Alberta Gazette — 15 November 2017 (Part II)

15 November 2017

Alberta — Gazette

Alberta Regulation 183/2017

Municipal Government Act

MUNICIPAL GAS SYSTEMS CORE MARKET (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 349/2017)

on October 26, 2017 pursuant to

section 31 of the Municipal Government Act.

1 The Municipal Gas Systems Core Market Regulation

(AR 93/2001) is amended by this Regulation.

Section 10 is amended by striking out "July 31, 2018" and

substituting "July 31, 2020".

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

Alberta Regulation 184/2017

Municipal Government Act

PLANNING EXEMPTION AMENDMENT REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 350/2017)

on October 26, 2017 pursuant to

section 618 of the Municipal Government Act.

1 The Planning Exemption Regulation (AR 223/2000) is

amended by this Regulation.

Section 4.6 is repealed.

Section 6 is amended by striking out "June 30, 2020" and

substituting "October 31, 2021".

Schedule 6 is repealed.

Alberta Regulation 185/2017

Municipal Government Act

EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 351/2017)

on October 26, 2017 pursuant to

section 693 of the Municipal Government Act.

1 The Edmonton International Airport Vicinity Protection

Area Regulation (AR 55/2006) is amended by this

Regulation.

Section 1 is amended

(

a) by renumbering clause (

a) as clause (a.1) and by

adding the following before clause (a.1):

(a) "airport lands" means lands owned by the Crown in

right of Canada and managed and operated as an airport

by the Airport Operator pursuant to the Regional

Airports Authorities Act;

(

b) in clause (

e) by adding ", excluding airport lands," after

"land";

(

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

(e.1) "NEF contour" or "noise exposure forecast contour"

means a numbered line shown on the map in

Schedule 2

that indicates a boundary of a NEF Area;

(

d) by repealing clause (

f) and substituting the

following:

(f) "noise exposure forecast" means a system comprised of

a standardized format for forecasted aircraft movement

inputs, a computer model and associated land use

compatibility tables, which together have been approved

by Transport Canada to provide an airport operator

means to generate NEF contours that can be used by

land use planning authorities to develop compatible land

use decisions around an airport;

Section 2 is amended by adding the following after

subsection (2):

(3) The Protection Area does not include the airport lands.

Section 10(1) is repealed and the following is

substituted:

Amendment to Regulation

10(1) Where a municipality applies to the Minister for an

amendment to this Regulation, the application must include a

resolution of the council that the council supports the proposed

amendment.

Section 12 is repealed.

Schedule 1 is amended by adding the following before

the land descriptions:

The Edmonton International Airport Vicinity Protection Area

consists of the lands described in this Schedule, but does not

include the airport lands.

Schedule 3 is amended

(

a) in

section 1

(

i) by renumbering clause (

a) as clause (a.1) and

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

(a) "campground" means a facility where spaces are

provided for temporary accommodation for

recreational vehicles or tents;

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

(a.2) "day care" means a facility for the provision of

care and supervision of 7 or more children, under

the age of 13 years, for periods not exceeding 24

consecutive hours, but does not include an on-site

child care program that is provided by an employer

or organization and is ancillary to the primary use

of the site;

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

(d.1) "place of worship" means a place or building that

is primarily used or intended as a place where

people regularly assemble for religious worship

and associated activities;

(d.2) "residence" means a building that includes kitchen,

sleeping and sanitary facilities and is used

primarily as a home;

(d.3) "school" means a place or building that is used or

primarily intended for the education of students at

a preschool, elementary, junior high or high school

age;

(

b) in the Table following

section 2(1) by striking out

"Churches" and substituting "Places of Worship".

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

Alberta Regulation 186/2017

Municipal Government Act

CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 352/2017)

on October 26, 2017 pursuant to

section 693 of the Municipal Government Act.

1 The Calgary International Airport Vicinity Protection Area

Regulation (AR 177/2009) is amended by this Regulation.

Section 1 is amended by adding the following after

clause (i):

(j) "secondary suite" means a self-contained dwelling basement

suite that is part of an existing building, meets the building

code requirements of a secondary suite and has separate

living, cooking, sleeping and bathroom facilities.

Section 3(3) is amended by adding ", with the exception of a

development permit for a secondary suite in an existing single family

development" after "prohibited use".

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

Amendment to Regulation

7(1) Where a municipality applies to the Minister for an amendment

to this Regulation, the application must include a resolution of the

council that the council supports the proposed amendment.

Section 9 is repealed.

Schedule 2 is repealed and the following is substituted:

Schedule 2

Alberta Regulation 187/2017

Municipal Government Act

OFF-SITE LEVIES REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 353/2017)

on October 26, 2017 pursuant to

section 694 of the Municipal Government Act.

Definitions

2 Application generally

3 General principles

Levy Bylaws

4 Principles and criteria for determining methodology

5 Principles and criteria for determining levy costs

6 Additional principles and criteria to apply

to s648(2.1) facilities

7 Additional principles and criteria to apply to s648.01

intermunicipal off-site levies

8 Consultation

9 Annual report

Levy Bylaw Appeals

10 Who may appeal

11 Appeal period

12 Form of appeal

13 Consolidation of appeals

14 No stay of levy

Sale of Facilities

15 Consultation on proposed sale

16 Proceeds of sale

17 Repeal

18 Coming into force

Definitions

1 In this Regulation,

(a) "facilities" includes the facility, the associated infrastructure,

the land necessary for the facility and related appurtenances

referred to in

section 648(2.1) of the Act;

(b) "infrastructure" includes the infrastructure, the facilities and

the land necessary for the infrastructure or facilities referred

to in

section 648(2) of the Act;

section 648(1) of

the Act;

(d) "stakeholder" means any person that will be required to pay

the levy when the bylaw is passed, or any other person the

municipality considers is affected.

Application generally

2 A municipality, in establishing a levy

(

a) for the purposes of

section 648(2) of the Act, must apply the

principles and criteria specified in sections 3, 4 and 5,

(

b) for the purposes of

section 648(2.1) of the Act, must apply

the principles and criteria specified in sections 3, 4, 5 and 6,

and

(

c) for the purposes of

section 648.01 of the Act, must apply the

principles and criteria specified in sections 3, 4, 5 and 7.

General principles

3(1) The municipality is responsible for addressing and defining

existing and future infrastructure and facility requirements.

(2) The municipality must consult in good faith with stakeholders in

accordance with

section 8.

(3) All beneficiaries of development are to be given the opportunity to

participate in the cost of providing and installing infrastructure and

facilities in the municipality on an equitable basis related to the degree

of benefit.

(4) Where necessary and practicable, the municipality is to coordinate

infrastructure and facilities provisions and services with neighbouring

municipalities.

Levy Bylaws

Principles and criteria for determining methodology

4(1) A municipality has the flexibility to determine the methodology

on which to base the calculation of the levy, provided that such

methodology

(

a) takes into account criteria such as area, density or intensity of

use,

(

b) recognizes variation among infrastructure types,

(

c) is consistent across the municipality for that type of

infrastructure or facility, and

(

d) is clear and reasonable.

(2) Notwithstanding subsection (1)(c), the methodology for

determining a levy for the purposes of

section 648(2.1) of the Act may

be different from the methodology used to calculate any other levy

established by the municipality.

Principles and criteria for determining levy costs

5(1) In determining the basis on which the levy is calculated, the

municipality must at a minimum consider and include or reference the

following in the bylaw imposing the levy:

(

a) a description of the specific infrastructure and facilities;

(

b) a description of each of the benefitting areas and how those

areas were determined;

(

c) supporting technical data and analysis;

(

d) estimated costs and mechanisms to address variations in cost

over time.

(2) The municipality may establish the levy in a manner that involves

or recognizes the unique or special circumstances of the municipality.

(3) The information used to calculate the levy must be kept current.

(4) The municipality must include a requirement for a periodic review

of the calculation of the levy in the bylaw imposing the levy.

(5) There must be a correlation between the levy and the benefits to

new development.

Additional principles and criteria to

apply to s648(2.1) facilities

6(1) In calculating a levy imposed pursuant to

section 648(2.1) of the

Act, the municipality must take into consideration supporting statutory

plans, policies or agreements and any other relevant documents that

identify

(

a) the need for and anticipated benefits from the new facilities,

(

b) the anticipated growth horizon, and

(

c) the portion of the estimated cost of the facilities that is

proposed to be paid by each of

(

i) the municipality,

(ii) the revenue raised by the levy, and

(iii) other sources of revenue.

(2) In addition to the criteria set out in subsection (1), the principles

and criteria set out in sections 3, 4 and 5 apply when determining a

levy for the facilities referred to in

section 648(2.1) of the Act.

(3) The municipality has the discretion to establish service levels and

minimum building and base standards for the proposed facilities.

Additional principles and criteria to apply to s648.01

intermunicipal off-site levies

7(1) In calculating a levy imposed on an intermunicipal basis pursuant

section 648.01 of the Act, each participating municipality must use a

consistent methodology to calculate the levy and each bylaw imposing

the levy must

(

a) identify the same specific infrastructure and facilities,

(

b) identify the same benefitting area across each participating

municipality for the specific infrastructure and facilities, and

(

c) identify the portion of benefit attributable to each

participating municipality within that benefitting area.

(2) In addition to the criteria set out in subsection (1), the principles

and criteria set out in sections 3, 4 and 5 apply when determining an

intermunicipal levy referred to in

section 648.01 of the Act.

(3) In addition to the criteria set out in subsection (1), when

determining an intermunicipal levy referred to in

section 648.01 of the

Act for facilities referred to in

section 648(2.1) of the Act, the

principles and criteria set out in

section 6 apply.

Consultation

8(1) The municipality must consult in good faith with stakeholders

prior to making a final determination on defining and addressing

existing and future infrastructure and facility requirements.

(2) The municipality must consult in good faith with stakeholders

when determining the methodology on which to base the levy.

(3) Prior to passing or amending a bylaw imposing a levy, the

municipality must consult in good faith on the calculation of the levy

with stakeholders in the benefitting area where the levy will apply.

(4) During consultation under subsections (2), (3) and (4), the

municipality must make available to stakeholders on request any

assumptions, data or calculations used to determine the levy.

Annual report

9(1) The municipality must provide full and open disclosure of all the

levy costs and payments.

(2) The municipality must report on the levy annually and include in

the report the details of all levies received and utilized for each type of

facility and infrastructure within each benefitting area.

(3) Any report referred to in subsection (2) must be in writing and be

publicly available in its entirety.

Levy Bylaw Appeals

Who may appeal

10 Pursuant to

section 648.1 of the Act, any person who is directly

affected by a bylaw imposing a levy may submit a notice of appeal to

the Municipal Government Board.

Appeal period

11 An appeal must be submitted to the Municipal Government Board

within 30 days of the day on which the bylaw imposing the levy was

passed.

Form of appeal

12(1) A notice of appeal under

section 10 must

(

a) identify the municipality or municipalities that passed the

bylaw that is objected to,

(

b) identify how the appellant is directly affected by the bylaw

that is objected to,

(

c) set out the grounds on which the appeal is made,

(

d) contain a description of the relief requested by the appellant,

(

e) where the appellant is an individual, be signed by the

appellant or the appellant's lawyer,

(

f) where the appellant is a corporation, be signed by an

authorized director or officer of the corporation or by the

corporation's lawyer, and

(

g) contain an address for service for the appellant.

(2) If a notice of appeal does not comply with subsection (1), the

Municipal Government Board must reject it and dismiss the appeal.

Consolidation of appeals

13 Where there are 2 or more appeals commenced in accordance with

section 10, the Municipal Government Board may

(

a) consolidate the appeals,

(

b) hear the appeals at the same time,

(

c) hear the appeals consecutively, or

(

d) stay the determination of the appeals until the determination

of any other appeal.

No stay of levy

14(1) The municipality may continue to impose and collect a levy

even if the bylaw imposing the levy is subject to an appeal under

section 10.

(2) During the appeal period or pending the determination of an

appeal of the bylaw imposing the levy by the Municipal Government

Board, any levy received under that bylaw by the municipality must be

held in a separate account for each type of facility.

(3) The municipality must not use levy funds received while the bylaw

imposing the levy is subject to an appeal under

section 10 until the

appeal has been determined by the Municipal Government Board.

Sale of Facilities

Consultation on proposed sale

15 The municipality must engage in public consultation prior to the

sale of any facilities constructed using levy funds.

Proceeds of sale

16 The proceeds of the sale of a facility constructed using levy funds

must be used for the purpose for which the levy was originally

collected.

Repeal

17 The Principles and Criteria for Off-site Levies Regulation

(AR 48/2004) is repealed.

