Bill 31 — Second Session, 23Rd Legislature, 43 Elizabeth Ii the Legislative Assembly of Alb Erta Bill 31 Municipal Government Act Mrs. Gordon (Legislature 23, Session 2)

L23 S2 2184

Alberta — Bills

1994 BILL 31 Second Session, 23rd Legislature, 43 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALB ERTA BILL 31 MUNICIPAL GOVERNMENT ACT MRS. GORDON First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1994 (23rd, 2nd) Bill 31, Municipal Government Act

Bill 31 Mrs. Gordon BILL 31 1994 MUNICIPAL GOVERNMENT ACT (Assented to , 1994) Table of Contents

Interpretation 1 Application of Act 2

Part 1 Purposes, Powers and Capacity of Municipalities Municipal purposes 3 Corporation 4 Powers, duties and functions 5 Natural person powers 6

Part 2 Bylaws Division 1 General Jurisdiction General jurisdiction to pass bylaws 7 Powers under bylaws 8 Guides to interpreting power to pass bylaws 9 Bylaw passing powers in other enactments 10 Relationship to natural person powers 11 Division 2 Scope of Bylaws Geographic area of bylaws 12 Relationship to Provincial law 13 1

Part 3 Special Municipal Powers and Limits On Municipal Powers Division 1 Expropriation Expropriation powers 14 Expropriating part of a parcel 15 Division 2 Roads Title to roads 16 Disposal of estate or interest in roads 17 Control of roads 18 Rocky Mountains Forest Reserve 19 Specialized municipalities 20 Land abutting roads 21 Road closure 22 Compensation 23 Closure of unnecessary road 24 Temporary road closure 25 Temporary roads and rights of way 26 Leases 27 Division 3 Public Utilities General

Definitions 28 Composition of system or works 29 Long term supply agreements to public utilities 30 Regulation of gas supply obtained from direct sellers 31 Other authorizations and approvals 32 Municipal Public Utilities Prohibiting other public utilities 33 Duty to supply utility service 34 Parcels adjacent to roads and easements 35 Right of entry - main lines 36 Service connections - owner 37 Service connections - municipality 38 Restoration and costs 39 Buildings 40 Discontinue providing public utility 41 Liability for public utilities charges 42 Appeal 43 Dispute with other municipalities 44 2

Non-municipal Public Utilities Granting rights to provide utility services 45 Prohibiting other non-municipal public utilities 46 Renewals 47 Division 4 Ambulance Services Prohibiting non-municipally operated ambulance services 48 Non-municipally operated ambulance services 49 Division 5 Business Revitalization Zones Purpose 50 Board 51 Civil liability of board members 52 Regulations 53 Division 6 Miscellaneous Powers Providing services in other municipalities 54 Sharing taxes and grants 55 Civic holidays 56 Census 57 Road names 58 Hamlets 59 Water bodies 60 Granting rights over property 61 Acquiring land for roads 62 Division 7 Revision and Consolidation of Bylaws Revision authorized 63 Bylaw adopting revised bylaws 64 Requirements relating to substituted bylaws 65 Effects of revised bylaws 66 References to repealed bylaws 67 Mistakes made during revision 68 Consolidation of bylaws 69 Division 8 Limits on Municipal Powers Disposal of land 70 Mines and minerals 71 Acquisition of land outside municipal boundaries 72 Control of profit corporations 73 Firearms 74 Forest and Prairie Protection Act 75 3

Part 4 Formation, Fundamental Changes and Dissolution Division 1 General Criteria Principles, standards and criteria 76 Division 2 Formation Types of municipality that may be formed 77 Municipal district 78 Summer village 79 Village 80 Town 81 City 82 Specialized municipality 83 Modification of requirements 84 Initiating formation 85 Factors to be considered 86 Public input 87 Formation order 88 Contents of order 89 Official administrator 90 Division 3 Change of Status Meaning of change of status 91 Application of formation rules 92 Initiation of change of status 93 Public input 94 Consideration of principles 95 Change of status order 96 Contents of order 97 Division 4 Change of Name Change of name order 98 Effect of change of name 99 Division 5 Amalgamation Application 100 Restriction on amalgamation 101 Initiation of amalgamation proceedings 102 Initiation by municipal authority 103 Direct negotiations 104 Report on negotiations 105 Disposition of report 106 Initiation by Minister 107 4

Notice by Minister 108 Consideration of principles 109 Amalgamation order 110 Contents of order 111 Official administrator 112 Division 6 Annexation Application 113 Restriction on annexation 114 Annexations of same land 115 Initiation of annexation 116 Direct negotiations 117 Report on negotiations 118 Disposition of report 119 General agreement on proposed annexation 120 No general agreement on proposed annexation 121 Notice of hearing and costs 122 Board’s report 123 Contents of report 124 Annexation order 125 Minor annexation 126 Contents of order 127 Annexation refused 128 Division 7 Dissolution Application 129 Dissolution study 130 Requirements before completing study 131 Vote on dissolution 132 Dissolution order 133 Tax 134 Division 8 General Provisions Effect of certain orders 135 Power to effectuate transfer of land and other property 136 Transitional and other matters 137 Retroactivity of orders 138 Orders published 139 Regulations Act 140 Location of boundaries 141 5

Part 5 Councils, Councillors and Council Committees Division 1 Councils and Council Committees Councils as governing bodies 142 Number of councillors for municipalities 143 Bylaw changing number of councillors 144 Bylaws - council and council committees 145 Composition of council committees 146 Division 2 Elections, Appointments and Ward System Election of councillors 147 Division of municipality into wards 148 Passing bylaw 149 Election or appointment of chief elected official 150 Passing bylaw 151 Deputy and acting chief elected officials 152 Division 3 Duties, Titles and Oaths of Councillors General duties of councillors 153 General duties of chief elected official 154 Titles of chief elected official and other councillors 155 Taking of oath 156 Division 4 Term of Office Local Authorities Election Act 157 Extension of term 158 Appointed chief elected officials 159 Division 5 Vacancies and Quorum Positions unfilled at general election 160 Resignation 161 Vacancy in position of councillor 162 Chief elected official (elected) vacancy 163 Chief elected official (appointed) vacancy 164 Election day 165 Minister orders by-election 166 Quorum 167 No quorum 168 6

Division 6 Pecuniary Interest of Councillors

Definitions 169 Pecuniary interest 170 Bylaw requiring statement of disclosure 171 Disclosure of pecuniary interest 172 Effect of pecuniary interest on agreements 173 Division 7 Disqualification of Councillors Reasons for disqualification 174 Division 8 Enforcement of Disqualification Resignation on disqualification 175 Decision on disqualification application 176 Inadvertence or genuine error 177 Appeal 178 Reimbursement of costs and expenses 179 Division 9 Council Proceedings Requirements for Valid Action Methods in which council may act 180 Requirements for valid bylaw or resolution 181 Voting Restriction to one vote per person 182 Requirement to vote and abstentions 183 Abstention from voting on matter discussed at public hearing 184 Recording of votes 185 Tied vote 186 Passing a Bylaw Bylaw readings 187 Rescission of previous bylaw readings 188 Passing of bylaw 189 Coming into force 190 Amendment and repeal 191 Meetings Organizational meetings 192 Regular council meetings 193 Special council meetings 194 Council committee meetings 195 Method of giving notice 196 7

Public presence at meetings 197 Right of public to be present 198 Meeting through electronic communications 199 Power to require taking of oath 200

Part 6 Municipal Organization and Administration Council’s principal role in municipal organization 201 Exercise of certain powers and duties 202 Delegation by council 203 Municipal office 204 Establishment of chief administrative officer 205 Appointment, suspension and revocation 206 Chief administrative officer’s responsibilities 207 Performance of major administrative duties 208 Delegation by chief administrative officer 209 Designated officers 210 Revocation 211 Delegation by designated officer 212 Signing or authorization of municipal documents 213 Destruction of records 214 Prohibition of certain agreements with employees 215

Part 7 Public Participation Access to Information Statement of principle 216 What information must a municipality provide 217 Appeal about information disclosure decisions 2l8 Petitions Rules for petitions 219 CAO duties 220 Petition sufficiency requirements 221 Who can petition 222 Number of petitioners 223 Other requirements for a petition 224 Counting petitioners 225 Report on sufficiency of petition 226 Meetings with the Public Advertising 227 Improper conduct 228 Petition for meeting 229 8

Public Hearings When to hold public hearing 230 Petitions for Vote of the Electors - Advertised Bylaws and Resolutions Petition for vote on advertised bylaws and resolutions 231 Petitions for Vote of the Electors - New Bylaws Petition for bylaw 232 Council’s duty on receiving certain petition 233 Petitions respecting public vote bylaws 234 Result of a vote on a question 235 Vote of the Electors - General Provisions Electors to vote on a question 236 Local Authorities Election Act 237 Delaying votes 238 One year moratorium on similar subject matter 239 Amendments or repeal of bylaws or resolutions voted on by electors 240

Part 8 Financial Administration

Definitions 241 Budgets Adoption of operating budget 242 Contents of operating budget 243 Deficiency 244 Adoption of capital budget 245 Contents of capital budget 246 Tax bylaws 247 Expenditure of money 248 Civil liability of councillors 249 Investments Authorized investments 250 Borrowing Borrowing bylaw 251 Debt limit 252 Use of borrowed money 253 Capital property 254 Exemption from borrowing conditions 255 Operating expenditures 256 9

Capital property — short term borrowing 257 Capital property — long term borrowing 258 Capital property — interim financing 259 Special works 260 Refinancing 261 Services or activities that are funded by agreement 262 Local improvements 263 Loans and Guarantees Purpose of loans and guarantees 264 Loan bylaw 265 Guarantee bylaw 266 Restriction on loans and guarantees 267 Debt limit 268 General Matters Financial year 269 Municipal accounts 270 Regulations 271 Seal and signatures 272 Validity of borrowings, loans and guarantees 273 Application of money borrowed 274 Unauthorized borrowings or guarantees 275 Annual Financial Statements and Auditor’s Report Annual financial statements 276 Financial information return 277 Returns and reports to Minister 278 Financial statements for controlled corporations 279 Auditors 280 Auditor’s reports 281 Auditor appointed by Minister 282 Access to information by auditors 283

Part 9 Assessment of Property

Definitions for Parts 9 to 12 284 Division 1 Preparation of Assessments Preparing annual assessments 285 Adopting assessments 286 Rules when adopting assessments 287 Notice to the Minister 288 Assessments for property other than linear property 289 Land to be assessed as a parcel 290 Rules for assessing improvements 291 Assessments for linear property 292 Duties of assessors 293 10

Right to enter and inspect property 294 Duty to provide information 295 Court authorized inspection and enforcement 296 Assigning assessment classes to property 297 Non-assessable property 298 Access to assessment record 299 Access to

summary of assessment 300 Right to release assessment information 301 Division 2 Assessment Roll Preparation of roll 302 Contents of roll 303 Recording assessed persons 304 Correction of roll 305 Severability of roll 306 Inspection of roll 307 Division 3 Assessment Notices Assessment notices 308 Contents of assessment notice 309 Sending assessment notices 310 Publication of notice 311 Correction of notice 312 Division 4 Preparation of Supplementary Assessments Bylaw 313 Supplementary assessment 314 Supplementary assessment roll 315 Supplementary assessment notices 316 Division 5 Equalized Assessments Definition 317 Preparation of equalized assessments 318 Duty to provide information 319 Sending equalized assessments to municipalities 320 Appeal of equalized assessment 321 Division 6 General Powers of the Minister Relating to Assessments and Equalized Assessments Regulations 322 Minister’s power to prepare assessments 323 Minister’s power to quash assessments 324 Minister’s power to alter an equalized assessment 325 11

