respecting

(

a) initiatives undertaken by the City for the purpose of

(

i) improving the energy efficiency of City-owned

buildings, facilities and fleets of vehicles,

(ii) developing and encouraging the development of

renewable electricity, and

(iii) mitigating the effects of climate change,

(

b) the greenhouse gas emission levels of City-owned buildings,

facilities and fleets of vehicles,

(

c) any actions taken

(

i) for a purpose referred to in clause (a), or

(ii) to reduce the emission levels referred to in clause (b),

during the period to which the report relates, and any

progress made during that period,

and

(

d) the manner in which the City has taken matters referred to in

clauses (a), (

b) and (

c) into account in making decisions

during the period to which the report relates.

(3) A climate change mitigation plan may contain any provisions or

address any matters that the City considers necessary or desirable for a

purpose referred to in subsection (1).

(4) A climate change mitigation plan must be adopted by a resolution

of the council.

(5) A climate change mitigation plan must be reviewed no later than 5

years after it is established and at least once every 5 years thereafter.

(6) The results of a review must be advertised and public participation

must be provided for in accordance with the City's public participation

policy.

(7) On completion of a review, and after taking the public response

into consideration, a climate change mitigation plan may be updated as

the council considers appropriate.

(8) A climate change mitigation plan that is established or updated

under this

section must be published on the City's website or made

publicly available in another manner that the City considers likely to

bring it to the attention of substantially all residents of the City.

(9) The City must establish its first climate change mitigation plan on

or before December 31, 2020.

Climate change adaptation plan

615.5(1) In this section,

(a) "exposure" means the extent to which a system is exposed to

significant climatic variations or other effects of climate

change;

(b) "risk" means the combination of the probability of an effect

of climate change and the severity of its possible

consequences;

(c) "systems" includes human, animal and plant life,

environmental ecosystems and resources, roadways,

buildings and other infrastructure, human livelihoods,

services and economic, social and cultural activities;

(d) "vulnerability" means the degree to which a system is

susceptible to, and would be unable to cope with, climatic

variations or other effects of climate change.

(2) The City must, in accordance with this section, establish a plan

for adapting to effects of climate change.

(3) A climate change adaptation plan must

(

a) be based on an assessment of the exposure, risk and

vulnerability of systems within the City to effects of climate

change over the short, medium and long term,

(

b) set out or summarize the assessment referred to in clause (a),

and

(

c) identify actions that will be taken to address the effects

referred to in clause (a).

(4) Actions identified under subsection (3)(

c) may include actions to

be taken respecting

(

a) asset management,

(

b) use of climate-resilient infrastructure,

(

c) stormwater management,

(

d) flood preparedness,

(

e) City-owned and City-operated energy and utility cables,

(

f) water and sanitation,

(

g) public safety,

(

h) health and social resilience,

(

i) biodiversity management,

(

j) invasive species, or

(

k) any other matter the council considers appropriate.

(5) In addition to the matters referred to in subsection (3), a climate

change adaptation plan may address any other matters as the council

considers appropriate.

(6) A climate change adaptation plan must be adopted by a

resolution of the council.

(7) A climate change adaptation plan must be reviewed no later than

5 years after it is established and at least once every 5 years

thereafter.

(8) The results of a review must be advertised and public

participation must be provided for in accordance with the City's

public participation policy.

(9) On completion of a review, and after taking the public response

into consideration, the council may update the climate change

adaptation plan as the council considers appropriate.

(10) A climate change adaptation plan that is established or updated

under this

section must be published on the City's website or made

publicly available in another manner that the City considers likely to

bring it to the attention of substantially all residents of the City.

(11) The City must establish its first climate change adaptation plan

on or before December 31, 2020.