Coming into force

18 This Regulation comes into force on the coming into force of

sections 104, 105 and 131(

b) of the Modernized Municipal

Government Act and

section 1(60)(

a) of

An Act to Strengthen

Municipal Government.

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

Alberta Regulation 188/2017

Municipal Government Act

SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 354/2017)

on October 26, 2017 pursuant to

section 694 of the Municipal Government Act.

1 The Subdivision and Development Regulation

(AR 43/2002) is amended by this Regulation.

Section 1(1)(

c) is repealed and the following is

substituted:

the Food Regulation (AR 31/2006), but does not include a

food establishment to which that Regulation does not apply

pursuant to

section 2(2) of that Regulation;

Section 4 is amended

(

a) in subsection (2)

(

i) by striking out "A" and substituting "Subject to

section 653.1 of the Act, a";

(ii) in clause (

a) by striking out "the Subdivision and

Development Forms Regulation" and substituting

"Form 1 of the Schedule";

(iii) by striking out "and" at the end of clause (

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

(d.1) a copy of any agreement made under

section 664.1

of the Act, and

(

b) in subsection (3)(

d) by striking out "river, stream,

watercourse, lake or other";

(

c) in subsection (4) by striking out "and" at the end of

clause (e), by adding "and" at the end of clause (

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

(

g) information provided by the AER identifying the

location of any active wells, batteries, processing plants

or pipelines within the proposed subdivision.

Section 5(5) is amended

(

a) by striking out "On receipt of a complete application for

subdivision" and substituting "On an application for

subdivision being determined or deemed under

section 653.1

of the Act to be complete";

(

b) in clause (a)

(

i) by striking out "authority" and substituting

"board";

(ii) by striking out "school purposes" and substituting

"school board purposes";

(

c) in clause (d)

(

i) by striking out "Transportation" wherever it

occurs and substituting "the Minister responsible

for administration of the Highways Development and

Protection Act";

(ii) in subclause (

i) by striking out "where the posted

speed limit is less than 80 kilometres per hour";

(iii) in subclause (ii)

(

A) by striking out "0.8" and substituting "1.6";

(

B) by striking out "where the posted speed limit is

80 kilometres per hour or greater";

(

d) in clause (

e) by striking out "river, stream, watercourse,

lake or other" wherever it occurs;

(

e) by repealing clause (j)(

i) and substituting the

following:

(

i) any of the land that is the subject of the application is

adjacent to or contains, either wholly or partially,

(

A) land identified on the Listing of Historic Resources

maintained by the Minister responsible for the

administration of the Historical Resources Act, or

(

B) the public land set aside for use as historical

resources under the Public Lands Act,

(

f) by striking out "Environment and Sustainable Resource

Development" in the following clauses and

substituting "Environment and Parks":

clause (b);

clause (h);

clause (i).

Section 6 is amended

(

a) by striking out "A" and substituting "Subject to

section

640.1 of the Act, a";

(

b) in clause (a)

(

i) by striking out "receipt of the completed application"

and substituting "an application being determined or

deemed under

section 653.1 of the Act to be complete";

(ii) by striking out "a completed application" and

substituting "an application";

(

c) in clause (

b) by striking out "receipt of any other

completed application under

section 4(1)" and

substituting "an application under

section 4(1) being

determined or deemed under

section 653.1 of the Act to be

complete".

Section 10(1) is amended by striking out "permanent

additional overnight accommodation or public facility" and

substituting "permanent dwelling, public facility or unrestricted

country residential development".

Section 11(1) is amended by striking out "permanent

additional overnight accommodation or public facility" and

substituting "permanent dwelling, public facility or unrestricted

country residential development".

Section 12 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) Subject to subsection (5), a subdivision authority shall not

approve an application for subdivision for school, hospital, food

establishment or residential use unless

(

a) the property line of the proposed lot for school, hospital,

food establishment or residential use is 300 metres or

more from the working area of an operating wastewater

treatment plant, or

(

b) on considering the matters referred to in

section 7, each

proposed lot includes a suitable building site for school,

hospital, food establishment or residential use that is

300 metres or more from the working area of an

operating wastewater treatment plant.

(

b) by repealing subsection (4) and substituting the

following:

(4) Subject to subsection (5),

(

a) a subdivision authority shall not approve an application

for subdivision for the purposes of developing a

wastewater treatment plant unless the working area of

the wastewater treatment plant is situated at least 300

metres from the property line of an existing or a

proposed lot for any school, hospital, food

establishment or residential use, and

(

b) a development authority shall not issue a permit for the

purposes of developing a wastewater treatment plant

unless the working area of the wastewater treatment

plant is situated at least 300 metres from the building

site for an existing or a proposed school, hospital, food

establishment or residence.

Section 13 is amended

(

a) in subsection (2)

(

i) by striking out "the creation of a building site" and

substituting "a property line of a lot created by

subdivision";

(ii) by adding "being located" after "uses";

(iii) in clause (

c) by striking out "disposal area" and

substituting "working area or disposal area";

(iv) by striking out "or" at the end of clause (

c) and

by adding the following after clause (c):

(c.1) within 450 metres of the working area or disposal

area of an operating hazardous waste management

facility, or

(

b) in subsection (3)

(

i) in clause (

c) by striking out "disposal area" and

substituting "working area or disposal area";

(ii) by striking out "or" at the end of clause (

c) and

by adding the following after clause (c):

(c.1) is within 450 metres of the working area or

disposal area of an operating hazardous waste

management facility, or

(

c) in subsection (4) by striking out "residence or" and

substituting "residential use or";

(

d) in subsection (5) by striking out "Environment and

Sustainable Resource Development" and substituting

"Environment and Parks".

Section 14 is amended

(

a) by striking out "0.8" and substituting "1.6";

(

b) by striking out "where the posted speed limit is 80

kilometres per hour or greater";

(

c) in clause (

e) by adding "at the time of the application for

subdivision" after "Minister of Transportation".

Section 15(3) is amended by adding "solely" after "is to

be".

Section 19 is amended by adding the following after

clause (e):

(

f) a conservation reserve must be identified by a number with

the suffix "CR".

Section 20 is amended by striking out "the Subdivision and

Development Forms Regulation" and substituting "Form 2 of the

Schedule".

Section 22 is amended

(

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

clause (d):

(

e) the distance with respect to

(

i) a historical site, or

(ii) a historical site or a historical resource described in

an agreement under

section 5(5)(j)(ii).

(

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

(3) For the purposes of

section 678(2)(a)(ii) of the Act and

subsection (1)(e)(i), "historical site" means land identified on the

Listing of Historic Resources maintained by the Minister

responsible for the administration of the Historical Resources

Act.

Section 25 is repealed.

16 The following is added after

section 26:

Schedule

Form 1

(section 4)

Application for Subdivision

DATE of receipt of FILE NO.

completed Form

Fee Submitted:

THIS FORM IS TO BE COMPLETED IN FULL WHEREVER APPLICABLE BY

THE REGISTERED OWNER OF THE LAND THAT IS THE SUBJECT OF THE

APPLICATION OR BY A PERSON AUTHORIZED TO ACT ON THE

REGISTERED OWNER'S BEHALF

1. Name of registered owner of land to be subdivided:

Address, postal code and phone no.:

2. Name of agent (person authorized to act on behalf of registered owner),

if any:

Address, postal code and phone no.:

3. LEGAL DESCRIPTION AND AREA OF LAND TO BE SUBDIVIDED

All/part of the 1/4 sec. twp. range west of meridian being

all/parts of lot block Reg. Plan No. C.O.T. No Area of the

above parcel of land to be subdivided hectares

Municipal address (if applicable)

4. LOCATION OF LAND TO BE SUBDIVIDED

a. The land is situated in the municipality of

b. Is the land situated immediately adjacent to the municipal boundary?

Yes No

If "yes", the adjoining municipality is

c. Is the land situated within 1.6 kilometres of the centre line of a highway

right of way?

Yes No If "yes", the highway is No.

d. Does the proposed parcel contain or is it adjacent to a body of water

or by a drainage ditch or canal?

Yes No If "yes", state its name

e. Is the proposed parcel within 1.5 kilometres of a sour gas facility?

Yes No

5. EXISTING AND PROPOSED USE OF LAND TO BE SUBDIVIDED

Describe:

a. Existing use of the land

b. Proposed use of the land

c. The designated use of the land as classified under a land use bylaw

6. PHYSICAL CHARACTERISTICS OF LAND TO BE SUBDIVIDED

(WHERE APPROPRIATE)

a. Describe the nature of the topography of the land (flat, rolling, steep,

mixed)

b. Describe the nature of the vegetation and water on the land (brush, shrubs,

tree stands, woodlots, etc., - sloughs, creeks, etc.)

c. Describe the kind of soil on the land (sandy, loam, clay, etc.)

7. EXISTING BUILDINGS ON THE LAND TO BE SUBDIVIDED

Describe any buildings and any structures on the land and whether they are

to be demolished or moved

8. WATER AND SEWER SERVICES

If the proposed subdivision is to be served by other than a water distribution

system and a wastewater collection system, describe the manner of providing

water and sewage disposal:

9. REGISTERED OWNER OR PERSON ACTING ON THE

REGISTERED OWNER'S BEHALF

I (Full name) hereby certify that

? I am the registered owner, or

? I am the agent authorized to act on behalf of the registered owner

and that the information given on this form is full and complete and is,

to the best of my knowledge, a true statement of the facts relating to this

application for subdivision.

Address (Signed)

Phone No. Date

FURTHER INFORMATION MAY BE PROVIDED BY THE APPLICANT ON

THE REVERSE OF THIS FORM.

Form 2

(section 20)

Deferred Reserve Caveat

TAKE NOTICE that the (name of municipality) has an estate or

interest in the nature of municipal reserve, school reserve or municipal

and school reserve under

section 669 of the Municipal Government Act

by virtue of the decision of the (name of subdivision authority)

dated the day of , 20 in acres of the lands

described as follows:

standing in the register in the name(

s) of

and the caveator forbids the registration of any person as transferee or

owner of, or any instrument affecting, the said estate or interest, unless

the instrument or certificate of title, as the case may be, is expressed to

be subject to my claim.

I APPOINT

as the place at which notices and proceedings relating hereto may be

served.

DATED this day of , 20

(Signed)

(Title of person acting on behalf

of subdivision authority)

AFFIDAVIT IN SUPPORT OF CAVEAT

I make oath and say as follows:

1 I am the agent for the caveator.

2 I believe the caveator has a good and valid claim on the land and say

that this caveat is not being filed for the purpose of delaying or

embarrassing any person interested in or proposing to deal with it.

SWORN BEFORE ME at the of )

, in the Province of Alberta, the )

day of , .)

17(1) Subject to this section, this Regulation comes into

force on November 1, 2017.

(2) Section 3(a)(

i) comes into force on the coming into force

section 108 of the Modernized Municipal Government

Act.

(3) Section 3(a)(iii) comes into force on the coming into

force of

section 116 of the Modernized Municipal

Government Act.

(4) Section 3(

b) comes into force on the coming into force

section 4(

b) of the Modernized Municipal Government

Act.

(5) Section 4(

a) comes into force on the coming into force

section 108 of the Modernized Municipal Government

Act.

(6) Section 5(

a) comes into force on the coming into force

section 101 of the Modernized Municipal Government

Act.

(7) Section 5(

b) and (

c) come into force on the coming into

force of

section 108 of the Modernized Municipal

Government Act.

(8) Section 14(

b) comes into force on the coming into force

section 121(

a) of the Modernized Municipal Government

Act.

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

Alberta Regulation 189/2017

Municipal Government Act

EDMONTON METROPOLITAN REGION BOARD REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 355/2017)

on October 26, 2017 pursuant to

section 708.02 of the Municipal Government Act.

Definitions

Part 1

Edmonton Metropolitan

Region Board

2 Continuation of Board

3 Mandate of Board

4 Chair of Board

5 Voting rights of representatives

6 Power and duties of Board

Part 2

Preparation of Edmonton Metropolitan

Region Growth Plan

7 Preparation of Growth Plan

8 Objectives of Growth Plan

9 Contents of Growth Plan

10 Limitation of Plan

Part 3

Approval of Statutory Plans

11 Application of

Part

12 Regional Evaluation Framework

13 Approval of statutory plan

Part 4

Preparation of Edmonton

Metropolitan Region Servicing Plan

14 Servicing Plan

15 Objectives of Servicing Plan

16 Contents of Servicing Plan

Part 5

General Matters

17 Regulation review

18 Repeal

19 Coming into force

Schedule

Definitions

1 In this Regulation,

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

(b) "Board" means the Edmonton Metropolitan Region Board

continued under

section 2;

within the boundaries of the participating municipalities;

(d) "Framework" means the Regional Evaluation Framework,

including any amendments to the Framework, approved by

the Minister under

section 12;

(e) "Growth Plan" means an integrated growth management plan

for the Edmonton Metropolitan Region, including any

amendments to that plan, approved by the Minister under

section 708.1 of the Act;

(f) "Minister" means the Minister responsible for the Act;

(g) "participating municipality" means a municipality listed in

the Schedule;

(h) "representative" means a person appointed by a participating

municipality under

section 708.04 of the Act or designated

under

section 2(4) of this Regulation;

(i) "Servicing Plan" means a plan to provide services referred to

section 16 on a regional basis;

(j) "statutory plan" means

(

i) a statutory plan as defined in

section 616(dd) of the Act,

(ii) an amendment to a statutory plan referred to in

subclause (i).