Part 10 Taxation Division 1 General Provisions

Definitions 326 Tax roll 327 Duty to provide information 328 Contents of tax roll 329 Correction of roll 330 Person liable to pay taxes 331 Taxes imposed on January 1 332 Tax notices 333 Contents of tax notice 334 Sending tax notices 335 Certification of date of sending tax notice 336 Deemed receipt of tax notice 337 Correction of tax notice 338 Incentives 339 Instalments 340 Deemed receipt of tax payment 341 Receipt for payment of taxes 342 Application of tax payment 343 Penalty for non-payment in current year 344 Penalty for non-payment in other years 345 Penalties 346 Cancellation, reduction, refund or deferral of taxes 347 Tax becomes debt to municipality 348 Fire insurance proceeds 349 Tax certificates 350 Non-taxable property 351 Limitation on time for starting proceedings 352 Division 2 Property Tax Property tax bylaw 353 Tax rates 354 Calculating tax rates 355 Calculating amount of tax 356 Special provisions of property tax bylaw 357 Tax rate for linear property 358 Requisitions 359 Tax agreement 360 Exemptions based on use of property 361 Exemptions for Government, churches and other bodies 362 Exempt property that can be made taxable 363 Exemptions granted by bylaw 364 Licensed premises 365 Grants in place of taxes 366 Property that is partly exempt and partly taxable 367 Changes in taxable status of property 368 12

Supplementary property tax bylaw 369 Regulations 370 Division 3 Business Tax Business tax bylaw 371 Taxable business 372 Person liable to pay business tax 373 Contents of business tax bylaw 374 Exempt businesses 375 Exemption when tax is payable under Division 2 376 Business tax rate bylaw 377 Calculating amount of tax 378 Supplementary business tax bylaw 379 Grants in place of taxes 380 Division 4 Business Revitalization Zone Tax Regulation 381 Division 5 Special Tax Special tax bylaw 382 Taxable property 383 Contents of special tax bylaw 384 Conditions 385 Use of revenue 386 Person liable to pay special tax 387 Division 6 Well Drilling Equipment Tax Well drilling equipment tax bylaw 388 Person liable to pay the tax 389 Calculation of the tax 390 Division 7 Local Improvement Tax Definition 391 Petitioning rules 392 Proposal of local improvement 393 Local improvement plan 394 Contents of plan 395 Procedure after plan is prepared 396 Local improvement tax bylaw 397 Contents of bylaw 398 Start-up of a local improvement 399 Person liable to pay local improvement tax 400 Paying off a local improvement tax 401 Variation of local improvement tax bylaw 402 13

Variation of local improvement tax rate 403 Unusual parcels 404 Municipality’s share of the cost 405 Land required for local improvement 406 Exemption from local improvement tax 407 Sewers 408 Private connection to a local improvement 409 Division 8 Recovery of Taxes Related to Land

Interpretation 410 Methods of recovering taxes in arrears 411 Tax arrears list 412 Tax recovery notification 413 Removal of improvements 414 Right to pay tax arrears 415 Right to collect rent to pay tax arrears 416 Warning of sale 417 Offer of parcel for sale 418 Reserve bid and conditions of sale 419 Right to possession 420 Advertisement of public auction 421 Adjournment of auction 422 Right to a clear title 423 Transfer of parcel to municipality 424 Right to dispose of parcel 425 Revival of title on payment of arrears 426 Separate account for sale proceeds 427 Distribution of surplus sale proceeds 428 Prohibited bidding and buying 429 Minerals 430 Acquisition of minerals 431 Right of way 432 When parcel becomes part of another municipality 433 Non-liability for condition of land 434 Continuation of proceedings 435 Deemed compliance with Act 436 Division 9 Recovery of Taxes Not Related to Land

Interpretation 437 Methods of recovering taxes in arrears 438 Right to issue distress warrant 439 Seizure of goods 440 Goods affected by distress warrant 441 Date for issuing distress warrant 442 Right to pay tax arrears 443 Right to collect rent to pay tax arrears 444 Sale of property 445 Date of public auction 446 Exception to sale at auction 447 Transfer to municipality 448 14

Separate account for sale proceeds 449 Distribution of surplus sale proceeds 450 Exemptions Act not applicable 451 Regulations 452

Part 11 Assessment Review Boards Division 1 Establishment and Function of Assessment Review Boards

Definitions 453 Assessment review boards established 454 Clerk 455 Joint establishment of assessment review boards 456 Acting members 457 Quorum 458 Decision 459 Complaints 460 Address to which a complaint is sent 461 Notice of assessment review board hearing 462 Absence from hearing 463 Proceedings before assessment review board 464 Notice to attend or produce 465 Protection of witnesses 466 Division 2 Decisions of Assessment Review Boards Decisions of assessment review board 467 Time for making decisions 468 Notice of decision 469 Appeal 470 Technical irregularities 471 Division 3 Arbitration Beginning the arbitration process 472 Parties to agree to arbitrator 473 Arbitration Act to apply 474 Time for making a decision 475 Decision final 476 Division 4 General Matters Required changes to rolls 477 Right to continue proceedings 478 Obligation to pay taxes 479 Prohibition 480 Fees 481 Admissible evidence at hearing 482 15

Decision admissible on appeal 483 Immunity 484

Part 12 Municipal Government Board Definition 485 Division 1 Establishment and Jurisdiction of the Municipal Government Board Appointment of Board members 486 Panels of the Board 487 Jurisdiction of the Board 488 Quorum 489 Decision 490 Division 2 Hearings before the Board Written statement 491 Complaints about linear property 492 Duty of administrator on receiving statement 493 Notice of hearing before the Board 494 Absence from hearing 495 Proceedings before the Board 496 Notice to attend or produce 497 Protection of witnesses 498 Decisions of the Board 499 Time for making decisions 500 Costs of proceedings 501 Effect of decision relating to costs 502 Extension of time 503 Rehearing 504 Notice of decision 505 Decision final 506 Technical irregularities 507 Intervention by municipality 508 Division 3 Arbitration Beginning the arbitration process 509 Parties to agree to arbitrator 510 Arbitration Act to apply 511 Time for making a decision 512 Decision final 513 16

Division 4 Inquiries by the Board Referrals to the Board 514 Report 515 Division 5 General Matters Referral of unfair assessment to Minister 516 Required changes to rolls 517 Right to continue proceedings 518 Obligation to pay taxes 519 Prohibition 520 Power of Board re contempt 521 Fees 522 Rules re procedures 523 Powers of the Board 524 Admissible evidence at hearing 525 Decision admissible on judicial review 526 Immunity 527

Part 13 Liability of Municipalities, Enforcement of Municipal Law and Other Legal Matters Division 1 Liability of Municipalities Non-negligence actions 528 Exercise of discretion 529 Inspections and maintenance 530 Snow on roads 531 Repair of roads, public places and public works 532 Things on or adjacent to roads 533 Public works affecting adjacent land 534 Division 2 Liability of Councillors and Municipal Officers Protection from liability 535 Division 3 Challenging Bylaws and Resolutions Application to the Court of Queen’s Bench 536 Form and procedure 537 Validity relating to public participation 538 Reasonableness 539 Effect of councillor being disqualified 540 17

Division 4 Enforcement of Municipal Law Definition 541 Municipal inspections and enforcement 542 Court authorized inspections and enforcement 543 Inspecting meters 544 Order to remedy contraventions 545 Order to remedy dangers and unsightly property 546 Review by council 547 Appeal to Court of Queen’s Bench 548 Remedy of contraventions by municipality 549 Remedy of dangers and unsightly premises by municipality 550 Emergencies 551 Recovery of amounts owing by civil action 552 Adding amounts owing to tax roll 553 Injunction 554 Bylaw enforcement officers 555 Powers and duties of bylaw enforcement officers 556 Division 5 Offences and Penalties General offences 557 Offences applicable to officials 558 Unauthorized use of heraldic emblems 559 Documents used to enforce bylaws 560 Destruction of information 561 Obstructing construction of public work or utilities 562 Stop-cock 563 Operating a business without a licence 564 Prosecutions 565 Penalty 566 Order for compliance 567 Fines and penalties 568 Civil liability not affected 569

Part 14 General Ministerial Powers Intermunicipal disagreements 570 Inspection 571 Inquiry 572 Bank accounts 573 Directions and dismissal 574 Official administrator as supervisor 575 Remuneration for official administrator 576 Providing Minister with copies and information 577 Delegation 578Fees 579Regulations 580 18

Part 15 Improvement Districts Formation order 581 Contents of order 582 Changes to improvement districts 583 Orders published 584 Regulations Act 585 Application of other enactments 586 General power of Minister 587 Council 588 Delegation by Minister 589 Hamlets 590 Employees 591 Roads 592 Estimate of expenditures 593 Machinery and equipment and linear property 594 Trust account for revenue 595 Expenditures 596 Public accounts 597 Settlement of accounts 598 Investments 599 Borrowing 600 Acquisition of land 601 Agreements for services 602

Part 16 Miscellaneous Lieutenant Governor in Council regulations 603 Ministerial regulations 604 Altering dates and time periods 605 Requirements for advertising 606 Service of documents 607 Sending documents 608 Adverse possession of land 609 Lost or unclaimed property 610 Unclaimed utility deposits 611 Certified copies 612 Calgary Charter 613 Royal Alexandra Hospitals 614 Crowsnest Pass 615

Part 17 Transitional Provisions, Consequential Amendments, Repeal and Commencement Division 1 Transition from Former Acts to this Act

Definitions 616 Transitional regulations 617 Municipalities 618 Effect of continuation 619 19

Councils 620 Bylaws 621 Appointments, resolutions and other decisions 622 Authorizations 623 Continuation of existing corporations 624 Contracts 625 Franchises 626 Business Revitalization Zones 627 Hamlets 628 Annexations in process 629 Funds and reserves under the former Act 630 Borrowing and loan guarantees 631 Members of courts of revision 632 Members of Alberta Assessment Appeal Board 633 Complaints to continue 634 Appeals to continue 635 Decisions of courts of revision and the Alberta Assessment Appeal Board 636 Assessors 637 Chief Provincial Assessor 638 Assessments and taxes 639 Assessment and tax rolls 640 Assessment and tax notices 641 Division 2 Consequential Amendments, Repeal and Commencement Consequential amendments 642 Freedom of Information and Protection of Privacy Act 643 Repeal 644 Coming into force 645 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation1(1) In this Act, (a) “business” means (

i) a commercial, merchandising or industrial activity or undertaking, (ii) a profession, trade, occupation, calling or employment, or (iii) an activity providing goods or services, whether or not for profit and however organized or formed, including a co-operative or association of persons; 20

(b) “by-election” means an election to fill a vacancy on a council other than at a general election; (c) “chief administrative officer” means a person appointed to a position under

section 205; (d) “chief elected official” means the person elected or appointed as chief elected official under

section 150; (e) “council” means (

i) the council of a city, town, village, summer village, municipal district or specialized municipality, (ii) the council of a county under the County Act, (iii) the council of a town under the Parks Towns Act, or (iv) the council of a municipality incorporated by a special Act; (f) “council committee” means a committee, board or other body established by a council under this Act; (g) “councillor” includes the chief elected official; (h) “designated officer” means a person appointed to a position established under

section 210(1); (i) “elector” means a person who is eligible to vote in the election for a councillor under the Local Authorities Election Act; (j) “enactment” means (

i) an Act of the Legislature of Alberta and a regulation made under

an Act of the Legislature of Alberta, and (ii)

an Act of the Parliament of Canada and a statutory instrument made under

an Act of the Parliament of Canada, but does not include a bylaw made by a council; (k) “general election” means an election held to fill vacancies on council caused by the passage of time, and includes a first election; 21