(31) In

section 616 of the Act, clause (dd) is to be read as

follows:

(dd) "statutory plan" means

(

i) an intermunicipal development plan,

(ii) a municipal development plan,

(iii) an area structure plan,

(iv) an area redevelopment plan, and

(

v) an additional statutory plan under

section 635.1

adopted by the City under Division 4;

(32) Section 617(

b) of the Act is to be read as follows:

(

b) to maintain and improve the quality of the physical

environment within which patterns of human settlement are

situated within the boundaries of the City, including the

promotion of environmental sustainability and stewardship,

(33) The following is added after

section 635 of the Act:

Additional statutory plans

635.1(1) The City may by bylaw adopt one or more additional

statutory plans.

(2) An additional statutory plan referred to in subsection (1) must

(

a) indicate the name of the statutory plan,

(

b) describe the contents of the statutory plan, and

(

c) indicate how the statutory plan is consistent with the City's

other statutory plans.

(3) An additional statutory plan referred to in subsection (1) must be

consistent with

(

a) any intermunicipal development plan in respect of land that

is identified in both the statutory plan and the intermunicipal

development plan,

(

b) any municipal development plan,

(

c) any area structure plan in respect of land that is identified in

both the statutory plan and the area structure plan, and

(

d) any area redevelopment plan in respect of land that is

identified in both the statutory plan and the area

redevelopment plan.

(34) Section 636(1)(

h) is to be read as follows:

(

h) in the case of an area structure plan or an additional statutory

plan adopted by the City under

section 635.1, where the land

that is the subject of the plan is adjacent to an Indian reserve

or Metis settlement, notify the Indian band or Metis

settlement of the plan preparation and provide opportunities

for that Indian band or Metis settlement to make suggestions

and representations.

(35) In

section 640 of the Act,

(a) subsections (1) and (2) are to be read as follows:

Land use bylaw

640(1) A City land use bylaw may prohibit or regulate and

control the use and development of land and buildings in the

City in any manner the council considers necessary.

(2) A City land use bylaw

(

a) must divide the City into districts of the number and

area the council considers appropriate;

(

b) must prescribe, except in respect of any direct control

districts designated pursuant to

section 641,

(

i) the use or uses of land or buildings that are

permitted in one or more districts as specified in

the bylaw, with or without conditions, or

(ii) the use or uses of land or buildings that may, at the

discretion of the development authority, be

permitted in one or more districts as specified in

the bylaw, with or without conditions,

or both;

(

c) must establish a method of making decisions on

applications for development permits and issuing

development permits for any development, including

provision for

(

i) the types of development permit that may be

issued,

(ii) applying for a development permit,

(iii) processing an application for, or issuing,

cancelling, suspending or refusing to issue, a

development permit,

(iv) the conditions that are to be attached, or that the

development authority may attach, to a

development permit, either generally or with

respect to a specific type of permit,

(

v) how long any type of development permit remains

in effect,

(vi) the discretion that the development authority may

exercise with respect to development permits, and

(vii) any other matters necessary to regulate and control

the issue of development permits that to the

council appear necessary.

(

b) the following is added after subsection (2):

(2.1) Despite subsections (1) and (2), in the event of a conflict or

inconsistency between a land use bylaw respecting the

development of buildings within a specified area around an

airport and a regulation made under

section 693, or between a

land use bylaw and a regulation made under

section 694 of the

Act, the regulation prevails to the extent of the conflict or

inconsistency.

(2.2) The City may, in its land use bylaw, make any or all of the

following modifications to the Subdivision and Development

Regulation (AR 43/2002) for the purposes of applying that

Regulation to the City:

(

a) a modification to the definition of "food establishment"

in the Regulation;

(

b) a modification adding a definition of "hospital" to the

Regulation;

(

c) a modification adding a definition of "school" to the

Regulation.