Part 1

Edmonton Metropolitan

Region Board

Continuation of Board

2(1) In accordance with

section 708.02(1.2) of the Act, the Capital

Region Board is continued under the name of the Edmonton

Metropolitan Region Board.

(2) Each participating municipality may appoint a person to act in the

representative's place in the event of the representative's temporary

absence or temporary inability to act.

(3) A representative appointed under

section 708.04 of the Act and

subsection (2) must be a councillor of the participating municipality

that is appointing the representative.

(4) Until a participating municipality appoints a representative under

section 708.04 of the Act, the chief elected official of the participating

municipality is designated as that municipality's representative.

(5) If the representative of a participating municipality is unable to

attend a meeting of the Board, the Board, on the request of the

participating municipality, may provide for an alternative method of

representation for the participating municipality at that meeting.

(6) Representatives appointed under

section 708.04 of the Act are

expected to represent the perspectives of their respective municipality

during Board deliberations, but have a duty to act in the best interests

of the Board when taking actions or making decisions.

Mandate of Board

3(1) The Board shall

(

a) strive towards consensus regarding matters before the Board,

(

b) promote the long term sustainability of the Edmonton

Metropolitan Region,

(

c) ensure environmentally responsible land-use planning,

growth management and efficient use of land,

(

d) develop policies regarding the coordination of regional

infrastructure investment and service delivery,

(

e) promote the economic well-being and competitiveness of the

Edmonton Metropolitan Region, and

(

f) develop policies outlining how the Board shall engage the

public on the Growth Plan and the Servicing Plan.

(2) In fulfilling its mandate, the Board shall further

(

a) prepare a Growth Plan,

(

b) prepare a Servicing Plan,

(

c) advise and make recommendations to the Minister regarding

the implementation of the Growth Plan and the Servicing

Plan,

(

d) facilitate the resolution of issues arising from the preparation

and implementation of the Growth Plan and the Servicing

Plan, and

(

e) develop and implement policies for the sharing of costs for

regional projects of the Edmonton Metropolitan Region.

Chair of Board

4(1) Representatives appointed under

section 708.04 of the Act or

designated by

section 2(4) shall elect from among them a Chair of the

Board.

(2) Despite subsection (1), the Minister may by order appoint an

interim Chair of the Board.

(3) If the Minister appoints an interim Chair, the term of the Chair

elected under subsection (1) commences on the day after the expiry of

the term of the interim Chair.

(4) The interim Chair does not have voting rights.

(5) The representatives appointed under

section 708.04 of the Act or

designated by

section 2(4) may appoint a Chair that is not a

representative appointed under

section 708.04 of the Act or designated

section 2(4) in accordance with policies established by the Board.

(6) A Chair appointed under

section 4(5) does not have voting rights.

Voting rights of representatives

5(1) Subject to

section 708.03(2) of the Act and

section 4(4) and (6)

of this Regulation, each representative has one vote.

(2) If a decision of the Board is to be made by a vote, the decision

must be supported by not fewer than 2/3 of the representatives from

participating municipalities that collectively have at least 2/3 of the

population in the Edmonton Metropolitan Region.

(3) Subject to

section 2(5), if a representative is not present for a vote

of the Board, or abstains from voting, the representative is deemed to

have voted in the affirmative.

Power and duties of Board

6 The Board may

(

a) develop policies allowing for the participation of non-

members,

(

b) requisition participating municipalities for operating costs

related to the operations of the Board and capital costs where

authorized by the Board, and

(

c) carry out any other functions and duties as the Minister

directs.

Part 2

Preparation of Edmonton

Metropolitan Growth Plan

Preparation of Growth Plan

7(1) The Board shall, within 3 years from the coming into force of

this Regulation, prepare and submit to the Minister a proposed

Edmonton Metropolitan Region Growth Plan.

(2) The Board shall review the Growth Plan every 10 years, or earlier

as determined by the Board, unless otherwise ordered by the Minister

under

section 708.24(2) of the Act.

Objectives of Growth Plan

8 The objectives of the Growth Plan are

(

a) to promote an integrated and strategic approach to planning

for future growth in the Edmonton Metropolitan Region,

(

b) to identify the overall development pattern and key future

infrastructure investments that would

(

i) best complement existing infrastructure, services and

land uses in the Edmonton Metropolitan Region,

(ii) best complement the desired scale of development and

community visions across the Edmonton Metropolitan

Region,

(iii) best address efficient and cost effective growth and

development, and

(iv) maximize benefits to the Edmonton Metropolitan

Region,

(

c) to coordinate decisions in the Edmonton Metropolitan

Region to sustain economic growth and ensure strong

communities and a healthy environment, and

(

d) to promote the social, environmental and economic

well-being and competitiveness of the Edmonton

Metropolitan Region.

Contents of Growth Plan

9(1) Except as otherwise specified by the Minister, a proposed

Growth Plan must contain a comprehensive, integrated regional land-

use plan for the Edmonton Metropolitan Region that includes the

following:

(

a) population and employment projections;

(

b) the identification of

(

i) growth areas,

(ii) land supply for residential, commercial and industrial

purposes,

(iii) agricultural lands,

(iv) density of development,

(

v) the development and location of infrastructure, and

(vi) corridors for recreation, transportation, energy

transmission, utilities and intermunicipal transit;

(

c) policies regarding the planning for corridors for recreation,

transportation, energy transmission, utilities and

intermunicipal transit;

(

d) policies regarding environmentally sensitive areas;

(

e) policies regarding the coordination of infrastructure planning

and development among the participating municipalities;

(

f) policies that address new settlement areas;

(

g) policies that address the intensification of existing settlement

areas;

(

h) policies regarding the conservation of agricultural lands;

(

i) specific actions to be taken by the participating

municipalities to implement the Growth Plan.

(2) In preparing a proposed Growth Plan, the Board may also have

regard to any matter relating to the physical, social or economic

development of the Edmonton Metropolitan Region.

Limitation of Plan

10 Despite anything to the contrary in this Regulation, the Growth

Plan is of no effect to the extent it directs the Government of Alberta to

expend funds, to commit to funding arrangements or to undertake

particular actions or adopt particular policies or programs.

Part 3

Approval of Statutory Plans

Application of

Part

11 This Part applies to a statutory plan only after a Regional

Evaluation Framework is approved by the Minister under

section 12.

Regional Evaluation Framework

12(1) The Board shall prepare and submit to the Minister a Regional

Evaluation Framework containing

(

a) criteria to be used to determine whether a statutory plan must

be submitted for approval under

section 13(1),

(

b) procedures for submitting statutory plans for approval under

section 13(1), and

(

c) the criteria and procedures to be followed by the Board for

the objective evaluation and approval of statutory plans in

relation to the Growth Plan and the Servicing Plan.

(2) The Minister may, by order, approve, reject or amend a

Framework.

(3) The Framework has no effect until it is approved by the Minister.

(4) If the Board fails to provide a Framework, the Minister may, by

order, establish a Framework.

(5) Subject to subsections (3) and (4), if the Minister establishes or

approves a Framework, the Minister shall provide a copy of it to each

participating municipality.

(6) The Framework is not a regulation within the meaning of the

Regulations Act.

Approval of statutory plan

13(1) Statutory plans to be adopted by a participating municipality

that meet the criteria set out in the Framework must be submitted to the

Board for approval.

(2) In accordance with the Framework, the Board may approve or

reject a statutory plan.

(3) A statutory plan referred to in subsection (1) has no effect unless it

is approved by the Board under subsection (2).

(4) Subject to an appeal or dispute resolution mechanism established

under

section 708.23(1) of the Act or as otherwise provided in the

Framework, a participating municipality has no right to a hearing

before the Board in respect of its approval or rejection of a statutory

plan.

(5) Subject to

section 708.23(1) of the Act, a decision of the Board

under this

section is final and not subject to appeal.

(6) This

section applies only to statutory plans to be adopted by a

participating municipality after the establishment of the Framework.

Part 4

Preparation of Edmonton Metropolitan

Region Servicing Plan

Servicing Plan

14(1) The Board shall, within 2 years from the coming into force of

this Regulation, prepare a Metropolitan Region Servicing Plan for the

Edmonton Metropolitan Region and file a copy with the Minister.

(2) The Board shall review the Servicing Plan every 5 years.

Objectives of Servicing Plan

15 The objectives of the Servicing Plan are as follows:

(

a) to identify the services required to support the goals of, and

to implement, the Growth Plan;

(

b) to support the optimization of shared services to enhance use

of ratepayer dollars;

(

c) to facilitate orderly, economical and environmentally

responsible growth in the Edmonton Metropolitan Region;

(

d) to coordinate planning and decisions regarding services

among member municipalities to ensure the optimization of

ratepayer dollars.

Contents of Servicing Plan

16 The Servicing Plan must

(

a) list the servicing required to support the development

outlined in the Growth Plan, which may include

(

i) transportation, including regional transit,

(ii) water, waste water and storm water,

(iii) solid waste,

(iv) emergency services, and

(

v) any other services, identified by the board which benefit

residents in more than one of the municipalities that are

parties to the Servicing Plan,

(

b) for services to be provided on an intermunicipal basis, outline

how each service will be

(

i) intermunicipally delivered, including which

municipality will lead delivery of the service, and

(ii) intermunicipally funded,

(

c) set the timeframe for implementing services to be provided

on an intermunicipal basis,

(

d) contain other matters necessary to support the Growth Plan,

and

(

e) contain any other matter the Minister considers appropriate.

Part 5

General Matters

Regulation review

17 This Regulation shall be reviewed every 5 years.

Repeal

18 The Capital Region Board Regulation (AR 38/2012) is repealed.

Coming into force

19 This Regulation comes into force on the coming into force of

section 133(

a) of the Modernized Municipal Government Act.

Schedule

Participating Municipalities

(

a) City of Edmonton;

(

b) Town of Beaumont;

(

c) Town of Devon;

(

d) City of Fort Saskatchewan;

(

e) City of Leduc;

(

f) Leduc County;

(

g) Town of Morinville;

(

h) Parkland County;

(

i) City of St. Albert;

(

j) City of Spruce Grove;

(

k) Town of Stony Plain;

(

l) Strathcona County;

(

m) Sturgeon County.

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

Alberta Regulation 190/2017

Municipal Government Act

CALGARY METROPOLITAN REGION BOARD REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 356/2017)

on October 26, 2017 pursuant to

section 708.02 of the Municipal Government Act.

Definitions

Part 1

Calgary Metropolitan Region Board

2 Establishment of Board

3 Mandate of Board

4 Chair of Board

5 Voting rights of representatives

6 Power and duties of Board

Part 2

Preparation of Calgary Metropolitan

Region Growth Plan

7 Preparation of Growth Plan

8 Objectives of Growth Plan

9 Contents of Growth Plan

10 Limitation of Plan

Part 3

Approval of Statutory Plans

11 Application of

Part

12 Regional Evaluation Framework

13 Approval of statutory plan

Part 4

Preparation of Calgary

Metropolitan Region Servicing Plan

14 Servicing Plan

15 Objectives of Servicing Plan

16 Contents of Servicing Plan

Part 5

General Matters

17 Transitional

18 Regulation review

19 Coming into force

Schedule

Definitions

1 In this Regulation,

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

(b) "Board" means the Calgary Metropolitan Region Board

established by

section 2;

the boundaries of the participating municipalities;

(d) "Framework" means the Regional Evaluation Framework,

including any amendments to the Framework, approved by

the Minister under

section 12;

(e) "Growth Plan" means an integrated growth management plan

for the Calgary Metropolitan Region, including any

amendments to that plan, approved by the Minister under

section 708.1 of the Act;

(f) "Minister" means the Minister responsible for the Act;

(g) "participating municipality" means a municipality listed in

the Schedule;

(h) "recreation corridor" means a corridor with varying width

where one or more trail recreation activities occur;

(i) "representative" means a person appointed by a participating

municipality under

section 708.04 of the Act or designated

under

section 2(4) of this Regulation;

(j) "Servicing Plan" means a plan to provide services referred to

section 16 on a regional basis;

(k) "statutory plan" means

(

i) a statutory plan as defined in

section 616(dd) of the Act,

(ii) an amendment to a statutory plan referred to in

subclause (i).