(l) “Land Compensation Board” means the Land Compensation Board established under the Expropriation Act; (m) “local authority” means (

i) a municipal authority, (ii) a district as defined in the Hospitals Act, (iii) a regional planning commission established under the Planning Act and, if there is no regional planning commission for an area, the Deputy Minister, (iv) the local board of a health unit under the Public Health Act, (

v) a regional services commission under the Regional Municipal Services Act, and (vi) the board of trustees of a district or division as defined in the School Act; (n) “market value” means the amount that a parcel of land might be expected to realize if sold on the open market by a willing seller to a willing buyer; (o) “Minister” means the Minister of Municipal Affairs; (p) “municipal authority” means a municipality, improvement district and special area and, if the context requires, in the case of an improvement district and special area, (

i) the geographical area of the improvement district or special area, or (ii) the Minister, where the improvement district or special area is authorized or required to act; (q) “Municipal Government Board” means the Municipal Government Board established under

Part 12 and includes any panel of the Board; (r) “municipal purposes” means the purposes set out in

section 3; (s) “municipality” means (

i) a city, town, village, summer village, municipal district or specialized municipality, 22

(ii) a county under the County Act, (iii) a town under the Parks Towns Act, or (iv) a municipality formed by special Act, or, if the context requires, the geographical area within the boundaries of a municipality described in subclauses (

i) to (iv); (t) “natural person powers” means the capacity, rights, powers and privileges of a natural person; (u) “owner” means (

i) in respect of unpatented land, the Crown, (ii) in respect of other land, the person who is registered under the Land Titles Act as the owner of the fee simple estate in the land, and (iii) in respect of any property other than land, the person in lawful possession of it; (v) “parcel of land” means (

i) where there has been a subdivision, any lot or block shown on a plan of subdivision that has been registered in a land titles office; (ii) where a building affixed to the land that would without special mention be transferred by a transfer of land has been erected on 2 or more lots or blocks shown on a plan of subdivision that has been registered in a land titles office, all those lots or blocks; (iii) a quarter

section of land according to the system of surveys under the Surveys Act or any other area of land described on a certificate of title; (w) “pecuniary interest” means pecuniary interest within the meaning of

Part 5, Division 6; (x) “population” means population as defined and determined in accordance with the regulations; (y) “public utility” means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: 23

(

i) water or steam; (ii) sewage disposal; (iii) public transportation operated by or on behalf of the municipality; (iv) irrigation; (

v) drainage; (vi) fuel; (vii) electric power; (viii) heat; (ix) waste management; and includes the thing that is provided for public consumption, benefit, convenience or use; (z) “road” means land (

i) shown as a road on a plan of survey that has been filed or registered in a land titles office, or (ii) used as a public road, and includes a bridge forming part of a public road and any structure incidental to a public road; (aa) “tax” means (

i) a property tax, (ii) a business tax, (iii) a business revitalization zone tax, (iv) a special tax, (

v) a well drilling equipment tax, and (vi) a local improvement tax; (bb) “taxpayer” means a person liable to pay a tax; (cc) “whole council” means 24

(

i) all of the councillors that comprise the council under

section 143, (ii) if there is a vacancy on council and the council is not required to hold a by-election under

section 162 or 163, the remaining councillors, or (iii) if there is a vacancy on council and the Minister orders that the remaining councillors constitute a quorum under

section 160 or 168, the remaining councillors.

(2) For the purposes of this Act, a municipality or group of municipalities controls a corporation if (

a) the municipality or group of municipalities hold, other than by way of security only, securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation and, if exercised, are sufficient to elect a majority of the directors of the corporation, or (

b) all or a majority of its members or directors are appointed by the municipality or group of municipalities. Application of Act 2(1) This Act applies to all municipalities and improvement districts.

(2) If there is an inconsistency between this Act and (

a) the County Act, (

b) the Parks Towns Act, or (

c) a special Act forming a municipality, the other Act prevails.

PART 1 PURPOSES, POWERS AND CAPACITY OF MUNICIPALITIES Municipal purposes 3 The purposes of a municipality are (

a) to provide good government, 25

(

b) to provide services, facilities or other things that, in the opinion of council, are necessary or desirable for all or a part of the municipality, and (

c) to develop and maintain safe and viable communities. Corporation4 A municipality is a corporation. Powers, duties and functions 5 A municipality (

a) has the powers given to it by this and other enactments, (

b) has the duties that are imposed on it by this and other enactments and those that the municipality imposes on itself as a matter of policy, and (

c) has the functions that are described in this and other enactments. Natural person powers 6 A municipality has natural person powers, except to the extent that they are limited by this or any other enactment.

PART 2 BYLAWS Division 1 General Jurisdiction General jurisdiction to pass bylaws 7 A council may pass bylaws for municipal purposes respecting the following matters: (

a) the safety, health and welfare of people and the protection of people and property; (

b) people, activities and things in, on or near a public place or place that is open to the public; (

c) nuisances, including unsightly property; (

d) transport and transportation systems; (

e) businesses, business activities and persons engaged in business; (

f) services provided by or on behalf of the municipality; 26

(

g) public utilities; (

h) wild and domestic animals and activities in relation to them; (

i) the enforcement of bylaws made under this or any other enactment, including any or all of the following: (

i) the creation of offences; (ii) for each offence, imposing a fine not exceeding $10 000 or imprisonment for not more than one year, or both; (iii) providing for the imposition of a penalty for an offence that is in addition to a fine or imprisonment so long as the penalty relates to a fee, cost, rate, toll or charge that is associated with the conduct that gives rise to the offence; (iv) providing that a specified penalty prescribed under

section 42 of the Provincial Offences Procedure Act is reduced by a specified amount if the penalty is paid within a specified time; (

v) providing for imprisonment for not more than one year for non-payment of a fine or penalty; (vi) providing that a person who contravenes a bylaw may pay an amount established by bylaw and if the amount is paid, the person will not be prosecuted for the contravention; (vii) providing for inspections to determine if bylaws are being complied with; (viii) remedying contraventions of bylaws. Powers under bylaws 8 Without restricting

section 7, a council may in a bylaw passed under this Division (

a) regulate or prohibit; (

b) deal with any development, activity, industry, business or thing in different ways, divide each of them into classes and deal with each class in different ways; (

c) provide for a system of licences, permits or approvals, including any or all of the following: 27

(

i) establishing fees for licences, permits and approvals including fees for licences, permits and approvals that may be in the nature of a reasonable tax for the activity authorized or for the purpose of raising revenue; (ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the municipality; (iii) prohibiting any development, activity, industry, business or thing until a licence, permit or approval has been granted; (iv) providing that terms and conditions may be imposed on any licence, permit or approval, the nature of the terms and conditions and who may impose them; (

v) setting out the conditions that must be met before a licence, permit or approval is granted or renewed, the nature of the conditions and who may impose them; (vi) providing for the duration of licences, permits and approvals and their suspension or cancellation for failure to comply with a term or condition or the bylaw or for any other reason specified in the bylaw; (

d) provide for an appeal, the body that is to decide the appeal and related matters. Guides to interpreting power to pass bylaws 9 The power to pass bylaws under this Division is stated in general terms to (

a) give broad authority to councils and to respect their right to govern municipalities in whatever way the councils consider appropriate, within the jurisdiction given to them under this or any other enactment, and (

b) enhance the ability of councils to respond to present and future issues in their municipalities. Bylaw passing powers in other enactments 10(1) In this section, “specific bylaw passing power” means a municipality’s power or duty to pass a bylaw that is set out in an enactment other than this Division, but does not include a municipality’s natural person powers. 28

(2) If a bylaw could be passed under this Division and under a specific bylaw passing power, the bylaw passed under this Division is subject to any conditions contained in the specific bylaw passing power.

(3) If there is an inconsistency between a bylaw passed under this Division and one passed under a specific bylaw passing power, the bylaw passed under this Division is of no effect to the extent that it is inconsistent with the specific bylaw passing power. Relationship to natural person powers 11(1) Despite

section 180(2), a municipality may do something under its natural person powers even if the thing could be done under a bylaw passed under this Division.

(2) Section 7(

i) does not apply to bylaw passed under a municipality’s natural person powers. Division 2 Scope of Bylaws Geographic area of bylaws 12 A bylaw of a municipality applies only inside its boundaries unless (

a) one municipality agrees with another municipality that a bylaw passed by one municipality has effect inside the boundaries of the other municipality and the council of each municipality passes a bylaw approving the agreement, or (

b) this or any other enactment says that the bylaw applies outside the boundaries of the municipality. Relationship to Provincial law 13 If there is an inconsistency between a bylaw and this or another enactment, the bylaw is of no effect to the extent of the inconsistency. 29

PART 3 SPECIAL MUNICIPAL POWERS AND LIMITS ON MUNICIPAL POWERS Division 1 Expropriation Expropriation powers 14(1) In this section, “organization” means any of the following organizations in which the municipality is a member or has acquired shares: (

a) a society under the Societies Act; (

b) an association registered under

Part 9 of the Companies Act; (

c) a corporation under the Business Corporations Act that is a charity or operates for non-profit purposes; (

d) a corporation that operates for the purpose of making a profit and that is controlled by one or more municipalities, if the control is in accordance with the regulations under

section 73.

(2) If a council wants to acquire an estate or interest in land, inside or outside the municipality (

a) for a purpose authorized by an enactment, (

b) to carry out an area redevelopment plan under the Planning Act, whether undertaken by the municipality alone or in conjunction with another person, (

c) to improve land owned by the municipality, (

d) for the purpose of selling the land as building sites, (

e) to enable an organization to carry out a development as defined in the Planning Act or a redevelopment, or (

f) for any other municipal purpose, it may acquire the estate or interest in the land by expropriation under the Expropriation Act.

(3) No council may expropriate an estate or interest in mines or minerals.

(4) The expropriation of an estate or interest in land that is outside the municipality is subject to

section 72. 30

(5) When the council is of the opinion that the municipality can obtain a more reasonable price or other advantage by acquiring the whole or a larger portion of any parcel of land of which a part may be expropriated by the municipality, the municipality may expropriate the whole or the larger portion of the parcel. Expropriating part of a parcel 15(1) If a municipality’s notice of intention to expropriate proposes to expropriate a portion of a parcel of land, the owner of the parcel may apply to the Land Compensation Board to direct the municipality to expropriate the whole of the parcel.

(2) The Land Compensation Board may direct the municipality to expropriate the whole of the parcel of land if, in the opinion of the Board, the expropriation of a part of the parcel is unfair to the owner of the parcel. Division 2 Roads Title to roads16(1) The title to all roads in a municipality, other than a city, is vested in the Crown in right of Alberta.

(2) The title to all roads in a city is vested in the city unless another Act or agreement provides otherwise.

(3) Nothing in this

section gives a city title to mines and minerals. Disposal of estate or interest in roads 17(1) Subject to any other Act or agreement, the council of a city has the power and is deemed always to have had the power to dispose of an interest in a road in the city so long as the disposition does not amount to a sale or lease or require a road closure under

section 22.

(2) No interest disposed of under subsection (1) may be registered in a land titles office. Control of roads 18(1) Subject to this or any other Act, a municipality has the direction, control and management of all roads within the municipality.

(2) Subject to this or any other Act, a municipal district also has the direction, control and management of roads and road diversions surveyed for the purpose of opening a road allowance as a diversion from the road allowance on the south or west boundary of the district although the roads or road diversions are outside the boundaries of the municipal district. 31

(3) Nothing in this

section gives a municipality the direction, control and management of mines and minerals. Rocky Mountains Forest Reserve 19 In The Municipal District of Bighorn No. 8 and The Municipal District of Clearwater No. 99, the Minister of Transportation and Utilities has the direction, control and management of roads within the Rocky Mountains Forest Reserve constituted under the Forest Reserves Act. Specialized municipalities 20(1) The Minister of Transportation and Utilities has the direction, control and management of roads within a specialized municipality that has been formed in whole or in part from an improvement district.