(36) The following is added after

section 651.2 of the Act:

Affordable housing agreements

651.3(1) The City may enter into an agreement with the registered

owner of a parcel of land respecting one or more of the following:

(

a) subject to subsection (3), the use and occupancy of

residential housing units that are or will be located on the

land;

(

b) the form of tenure of the residential housing units;

(

c) the availability of the residential housing units to classes of

persons described in the agreement;

(

d) the administration and management of the residential housing

units, including, without limitation, the manner in which the

units are to be made available to persons within the classes

referred to in clause (c);

(

e) amounts of rents, lease payments and sale prices that may be

charged in respect of the residential housing units and the

rates at which these may be increased over time.

(2) Subject to this section, the agreement may contain any other

(3) An agreement under this

section is unenforceable to the extent of

any conflict with applicable use or density provisions of the City's

land use bylaw.

(4) The term of an agreement under this

section must not exceed the

expected lifespan of the building, as agreed on by the parties and

specified in the agreement at the time it is first entered into, or 40

years, whichever is shorter.

(5) Any amendment to an agreement under this

section must be

agreed to in writing by the City and the person who, at the time of

the amendment, is the registered owner of the parcel of land.

(6) An agreement under this

section creates an interest in favour of

the City in the land that is the subject of the agreement, and the

interest is deemed to be a condition running with and capable of

being legally annexed to the land.

(7) Despite the Land Titles Act or any other enactment, the City may

register a caveat under the Land Titles Act in respect of an agreement

under this section.

(8) A caveat registered pursuant to subsection (7)

(

a) shall be registered against the certificate of title to the parcel

of land

(

i) that is the subject of the agreement, and

(ii) that was issued to the person who entered into the

agreement with the City,

and

(

b) may be discharged only by the City or an order of a court.

(9) Despite the Land Titles Act or any other enactment, after

registration of a caveat under subsection (7), the agreement,

including any amendments made in accordance with subsection (5),

is binding according to its terms on all persons subsequently

acquiring an interest in the parcel of land that is the subject of the

agreement.

(37) In

section 665 of the Act, the following is added after

subsection (3):

(4) For greater certainty, where a bylaw of the council requires that

land be designated as environmental reserve, the designation

becomes effective on the day the Registrar issues a new certificate of

title for the land under subsection (2)(c).

(38) In

section 692 of the Act, in subsection (1) the

following is added after clause (d):

(d.1) a proposed bylaw to adopt an additional statutory plan under

section 635.1,

(39) The following is added after

section 708.52 of the Act:

Part 17.3

Administrative Penalties

Purpose

708.53 The purpose of this

Part is to give the City the authority to

process and resolve parking and transit contraventions of its bylaws

using an administrative penalty system.

Definitions

708.54 In this Part,

(a) "administrative penalties bylaw" means a bylaw establishing

a system of administrative penalties as described in

section

708.56;

(b) "appellant" means a person who files an appeal;

(c) "hearing officer" means a hearing officer appointed under the

administrative penalties bylaw as a hearing officer;

(d) "notice" means a notice of administrative penalty under

section 708.57;

(e) "tribunal" means the administrative tribunal established by

bylaw made under this Part.

Division 1

Administrative Penalties

Authority to impose administrative penalties

708.55 The City may, in accordance with this Part, issue notices and

require administrative penalties to be paid in respect of

(

a) a contravention of a bylaw made by the City pursuant to

section 708.56(1),

(

b) riding a transit vehicle without

(

i) valid proof of payment, or

(ii) tendering payment,

(

c) entering or remaining in a restricted fare area without valid

proof of payment.