Part 1

Calgary Metropolitan Region Board

Establishment of Board

2(1) The Calgary Metropolitan Region Board is established in

accordance with

section 708.02(1.1) of the Act.

(2) Each participating municipality may appoint a person to act in the

representative's place in the event of the representative's temporary

absence or temporary inability to act.

(3) A representative appointed under

section 708.04 of the Act and

subsection 2(2) must be a councillor of the participating municipality

that is appointing the representative.

(4) Until a participating municipality appoints a representative under

section 708.04 of the Act, the chief elected official of the participating

municipality is designated as that municipality's representative.

(5) If the representative of a participating municipality is unable to

attend a meeting of the Board, the Board, on the request of the

participating municipality, may provide for an alternative method of

representation for the participating municipality at that meeting.

(6) Representatives appointed under

section 708.04 of the Act are

expected to represent the perspectives of their respective municipality

during Board deliberations, but have a duty to act in the best interests

of the Board when taking actions or making decisions.

Mandate of Board

3(1) The Board shall

(

a) strive towards consensus regarding matters before the Board,

(

b) promote the long term sustainability of the Calgary

Metropolitan Region,

(

c) ensure environmentally responsible land-use planning,

growth management and efficient use of land,

(

d) develop policies regarding the coordination of regional

infrastructure investment and service delivery,

(

e) promote the economic well-being and competitiveness of the

Calgary Metropolitan Region,

(

f) develop policies outlining how the Board shall engage the

public on the Growth Plan and the Servicing Plan, and

(

g) be limited in its mandate and role to those powers given to

the Board under the Act and this Regulation.

(2) In fulfilling its mandate, the Board shall further

(

a) prepare a Growth Plan,

(

b) prepare a Servicing Plan,

(

c) advise and make recommendations to the Minister regarding

the implementation of the Growth Plan and the Servicing

Plan,

(

d) facilitate the resolution of issues arising from the preparation

and implementation of the Growth Plan and the Servicing

Plan, and

(

e) develop and implement policies for the sharing of costs for

regional projects of the Calgary Metropolitan Region.

Chair of Board

4(1) Representatives appointed under

section 708.04 of the Act or

designated by

section 2(4) shall elect from among them a Chair of the

Board.

(2) Despite subsection (1), the Minister may by order appoint an

interim Chair of the Board.

(3) If the Minister appoints an interim Chair, the term of the Chair

elected under subsection (1) commences on the day after the expiry of

the term of the interim Chair.

(4) The interim Chair does not have voting rights.

(5) The representatives appointed under

section 708.04 of the Act or

designated by

section 2(4) may appoint a Chair that is not a

representative appointed under

section 708.04 of the Act or designated

section 2(4) in accordance with policies established by the Board.

(6) A Chair appointed under

section 4(5) does not have voting rights.

Voting rights of representatives

5(1) Subject to

section 708.03(2) of the Act and

section 4(4) and (6)

of this Regulation, each representative has one vote.

(2) If a decision of the Board is to be made by a vote, the decision

must be supported by not fewer than 2/3 of the representatives from

participating municipalities that collectively have at least 2/3 of the

population in the Calgary Metropolitan Region.

(3) Subject to

section 2(5), if a representative is not present for a vote

of the Board, or abstains from voting, the representative is deemed to

have voted in the affirmative.

Power and duties of Board

6 The Board may

(

a) develop policies allowing for the participation of non-

members,

(

b) requisition participating municipalities for operating costs

related to the operations of the Board, and

(

c) carry out any other functions and duties as the Minister

directs.

Part 2

Preparation of Calgary Metropolitan

Region Growth Plan

Preparation of Growth Plan

7(1) The Board shall, within 3 years from the coming into force of

this Regulation, prepare and submit to the Minister a proposed Calgary

Metropolitan Region Growth Plan.

(2) The Board shall review the Growth Plan every 10 years, or earlier

as determined by the Board, unless otherwise ordered by the Minister

under

section 708.24(2) of the Act.

Objectives of Growth Plan

8 The objectives of the Growth Plan are

(

a) to promote an integrated and strategic approach to planning

for future growth in the Calgary Metropolitan Region,

(

b) to identify the overall development pattern and key future

infrastructure investments that would

(

i) best complement existing infrastructure, services and

land uses in the Calgary Metropolitan Region,

(ii) best complement the desired scale of development and

community visions across the Calgary Metropolitan

Region,

(iii) best address efficient and cost effective growth and

development, and

(iv) maximize benefits to the Calgary Metropolitan Region,

(

c) to coordinate decisions in the Calgary Metropolitan Region

to sustain economic growth and ensure strong communities

and a healthy environment, and

(

d) to promote the social, environmental and economic

well-being and competitiveness of the Calgary Metropolitan

Region.

Contents of Growth Plan

9(1) Except as otherwise specified by the Minister, a proposed

Growth Plan must contain a comprehensive, integrated regional land-

use plan for the Calgary Metropolitan Region that includes the

following:

(

a) population and employment projections;

(

b) the identification of

(

i) growth areas,

(ii) land supply for residential, commercial and industrial

purposes,

(iii) agricultural lands,

(iv) density of development,

(

v) the development and location of infrastructure, and

(vi) corridors for recreation, transportation, energy

transmission, utilities and intermunicipal transit;

(

c) policies regarding the planning for corridors for recreation,

transportation, energy transmission, utilities and

intermunicipal transit;

(

d) policies regarding environmentally sensitive areas;

(

e) policies regarding the coordination of infrastructure planning

and development among the participating municipalities;

(

f) policies that address new settlement areas;

(

g) policies that address the intensification of existing settlement

areas;

(

h) policies regarding the conservation of agricultural lands;

(

i) specific actions to be taken by the participating

municipalities to implement the Growth Plan.

(2) In preparing a proposed Growth Plan, the Board may also have

regard to any matter relating to the physical, social or economic

development of the Calgary Metropolitan Region.

Limitation of Plan

10 Despite anything to the contrary in this Regulation, the Growth

Plan is of no effect to the extent it directs the Government of Alberta to

expend funds, to commit to funding arrangements or to undertake

particular actions or adopt particular policies or programs.

Part 3

Approval of Statutory Plans

Application of

Part

11 This Part applies to a statutory plan only after a Regional

Evaluation Framework is approved by the Minister under

section 12.

Regional Evaluation Framework

12(1) The Board shall prepare and submit to the Minister a Regional

Evaluation Framework containing

(

a) criteria to be used to determine whether a statutory plan must

be submitted for approval under

section 13(1),

(

b) procedures for submitting statutory plans for approval under

section 13(1), and

(

c) the criteria and procedures to be followed by the Board for

the objective evaluation and approval of statutory plans in

relation to the Growth Plan and the Servicing Plan.

(2) The Minister may, by order, approve, reject or amend a

Framework.

(3) The Framework has no effect until it is approved by the Minister.

(4) If the Board fails to provide a Framework, the Minister may, by

order, establish a Framework.

(5) Subject to subsections (3) and (4), if the Minister establishes or

approves a Framework, the Minister shall provide a copy of it to each

participating municipality.

(6) The Framework is not a regulation within the meaning of the

Regulations Act.

Approval of statutory plan

13(1) Statutory plans to be adopted by a participating municipality

that meet the criteria set out in the Framework must be submitted to the

Board for approval.

(2) In accordance with the Framework, the Board may approve or

reject a statutory plan.

(3) A statutory plan referred to in subsection (1) has no effect unless it

is approved by the Board under subsection (2).

(4) Subject to an appeal or dispute resolution mechanism established

under

section 708.23(1) of the Act or as otherwise provided in the

Framework, a participating municipality has no right to a hearing

before the Board in respect of its approval or rejection of a statutory

plan.

(5) Subject to

section 708.23(1) of the Act, a decision of the Board

under this

section is final and not subject to appeal.

(6) This

section applies only to statutory plans to be adopted by a

participating municipality after the establishment of the Framework.

Part 4

Preparation of Calgary

Metropolitan Region Servicing Plan

Servicing Plan

14(1) The Board shall, within 3 years of the establishment of the

Board, prepare a Metropolitan Region Servicing Plan for the Calgary

Metropolitan Region and file a copy with the Minister.

(2) The Board shall review the Servicing Plan every 5 years.

Objectives of Servicing Plan

15 The objectives of the Servicing Plan are as follows:

(

a) to identify the services required to support the goals of, and

to implement, the Growth Plan;

(

b) to support the optimization of shared services to enhance use

of ratepayer dollars;

(

c) to facilitate orderly, economical and environmentally

responsible growth in the Calgary Metropolitan Region.

Contents of Servicing Plan

16 The Servicing Plan must

(

a) list the servicing required to support the development

outlined in the Growth Plan, which may include

(

i) transportation, including regional transit,

(ii) water, waste water and storm water,

(iii) solid waste,

(iv) emergency services, and

(

v) any other services, identified by the board which benefit

residents in more than one of the municipalities that are

parties to the Servicing Plan,

(

b) for services to be provided on an intermunicipal basis, outline

how each service will be

(

i) intermunicipally delivered, including which

municipality will lead delivery of the service, and

(ii) intermunicipally funded,

(

c) set the timeframe for implementing services to be provided

on an intermunicipal basis,

(

d) contain any other matters necessary to support the growth

plan, and

(

e) contain any other matter the Minister considers appropriate.

Part 5

General Matters

Transitional

17 Sections 708.13 and 708.14 of the Act do not apply to statutory

plans adopted, bylaws made, resolutions passed or municipal

agreements entered into by a participating municipality before the

coming into force of this Regulation.

Regulation review

18 This Regulation shall be reviewed every 5 years.

Coming into force

19 This Regulation comes into force on January 1, 2018.

Schedule

Participating Municipalities

(

a) City of Airdrie;

(

b) City of Calgary;

(

c) City of Chestermere;

(

d) Town of Cochrane;

(

e) Town of High River;

(

f) Town of Okotoks;

(

g) Town of Strathmore;

(

h) Rocky View County;

(

i) Municipal District of Foothills;

(

j) That portion of Wheatland County described as follows:

Starting at the southeast corner of

section 21, township

23, range 24; Then westerly until the southwestern

corner of

section 19, township 23, range 26; Then

northerly until the northwestern corner of

section 31,

township 24, range 26; Then easterly until the

northeastern corner of

section 33, township 24, range

24; Then southerly to the point of commencement. All

west of the fourth meridian

Approximate area: 87 000 acres

Includes all of:

Township 23, Range 24

Sections 28-33, 19-21

Township 23, Range 25

Sections 19-36

Township 23, Range 26

Sections 19-36

Township 24, Range 24

Sections 4-9, 16-21, 28-33

Township 24, Range 25

All sections

Township 24, Range 26

All sections

All west of the fourth meridian

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

Alberta Regulation 191/2017

Municipal Government Act

INTERMUNICIPAL COLLABORATION FRAMEWORK REGULATION

Filed: October 26, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 357/2017)

on October 26, 2017 pursuant to

section 708.52 of the Municipal Government Act.

Definitions

2 Exemptions

3 Duty to act in good faith

4 Proposal for other services

5 Other bylaws must align with framework

6 Notice of amendment to framework

Part 1

Arbitration Process for Creating Framework

7 Application of

Part

8 Arbitrator must be independent and impartial

9 Disclosure of reasonable apprehension of bias

10 Minister-appointed arbitrator's rates and payments

11 Conduct of the arbitration

12 Preliminary meeting

13 Arbitrator not bound by rules of evidence

14 Witnesses

15 Agreed statement of facts

16 Production of documents

17 Appointment of experts

18 Submissions from public

19 Hearings open to public

20 Arbitrator's order

21 Amendment or variance of arbitrator's order

22 Record of proceeding

Part 2

Dispute Resolution Process

23 Application of

Part

24 Requirements

25 Model provisions

26 Framework remains in force

Part 3

Judicial Review

27 Arbitrator's order is final

28 Judicial review of order

29 Notice of application to arbitrator

Part 4 Coming into Force

30 Coming into force

Schedule

Definitions

1 In this Regulation,

(a) "party" means a municipality that creates a framework with

one or more other municipalities;

(b) "representative" means a person selected by a party who

(

i) holds a senior position with the party, and

(ii) has authority to negotiate for or settle a dispute on

behalf of the party;

necessary to provide a service.

Exemptions

2 The following improvement districts are exempt from

Part 17.2 of

the Act:

(

a) Improvement District No. 13 (Elk Island);

(

b) Improvement District No. 24 (Wood Buffalo);

(

c) Improvement District No. 25 (Willmore Wilderness).