(2) Despite subsection (1), the Minister of Transportation and Utilities and the council of the specialized municipality may enter into an agreement providing that all or part of the direction, control and management of roads within the specialized municipality may be exercised by the specialized municipality.

(3) If there is an agreement under subsection (2), the Minister of Transportation and Utilities may require that a specialized municipality pay for the cost of fulfilling the Minister’s responsibilities with respect to roads within the specialized municipality, and the specialized municipality must pay the amount of the requisition as soon as practicable after the requisition is made.

Land abutting roads 21 If a municipality requires land abutting a road intending that the land will become part of the road and, before the land is incorporated into the road, the municipality grants to an adjoining land owner a licence or permit to occupy the land, the land subject to the licence or permit is deemed to be part of the road. Road closure22(1) No road in a municipality that is subject to the direction, control and management of the municipality may be closed except by bylaw.

(2) A bylaw closing a road must be advertised.

(3) A bylaw closing a road made by the council of a municipality that is not a city has no effect unless it is approved by the Minister of Transportation and Utilities before the bylaw receives second reading. 32

(4) Before passing a bylaw closing a road, a person who claims to be affected prejudicially by the bylaw or that person’s agent must be given an opportunity to be heard by the council. Compensation23(1) Any person who occupies, owns or has an interest in land that sustains damages through the closing of a road by bylaw must be compensated for the damages.

(2) If the municipality is not able to agree with the claimant on the amount of compensation, the compensation must be determined by the Land Compensation Board. Closure of unnecessary road 24 Despite

section 22, the council of a municipal district may by resolution, with the approval of the Minister of Transportation and Utilities, close the whole or any part of a road described in a surveyed road plan that the council determines is no longer required for use by the travelling public owing to the existence of an alternate route. Temporary road closure 25 Despite

section 22, a council by resolution or a designated officer if authorized by resolution of the council may temporarily close the whole or a part of a road at any time that a construction or maintenance project on or adjacent to the road may create a hazard. Temporary roads and rights of way 26(1) In this section, “private land” means land that is not owned by the Crown in right of Alberta or of Canada or their agents.

(2) A council may by bylaw open a temporary road or a temporary right of way on private land.

(3) A temporary road or right of way established under this

section may be kept open for not more than 2 years.

(4) The owner and occupant of land over which the temporary road or right of way passes are entitled to compensation from the municipality for the use of the temporary road or right of way and for loss or damage caused by the temporary road or right of way.

(5) If there is no agreement on compensation, the compensation must be decided by the Land Compensation Board.

(6) Section 22 does not apply to a temporary road or right of way established under this section. 33

Leases 27(1) This

section applies to a portion of a road that is within a municipality and that is deemed to be closed because a Crown lease has been granted for the portion of the road.

(2) Subject to the rights of any lessee of any Crown lease referred to in subsection (1), the council of the municipality may by bylaw, reopen the whole or part of the portion of the road that was closed.

(3) If the whole or a part of a road is reopened, the council must send a copy of the bylaw to the Minister of Transportation and Utilities. Division 3 Public Utilities General

Definitions28 In this Division, (a) “easement” means an easement, interest or right held by a municipality for the purpose of locating the system or works of a municipal public utility; (b) “municipal public utility” means the system or works of a public utility operated by or on behalf of a municipality other than under an agreement referred to in

section 45; (c) “municipal utility service” means a utility service provided by a municipal public utility; (d) “non-municipal public utility” means the system or works of a public utility operated by or on behalf of a person under an agreement referred to in

section 45; (e) “service connection” means the part of the system or works of a public utility that runs from the main lines of the public utility to a building or other place on a parcel of land for the purpose of providing the utility service to the parcel and includes those parts of the system or works described in

section 29; (f) “utility service” means the thing that is provided by the system or works of a public utility. Composition of system or works 29 When the system or works of a public utility involve pipes, wires or other things that connect to a building, the system or works include (

a) the pipes, wires or things 34

(

i) running up to the building, (ii) located on or within the exterior walls of the building, and (iii) running from the exterior walls to couplings, stop-cocks, meters and other apparatus placed inside the building by the municipality or person providing the public utility, and (

b) those couplings, stop-cocks, meters and other apparatus. Long term supply agreements to public utilities 30 If a council proposes to make an agreement to supply water, steam, fuel or electric power to a public utility for a period that, with rights of renewal, could exceed 5 years, the agreement must be approved by the Public Utilities Board before it is made.

Regulation of gas supply obtained from direct sellers 31(1) In this section, (a) “consumer” means a consumer of gas who takes delivery of the gas at its place of consumption by means of an urban gas system operated by a distributor; (b) “direct seller” means a person who sells gas to a consumer, if the gas is delivered to its place of consumption by means of an urban gas system operated by a distributor, but does not include the distributor; (c) “distributor” means (

i) an urban municipality that operates an urban gas system, or (ii) a rural gas co-operative association as defined in the Rural Gas Act, that operates an urban gas system under an agreement referred to in

section 45; (d) “urban gas system” means the system or works of a public utility for the distribution of gas to consumers within an urban municipality; (e) “urban municipality” means a city, town, village or summer village.

(2) The Lieutenant Governor in Council may make regulations 35

(

a) establishing classes of consumers for the purposes of this section; (

b) respecting, in relation to any class of consumers, the requirements to be met before and during the term of a contract under which a consumer within that class obtains a supply of gas from a direct seller; (

c) respecting the rights and obligations of (

i) a distributor in relation to its consumers or to members of any class of its consumers or in relation to a direct seller, (ii) a direct seller in relation to a distributor or in relation to consumers to whom the direct seller sells gas, or (iii) consumers or members of any class of consumers in relation to their distributor or in relation to direct sellers from whom they purchase gas, with respect to any matters provided for in the regulations.

(3) Subject to the regulations, a consumer has the right to obtain a supply of gas from a direct seller for delivery to the consumer by means of an urban gas system operated by a distributor, subject to the rates, charges or tolls and on the terms and conditions established by the distributor with respect to the transportation of the gas.

(4) The Public Utilities Board, on the application of a consumer or direct seller aggrieved by an unreasonable refusal of the distributor to provide service for the transportation of gas to the consumer by means of the distributor’s urban gas system or by any unreasonable term or condition under which the transportation service is or is sought to be provided by the distributor, may make an order (

a) directing the distributor to provide the transportation service in accordance with the provisions of the order, (

b) amending, replacing or voiding the term or condition, or (

c) settling the term or condition.

(5) Section 45 does not apply to the sale of gas by a direct seller to a consumer. 36

Other authorizations and approvals 32 Nothing in this Division exempts a municipality or other person operating a public utility from obtaining necessary approvals or other authorizations under an enactment or bylaw. Municipal Public Utilities Prohibiting other public utilities 33 When a municipality provides a municipal utility service, the council may by bylaw prohibit any person other than the municipality from providing the same or a similar type of utility service in all or part of the municipality.

Duty to supply utility service 34(1) If the system or works of a municipal public utility that provide a municipal utility service are adjacent to a parcel of land, the municipality must, when it is able to do so and subject to any terms, costs or charges established by council, provide the municipal utility service to the parcel on the request of the owner of the parcel.

(2) If the system or works of a municipal public utility that provide a municipal utility service are adjacent to a parcel of land, the municipality may, when it is able to do so and subject to any terms, costs or charges established by council, provide the municipal utility service to the parcel on the request of the occupant of the parcel who is not the owner. Parcels adjacent to roads and easements 35(1) This

section applies when the main lines of the system or works of a municipal public utility are located above, on or underneath a road or easement and the municipality provides the municipal utility service to a parcel of land adjacent to the road or easement.

(2) The municipality is responsible for the construction, maintenance and repair of the portion of the service connection from the main lines of the system or works to the boundary of the road or easement.

(3) Despite subsection (2), the council may as a term of supplying the municipal utility service to the parcel of land make the owner responsible for the costs of the construction, maintenance and repair of the portion of the service connection from the main lines of the system or works to the boundary of the road or easement.

(4) If the owner is responsible for the costs of the construction, maintenance or repair referred to in subsection (3), those costs are an amount owing to the municipality by the owner. 37

Right of entry - main lines 36(1) This

section applies to (

a) the main lines of the system or works of a municipal public utility located above, on or underneath a road or easement, and (

b) the portion of a service connection referred to in

section 35(2).

(2) A municipality may enter any land for the purpose of constructing, repairing or maintaining the system or works described in subsection (1).

(3) After the municipality has constructed, repaired or maintained the system or works, the municipality must, at its expense, restore any land that has been entered under subsection (2) as soon as practicable.

(4) If the municipality does not restore the land as soon as practicable and the owner of the land restores it, the municipality is liable to the owner for the restoration costs. Service connections - owner 37(1) The owner of a parcel of land is responsible for the construction, maintenance and repair of a service connection of a municipal public utility located above, on or underneath the parcel.

(2) If the municipality is not satisfied with the construction, maintenance or repair of the service connection, the municipality may require the owner of the parcel of land to do something in accordance with its instructions with respect to the construction, maintenance or repair of the system or works by a specified time.

(3) If the thing has not been done to the satisfaction of the municipality within the specified time or in an emergency, the municipality may enter any land or building to construct, maintain or repair the service connection. Service connections - municipality 38(1) Despite

section 37, the council may as a term of providing a municipal utility service to a parcel of land give the municipality the authority to construct, maintain and repair a service connection located above, on or underneath the parcel.

(2) A municipality that has the authority to construct, maintain or repair a service connection under subsection (1) may enter any land or building for that purpose. 38

Restoration and costs 39(1) After the municipality has constructed, maintained or repaired the service connection located above, on or underneath a parcel of land under

section 37 or 38, the municipality must restore any land entered as soon as practicable.

(2) The municipality’s costs relating to the construction, maintenance, repair under

section 37 or 38 and restoration costs under this

section are an amount owing to the municipality by the owner of the parcel. Buildings40(1) When a municipal utility service is provided to a building that has more than one apartment, office or other unit, the system or works of the municipal public utility may be installed over the different apartments, offices or other units.

(2) The system or works must be attached to the outside of the building unless consent is given to install them inside. Discontinue providing public utility 41 In accordance with its bylaws, a municipality may, for any lawful reason, (

a) discontinue providing a municipal utility service after giving reasonable notice of its intention to do so, and (

b) remove the system or works of the municipal public utility used to provide the utility service. Liability for public utilities charges 42(1) The charges for a municipal utility service provided to a parcel of land are an amount owing to the municipality by the owner of the parcel.

(2) If the municipality agrees to provide a municipal utility service to a parcel of land on the request of an occupant of the parcel who is not the owner, the charges for the municipal utility service provided to the parcel are an amount owing to the municipality by the occupant and not the owner. Appeal 43(1) A person who uses, receives or pays for a municipal utility service may appeal a service charge, rate or toll made in respect of it to the Public Utilities Board, but may not challenge the public utility rate structure itself.

(2) If the Public Utilities Board is satisfied that the person's service charge, rate or toll (

a) does not conform to the public utility rate structure established by the municipality, 39

(

b) has been improperly imposed, or (

c) is discriminatory, the Board may order the charge, rate or toll to be wholly or partly varied, adjusted or disallowed. Dispute with other municipalities 44(1) If (

a) a municipality is supplying a utility service to a person outside of the municipality, and (

b) there is a dispute between the municipality supplying the utility service and any other municipality in connection with the rates, tolls or charges, the dispute may be submitted to the Public Utilities Board.

(2) The Board may make an order on any terms and conditions that it considers proper.

(3) This

section applies whether or not a public utility is subject to the control and orders of the Public Utilities Board pursuant to

section 102 of the Public Utilities Board Act or

section 4 of the Gas Utilities Act. Non-municipal Public Utilities Granting rights to provide utility services 45(1) A council may, by agreement, grant a right, exclusive or otherwise, to a person to provide a utility service in all or part of the municipality, for not more than 20 years.