Bylaw must be passed

708.56(1) The City may issue notices and require administrative

penalties to be paid only if it first passes an administrative penalties

bylaw that

(

a) establishes contraventions in respect of the parking of

vehicles,

(

b) designates transit vehicles and restricted fare areas for the

purposes of

section 708.55,

(

c) establishes administrative penalty amounts for each

contravention, which must not exceed $1000, either

(

i) as a combination of a base amount and an additional

amount for one or more factors set out in the bylaw, or

(ii) as a total amount,

(

d) designates the employees or a class of employees of the City

who may issue notices subject to any conditions determined

by the council, and provide for the means of identification of

those employees,

(

e) sets the period within which a person may pay the

administrative penalty or file an appeal, subject to

section

708.61(2),

(

f) establishes an appeal tribunal consisting of hearing officers

for the purposes of hearing appeals of administrative

penalties,

(

g) provides for the appointment of hearing officers, including

their qualifications,

(

h) provides for the manner and form for the filing of appeals,

(

i) establishes rules of procedure for the hearing of appeals,

including procedures to allow the appellant

(

i) to obtain all of the City's evidence with respect to the

administrative penalty,

(ii) to respond to the City's evidence,

(iii) to answer all allegations made against the appellant,

(iv) to attend the appeal in person if the appellant so

requests and pays the requisite fee, and

(

v) to be represented by a lawyer or other agent,

and

(

j) establishes procedures to return the appeal fee, if any, to the

appellant if the appellant's appeal is successful.

(2) An administrative penalties bylaw may also provide for the

following:

(

a) factors that provide for additional amounts of administrative

penalties under subsection (1)(c)(i);

(

b) an early payment discount for administrative penalties;

(

c) compassionate grounds on which a hearing officer is

authorized to cancel a notice under

section 708.71;

(

d) further information to be contained on a notice in addition to

the information required under

section 708.57(2);

(

e) alternative methods of service for the purposes of

section

708.6(1)(d);

(

f) the charging of a single fee as may be required under

section

708.66;

(

g) alternative administrative measures that a hearing officer

may require in lieu of payment of an administrative penalty.

Notice of administrative penalty

708.57(1) A designated employee may complete and issue a notice of

administrative penalty to a person against whom a designated bylaw

contravention is alleged.

(2) A notice must set out the following information:

(

a) the provision of the bylaw the person has contravened;

(

b) a brief description of the nature of the contravention

identified under clause (a);

(

c) the amount of the administrative penalty imposed;

(

d) the date the notice is issued;

(

e) the date by which the administrative penalty must be paid or

appealed;

(

f) a statement describing the right of a person on whom the

administrative penalty is imposed to appeal the

administrative penalty, how the appeal is to be made and the

date by which the appeal must be filed;

(

g) any further information required by bylaw.

(3) A notice must be issued to a named person unless it is issued for a

bylaw respecting the parking of a vehicle, in which case the notice

must set out the vehicle's licence plate if it has one or, if it does not,

the vehicle's identification number.

(4) Where a designated employee serves a notice by personal delivery,

the designated employee must, on request by the person served with

the notice, produce identification provided by the City.

Vehicle owner liable

708.58 When a notice respecting the parking of a vehicle is

delivered in accordance with

section 708.6, the owner of the vehicle

indicated in the records of the Registrar of Motor Vehicle Services

under the Traffic Safety Act is liable to pay the administrative penalty

set out in the notice.

Limitation period

708.59 A notice must not be issued more than 2 years from the date

on which the contravention for which it is issued is alleged to have

occurred.

Delivery of notice of administrative penalty

708.6(1) A notice must be delivered in one of the following ways:

(

a) by personal delivery;

(

b) if the notice is in respect of the parking of a vehicle, by

leaving the notice on the vehicle;

(

c) by mailing a copy of the notice by regular mail to the

person's address as shown on the records of the Registrar of

Motor Vehicle Services under the Traffic Safety Act or as

shown in the records of an official of a jurisdiction other than

Alberta who is registrar of motor vehicles or performs a

function for that jurisdiction similar to the function that the

Registrar of Motor Vehicle Services performs for Alberta;

(

d) any other method of delivery provided for in the

administrative penalties bylaw.

(2) Where a notice is left on a vehicle in accordance with subsection

(1)(b), the notice is deemed to have been delivered to the vehicle

owner of the vehicle on the day it is left.