Duty to act in good faith

3(1) In creating or amending a framework, the parties must

(

a) act honestly, respectfully and reasonably,

(

b) have regard to the legitimate interests of each party,

(

c) have an appropriate communication approach,

(

d) look for the potential for joint benefit of all parties,

(

e) disclose to each other information that is necessary to

understand a position or formulate an intelligent response,

(

f) meet through representatives who are equipped and fully

authorized to engage in rational discussion, and

(

g) be willing and be prepared to explore the issues presented by

all parties and explain the rationale for their positions.

(2) In creating or amending a framework, the parties must not

(

a) act in a manner that is arbitrary, capricious or intended to

cause harm to any of the parties,

(

b) make improper demands, or

(

c) engage in a process that is intended to avoid reaching any

agreement.

Proposal for other services

4(1) When a party proposes that a framework address a service

referred to in

section 708.29(2)(

f) of the Act, the party must provide to

the other parties a rationale as to why that service has a benefit to

residents in the affected municipalities.

(2) In providing a rationale under subsection (1), the party must have

regard to

Part 17.2 of the Act.

Other bylaws must align with framework

5(1) For the purposes of

section 708.4 of the Act, the parties must

align their bylaws, other than their land use bylaws, with the

framework within 2 years after the bylaw to create the framework is

adopted.

(2) If there is a conflict or inconsistency between a bylaw and the

framework, the framework prevails to the extent of the conflict or

inconsistency.

Notice of amendment to framework

6 If a party wishes to amend the framework, the party must give 30

days' written notice to the other parties.

Part 1

Arbitration Process for

Creating Framework

Application of

Part

7 This Part applies to Division 3 of

Part 17.2 of the Act.

Arbitrator must be independent and impartial

8(1) Unless the parties agree otherwise, an arbitrator must be

independent of the parties and impartial as between the parties in

respect of the process for creating the framework.

(2) An arbitrator must not act as an advocate for any party.

Disclosure of reasonable apprehension of bias

9(1) Before accepting an appointment as arbitrator, the person must

disclose to the parties any circumstances of which that person is aware

that may give rise to a reasonable apprehension of bias.

(2) An arbitrator who, during arbitration, becomes aware of

circumstances that may give rise to a reasonable apprehension of bias

must promptly disclose the circumstances to the parties.

Minister-appointed arbitrator's rates and payments

10 If, under

section 708.35(2) of the Act, the Minister chooses the

arbitrator, the Minister may specify the arbitrator's rates and payments

by agreement with the arbitrator.

Conduct of the arbitration

11(1) Subject to this Part, the arbitrator may conduct the arbitration in

any manner that the arbitrator considers appropriate to facilitate the

just and timely resolution of the disputed issues.

(2) Without limiting the generality of subsection (1), the arbitrator

may conduct the arbitration on the basis of documents, or he or she

may hold a hearing for the presentation of evidence, including a full

arbitration hearing with witnesses, expert testimony and oral argument.

(3) If the arbitrator holds a hearing, the arbitrator must give the parties

sufficient notice of the hearing and any deadlines for the submission of

evidence and written argument.

(4) Each party must be given an opportunity to present a case and to

respond to the other parties' cases.

(5) The arbitrator may conduct the arbitration and make a decision

based on the evidence presented if a party fails, without reasonable

excuse in the sole discretion of the arbitrator,

(

a) to appear at a scheduled oral hearing, or

(

b) to produce evidence.

Preliminary meeting

12(1) The arbitrator must convene a preliminary meeting, in person or

by electronic means, with the parties within 21 days of the selection or

appointment of the arbitrator

(

a) to discuss the reports provided to the arbitrator by the parties

in accordance with

section 708.37(1)(

a) of the Act, and to

identify the disputed issues,

(

b) to discuss the process and procedures to be followed,

(

c) to set time periods within which specified actions must be

taken, and

(

d) to discuss other matters that the arbitrator believes will

facilitate the arbitration in an efficient and timely manner.

(2) The arbitrator must give the parties a written

summary of the

matters discussed at the preliminary meeting as soon as possible after

the preliminary meeting.

Arbitrator not bound by rules of evidence

13 The arbitrator is not bound by the rules of evidence or any other

law applicable to court proceedings, and has the power to determine

the admissibility, relevance and weight of any evidence.

Witnesses

14(1) Unless the arbitrator decides otherwise, a witness's evidence

must be presented orally or by a written statement or declaration

affirmed or sworn for its truth.

(2) If evidence is not delivered orally, the arbitrator may order that the

witness be present at an oral hearing for cross-examination.

Agreed statement of facts

15 Unless an arbitrator decides otherwise, the parties must identify

facts they do not dispute, and deliver an agreed statement of facts to

the arbitrator.

Production of documents

16(1) A party must provide to the arbitrator and to the other parties a

copy of all documents it intends to rely on in the arbitration and allow

the parties to make representations in respect to those documents.

(2) The arbitrator may order a party to produce, within a specified

time, documents that

(

a) the party has in its care, custody or control, and

(

b) the arbitrator considers to be relevant.

(3) The arbitrator must not rely on any document of which the parties

have not been provided a copy.

(4) If the arbitrator conducts independent information gathering,

including written submissions from the public, regarding one or more

of the disputed issues, the arbitrator must share that information with

the parties and allow the parties to make representations in respect of

that information.

(5) The arbitrator may require the parties to enter into a confidentiality

agreement with respect to the sharing of confidential information for

the purpose of arbitration.

Appointment of experts

17(1) An arbitrator may appoint one or more experts to report to the

arbitrator on specific issues.

(2) The arbitrator may require the parties to give the expert any

relevant information or to allow the expert to inspect property or

documents.

(3) If the arbitrator holds a hearing, the expert, after making the report,

must participate in the hearing, and the parties may question the expert

and present the testimony of another expert on the subject-matter of the

report.

(4) The remuneration for an expert is to be paid in a like manner as an

arbitrator in accordance with

section 708.41 of the Act.

Submissions from public

18(1) An arbitrator may solicit written submissions from the public.

(2) If the arbitrator solicits written submissions from the public, the

arbitrator must take into consideration any written submissions

received.

Hearings open to public

19 Subject to the arbitrator's discretion, hearings are open to the

public.

Arbitrator's order

20(1) Unless the parties resolve the disputed issues during the

arbitration, the arbitrator must make an order as soon as possible after

the conclusion of the arbitration.

(2) The arbitrator's order must

(

a) be in writing,

(

b) be signed and dated,

(

c) state the reasons on which it is based,

(

d) if the arbitrator has created a framework, include the

timelines for each party to pass a bylaw adopting the

framework, and

(

e) specify all expenditures incurred in the arbitration process for

payment under

section 708.41 of the Act.

(3) In addition to filing the order with the Minister in accordance with

section 708.42 of the Act, the arbitrator must provide a copy of the

order to each party.

(4) An arbitrator must not make an order

(

a) that has the effect of granting, varying or otherwise affecting

any licence, permit or approval that is subject to the Act or

any other enactment,

(

b) on any matter that is subject to the exclusive jurisdiction of

the Municipal Government Board,

(

c) that is contrary to the Alberta Land Stewardship Act or any

ALSA regional plan,

(

d) that is contrary to a growth plan made pursuant to

section

708.02(2) of the Act,

(

e) that directs a municipality to raise revenue by imposing a

specific tax rate, offsite levy or other rate, fee or charge, or

(

f) that directs a municipality to transfer revenue to another

municipality unless the revenue transfer is directly related to

services provided by a municipality that the revenue

transferring municipality derives benefit from, and it is

equitable to do so.

Amendment or variance of arbitrator's order

21 The arbitrator may amend or vary the arbitrator's order to correct

(

a) a clerical, mathematical or typographical error, or

(

b) an omission or other similar mistake.

Record of proceeding

22 On conclusion of the arbitration and issuance of an order, the

arbitrator must proceed to compile a record of the arbitration and give

a copy of the record to each of the parties.

Part 2

Dispute Resolution Process

Application of

Part

23 This Part applies to Division 4 of

Part 17.2 of the Act.

Requirements

24(1) A dispute resolution process under Division 4 of

Part 17.2 of

the Act must contain or address the following matters:

(

a) how notice of the dispute will be given and to whom;

(

b) when the parties are to meet and the process they will follow

to resolve the dispute, including, without limitation,

negotiation, facilitation and mediation;

(

c) how a decision maker will be chosen and what powers, duties

and functions the decision maker will have;

(

d) the decision maker's practice and procedures;

(

e) a binding dispute resolution mechanism;

(

f) how any costs incurred as part of the dispute resolution

process are to be shared among the parties;

(

g) how records of the dispute resolution process are maintained,

and who maintains the records;

(

h) how parties or the public, or both, are identified;

(

i) when parties or the public, or both, may be notified of the

dispute;

(

j) if and how parties or the public, or both, will be engaged in

the dispute resolution process.

(2) If the dispute resolution process is not completed within one year

from the date the notice of the dispute is given, any party may request

the Minister to appoint an arbitrator pursuant to

section 6(2) of the

Schedule.

Model provisions

25 For the purposes of

section 708.45(2) of the Act, the model dispute

resolution provisions are those set out in the Schedule.

Framework remains in force

26 During a dispute in respect of a framework, the parties must

continue to perform their obligations under the framework.

Part 3

Judicial Review

Arbitrator's order is final

27 Except as provided in this Part, every order of an arbitrator is final

and binding on all parties to the order and shall not be questioned,

reviewed or restrained by any proceeding in the nature of an

application for judicial review or otherwise in any court.

Judicial review of order

28(1) An order of an arbitrator may be reviewed by the Court of

Queen's Bench on a question of jurisdiction only.

(2) For the purposes of a judicial review, the arbitrator is considered to

be an expert decision-maker in relation to all matters over which the

arbitrator has jurisdiction.

Notice of application to arbitrator

29 Where an order of an arbitrator is the subject of any application to

the Court of Queen's Bench under

section 28, the person making the

application must give the arbitrator notice of the application.

Part 4 Coming into Force

Coming into force

30 This Regulation comes into force on the coming into force of

section 134 of the Modernized Municipal Government Act.

Schedule

Model Default Dispute Resolution Provisions

Definitions

1 In this Schedule,

(a) "initiating party" means a party who gives notice under

section 2 of this Schedule;

(b) "mediation" means a process involving a neutral person as a

mediator who assists the parties to a matter and any other

person brought in with the agreement of the parties to reach

their own mutually acceptable settlement of the matter by

structuring negotiations, facilitating communication and

identifying the issues and interests of the parties;

facilitate by mediation the resolution of a dispute between the

parties.

Notice of dispute

2 When a party believes there is a dispute under a framework and

wishes to engage in dispute resolution, the party must give written

notice of the matters under dispute to the other parties.

Negotiation

3 Within 14 days after the notice is given under

section 2 of this

Schedule, each party must appoint a representative to participate in

one or more meetings, in person or by electronic means, to attempt

to negotiate a resolution of the dispute.

Mediation

4(1) If the dispute cannot be resolved through negotiations, the

representatives must appoint a mediator to attempt to resolve the

dispute by mediation.

(2) The initiating party must provide the mediator with an outline of

the dispute and any agreed statement of facts.

(3) The parties must give the mediator access to all records,

documents and information that the mediator may reasonably

request.

(4) The parties must meet with the mediator at such reasonable

times as may be required and must, through the intervention of the

mediator, negotiate in good faith to resolve their dispute.

(5) All proceedings involving a mediator are without prejudice, and,

unless the parties agree otherwise, the cost of the mediator must be

shared equally between the parties.

Report

5(1) If the dispute has not been resolved within 6 months after the

notice is given under

section 2 of this Schedule, the initiating party

must, within 21 days, prepare and provide to the other parties a

report.

(2) Without limiting the generality of subsection (1), the report must

contain a list of the matters agreed on and those on which there is no

agreement between the parties.

(3) Despite subsection (1), the initiating party may prepare a report

under subsection (1) before the 6 months have elapsed if

(

a) the parties agree, or

(

b) the parties are not able to appoint a mediator under

section 4

of this Schedule.

Appointment of arbitrator

6(1) Within 14 days of a report being provided under

section 5 of

this Schedule, the representatives must appoint an arbitrator and the

initiating party must provide the arbitrator with a copy of the report.

(2) If the representatives cannot agree on an arbitrator, the initiating

party must forward a copy of the report referred to in

section 5 of

this

Schedule to the Minister with a request to the Minister to

appoint an arbitrator.

(3) In appointing an arbitrator under subsection (2), the Minister

may place any conditions on the arbitration process as the Minister

deems necessary.

Arbitration process

7(1) Where arbitration is used to resolve a dispute, the arbitration

and arbitrator's powers, duties, functions, practices and procedures

shall be the same as those in Division 3 of

Part 17.2 of the Act and

Part 1 of this Regulation.