(2) The agreement may grant a right, exclusive or otherwise, to use the municipality’s property, including property under the direction, control and management of the municipality, for the construction, operation and extension of a public utility in the municipality for not more than 20 years.

(3) Before the agreement is made, amended or renewed, the agreement, amendment or renewal must (

a) be advertised, and (

b) be approved by the Public Utilities Board. (4) Subsection (3)(

b) does not apply to an agreement to provide a utility service between a council and a regional services commission established under the Regional Municipal Services Act. 40

Prohibiting other non municipal public utilities 46 When a person provides a utility service in a municipality under an agreement referred to in

section 45, the council may by bylaw prohibit any other person from providing the same or a similar utility service in all or part of the municipality. Renewals47(1) An agreement referred to in

section 45 that is not renewed continues in effect until either party, with the approval of the Public Utilities Board, terminates it on 6 months’ notice.

(2) If notice to terminate has been given under subsection (1), the municipality has the right to purchase the rights, systems and works of the public utility.

(3) If the municipality wishes to purchase the rights, systems and works and no agreement on the purchase can be reached, either party may refer the matter to the Public Utilities Board.

(4) After the matter is referred to the Public Utilities Board, the Board must by order fix the terms and price of the purchase and the order is binding on the parties. Division 4 Ambulance Services Prohibiting non municipally operated ambulance services 48(1) When a municipality provides an ambulance service, the council may by bylaw prohibit any person other than the municipality from providing the same or similar ambulance service in all or part of the municipality.

(2) If as a result of a bylaw under subsection (1) a person has to discontinue providing a lawfully operated ambulance service in all or a part of the municipality, the municipality must compensate the person for the person’s reasonable economic loss.

(3) If the amount of the compensation cannot be agreed on between the council and the person, compensation is to be determined by the Public Utilities Board and the Board s order is binding on the parties. Non municipally operated ambulance services 49 A council may by bylaw grant a person the exclusive right of providing an ambulance service in all or a part of the municipality and prohibit anyone else from providing the service. 41

Division 5 Business Revitalization Zones Purpose50 A council may by bylaw establish a business revitalization zone for one or more of the following purposes: (

a) improving, beautifying and maintaining property in the zone; (

b) developing, improving and maintaining public parking; (

c) promoting the zone as a business or shopping area. Board 51(1) A business revitalization zone is governed by a board consisting of members appointed by council under the business revitalization zone bylaw.

(2) The board is a corporation. Civil liability of board members 52(1) In this

section “approved budget” means a budget of the board of a business revitalization zone that has been approved by council.

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

(3) If more than one member is liable to the municipality under this

section in respect of a particular expenditure, the members are jointly and severally liable to the municipality for the expenditure.

(4) The liability may be enforced by action by (

a) the municipality, or (

b) an elector or taxpayer of the municipality. Regulations53 The Minister may make regulations (

a) respecting the establishment of a business revitalization zone; (

b) setting out what must be included in a business revitalization zone bylaw; (

c) respecting the appointment, term and renewal of members of the board of a business revitalization zone; 42

(

d) respecting the powers and duties of the board and the board’s annual budget; (

e) respecting the disestablishment of a zone and the dissolution of a board; (

f) that operate despite

Part 8, authorizing a municipality to lend money to a board and to borrow money on behalf of a board; (

g) establishing restrictions on the municipality providing money to the board. Division 6 Miscellaneous Powers Providing services in other municipalities 54 A municipality may provide any service or thing that it provides in all or part of the municipality in another municipal authority with the agreement of the other municipal authority. Sharing taxes and grants 55(1) A municipality may enter into an agreement with (

a) another municipality, or (

b) a collecting board as defined in

section 163 of the School Act, to share grants paid under

section 366 or taxes.

(2) The agreement must include a means to settle disputes arising from the agreement. Civic holidays56(1) A council may declare up to 2 days in a year as civic holidays.

(2) The minimum length of a civic holiday is a half day. Census 57 A council may conduct a census. Road names58(1) A municipality may name roads or areas within its boundaries and may assign a number or other means of identification to buildings or parcels of land.

(2) A municipality may require an owner or occupant of a building or a parcel of land to display the identification in a certain manner. 43

Hamlets59(1) The council of a municipal district, specialized municipality or county may designate an unincorporated community described in subsection (2) that is within its boundaries to be a hamlet.

(2) An unincorporated community may be designated a hamlet if the community (

a) consists of 5 or more buildings used as dwellings, a majority of which are on parcels of land smaller than 1850 square metres, (

b) has a generally accepted boundary and name, and (

c) contains parcels of land that are used for non-residential purposes.

(3) The designation of a hamlet must specify the hamlet’s name and boundaries. Water bodies60(1) Subject to any other enactment, a municipality has the direction, control and management of the rivers, streams, watercourses, lakes and other natural bodies of water within the municipality, including the air space above and the ground below.

(2) Nothing in this

section gives a municipality the direction, control and management of mines and minerals. Granting rights over property61(1) A municipality may grant rights, exclusive or otherwise, with respect to its property, including property under the direction, control and management of the municipality.

(2) A municipality may charge fees, tolls and charges for the use of its property, including property under the direction, control and management of the municipality. Acquiring land for roads 62(1) In this section, “owner” includes (

a) in the case of land that is being acquired under an agreement for sale, the owner of the fee simple estate in the land and the purchaser under the agreement for sale who has registered the interest against the certificate of title for the land; (

b) in the case of land that is subject to a lease for which a certificate of title has been issued, the owner of the fee simple estate in the land and the lessee under that lease. 44

(2) When a municipality makes an agreement with the owner of land to acquire the land for the purpose of a road, culvert, ditch or drain, title to the land is vested in the city, or in the case of any other municipality, the Crown in right of Alberta, by filing with the Registrar of Land Titles (

a) plans of survey showing the land to be acquired, and (

b) a certificate of a designated officer stating that (

i) an agreement has been reached with the owner of the land to be acquired and the price to be paid, (ii) all persons registered on certificates of title that have an interest in land that is within 40 metres of the boundary of the land to be acquired as shown on the plans of survey have been notified by registered mail, and (iii) the person signing the certificate is a designated officer.

(3) When the title to land vests under subsection (2), it is not necessary to register a transfer for that land.

(4) A municipality is not entitled to mines and minerals in any land vested in it pursuant to this

section and the title to any mines or minerals is not affected by the filing of any plan of survey pursuant to this section. Division 7 Revision and Consolidation of Bylaws Revision authorized 63(1) A council may by bylaw authorize the revision of all or any of the bylaws of the municipality.

(2) The bylaw may authorize the following: (

a) consolidating a bylaw by incorporating all amendments to it into one bylaw; (

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

c) omitting, without providing for its repeal, a bylaw or a provision of a bylaw that is of a transitional nature or that refers only to a particular place, person or thing or that has no general application throughout the municipality; 45

(

d) combining 2 or more bylaws into one, dividing a bylaw into 2 or more bylaws, moving provisions from one bylaw to another and creating a bylaw from provisions of another or 2 or more others; (

e) altering the citation and title of a bylaw and the numbering and arrangement of its provisions, and adding, changing or omitting a note, heading, title, marginal note, diagram or example to a bylaw; (

f) omitting the

preamble and

long title of a bylaw; (

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

h) correcting clerical, grammatical and typographical errors; (

i) making changes, without changing the substance of the bylaw, to bring out more clearly what is considered to be the meaning of a bylaw or to improve the expression of the law. Bylaw adopting revised bylaws 64(1) Revised bylaws have no effect unless a bylaw adopting them is passed.

(2) The bylaw adopting the revised bylaw may not be passed unless the chief administrative officer certifies that the proposed revised bylaws have been revised in accordance with the bylaw authorizing the revision.

(3) An amendment to the proposed revised bylaws may be made only if the change under the amendment is in accordance with the bylaw authorizing the revision.

(4) The bylaw adopting the revised bylaws must specify the date or dates that the revised bylaws are to come into force and the date or dates that the bylaws being repealed are repealed. Requirements relating to substituted bylaws 65 Revised bylaws that are in effect are deemed to have been passed as if all the requirements respecting the passing and approval of the bylaws for which the revised bylaws are substituted have been complied with. 46

Effects of revised bylaws 66(1) The provisions of the revised bylaws substituted for the previous bylaws, when they have the same effect, operate retrospectively as well as prospectively and are deemed to come into force on the days on which the corresponding previous bylaws came into force.

(2) If the provisions of the revised bylaws do not have the same effect, (

a) the provisions of the revised bylaws prevail with respect to all transactions, matters and things occurring on or after the day the revised bylaws come into force, and (

b) the provisions of the previous bylaws prevail with respect to all earlier transactions, matters and things. References to repealed bylaws 67 A reference in a bylaw, enactment or document to a bylaw that has been repealed by the revised bylaws is, in respect of any subsequent transaction, matter or thing occurring after the revised bylaws come into force, to be considered to be a reference to the bylaw in the revised bylaws that has been substituted for the repealed bylaw. Mistakes made during revision 68(1) If a mistake is made during the revision of a bylaw and the bylaw adopting the revised bylaw has been passed, the mistake may be corrected by bylaw.

(2) The bylaw correcting the mistake is deemed to have been made as if all the requirements respecting the passing and approval of the bylaw for which the revised bylaw was substituted have been complied with. Consolidation of bylaws 69(1) A council may by bylaw authorize a designated officer to consolidate one or more of the bylaws of the municipality.

(2) In consolidating a bylaw the designated officer must (

a) incorporate all amendments to it into one bylaw, and (

b) omit any provision that has been repealed or that has expired.

(3) A printed document purporting (

a) to be a copy of a bylaw consolidated under this section, and (

b) to be printed under the authority of a designated officer, 47

is prima facie proof of the original bylaw, of all bylaws amending it, and of the fact of the passage of the original and all amending bylaws. Division 8 Limits on Municipal Powers Disposal of land 70(1) If a municipality proposes to transfer or grant an estate or interest in (

a) land for less than its market value, or (

b) a public park or recreation or exhibition grounds, the proposal must be advertised.

(2) The proposal does not have to be advertised if the estate or interest is (

a) to be used for the purposes of supplying a public utility, or (

b) transferred or granted under Division 8 of

Part 10 before the period of redemption under that Division. Mines and minerals 71 No municipality may acquire an estate or interest in mines or minerals without the prior approval of the Lieutenant Governor in Council. Acquisition of land outside municipal boundaries 72(1) A municipality may acquire an estate or interest in land outside its boundaries only if (

a) the council of the municipal authority in whose boundaries the land is located consents in writing to the acquisition or, in the case of a municipal authority that is an improvement district or special area, the Minister consents in writing to the acquisition, and (

b) after the written consent is given, the council that wishes to acquire the estate or interest in the land authorizes the acquisition.

(2) This

section does not apply when a municipality acquires an option on land outside its boundaries, but it does apply when the municipality exercises the option. 48

Control of profit corporations 73(1) In this section, “corporation” means a corporation that operates for the purpose of making a profit.

(2) No municipality may, by itself or with other municipalities, control a corporation except in accordance with the regulations.

(3) The Minister may make regulations (

a) respecting information that must be provided to the Minister before a municipality or group of municipalities controls a corporation; (

b) providing that certain corporations may not be controlled by a municipality or group of municipalities unless the Minister’s approval is obtained; (

c) respecting terms and conditions that apply when a municipality or group of municipalities control a corporation.

(4) The regulations may apply to one corporation or one approval or may be general. Firearms74 A bylaw of a county or municipal district prohibiting in all or a part of the county or municipal district the shooting or use of a firearm or other device that propels a projectile does not come into force until the bylaw has been approved by the Minister responsible for the Wildlife Act. Forest and Prairie Protection Act 75(1) In this section, “forest protection area” means a forest protection area designated under the Forest and Prairie Protection Act.