(3) Where a notice is mailed to a person in accordance with subsection

(1), that notice is, in the absence of evidence to the contrary, deemed to

have been served on the person on the 7th day from the date of

mailing, except that if the notice is mailed to an address outside

Alberta, that notice is, in the absence of evidence to the contrary,

deemed to have been served on the person on the 14th day from the

date of mailing.

Responding to penalty notice

708.61(1) A person to whom a notice is delivered may, within the

period set by the administrative penalties bylaw and in accordance

with the instructions on the notice,

(

a) pay the administrative penalty, or

(

b) file an appeal.

(2) The period to respond to a notice under subsection (1) must not be

less than 21 days after the date the notice is delivered in accordance

with

section 708.6.

Protection from prosecution

708.62 A person who pays an administrative penalty in respect of a

contravention shall not be charged with an offence in respect of the

same act or omission that is described in the notice.

Division 2

Administrative Tribunal

Establishment of tribunal

708.63(1) Where an administrative tribunal is established by an

administrative penalties bylaw, the council shall appoint an appropriate

number of hearing officers.

(2) A hearing officer appointment must

(

a) be for a term of not less than 3 years, and

(

b) establish the remuneration and benefits to be paid to the

hearing officer for the duration of the term.

(3) A hearing officer is eligible to be reappointed.

(4) Where the council is appointing hearing officers, it must consider

appointments that

(

a) avoid perception of patronage or conflicts of interest or bias,

(

b) encourage diversity and competency, and

(

c) are likely to result in consistency in decision making.

(5) The council shall not appoint a former City employee at any time

before the expiry of one year after the person ceases to be employed by

the City.

(6) One hearing officer must be designated by the council as the chief

hearing officer, for a term determined by the council.

(7) The chief hearing officer may designate another hearing officer to

be the deputy chief hearing officer to act during the chief hearing

officer's absence or incapacity, and the deputy chief hearing officer

has all of the powers of the chief hearing officer.

(8) The chief hearing officer may

(

a) designate hearing officers to hear cases,

(

b) administer the tribunal, directing the administrative work of

the tribunal, and

(

c) report to the council on the activities of the tribunal.

(9) A hearing officer may resign from being a hearing officer by

giving a written notice signed by the hearing officer that includes the

effective date of the resignation to

(

a) the chief hearing officer, in the case of a hearing officer other

than the chief hearing officer, or

(

b) the chief administrative officer of the City, in the case of the

chief hearing officer.

(10) Subject to subsection (12), where a hearing officer's term ends

and the hearing officer has not made a decision or an order in a matter

fully heard by the hearing officer, the former hearing officer may,

within 3 months after the end of the term, continue to make decisions

and orders as if the former hearing officer were still a hearing officer,

and such decisions and orders have the same effect as if made by a

hearing officer.

(11) Hearing officers are independent of the chief administrative

officer and may not exercise any of the powers of hearing officers until

they take the oath set out in

section 2 of the Oaths of Office Act.

(12) Hearing officers may not be dismissed except

(

a) by the chief hearing officer, in the case of a hearing officer

other than the chief hearing officer, or

(

b) by the council, in the case of the chief hearing officer,

for conduct unbecoming a hearing officer.

(13) It is conduct unbecoming a hearing officer for a hearing officer

(

a) to hear an appeal filed by an appellant to which the hearing

officer has a familial or close personal relationship,

(

b) to perform work for the City as an employee or contractor

other than as a hearing officer,

(

c) to receive any compensation from the City other than

remuneration and benefits as a hearing officer,

(

d) to work in any other field or receive compensation that

conflicts or appears to conflict with the responsibility to be

an impartial hearing officer, or

(

e) to otherwise act, or fail to act, in a way such that public

confidence in the tribunal would be undermined if the person

continued to hold the position of a hearing officer.

Staff

708.64 The City may designate staff to work for the tribunal.

Filing appeal

708.65(1) Where an appeal is filed, an appellant must ensure

(a)