(2) In addition to the arbitrator's powers under subsection (1), the

arbitrator may do the following:

(

a) require an amendment to a framework;

(

b) require a party to cease any activity that is inconsistent with

the framework;

(

c) provide for how a party's bylaws must be amended to be

consistent with the framework;

(

d) award any costs, fees and disbursements incurred in respect

of the dispute resolution process and who bears those costs.

Deadline for resolving dispute

8(1) The arbitrator must resolve the dispute within one year from

the date the notice of dispute is given under

section 2 of this

Schedule.

(2) If an arbitrator does not resolve the dispute within the time

described in subsection (1), the Minister may grant an extension of

time or appoint a replacement arbitrator on such terms and

conditions that the Minister considers appropriate.

Arbitrator's order

9(1) Unless the parties resolve the disputed issues during the

arbitration, the arbitrator must make an order as soon as possible

after the conclusion of the arbitration proceedings.

(2) The arbitrator's order must

(

a) be in writing,

(

b) be signed and dated,

(

c) state the reasons on which it is based,

(

d) include the timelines for the implementation of the order, and

(

e) specify all expenditures incurred in the arbitration process for

payment under

section 708.41 of the Act.

(3) The arbitrator must provide a copy of the order to each party.

(4) If an order of the arbitrator under section (2) is silent as to costs,

a party may apply to the arbitrator within 30 days of receiving the

order for a separate order respecting costs.

Costs of arbitrator

10(1) Subject to an order of the arbitrator or an agreement by the

parties, the costs of an arbitrator under this

Schedule must be paid on

a proportional basis by the municipalities that are to be parties to the

framework as set out in subsection (2).

(2) Each municipality's proportion of the costs must be determined

by dividing the amount of that municipality's equalized assessment

by the sum of the equalized assessments of all of the municipalities'

equalized assessments as set out in the most recent equalized

assessment.

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

Alberta Regulation 192/2017

Municipal Government Act

MUNICIPAL CORPORATE PLANNING REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:088/17) on October 10, 2017 pursuant to

section 283.1(7) of the

Municipal Government Act.

1 Definition

2 Requirements of financial plan

3 Requirements of capital plan

4 Transitional

5 Coming into force

Definition

1 In this Regulation, "Act" means the Municipal Government Act.

Requirements of financial plan

2 The financial plan that a municipality must prepare pursuant to

section 283.1(2) of the Act must include

(

a) anticipated total revenues and total expenses by major

category,

(

b) the anticipated annual surplus or deficit, and

(

c) the anticipated accumulated surplus or deficit.

Requirements of capital plan

3 The capital plan that a municipality must prepare pursuant to

section 283.1(3) of the Act must include

(

a) planned capital property additions, and

(

b) allocated or anticipated funding sources.

Transitional

4 The first financial year required to be reflected in a financial plan

and a capital plan is the 2020 financial year.

Coming into fore

5 This Regulation comes into force on the coming into force of

section 40 of the Municipal Government Amendment Act, 2015.

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

Alberta Regulation 193/2017

Municipal Government Act

PUBLIC PARTICIPATION POLICY REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:089/17) on October 10, 2017 pursuant to

section 216.1(3) of the

Municipal Government Act.

1 Definition

2 Public participation policy requirements

3 Participation policy must be made public

4 Review of public participation policy

5 Transitional

6 Coming into force

Definition

1 In this Regulation, "Act" means the Municipal Government Act.

Public participation policy requirements

2 A municipality's public participation policy must identify

(

a) the types or categories of approaches the municipality will

use to engage municipal stakeholders, and

(

b) the types or categories of circumstances in which the

municipality will engage municipal stakeholders.

Participation policy must be made public

3 A municipality must make its public participation policy available

for public inspection, and may post it on the municipality's website.

Review of public participation policy

4 A municipality must review its public participation policy at least

once every 4 years.

Transitional

5 A municipality must establish its public participation policy within

270 days after

section 216.1 of the Act comes into force.

Coming into force

6 This Regulation comes into force on the coming into force of

section 24 of the Municipal Government Amendment Act, 2015.

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

Alberta Regulation 194/2017

Municipal Government Act

SUBDIVISION AND DEVELOPMENT FORMS REPEAL REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:090/17) on October 10, 2017 pursuant to

section 604 of the Municipal

Government Act.

1 The Subdivision and Development Forms Regulation

(AR 44/2002) is repealed.

2 This Regulation comes into force on November 1, 2017.

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

Alberta Regulation 195/2017

Municipal Government Act

SUBDIVISION AND DEVELOPMENT APPEAL BOARD REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:091/17) on October 10, 2017 pursuant to

section 627.3 of the Municipal

Government Act.

Definitions

1 In this Regulation,

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

(b) "clerk" means a designated officer appointed as a clerk under

section 627.1 of the Act;

intermunicipal subdivision and development appeal board.

Training requirements

2(1) A designated officer must

(

a) before being appointed as a clerk, successfully complete a

training program set or approved by the Minister, and

(

b) every 3 years successfully complete a refresher training

program set or approved by the Minister.

(2) A member of a subdivision and development appeal board must

(

a) before participating in any hearing as a member of a panel of

the board, successfully complete a training program set or

approved by the Minister, and

(

b) every 3 years successfully complete a refresher training

program set or approved by the Minister.

(3) An individual who holds an appointment as a clerk or member of a

subdivision and development appeal board when this

section comes

into force must complete the training program requirement in

subsection (1)(

a) or (2)(a), whichever is applicable, within one year

after this

section comes into force.

Report to Minister

3 A municipality must report to the Minister, in the form and manner

and at the times required by the Minister,

(

a) the number of members appointed to the municipality's

subdivision and development appeal board,

(

b) the number of members who, at the time the report is made,

have successfully completed the training required under this

Regulation,

(

c) the number of members who, at the time the report is made,

are enrolled in training required under this Regulation,

(

d) the number of clerks appointed to the board,

(

e) the number of clerks who, at the time the report is made,

have successfully completed the training required under this

Regulation,

(

f) the number of clerks who, at the time the report is made, are

enrolled in training required under this Regulation, and

(

g) any other matter, as required by the Minister, respecting the

subdivision and development appeal board.

Coming into force

4 This Regulation comes into force on the day that

section 61 of the

Municipal Government Amendment Act, 2015 comes into force.

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

Alberta Regulation 196/2017

Municipal Government Act

COMMUNITY AGGREGATE PAYMENT LEVY

AMENDMENT REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:092/17) on October 10, 2017 pursuant to

section 409.3 of the Municipal

Government Act.

1 The Community Aggregate Payment Levy Regulation

(AR 263/2005) is amended by this Regulation.

Section 5(2) is repealed and the following is substituted:

(2) Effective January 1, 2018, the maximum levy rate is $0.40 per

tonne of sand and gravel.

Section 10 is amended by striking out "December 31, 2017"

and substituting "December 31, 2022".

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

Alberta Regulation 197/2017

Municipal Government Act

COUNCIL AND COUNCIL COMMITTEE MEETINGS

(MINISTERIAL) REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:093/17) on October 10, 2017 pursuant to

section 1(1.1) of the Municipal

Government Act.

Definition of Act

1 In this Regulation, "Act" means the Municipal Government Act.

Definition of meeting

2(1) For the purposes of the Act, "meeting"

(

a) where used in reference to a council, means a meeting under

section 192, 193 or 194 of the Act, or

(

b) where used in reference to a council committee, means a

meeting under

section 195 of the Act.

Coming into force

3 This Regulation comes into force on the coming into force of

section 2(

b) of the Municipal Government Amendment Act, 2015.

Alberta Regulation 198/2017

Municipal Government Act

DETERMINATION OF POPULATION AMENDMENT REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:096/2017) on October 10, 2017 pursuant to

section 604 of the Municipal

Government Act.

1 The Determination of Population Regulation (AR 63/2001)

is amended by this Regulation.

Section 1 is amended by adding the following after

subsection (4):

(5) For the purposes of this Regulation, "private dwelling" means a

separate set of living quarters designed for or converted for human

habitation in which a person or group of persons could reside and

that

(

a) has a source of heat or power, and

(

b) is in an enclosed space that provides shelter from the

elements, as evidenced by complete and enclosed walls and a

roof, and by doors and windows that provide protection from

wind, rain and snow.

(6) For the purposes of this Regulation, a "refusal" is determined

when a household refuses to participate in a census.

(7) For the purposes of this Regulation, "non-contacted dwellings"

means a dwelling where a census worker has not been able to make

contact with a member of the household and the census worker

believes that the dwelling was occupied by usual residents on census

day.

3 The following is added after

section 3:

Federal census in same year

3.01 Notwithstanding the time period set out in

section 3, if a

federal census is conducted in the same year that a municipal

authority wishes to conduct a municipal census, the municipal

authority may conduct the municipal census either in the period

(

a) starting on March 1 and ending on May 31 of the same year,

(

b) starting on May 1 and ending on July 31 of the same year.

Section 3.2 is amended by adding the following after

subsection (2):

(3) An oath or statement made under

Schedule 1 or

Schedule 2 is

valid for the lifetime of the person making the oath or statement.

Section 4.1 is repealed.

Section 7 is repealed.

Schedule 2 is amended

(

a) by striking out "oath" and substituting "statement";

(

b) by striking out "IT IS AN OFFENCE TO SIGN A FALSE

AFFIDAVIT".

Schedule 3 is amended by striking out "residential address"

and substituting "municipal office address".

Schedule 4 is amended

(

a) by striking out "residential address" and substituting

"municipal office address";

(

b) by striking out "THAT a municipal census completed"

and substituting "THAT a municipal census enumeration

completed";

(

c) by striking out the table following the heading

"Municipal Census Field Report" and substituting

the following:

Total count of usual residents

Total count of private dwellings

Total number of non-contacted dwellings

Total number of refusals

10 This Regulation comes into force on November 1, 2017.

Alberta Regulation 199/2017

Municipal Government Act

CROWSNEST PASS AMENDMENT REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:097/17) on October 10, 2017 pursuant to

section 615 of the Municipal

Government Act.

1 The Crowsnest Pass Regulation (AR 197/2002) is

amended by this Regulation.

2 The following is added after

section 8:

Population of Municipality of Crowsnest Pass

8.1(1) For the purposes of the determination of population under

section 6 of the Police Act, the area of the Municipality of Crowsnest

Pass shall be treated as if it were the following 6 separate areas:

(

a) the following 4 former municipalities as they existed as of

January 1, 1979, being the date of their amalgamation as the

Municipality of Crowsnest Pass:

(

i) the Town of Blairmore;

(ii) the Town of Coleman;

(iii) the Village of Bellevue;

(iv) the Village of Frank;

(

b) the part of former Improvement District No. 5 that was

included in the Municipality of Crowsnest Pass as of January

1, 1979;

(

c) the part of former Improvement District No. 6 that is now

included in the Municipality of Crowsnest Pass, as it existed

as of January 1, 1996, being the date of its amalgamation

with the Municipality of Crowsnest Pass.

(2) Reporting the population of the Municipality of Crowsnest Pass

to the Minister shall be in accordance with

section 4 of the

Determination of Population Regulation (AR 63/2001) and the

forms set out in the

Schedule to the Determination of Population

Regulation (AR 63/2001) may be used and adapted to list separately

the population of each of the 6 areas referred to in subsection (1).

(3) This

section ceases to apply when the population attributed

under subsection (1) to any of the areas referred to in subsection

(1)(a), (

b) or (

c) exceeds

Section 10 is amended by striking out "August 31, 2018"

and substituting "August 31, 2020".

Section 2 comes into force on November 1, 2017.

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

Alberta Regulation 200/2017

Municipal Government Act

CODE OF CONDUCT FOR ELECTED OFFICIALS REGULATION

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:098/17) on October 10, 2017 pursuant to

section 146.1(5) of the

Municipal Government Act.

1 Code of conduct contents

2 Complaints

3 Bylaws

4 Establishing code of conduct

5 Sanctions for breaching code of conduct

6 Requirement to fulfil duties

7 Review of code of conduct

8 Coming into force

Code of conduct contents

1 The code of conduct each council is required to establish governing

the conduct of its councillors pursuant to

section 146.1 of the Act must

be consistent with the Act and any regulations made under the Act and,

at a minimum, include the following topics:

(

a) representing the municipality;

(

b) communicating on behalf of the municipality;

(

c) respecting the decision-making process;

(

d) adherence to policies, procedures and bylaws;

(

e) respectful interactions with councillors, staff, the public and

others;

(

f) confidential information;

(

g) conflicts of interest;

(

h) improper use of influence;

(

i) use of municipal assets and services;

(

j) orientation and other training attendance.