(2) The council of a municipal district may not pass a bylaw respecting fires that applies to the part of the municipal district in a forest protection area.

(3) Despite subsection (2), the council may pass a bylaw respecting fires, other than forest or running fires, that applies to the part of a hamlet that is within a forest protection area. (4) Sections 4(2) and (3), 7 and 19(2) of the Forest and Prairie Protection Act do not apply to the council of a municipal district with respect to the part of the municipal district that is within a forest protection area. 49

PART 4 FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION Division 1 General Criteria Principles, standards and criteria 76(1) The Minister may establish and publish principles, standards and criteria that are to be taken into account in considering the formation, change of status or dissolution of municipalities and the amalgamation of or annexation of land from municipal authorities.

(2) The Regulations Act does not apply to the principles, standards and criteria. Division 2 Formation Types of municipality that may be formed 77 The following types of municipality may be formed under this Part: (

a) municipal district; (

b) summer village; (

c) village; (

d) town; (

e) city; (

f) specialized municipality. Municipal district78 A municipal district may be formed for an area in which (

a) a majority of the buildings used as dwellings are on parcels of land with an area of at least 1850 square metres, and (

b) there is a population of 1000 or more. Summer village79 A summer village may be formed for an area in which (

a) there are at least 60 parcels of land that have buildings used as dwellings located on them, (

b) a majority of the persons who would be electors of the proposed summer village do not reside in that area, and 50

(

c) there is a population of less than 300. Village80 A village may be formed for an area in which (

a) a majority of the buildings are on parcels of land smaller than 1850 square metres, and (

b) there is a population of 300 or more. Town 81 A town may be formed for an area in which (

a) a majority of the buildings are on parcels of land smaller than 1850 square metres, and (

b) there is a population of 1000 or more. City 82 A city may be formed for an area in which (

a) a majority of the buildings are on parcels of land smaller than 1850 square metres, and (

b) there is a population of 10 000 or more. Specialized municipality83 A specialized municipality may be formed for an area (

a) in which the Minister is satisfied that a type of municipality referred to in

section 77(a), (b), (c), (

d) or (

e) does not meet the needs of the residents of the proposed municipality, (

b) to provide for a form of local government that, in the opinion of the Minister, will provide for the orderly development of the municipality to a type of municipality referred to in

section 77(a), (b), (c), (

d) or (e), or to another form of specialized municipality, or (

c) in which the Minister is satisfied for any other reason that it is appropriate in the circumstances to form a specialized municipality. Modification of requirements84 The Minister may by order, in a particular case, make minor modifications to the requirements in sections 78 to 83 if the Minister considers there is justifiable reason for doing so. 51

Initiating formation 85(1) A municipality may be formed on the Minister’s initiative or if (

a) the Minister receives a request to form the municipality from a council of a municipality or an improvement district, or (

b) the Minister receives (

i) a sufficient petition requesting the formation of the municipality from electors within the boundaries of the proposed municipality numbering at least 30% of the population within the boundaries of the proposed municipality, or (ii) in the case of a proposed summer village, a sufficient petition requesting the formation of the summer village from a majority of the people who would be electors of the summer village if the summer village existed when the petition is submitted to the Minister.

(2) A request or petition referred to in subsection (1) must specify the boundaries of the proposed municipality. Factors to be considered86 Before a municipality is formed, the Minister must consider (

a) the principles, standards and criteria on formation established under

section 76, (

b) the viability, including the financial viability, of (

i) the proposed municipality operating as a separate entity, and (ii) any remaining municipality continuing to operate as a separate entity, and (

c) any agreements on common boundaries. Public input87(1) Before a municipality is formed, the Minister (

a) must invite comments on the proposed municipality from all local authorities that the Minister considers would be affected by the formation of the proposed municipality and from any other person the Minister considers necessary, 52

(

b) must invite comments on the proposed municipality from the public, (

c) may conduct one or more meetings with the public to discuss the probable effects of the formation, and (

d) may hold a vote of those people who would be electors of the proposed municipality.

(2) If the Minister holds a vote, the vote must be conducted in accordance with the Local Authorities Election Act as modified by directions given by the Minister. Formation order 88 The Lieutenant Governor in Council, on the recommendation of the Minister, may by order form a municipality. Contents of order 89(1) A formation order must (

a) describe the boundaries of the municipality formed by the order, (

b) give the municipality the status of municipal district, summer village, village, town, city or specialized municipality, and (

c) give the municipality an official name.

(2) If a municipal district is formed, the order (

a) must state the number of councillors that is to comprise its council, (

b) must establish wards for it and describe their boundaries, (

c) may specify or describe by reference, the provisions of this or other enactments that do not apply to the municipal district, or that apply with or without modification, and (

d) may specify or describe by reference, any provisions that are to be added to or replace the provisions of this or other enactments.

(3) If a specialized municipality is formed, the order must state the number of councillors that is to comprise its council and apply either

section 150(1) or (2) to the municipality and may (

a) establish wards for it and describe their boundaries; 53

(

b) specify or describe by reference, the provisions of this or other enactments that do not apply to the specialized municipality, or that apply with or without modification; (

c) specify or describe by reference, any provisions that are to be added to or replace the provisions of this or other enactments; (

d) prescribe matters or conditions that govern the functions, powers and duties of the specialized municipality; (

e) if a specialized municipality is formed all or partly from an improvement district, provide that

Part 15 continues to apply to the specialized municipality as if it were an improvement district.

(4) If the order provides that

Part 15 continues to apply to a specialized municipality under subsection (3)(e), the Minister may at any time in respect of the specialized municipality (

a) exercise any of the powers that the Minister has in respect of an improvement district under

Part 15 or any other enactment, including power to delegate; (

b) limit the power, authority or jurisdiction of the specialized municipality; (

c) prescribe how or the conditions under which the specialized municipality may exercise any power or authority; (

d) require the specialized municipality to exercise or perform a power, right or duty of a municipality; (

e) authorize the council to pass some or all of the bylaws that the council of a municipal district may pass, subject to any conditions the Minister imposes. Official administrator90 When a municipality is formed and there is no council, the Minister may appoint an official administrator who has all the powers and duties of a council of the municipality until the first council of the municipality is sworn into office.

Division 3 Change of Status Meaning of change of status 91 A reference to changing the status of a municipality in this Part means changing a municipal district, summer village, village, town, city or specialized municipality to another type of municipality within that group. 54

Application of formation rules 92 The requirements in sections 78 to 83 respecting the formation of municipalities apply to changing the status of municipalities. Initiation of change of status 93 The status of a municipality may be changed if (

a) the Minister receives a request from the municipality’s council, (

b) the Minister receives a sufficient petition from the majority of the electors in the municipality requesting the change in status, or (

c) the Minister is satisfied that the municipality no longer meets the requirements in sections 78 to 82 or, in the case of a specialized municipality, that the reasons for its original formation as a specialized municipality no longer exist. Public input94 Before the status of a municipality is changed, the Minister (

a) must notify the council of the municipality of the proposed change, (

b) may invite comments on the proposed change of status from all local authorities that the Minister considers would be affected by the change and from any other person the Minister considers necessary, (

c) may invite comments on the proposed change of status from the public, and (

d) may conduct one or more meetings of the public to discuss the probable effects of the change of status. Consideration of principles 95 Before the status of a municipality is changed, the Minister must consider the principles, standards and criteria on change of status established under

section 76. Change of status order 96 The Lieutenant Governor in Council, on the recommendation of the Minister, may by order change the status of a municipality. 55

Contents of order 97(1) An order changing the status of a municipality to a municipal district must include the provisions referred to in

section 89(2).

(2) An order changing the status of a municipality to a specialized municipality must state the number of councillors that is to comprise its council and apply either

section 150(1) or (2) to the municipality and may deal with any of the other matters referred to in

section 89(3) and (4). Division 4 Change of Name Change of name order 98 The Lieutenant Governor in Council, on the request of a municipality’s council and on the recommendation of the Minister, may change the name of the municipality. Effect of change of name 99(1) The change of a municipality’s name does not affect any obligation, right, action or property of the municipality.

(2) The use of the old name of the municipality in any proceedings, agreements, notices or documents after the name has been changed does not affect the validity of those proceedings, agreements, notices or documents. Division 5 Amalgamation Application100 This Division does not apply to the amalgamation of (

a) an improvement district with another improvement district, or (

b) a special area with another special area. Restriction on amalgamation101 No order amalgamating municipal authorities may be made that would result in an area of land that is (

a) not included in any municipal authority, or (

b) part of the amalgamated municipal authority, but is not contiguous with other land in the amalgamated municipal authority. 56

Initiation of amalgamation proceedings 102 The procedure for the amalgamation of 2 or more municipal authorities may be initiated by a municipal authority or by the Minister under

section 107. Initiation by municipal authority 103(1) A municipal authority initiates an amalgamation by giving written notice of the proposed amalgamation to (

a) the one or more municipal authorities with which it proposes to amalgamate, (

b) the Minister, and (

c) any local authority that the initiating municipal authority considers would be affected by the proposed amalgamation.

(2) If an amalgamation proposed by an initiating municipal authority would result in an area of land that is within the perimeter of the boundary of the amalgamated municipal authority, but is not part of the amalgamated municipal authority, the initiating municipal authority must give notice of its intention to annex that land when it gives notice of the proposed amalgamation. (3) Subsection (2) does not apply if the area of land within the perimeter of the boundary of the proposed amalgamated municipal authority is the area of an existing municipal authority.

(4) The notice for an amalgamation must (

a) include the names of all the municipal authorities that are to be amalgamated and the reasons for the proposed amalgamation, and (

b) include proposals for consulting with the local authorities that the initiating municipal authority considers would be affected and the public about the proposed amalgamation. Direct negotiations 104(1) The municipal authorities with which the initiating municipal authority proposes to amalgamate must, on receipt of the notice under

section 103, meet with the initiating municipal authority to discuss the proposals included in the notice and negotiate the proposals in good faith.

(2) The initiating municipal authority must keep the Minister informed of the progress of the negotiations. 57

Report on negotiations 105(1) On conclusion of the negotiations, the initiating municipal authority must prepare a report that describes the results of the negotiations and that includes (

a) a list of the matters agreed on and those on which there is no agreement between the municipal authorities, (

b) a description of the public consultation processes involved in the negotiations, and (

c) a

summary of the views expressed during the public consultation processes.

(2) The report must be signed by the initiating municipal authority and by the municipal authorities with which it proposes to amalgamate that are prepared to sign and must include a certificate by the initiating municipal authority stating that the report accurately reflects the results of the negotiations.

(3) A municipal authority that does not sign the report may include in the report its reasons for not signing. Disposition of report 106(1) On completion of the report on the direct negotiations, the initiating municipal authority must submit the report to the Minister and send a copy of it to the municipal authorities with which it proposes to amalgamate and any other local authority the initiating municipal authority considers would be affected.