Complaints

2 A code of conduct must establish a complaint system including

(

a) who may make a complaint alleging a breach of the code of

conduct,

(

b) the method by which a complaint may be made,

(

c) the process to be used to determine the validity of a

complaint, and

(

d) the process to be used to determine how sanctions are

imposed if a complaint is determined to be valid.

Bylaws

3 If any matter required to be included in a code of conduct is

addressed in a separate bylaw, the contents of that bylaw shall be

incorporated by reference into the code of conduct.

Establishing code of conduct

4(1) When establishing a code of conduct, council shall consider

sections 3 and 153 of the Act.

(2) A council must establish a code of conduct within 270 days from

the date

section 16 of the Municipal Government Amendment Act,

2015 comes into force.

Sanctions for breaching code of conduct

5 If a councillor has failed to adhere to the code of conduct, sanctions

may be imposed including any of the following:

(

a) a letter of reprimand addressed to the councillor;

(

b) requesting the councillor to issue a letter of apology;

(

c) publication of a letter of reprimand or request for apology

and the councillor's response;

(

d) a requirement to attend training;

(

e) suspension or removal of the appointment of a councillor as

the chief elected official under

section 150(2) of the Act;

(

f) suspension or removal of the appointment of a councillor as

the deputy chief elected official or acting chief elected

official under

section 152 of the Act;

(

g) suspension or removal of the chief elected official's presiding

duties under

section 154 of the Act;

(

h) suspension or removal from some or all council committees

and bodies to which council has the right to appoint

members;

(

i) reduction or suspension of remuneration as defined in

section

275.1 of the Act corresponding to a reduction in duties,

excluding allowances for attendance at council meetings.

Requirement to fulfil duties

6 A code of conduct or any sanctions imposed under a code of

conduct must not prevent a councillor from fulfilling the legislated

duties of a councillor.

Review of code of conduct

7 Each council must review and update its code of conduct and any

related bylaws that have been incorporated by reference into the code

of conduct in accordance with

section 3, at least once every 4 years

starting from the date when the code of conduct is passed.

Coming into force

8 This Regulation comes into force on the coming into force of

section 16 of the Municipal Government Amendment Act, 2015.

Alberta Regulation 201/2017

Municipal Government Act

MATTERS RELATING TO ASSESSMENT

COMPLAINTS REGULATION, 2018

Filed: October 26, 2017

For information only: Made by the Minister of Municipal Affairs

(M.O. MAG:016/17) on October 10, 2017 pursuant to

section 484.1 of the Municipal

Government Act.

Definitions

2 Application

Part 1

Matters before Assessment Review Board Panel

3 Documents to be filed by complainant

Division 1

Hearing before Local Assessment Review Board Panel

4 Scheduling and notice of hearing

5 Disclosure of evidence

6 Issues and evidence before panel

7 Abridgment or expansion of time

Division 2

Hearing before Composite Assessment Review Board Panel

8 Scheduling and notice of hearing

9 Disclosure of evidence

10 Issues and evidence before panel

11 Abridgment or expansion of time

Division 3

General Procedural Matters

12 Complaint fees

13 Joint jurisdiction

14 Copy of amended assessment notice

15 Decision of assessment review board panel

16 Record of hearing

17 Form of undertaking respecting private hearing

18 Postponement or adjournment of hearing

19 Personal attendance not required

20 Independent legal advice

Part 2

Matters before Municipal Government Board

21 Documents to be filed by complainant

22 Form of complaint

Division 1

Hearing before Municipal Government Board

23 Scheduling and notice of hearing

24 Disclosure of evidence

25 Issues and evidence before the Board

26 Abridgment or expansion of time

Division 2

General Procedural Matters

27 Complaint fees

28 Decision of Municipal Government Board

29 Record of hearing

30 Form of undertaking respecting private hearing

31 Postponement or adjournment of hearing

32 Personal attendance not required

33 Independent legal advice

Part 3

One-member Panels

Division 1

One-member Local Assessment Review Board Panel

34 One-member local assessment review board panel

Part 1 applies

36 Notice of hearing before one-member panel

37 Disclosure of evidence

38 Issues and evidence before one-member panel

39 Abridgment or expansion of time

Division 2

One-member Composite Assessment

Review Board Panel

40 One-member composite assessment review board panel

Part 1 applies

42 Notice of hearing before one-member panel

43 Disclosure of evidence

44 Issues and evidence before one-member panel

45 Abridgment or expansion of time

Division 3

One-member Municipal Government Board Panel

46 One-member Municipal Government Board panel

Part 2 applies

48 Notice of hearing before one-member panel

49 Disclosure of evidence

50 Issues and evidence before one-member panel

51 Abridgment or expansion of time

Part 4

Provincial Member

52 Appointment of provincial member

Part 5

Training and Qualifications

53 Training requirements

54 Ineligibility

Part 6

General Matters

55 Agent authorization

56 Costs

57 Supplementary assessment notice, amended assessment notice

or any amended tax notice other than a property tax notice

58 Complaint form must be available

Part 7

Transitional Provisions and

Coming into Force

59 Transitional

60 Coming into force

Schedules

Definitions

1(1) In this Regulation,

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

(b) "agent" means a person who, for a fee or potential fee, acts

for an assessed person or a taxpayer during the assessment

complaint process or at a hearing before a panel of an

assessment review board or the Municipal Government

Board;

Part 11 or 12 of the

Act;

(d) "complaint form" means,

(

i) in the case of a complaint to be heard by a panel of an

assessment review board, the form set out in

Schedule

(ii) in the case of a complaint to be heard by the Municipal

Government Board, the form containing the information

referred to in

section 22;

(e) "presiding officer"

(

i) in respect of a local assessment review board panel,

means the presiding officer referred to in

section

454.11(4) or (5) of the Act, as the case may be, or

(ii) in respect of a composite assessment review board

panel, means the presiding officer referred to in

section

454.21(5) of the Act;

(2) In this Regulation, a reference to the Municipal Government Board

includes any panel of the Board.

(3) A term that is defined in

Part 9, 10, 11 or 12 of the Act has the

same meaning when used in this Regulation.

Application

2(1) This Regulation applies in respect of every municipality except

the City of Lloydminster.

(2) Except to the extent that

section 59(2) provides otherwise, on and

after the coming into force of this Regulation the Matters Relating to

Assessment Complaints Regulation (AR 310/2009) does not apply in

respect of any municipality except the City of Lloydminster.

Part 1

Matters before Assessment

Review Board Panel

Documents to be filed by complainant

3(1) If a complaint is to be heard by a panel of an assessment review

board, the complainant must

(

a) complete and file with the clerk a complaint in the form set

out in

Schedule 1, and

(

b) pay the appropriate complaint fee set out in

Schedule 2 at the

time the complaint is filed if, in accordance with

section 481

of the Act, a fee is required by the council.

(2) If a complainant does not comply with subsection (1),

(

a) the complaint is invalid, and

(

b) the panel must dismiss the complaint.

Division 1

Hearing before Local Assessment Review

Board Panel

Scheduling and notice of hearing

4 If a complaint is to be heard by a local assessment review board

panel, the clerk must

(

a) provide, no later than the date the notice of hearing is

provided to the complainant, written acknowledgement to the

complainant that the complaint has been received,

(

b) schedule a hearing date, and

(

c) after a copy of the complaint form has been provided to the

municipality in accordance with

section 462(1) of the Act,

notify the municipality, the complainant and any assessed

person or taxpayer other than the complainant who is

affected by the complaint of the date, time and location of the

hearing and the requirements and timelines for disclosure of

evidence not less than 35 days before the hearing date.

Disclosure of evidence

5(1) In this section, "complainant" includes an assessed person or

taxpayer who is affected by a complaint who wishes to be heard at the

hearing.

(2) If a complaint is to be heard by a local assessment review board

panel, the following rules apply with respect to the disclosure of

evidence:

(

a) the complainant must, at least 21 days before the hearing

date,

(

i) disclose to the respondent and the local assessment

review board the documentary evidence, a

summary of

the testimonial evidence, including any signed witness

reports, and any written argument that the complainant

intends to present at the hearing in sufficient detail to

allow the respondent to respond to or rebut the evidence

at the hearing, and

(ii) provide to the respondent and the local assessment

review board an estimate of the amount of time

necessary to present the complainant's evidence;

(

b) the respondent must, at least 7 days before the hearing date,

(

i) disclose to the complainant and the local assessment

review board the documentary evidence, a

summary of

the testimonial evidence, including any signed witness

reports, and any written argument that the respondent

intends to present at the hearing in sufficient detail to

allow the complainant to respond to or rebut the

evidence at the hearing, and

(ii) provide to the complainant and the local assessment

review board an estimate of the amount of time

necessary to present the respondent's evidence;

(

c) the complainant must, at least 3 days before the hearing date,

disclose to the respondent and the local assessment review

board the documentary evidence, a

summary of the

testimonial evidence, including any signed witness reports,

and any written argument that the complainant intends to

present at the hearing in rebuttal to the disclosure made under

clause (

b) in sufficient detail to allow the respondent to

respond to or rebut the evidence at the hearing.

Issues and evidence before panel

6 A local assessment review board panel must not hear

(

a) any matter in support of an issue that is not identified on the

complaint form, or

(

b) any evidence that has not been disclosed in accordance with

section 5.

Abridgment or expansion of time

7(1) A local assessment review board panel may at any time, with the

consent of all parties, abridge the time specified in

section 4(c).

(2) Subject to the timelines specified in

section 468 of the Act, a local

assessment review board panel may at any time by written order

expand the time specified in

section 5(2)(a), (

b) or (c).

(3) A time specified in

section 5(2)(a), (

b) or (

c) for disclosing

evidence or other documents may be abridged with the written consent

of the persons entitled to the evidence or other documents.

Division 2

Hearing before Composite Assessment

Review Board Panel

Scheduling and notice of hearing

8 If a complaint is to be heard by a composite assessment review

board panel, the clerk must

(

a) provide, no later than the date the notice of hearing is

provided to the complainant, written acknowledgement to the

complainant that the complaint has been received,

(

b) provide the Minister with a copy of the complaint form at the

same time that the municipality is provided with a copy,

(

c) schedule a hearing date, and

(

d) after a copy of the complaint form has been provided to the

municipality in accordance with

section 462(2) of the Act

and to the Minister in accordance with clause (b), notify the

municipality, the complainant and any assessed person other

than the complainant who is affected by the complaint of the

date, time and location of the hearing and the requirements

and timelines for disclosure of evidence not less than 70 days

before the hearing date.

Disclosure of evidence

9(1) In this section, "complainant" includes an assessed person who is

affected by a complaint who wishes to be heard at the hearing.

(2) If a complaint is to be heard by a composite assessment review

board panel, the following rules apply with respect to the disclosure of

evidence:

(

a) the complainant must, at least 42 days before the hearing

date,

(

i) disclose to the respondent and the composite assessment

review board the documentary evidence, a

summary of

the testimonial evidence, including a signed witness

report for each witness, and any written argument that

the complainant intends to present at the hearing in

sufficient detail to allow the respondent to respond to or

rebut the evidence at the hearing, and

(ii) provide to the respondent and the composite assessment

review board an estimate of the amount of time

necessary to present the complainant's evidence;

(

b) the respondent must, at least 14 days before the hearing date,

(

i) disclose to the complainant and the composite

assessment review board the documentary evidence, a

summary of the testimonial evidence, including a signed

witness report for each witness, and any written

argument that the respondent intends to present at the

hearing in sufficient detail to allow the complainant to

respond to or rebut the evidence at the hearing, and

(ii) provide to the complainant and the composite

assessment review board an estimate of the amount of

time necessary to present the respondent's evidence;

(

c) the complainant must, at least 7 days before the hearing date,

disclose to the respondent and the composite assessment

review board the documentary evidence, a

summary of the

testimonial evidence, including a signed witness report for

each witness, and any written argument that the complainant

intends to present at the hearing in rebuttal to the disclosure

made under clause (

b) in sufficient detail to allow the

respondent to respond to or rebut the evidence at the hearing.

Issues and evidence before panel

10 A composite assessment review board panel must not hear

(

a) any matter in support of an issue that is not identified on the

complaint form, or

(

b) any evidence that has not been disclosed in accordance with

section 9.

Abridgment or expansion of time

11(1) A composite assessment review board panel may at any time,

with the consent of all parties, abridge the time specified in

section

8(d).

(2) Subject to the timelines specified in

section 468 of the Act, a

composite assessment review board panel may at any time by written

order expand the time specified in

section 9(2)(a), (

b) or (c).

(3) A time specified in

section 9(2)(a), (

b) or (

c) for disclosing

evidence or other documents may be abridged with the written consent

of the persons entitled to the evidence or other documents.

Division 3

General Procedural Matters

Complaint fees

12(1) The fees payable by persons wishing to make a complaint or be

involved as a party in a hearing by a panel of an assessment review

board are those fees set out in

Schedule 2.

(2) If a complainant withdraws a complaint on agreement with the

assessor to correct any matter or issue under complaint, any complaint

filing fee must be refunded to the complainant.

Joint jurisdiction

13 If a property is used or designated for multiple purposes in

circumstances where both a local assessment review board and a

composite assessment review board have jurisdiction to hear a

complaint with respect to the property, the complaint must be heard by

the composite assessment review board.

Copy of amended assessment notice

14 Where, under

section 305(1.1) of the Act, an assessor is required

to send a copy of an amended assessment notice and a statement to an

assessment review board or the Municipal Government Board, the

assessor must send the copy and statement no later than one day after

the amended assessment notice is sent to the assessed person.

Decision of assessment review board panel

15(1) For the purposes of

section 468 of the Act, a decision of a panel

of an assessment review board must include

(

a) a brief

summary of the matters or issues contained on the

complaint form,

(

b) the panel's decision in respect of each matter or issue,

(

c) the reasons for the decision, including any dissenting reasons,

and

(

d) any procedural or jurisdictional matters that arose during the

hearing, and the panel's decision in respect of those matters.

(2) The clerk of composite assessment review board must, within 7

days of a composite assessment review board panel rendering a

decision, provide the Minister with a copy of that decision.

(3) A municipality must retain a record of all decisions of a local

assessment review board panel for at least 5 years.

Record of hearing

16(1) A clerk of an assessment review board must make and keep a

record of each hearing in accordance with subsection (2).

(2) Subject to

section 464.1 of the Act, a record of a hearing must

include

(

a) the complaint form,

(

b) all documentary evidence filed in the matter,

(

c) a list of witnesses who gave evidence at the hearing,

(

d) a transcript or recording of the hearing or, in the absence of a

transcript or recording, a

summary of all testimonial evidence

given at the hearing,

(

e) all written arguments presented at the hearing,

(

f) a written list that is prepared at the end of the hearing that

identifies those matters or issues from the complaint form

about which evidence was given or argument was made at

the hearing, and

(

g) the decision of the panel of the assessment review board

referred to in

section 15.

(3) If evidence given at a hearing is recorded by means of a

sound-recording machine, a party to a hearing may request a copy of

the sound recording or the transcript of the sound recording if the party

pays for the cost of preparing the copy or transcript.

(4) Subsection (3) does not apply in respect of

(

a) a sound recording or transcript, or any part of a sound

recording or transcript, from a private hearing conducted

under

section 464.1 of the Act, or

(

b) a transcript, or any part of a transcript, that is excluded from

the public record under

section 464.1 of the Act.

Form of undertaking respecting private hearing

17 An undertaking under

section 464.1(3) of the Act must be given

in a form acceptable to the presiding officer.

Postponement or adjournment of hearing

18(1) Except in exceptional circumstances as determined by a panel

of an assessment review board, the panel may not grant a

postponement or adjournment of a hearing.

(2) A request for a postponement or an adjournment must be in

writing and contain reasons for the postponement or adjournment, as

the case may be.

(3) Subject to the timelines specified in

section 468 of the Act, if a

panel of an assessment review board grants a postponement or

adjournment of a hearing, the panel must

schedule the date, time and

location for the hearing at the time the postponement or adjournment is

granted.

Personal attendance not required

19(1) Parties to a hearing before a panel of an assessment review

board may attend the hearing in person or may, instead of attending in

person, file a written presentation with the clerk.

(2) A party who files a written presentation under subsection (1) must

provide a copy of it to the other parties,

(

a) in the case of a hearing before a local assessment review

board panel, at least 3 days before the hearing;

(

b) in the case of a hearing before a composite assessment

review board panel, at least 7 days before the hearing.

Independent legal advice

20 A panel of an assessment review board may seek legal advice

only from a lawyer who is independent from the parties to a hearing.

Part 2

Matters before Municipal Government

Board

Documents to be filed by complainant

21(1) If a complaint is to be heard by the Municipal Government

Board, the complainant must

(

a) complete and file with the chair a complaint containing the

information set out in

section 22, and

(

b) pay the appropriate complaint fee set out in

Schedule 2 at the

time the complaint is filed.

(2) If a complainant does not comply with subsection (1),

(

a) the complaint is invalid, and

(

b) the Municipal Government Board must dismiss the

complaint.

Form of complaint

22 For the purposes of

section 491(1) of the Act, the form of

complaint must be in writing and contain the information described in

section 491(2) of the Act and,

(

a) in respect of a complaint about linear property,

(

i) the name of the assessed person as shown on the

assessment notice,

(ii) the complainant's name if different from the assessed

person,

(iii) the contact information for the complainant,

(iv) the Designated Industrial Property Assessment Unit

Identification number for the designated industrial

property under complaint,

(

v) the municipality in which the designated industrial

property under complaint is located,

(vi) the matter for complaint as described in

section 492(1)

of the Act,

(vii) what information used in the designated industrial

property assessment calculation process prescribed by

the Minister's Guidelines is incorrect,

(viii) in what respect that information is incorrect,

(ix) what the correct information is to be used in the

designated industrial property assessment calculation

process,

(

x) the source of that information,

(xi) the requested assessed value, if the complaint relates to

an assessment, and

(xii) the specific issues related to the incorrect information

that are to be decided by the Municipal Government

Board, and the reasons in support of the complainant's

position on those issues,

and

(

b) in respect of a complaint about the amount of an equalized

assessment,

(

i) the information described in

section 491(4) of the Act,

and

(ii) the specific issues related to the incorrect information

that are to be decided by the Municipal Government

Board, and the reasons in support of the complainant's

position on those issues.

Division 1

Hearing before Municipal

Government Board

Scheduling and notice of hearing

23 If a complaint is to be heard by the Municipal Government Board,

the chair must

(

a) within 7 days of receiving a complaint, provide the provincial

assessor with a copy of the complaint form,

(

b) schedule a hearing date, and

(

c) not less than 70 days before the scheduled hearing date, give

the notifications required by

section 494(1)(

b) of the Act.

Disclosure of evidence

24(1) In this section, "complainant" includes an assessed person who

is affected by a complaint who wishes to be heard at the hearing.

(2) If a complaint is to be heard by the Municipal Government Board,

the following rules apply with respect to the disclosure of evidence:

(

a) the complainant must, at least 42 days before the hearing

date,

(

i) disclose to the respondent and the Municipal

Government Board the documentary evidence, a

summary of the testimonial evidence, including a signed

witness report for each witness, and any written

argument that the complainant intends to present at the

hearing in sufficient detail to allow the respondent to

respond to or rebut the evidence at the hearing, and

(ii) provide to the respondent and the Municipal

Government Board an estimate of the amount of time

necessary to present the complainant's evidence;

(

b) the respondent must, at least 14 days before the hearing date,

(

i) disclose to the complainant and the Municipal

Government Board the documentary evidence, a

summary of the testimonial evidence, including a signed

witness report for each witness, and any written

argument that the respondent intends to present at the

hearing in sufficient detail to allow the complainant to

respond to or rebut the evidence at the hearing, and

(ii) provide to the complainant and the Municipal

Government Board an estimate of the amount of time

necessary to present the respondent's evidence;

(

c) the complainant must, at least 7 days before the hearing date,

disclose to the respondent and the Municipal Government

Board the documentary evidence, a

summary of the

testimonial evidence, including a signed witness report for

each witness, and any written argument that the complainant

intends to present at the hearing in rebuttal to the disclosure

made under clause (

b) in sufficient detail to allow the

respondent to respond to or rebut the evidence at the hearing.

Issues and evidence before the Board

25 The Municipal Government Board must not hear

(

a) any matter in support of an issue that is not identified on the

complaint form,

(

b) any evidence that has not been disclosed in accordance with

section 24,

(

c) evidence from a complainant relating to information that was

requested by the Minister under

section 319 of the Act or

required to be reported under the Minister's Guidelines but

was not provided or reported to the Minister.

Abridgment or expansion of time

26(1) The Municipal Government Board may at any time, with the

consent of all parties, abridge the time specified in

section 23(c).

(2) Subject to the timelines specified in

section 500 of the Act, the

Municipal Government Board may at any time by written order expand

the time specified in

section 24(2)(a), (

b) or (c).

(3) A time specified in

section 24(2)(a), (

b) or (

c) for disclosing

evidence or other documents may be abridged with the written consent

of the persons entitled to that evidence or documents.

Division 2

General Procedural Matters

Complaint fees

27(1) The fees payable by a person wishing to make a complaint or to

be involved as a party or intervener in a hearing by the Municipal

Government Board in respect of designated industrial property or an

equalized assessment are those fees set out in

Schedule 2.

(2) If

(

a) a complainant withdraws a complaint on agreement with the

provincial assessor or the Minister, as the case may be, to

correct any matter or issue under complaint,

(

b) the Municipal Government Board makes a decision in favour

of the complainant, or

(

c) the Municipal Government Board makes a decision that is

not in favour of the complainant, but on appeal the Court of

Queen's Bench makes a decision in favour of the

complainant,

any complaint filing fee must be refunded to the complainant.

Decision of Municipal Government Board

28 For the purposes of

section 500 of the Act, a decision of the

Municipal Government Board must include

(

a) a brief

summary of the matters and issues contained on the

complaint form,

(

b) the Municipal Government Board's decision in respect of

each matter or issue,

(

c) the reasons for the decision, including any dissenting reasons,

and

(

d) any procedural or jurisdictional matters that arose during the

hearing, and the Municipal Government Board's decision in

respect of those matters.

Record of hearing

29(1) The Municipal Government Board must make and keep a

record of each hearing in accordance with subsection (2).

(2) Subject to

section 525.1 of the Act, a record of a hearing must

include

(

a) the complaint form,

(

b) all documentary evidence filed in the matter,

(

c) a list of witnesses who gave evidence at the hearing,

(

d) a transcript or recording of the hearing or, in the absence of a

transcript or recording, a summ

Document details

Collection	Alberta — Gazette
Citation	15 November 2017
Type	gazette
Volume / chapter	21 Nov15 Part2
Language	en
Format	html
Source	PROVINCIAL
Identifier	3874e9a24d3b3fdc879cfda28813f3e6b73aa079

Source file is stored in the law ingest library (html).

Alberta Gazette — 15 November 2017 (Part II)

MUNICIPAL GAS SYSTEMS CORE MARKET (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

section 31 of the Municipal Government Act.

Section 10 is amended by striking out "July 31, 2018" and

PLANNING EXEMPTION AMENDMENT REGULATION

section 618 of the Municipal Government Act.

Section 4.6 is repealed.

Section 6 is amended by striking out "June 30, 2020" and

Schedule 6 is repealed.

EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

section 693 of the Municipal Government Act.

Section 1 is amended

Schedule 2

Section 2 is amended by adding the following after

Section 10(1) is repealed and the following is

Section 12 is repealed.

Schedule 1 is amended by adding the following before

Schedule 3 is amended

section 1

section 2(1) by striking out

CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

section 693 of the Municipal Government Act.

Section 1 is amended by adding the following after

Section 3(3) is amended by adding ", with the exception of a

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

Section 9 is repealed.

Schedule 2 is repealed and the following is substituted:

Schedule 2

OFF-SITE LEVIES REGULATION

section 694 of the Municipal Government Act.

Table of Contents

Definitions

Definitions

section 648(2.1) of the Act;

section 648(2) of the Act;

section 648(1) of

section 648(2) of the Act, must apply the

section 648(2.1) of the Act, must apply

section 648.01 of the Act, must apply the

section 8.

section 648(2.1) of the Act may

section 648(2.1) of the

section 648(2.1) of the Act.

section 648.01 of the Act, each participating municipality must use a

section 648.01 of the Act.

section 648.01 of the

section 648(2.1) of the Act, the

section 6 apply.

Consultation

section 648.1 of the Act, any person who is directly

section 10 must

section 10, the Municipal Government Board may

section 10.

section 10 until the

Consultation on proposed sale

Coming into force

section 1(60)(

SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION

section 694 of the Municipal Government Act.

Section 1(1)(

section 2(2) of that Regulation;

Section 4 is amended

section 653.1 of the Act, a";

section 664.1

Section 5(5) is amended

section 653.1

Section 6 is amended

section 653.1 of the Act to be complete";

section 4(1)" and

section 4(1) being

section 653.1 of the Act to be

Section 10(1) is amended by striking out "permanent

Section 11(1) is amended by striking out "permanent

Section 12 is amended

section 7, each

Section 13 is amended

Section 14 is amended