(2) If the initiating municipal authority indicates in the report that it wishes to proceed with the amalgamation, the report becomes the initiating municipal authority’s application for the amalgamation. Initiation by Minister 107 The Minister may initiate an amalgamation of 2 or more municipal authorities if the Minister believes that the operation of the municipal authority to be formed by the amalgamation will be more effective or efficient than the municipal authorities to be amalgamated. Notice by Minister 108 When the Minister initiates an amalgamation, the Minister (

a) must give written notice of it to the municipal authorities proposed to be amalgamated and any local authority that the Minister considers would be affected by the proposed amalgamation, (

b) may invite comments on the proposed amalgamation from all local authorities that the Minister considers would be 58

affected by the amalgamation and from any other person the Minister considers necessary, (

c) may invite comments on the proposed amalgamation from the public, and (

d) may conduct one or more meetings of the public to discuss the probable effects of the proposed amalgamation. Consideration of principles 109 Before municipal authorities are amalgamated, the Minister must consider the principles, standards and criteria on amalgamation established under

section 76. Amalgamation order 110 The Lieutenant Governor in Council, on the recommendation of the Minister, may by order amalgamate municipal authorities to form a new municipality. Contents of order 111 An order to amalgamate municipal authorities may (

a) dissolve one or more of the councils of the municipal authorities that are amalgamated, (

b) provide for an interim council, (

c) require a municipal authority to pay compensation to another municipal authority set out in the order or by means determined in the order including arbitration under the Arbitration Act, and (

d) deal with any of the matters referred to in

section 89. Official administrator 112 When a municipality is formed by amalgamation and there is no council, the Minister may appoint an official administrator who has all the powers and duties of a council of the municipality until the first council of the municipality is sworn into office. Division 6 Annexation Application113 This Division does not apply to the annexation of land (

a) from an improvement district to another improvement district, or (

b) from a special area to another special area. 59

Restriction on annexation 114 No order that annexes land to a municipal authority may be made if the land to be annexed is not contiguous with the boundaries of the municipal authority. Annexations of same land 115(1) A municipal authority may not initiate or proceed with more titan one proposed annexation at any one time concerning the same land.

(2) A municipal authority may not initiate or proceed with a proposed annexation when the municipal authority is proceeding with an amalgamation, unless the annexation is of the type referred to in

section 103(2). Initiation of annexation 116(1) A municipal authority initiates the annexation of land by giving written notice of the proposed annexation to (

a) the one or more municipal authorities from which the land is to be annexed, (

b) the Municipal Government Board, and (

c) any local authority that the initiating municipal authority considers would be affected by the proposed annexation.

(2) The notice for an annexation must (

a) describe the land proposed to be annexed, (

b) set out the reasons for the proposed annexation, and (

c) include proposals for (

i) consulting with the public about the proposed annexation, and (ii) meeting with the owners of the land to be annexed, and keeping them informed about the progress of the negotiations. Direct negotiations117 The municipal authorities from which the land is to be annexed must, on receipt of the notice under

section 116, meet with the initiating municipal authority to discuss the proposals included in the notice and negotiate the proposals in good faith. 60

Report on negotiations 118(1) On conclusion of the negotiations, the initiating municipal authority must prepare a report that describes the results of the negotiations and that includes (

a) a list of the matters agreed on and those on which there is no agreement between the municipal authorities, (

b) a description of the public consultation processes involved in the negotiations, and (

c) a

summary of the views expressed during the public consultation processes.

(2) The report must be signed by the initiating municipal authority and by the municipal authorities from which the land is to be annexed that are prepared to sign and must include a certificate by the initiating municipal authority stating that the report accurately reflects the results of the negotiations.

(3) A municipal authority that does not sign the report may include in the report its reasons for not signing. Disposition of report 119(1) The initiating municipal authority must submit the completed report to the Municipal Government Board and send a copy of it to the municipal authorities from which the land is to be annexed and any other local authority the initiating municipal authority considers would be affected.

(2) If the initiating municipal authority indicates in the report that it wishes to proceed with the annexation, the report becomes the initiating municipal authority’s application for the annexation. General agreement on proposed annexation 120(1) If the initiating municipal authority wishes the annexation to proceed and the Municipal Government Board is satisfied that the affected municipal authorities and the public are generally in agreement with the annexation, the Board must notify the Minister and all the local authorities that it considers would be affected by the annexation and anyone else the Board considers should be notified that (

a) there appears to be general agreement with the proposed annexation, and (

b) unless objections to the annexation are filed with the Board by a specified date, the Board will make its recommendation to the Minister without holding a public hearing. 61

(2) If no objections are filed with the Board by the specified date, the Board must (

a) consider the principles, standards and criteria on annexation established under

section 76, and (

b) prepare a written report with its recommendations and send it to the Minister.

(3) If objections are filed with the Board by the specified date, the Board (

a) may investigate, analyze and make findings of fact about the annexation, including the probable effect on local authorities and on the residents of an area, and (

b) must conduct one or more hearings in respect of the annexation and allow any affected person to appear before the Board at a hearing. No general agreement on proposed annexation 121 If the initiating municipal authority wishes the annexation to proceed and the Municipal Government Board is not satisfied that the affected municipal authorities or the public are in general agreement with the annexation, the Board (

a) must notify the Minister and all the local authorities that it considers would be affected by the annexation, and anyone else the Board considers should be notified, that there is not general agreement with the proposed annexation, (

b) may investigate, analyze and make findings of fact about the annexation, including the probable effect on local authorities and on the residents of an area, and (

c) must conduct one or more hearings in respect of the annexation and allow any affected person to appear before the Board at a hearing. Notice of hearing and costs 122(1) The Municipal Government Board must publish a notice of the hearing under

section 120(3) or 121 at least once a week for 2 consecutive weeks in a newspaper or other publication circulating in the affected area, the 2nd notice being not less than 6 days before the hearing.

(2) The Municipal Government Board may determine the costs of and incidental to a hearing and decide by whom and to whom the costs are to be paid. 62

(3) Section 502 applies to a decision of the Board relating to costs under this section. Board's report123 After one or more hearings under

section 120(3) or 121 have been held and after considering the reports and representations made to it and the principles, standards and criteria on annexation established under

section 76, the Board must prepare a written report of its findings and recommendations and send it to the Minister. Contents of report 124(1) A report by the Municipal Government Board to the Minister under this Division must set out (

a) a recommendation on whether or not land should be annexed to the initiating municipal authority or other municipal authority; (

b) if it is recommending annexation, a description of the land, whether there should be revenue sharing and any terms, conditions and other things the Board considers necessary or desirable to implement the annexation.

(2) If the Board does not recommend that land be annexed in its report, the Board must provide the report to all local authorities that it considers would be affected by the annexation. Annexation order 125 If an application for the annexation of land has been referred to the Board, the Lieutenant Governor in Council, after considering the report of the Board, may by order annex land from a municipal authority to another municipal authority. Minor annexation 126 Despite sections 116 to 124, the Lieutenant Governor in Council may by order annex land to a municipal authority if the Minister believes that (

a) the proposed annexation is of a minor nature, and (

b) there is no dispute about the proposed annexation. Contents of order 127 An order to annex land to a municipal authority may (

a) require a municipal authority to pay compensation to another municipal authority in an amount set out in the order or to be determined by means specified in the order, including arbitration under the Arbitration Act, 63

(

b) dissolve a municipal authority as a result of the annexation, and (

c) deal with any of the matters referred to in

section 89. Annexation refused 128 If an application for an annexation of land is refused, the Minister must notify the initiating municipal authority of the refusal and the initiating municipal authority may not make another annexation application concerning the same land for a period of one year after it receives notice of the refusal. Division 7 Dissolution Application129 This Division does not apply to the dissolution of a municipality as a result of an annexation. Dissolution study 130(1) The Minister must undertake a dissolution study before a municipality is dissolved.

(2) The Minister must undertake a dissolution study in respect of a municipality if (

a) the Minister receives a request for the study from the council of the municipality, or (

b) the Minister receives a sufficient petition requesting the study from electors of the municipality numbering at least 30% of the municipality’s population or, in the case of a summer village, a sufficient petition requesting the study from a majority of the electors of the summer village.

(3) The Minister may undertake a dissolution study in respect of a municipality if the Minister believes that (

a) the municipality cannot balance its revenues with its required expenditures, (

b) the municipality is no longer viable, (

c) the municipality does not meet the applicable requirements in sections 78 to 82 or, in the case of a specialized municipality, the reasons for its formation as a specialized municipality no longer exist, (

d) vacancies on a council cannot be filled, or 64

(

e) the dissolution will lead to more effective or efficient municipal operations. Requirements before completing study 131 The Minister, before completing a dissolution study, (

a) must contact all local authorities that the Minister considers would be affected by the dissolution of the municipality and invite them to comment on the proposed dissolution, (

b) may conduct at least one public meeting that is advertised in accordance with

section 606 to discuss the implications of the dissolution, and (

c) must consider (

i) the effect that the dissolution will have on all local authorities that the Minister considers would be affected by the dissolution, and (ii) the principles, standards and criteria on dissolution established under

section 76. Vote on dissolution 132(1) After completing a dissolution study, the Minister may hold a vote on the proposed dissolution.

(2) If the Minister holds a vote, the vote must be conducted in accordance with the Local Authorities Election Act as modified by directions given by the Minister. Dissolution order 133(1) The Lieutenant Governor in Council, on the recommendation of the Minister, may by order dissolve a municipality.

(2) A dissolution order (

a) must direct that all or part of the land in the dissolved municipality becomes part of another municipal authority, and (

b) may deal with any of the matters referred to in

section 89. Tax 134 If the liabilities of the dissolved municipality exceed its assets, the Minister may authorize the successor of the dissolved municipality to impose an additional tax under

Part 10 on property located in the area of the dissolved municipality to pay for those excess liabilities. 65

Division 8 General Provisions Effect of certain orders 135(1) When an order under this Part has the effect of including or placing an area of land that was in one municipal authority (in this

section called the “old municipal authority”) in another municipal authority (in this

section called the “new municipal authority”) as a result of the formation, annexation, amalgamation or dissolution of a municipal authority, then, unless the order otherwise provides, (

a) the new municipal authority becomes the successor of the old municipal authority with respect to that land and the old municipal authority ceases to have any jurisdiction with respect to that land, (

b) all the assets, liabilities, rights and obligations of the old municipal authority that relate to that land automatically pass to the new municipal authority and cease to be those of the old municipal authority, (

c) if at the time of the notice under

section 103 or 116, any land or any portion of it is designated or required to be provided as a public utility lot, environmental reserve, municipal reserve or municipal and school reserve under the Planning Act, the ownership of the land becomes vested in the new municipal authority in place of the old municipal authority, and (

d) bylaws and resolutions of the old municipal authority that apply specifically to the land continue to apply to it until repealed or others are made in their place by the new municipal authority.

(2) If the land referred to in subsection (1)(

c) is sold or money instead of land is received by the old municipal authority after the notice under

section 103 or 116 is received, the proceeds of the sale or the money received must be paid to the new municipal authority.

(3) The new municipal authority may only use the proceeds of the sale or the money received for purposes for which the old municipal authority could have used it.

(4) The Minister may (

a) authorize the council of the new municipal authority to impose an additional tax under

Part 10 on the land to meet obligations under a borrowing made by the old municipal authority in respect of that land, 66

(

b) make any provision necessary to protect any rights that any person has in relation to the land, or (

c) direct the transfer of assets and liabilities from one municipal authority to another.

(5) This

section does not abrogate or affect agreements described in

section 30 or 45. Power to effectuate transfer of land and other property 136 Where an order under this Division requires the ownership of land or other property to be transferred to a municipal authority, the Minister may do whatever is necessary to give effect to

section 135(1) or a direction under

section 135(4)(c). Transitional and other matters 137(1) An order of formation, change of status, amalgamation, annexation or dissolution may, in respect of any municipal authority affected by the order, contain provisions dealing with the following: (

a) assessment and taxation; (

b) property; (

c) employees; (

d) any matter required to properly effect or deal with the formation, change of status, amalgamation, annexation or dissolution, whether transitional or otherwise; (

e) the application, addition, change or substitution of this or another enactment to give effect to the order.

(2) The provisions referred to in subsection (1) may deal with rights, obligations, liabilities, assets and any other thing that the Lieutenant Governor in Council considers is appropriate to be dealt with in the order and may operate despite a collective agreement.

(3) The Lieutenant Governor in Council may amend or repeal a provision referred to in subsection (1) that is contained in an order of formation, change of status, amalgamation, annexation or dissolution without having to comply with the requirements for passing the original order. Retroactivity of orders 138(1) An order of the Lieutenant Governor in Council under this Part may provide (

a) for the retroactive application of the order or any of its provisions, and 67

(

b) that the order or any of its provisions come into force on different dates.

(2) An order or any of its provisions may only be made retroactive to a date in the year immediately before the calendar year in which the order is made.

(3) Any error in any order made under this Part may be corrected by subsequent order, and the correcting order may be made effective as of the date of the original order or on some other later date that is specified in the order. Orders published 139(1) An order of the Lieutenant Governor in Council or the Minister made under this Part must be published in The Alberta Gazette.

(2) Publication of an order of the Lieutenant Governor in Council or the Minister made under this

Part is conclusive proof of the fulfilment of any conditions precedent to the order. Regulations Act 140 The Regulations Act does not apply to an order of the Lieutenant Governor in Council or the Minister made under this Part. Location of boundaries 141(1) In this section, (a) “survey” means a survey made under the Surveys Act or the Canada Lands Surveys Act; (b) “surveyed land” means land that has been surveyed under the Surveys Act or the Canada Lands Surveys Act.

(2) Where the boundary of a municipality is described by reference to the boundary of a township or

section of surveyed land along which a road allowance runs, the boundary is the side of the road allowance on which monuments or posts are placed under a survey, except in the case of correction lines or where the description otherwise specifies.

(3) In the case of correction lines, the boundary is the south side of the road allowance.

(4) Where a road is the boundary of a municipality and land is acquired to widen the road, the land acquired automatically falls within that boundary. 68

(5) A road allowance between an Indian Reserve and a municipality is in the municipality despite anything to the contrary in this section.

(6) Where a boundary of a municipality is described by reference to a river, the boundary is the right bank of the river facing downstream unless the description otherwise specifies.

PART 5 COUNCILS, COUNCILLORS AND COUNCIL COMMITTEES Division 1 Councils and Council Committees Councils as governing bodies 142(1) Each municipality is governed by a council.

(2) A council is a continuing body. Number of councillors for municipalities 143(1) A council consists of the number of councillors provided for under this section, one of whom is the chief elected official, but in no case may a council consist of fewer than 3 councillors.

(2) The council of a city or town consists of 7 councillors unless the council passes a bylaw specifying a higher or lower odd number.

(3) The council of a village or summer village consists of 3 councillors unless the council passes a bylaw specifying a higher odd number.

(4) The council of a municipal district or specialized municipality consists of the number of councillors specified in the order forming it unless the council passes a bylaw specifying a higher or lower odd number.

(5) The council of any other type of municipality consists of the number of councillors provided for it by or under the enactment establishing it. Bylaw changing number of councillors 144(1) A bylaw passed under

section 143 must be passed at least 180 days before the general election at which it is to take effect.

(2) If a bylaw is passed less than 180 days before the next general election, it takes effect at the 2nd general election after the date on which it is passed.

(3) A bylaw passed under

section 143 must be advertised. 69

Bylaws - council and council committees 145 A council may pass bylaws in relation to the following: (

a) the establishment and functions of council committees and other bodies; (

b) the procedure and conduct of council, council committees and other bodies established by the council, the conduct of councillors and the conduct of members of council committees and other bodies established by the council. Composition of council committees 146 A council committee may consist (

a) entirely of councillors, (

b) of a combination of councillors and other persons, or (

c) subject to

section 154(2), entirely of persons who are not councillors. Division 2 Elections, Appointments and Ward System Election of councillors 147(1) Subject to Division 5, councillors other than a chief elected official are to be elected in accordance with the Local Authorities Election Act.

(2) The election is to be by a vote of the electors of the whole municipality unless the municipality is divided into wards, in which case

section 148 applies. Division of municipality into wards 148(1) Unless otherwise provided for in a bylaw under this section, when a municipality is divided into wards, (

a) only an elector who is resident in the ward may vote for a councillor in that ward, and (

b) councillors are elected for each ward.

(2) A council may by bylaw (

a) divide the municipality into wards and establish their boundaries, (

b) in the case of wards established for a municipal district or a specialized municipality, change the number of wards and their boundaries, 70

(

c) give each ward established or changed a name or number, or both, (

d) state the number of councillors to be elected for each ward established or changed, and (

e) in the case of any municipality, including a municipal district or specialized municipality, eliminate the wards.

(3) A council may by bylaw provide for councillors that (

a) are in addition to the councillors elected for each ward, (

b) are elected by a vote of the electors of the whole municipality, and (

c) are councillors for the whole municipality, not a ward.

(4) A council may by bylaw provide that all councillors (

a) are nominated by ward, (

b) are elected by a vote of the electors of the whole municipality, and (

c) are councillors for the whole municipality, not a ward.

(5) A council may by bylaw provide that all councillors (

a) are nominated by ward, (

b) are elected by a vote of the electors of the whole municipality, and (

c) are councillors for the ward in which they were nominated. Passing bylaw149(1) A bylaw under

section 148 must be passed at least 180 days before the general election at which it is to take effect.

(2) If a bylaw is passed less than 180 days before the next general election, it takes effect at the 2nd general election after the date on which it is passed.

(3) A bylaw passed under

section 148 must be advertised. Election or appointment of chief elected official 150(1) The chief elected official of a city or town is to be elected by a vote of the electors of the municipality unless the council passes a bylaw 71

(

a) requiring council to appoint the chief elected official from among the councillors, (

b) specifying when the appointment is to start, and (

c) specifying the term of the appointment.

(2) The chief elected official of a village, summer village or municipal district is to be appointed by council from among the councillors unless the council passes a bylaw providing that the official is to be elected by a vote of the electors of the municipality.

(3) The chief elected official of a specialized municipality is to be elected under subsection (1) or appointed under subsection (2) as specified in the order that forms the specialized municipality.

(4) If a chief elected official is to be elected by a vote of the electors of the municipality, the Local Authorities Election Act applies to the election. Passing bylaw151(1) A bylaw under

section 150 must be passed at least 180 days before the general election at which it is to take effect.

(2) If a bylaw is passed less than 180 days before the next general election, it takes effect at the 2nd general election after the date on which it is passed.

(3) A bylaw passed under

section 150 must be advertised. Deputy and acting chief elected officials 152(1) A council must appoint one or more councillors as deputy chief elected official so that (

a) only one councillor will hold that office at any one time, and (

b) the office will be filled at all times.

(2) A deputy chief elected official must act as the chief elected official (

a) when the chief elected official is unable to perform the duties of the chief elected official, or (

b) if the office of chief elected official is vacant.

(3) A council may appoint a councillor as an acting chief elected official to act as the chief elected official 72

(

a) if both the chief elected official and the deputy chief elected official are unable to perform the duties of the chief elected official, or (

b) if both the office of chief elected official and the office of deputy chief elected official are vacant. Division 3 Duties, Titles and Oaths of Councillors General duties of councillors 153 Councillors have the following duties: (

a) to consider the welfare and interests of the municipality as a whole and to bring to council’s attention anything that would promote the welfare or interests of the municipality; (

b) to participate generally in developing and evaluating the policies and programs of the municipality; (

c) to participate in council meetings and council committee meetings and meetings of other bodies to which they are appointed by the council; (

d) to obtain information about the operation or administration of the municipality from the chief administrative officer or a person designated by the chief administrative officer; (

e) to keep in confidence matters discussed in private at a council or council committee meeting until discussed at a meeting held in public; (

f) to perform any other duty or function imposed on councillors by this or any other enactment or by the council. General duties of chief elected official 154(1) A chief elected official, in addition to performing the duties of a councillor, must (

a) preside when in attendance at a council meeting unless a bylaw provides that another councillor or other person is to preside, and (

b) perform any other duty imposed on a chief elected official by this or any other enactment or bylaw.

(2) The chief elected official is a member of all council committees and all bodies to which council has the right to appoint members under this Act, unless the council provides otherwise. 73

Titles of chief elected official and other councillors 155 A councillor is to have the title “councillor” and a chief elected official that of “chief elected official” unless the council directs that another title appropriate to the office be used. Taking of oath156 A councillor, a chief elected official and a deputy and acting chief elected official may not carry out any power, duty or function until that person has taken the official oath prescribed by the Oaths of Office Act.

Division 4 Term of Office Local Authorities Election Act 157 The term of office of councillors is governed by the Local Authorities Election Act. Extension of term 158(1) If the first election of a newly formed municipality, whether formed under this or another enactment, is less than 18 months before the date set by the Local Authorities Election Act for the next general election, the Minister may order that the next general election not take place.

(2) If the Minister makes an order under subsection (2), the terms of the offices are to continue until immediately before the beginning of the organizational meeting following the next general election. Appointed chief elected officials 159(1) A chief elected official who is to be appointed under

section 150 must be appointed at each organizational meeting of the council, unless otherwise provided by bylaw.

(2) The term of office of an appointed chief elected official starts immediately on appointment and ends on the appointment of the next chief elected official.

(3) The term of office of an appointed chief elected official may not extend beyond the term of office of that person as councillor. Division 5 Vacancies and Quorum Positions unfilled at general election 160(1) If at a general election persons are not elected to fill all the offices on council, the Minister may (

a) fill the vacancies by appointing persons as councillors, 74

(

b) if there is no quorum, order that the councillors who have been elected constitute a quorum, (

c) if there is no quorum, order that the remaining councillors constitute a quorum and appoint an official administrator for the purposes of supervision under

section 575, or (

d) appoint an official administrator who has all the powers and duties of the council.

(2) Persons appointed under subsection (1)(

a) hold office until the vacancies are filled by a by-election.

(3) If council is unable to or does not within a reasonable time hold a by-election to fill a vacancy referred to in subsection (1), the Minister may by order, direct that the chief administrative officer conduct a by-election to fill the vacancy. Resignation161(1) The resignation of a councillor must be in writing and given to the chief administrative officer.

(2) A chief elected official appointed by council who resigns the office of chief elected official remains on the council as a councillor.

(3) The resignation is effective on the date it is received by the chief administrative officer even if a later date is set out in the resignation.

(4) The chief administrative officer must report the resignation at the first council meeting after receiving the resignation. Vacancy in position of councillor 162 A council must hold a by-election to fill a vacancy on council unless (

a) the vacancy occurs in the 6 months before a general election, or (

b) the council consists of 6 or more councillors and the vacancy occurs (

i) in the 18 months before a general election and there is only one vacancy, or (ii) in the 12 months before a general election and the number of councillors remaining is at least one more than the majority of the number of councillors comprising the council under

section 143. 75

Chief elected official (elected) vacancy 163 If the chief elected official is elected by a vote of the electors of the whole municipality and the office becomes vacant, the vacancy must be filled (

a) if on the date the vacancy occurs there are 12 months or more before a general election, by a by-election, or (

b) if on the date the vacancy occurs there are less than 12 months before a general election, either by a by-election or by council appointing at the next council meeting one or more councillors as chief elected official so that (

i) only one councillor holds that office at any one time, and (ii) the office is filled all the time. Chief elected official (appointed) vacancy 164 If, under

section 150, the chief elected official is appointed by council from among the councillors and the office becomes vacant, council must at the next council meeting appoint one or more councillors as chief elected official so that (

a) only one councillor holds that office at any one time, and (

b) the office is filled all the time. Election day 165 Unless a council sets an earlier date, election day for a by-election under

section 162 or 163 is 90 days after the vacancy occurs. Minister orders by-election166 If a vacancy must be filled under

section 162 or 163 and the council is unable to or does not within a reasonable time hold a by-election to fill the vacancy, the Minister may by order direct

Document details

Collection	Alberta — Bills
Citation	L23 S2 2184
Type	bill
Volume / chapter	L23 S2 2184
Language	en
Format	json
Source	PROVINCIAL
Identifier	b2485f4b7036ef9892b067a2ca6bfe2a9996073c

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