Bill 14 — Third Session, 24Th Legislature, 48 Elizabeth Ii the Legislative Assembly of Alberta Bill 14 Municipal Government Amendment Act, 1999 (Legislature 24, Session 3)

L24 S3 889

Alberta — Bills

1999 BILL 14 Third Session, 24th Legislature, 48 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 14 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1999 MR. KLAPSTEIN First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1999 (24th, 3rd) Bill 14, Municipal Government Amendment Act, 1999

Bill 14 M r. Klapstein BILL 14 1999 MUNICIPAL GOVERNMENT AMENDMENT ACT (Assented to HER MAJESTY, by and with the advice and conse Legislative Assembly of Alberta, enacts as follows: A m ends S A 1994 cM -26.1 1 The M unicipal G overnm ent A ct is amended by 1 2

Section 1(1) is amended (

a) in clause (

n) by striking out “section 284 substituting “section 284(1)(r)”; (

b) in clause (

y) by adding the following after s (ix): (

x) residential and commercial street lighting: 1

Explanatory Notes 1 Amends

chapter M-26.1 of the Statutes of Alberta, 1994. 2

Section 1(1)(

n) and (

y) presently read: 1(1) In this Act, (n) "m arket value” m eans the am ount that a property, as defined in

section 284 (r), m ight be expected to realize if it is sold on the open m arket by a willing seller to a willing buyer; (y) "public utility” m eans a system or works used to provide one or m ore of the following for public consum ption, benefit, convenience or use: (

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

v) drainage; (vi) fuel; (vii) electric power; (viii) heat; (ix) waste m anagem ent; 1 Explanatory Notes

Section 27.4(2) is repealed. 4

Section 54 is repealed and the following is subs P roviding services in o th e r areas 54 A municipality may provide any service or th provides in all or part of the municipality (

a) in another municipal authority with the agr the other municipal authority, and (

b) in a part of a province adjoining Alberta agreement of the authority from that provin jurisdiction includes the provision of the thing in that part of the province. 5

Section 72(1) is amended (

a) by striking out “and” at the end of clause (a) (

b) by adding the following after clause (a): (a.1) in the case of land located in a province Alberta, the local government withi boundaries the land is located consents in the acquisition, and 6 The following is added before

section 113: M ediation 112.1 In this Division, “mediation” in resp annexation means a process involving a neutral mediator who assists the initiating municipal auth the one or more municipal authorities from which is to be annexed, and any other person brought i agreement of those municipal authorities, to reach mutually acceptable settlement of the matter by s negotiations, facilitating communication and ident issues and interests of the participants. 7

Section 117 is amended by renumbering it as 117(1) and by adding the following after subsectio 2

and includes the thing that is provided for public consum ption, benefit, convenience or use; 3

Section 27.4(2) presently reads:

(2) An am ount owing to a m unicipality under subsection (1) m ay be added to the m unicipality’s tax roll on any property for which the agreem ent holder is the assessed person. 4

Section 54 presently reads: 54 A m unicipality m ay provide any service or thing that it provides in all or part of the m unicipality in another m unicipal authority with the agreem ent of the other m unicipal authority. 5

Section 72(1) presently reads: 72(1) A m unicipality m ay acquire an estate or interest in land outside its boundaries only if (

a) the council of the m unicipal authority in whose boundaries the land is located consents in writing to the acquisition or, in the case of a m unicipal authority that is an im provem ent district or special area, the M inister 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. 6 Defines mediation. 7

Section 117 presently reads: 117 The m unicipal authorities from which the land is to be annexed m ust, on receipt of the notice under

section 116, m eet with the 2 Explanatory Notes

(2) If there are matters on which there is no agreement, the initiating municipal authority and the one or more municipal authorities from which the land is to be annexed must, during the negotiations, attempt to use mediation to resolve those matters. 8

Section 118(1) is amended by adding the following after clause (a): (a.1) if there were matters on which there was no agreement, a description of the attempts to use mediation and, if mediation did not occur, the reasons for this, 9 Sections 6 to 8 do not apply in respect of annexations initiated before those sections come into force. 10

Section 284(1) is amended (

a) by repealing clause (

d) and substituting the following: (d) “assessor” means a person who has the qualifications set out in the regulations and (

i) is designated by the Minister to carry out the duties and responsibilities of an assessor under this Act, or (ii) is appointed by a municipality to the position of designated officer to carry out the duties and responsibilities of an assessor under this Act, and includes any person to whom those duties and responsibilities are delegated by the person referred to in subclause (

i) or (ii); (

b) by repealing clause (

p) and substituting the following: (p) “operator”, in respect of linear property, means (

i) for linear property described in clause (k)(iii) 3

initiating m unicipal authority to discuss the proposals included in the notice and negotiate the proposals in good faith. 8

Section 118 presently reads: 118(1) O n conclusion of the negotiations, the initiating m unicipal authority m ust prepare a report that describes the results of the negotiations and that includes (

a) a list of the m atters agreed on and those on which there is no agreem ent between the m unicipal authorities, (

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

c) a sum m ary of the views expressed during the public consultation processes. 9 Transitional provision. 10

Section 284(1)(

d) and (

p) presently read: 284

(1) In this Part and Parts 10, 11 and 12, (d) “assessor" m eans (

i) a person designated by the M inister, or (ii) a person appointed by a m unicipality to the position of designated officer to carry out the duties and responsibilities of an assessor under this Act, and includes any person to whom those duties and responsibilities are delegated by the person referred to in subclause (

i) or (ii); (p) “operator", in respect of linear property, m eans (

i) the owner of the linear property', (ii) a person who has applied in writing to and been approved by the M inister as an operator of linear property, (iii) for linear property described in clause (k)(iii)(

A) or (B), the perm ittee or licensee as those term s are defined in the Pipeline Act, or 3 Explanatory Notes

(

A) the permittee or licensee, as those terms are defined in the Pipeline Act, (

B) the licensee, as defined in the O il and Gas Conservation Act, or (

C) the person who has applied in writing to and been approved by the Minister as the operator, or, where paragraphs (A), (

B) and (

C) do not apply, the owner, and (ii) for other linear property, (

A) the owner, or (

B) the person who has applied in writing to and been approved by the Minister as the operator; 11

Section 292 is amended by repealing subsections (2), (3) and (4) and substituting the following:

(2) Each assessment must reflect (

a) the valuation standard set out in the regulations for linear property, and (

b) the specifications and characteristics of the linear property on October 31 of the year prior to the year in which a tax is imposed under

Part 10 in respect of the linear property, as contained in (

i) the records of the Alberta Energy and Utilities Board, or (ii) the report requested by the assessor under subsection (3).

(3) If the assessor considers it necessary, the assessor may request the operator of linear property to provide a report relating to that property setting out the information requested by the assessor.

(4) On receiving a request under subsection (3), the operator must provide the report not later than December 31.

(5) If the operator does not provide the report in accordance with subsection (4), the assessor must prepare the assessment 4

(iv) for linear property described in clause (k)(iii)(

C) or (D ), the operator of a battery as that phrase is defined in the regulations under the O il and Gas Conservation Act; 11

Section 292 presently reads in part:

(2) Each assessm ent m ust reflect the valuation standard set out in the regulations for linear property.

(3) Each assessm ent m ust be based on a report provided by D ecem ber 31 to the M inister by the operator of the linear property, showing (

a) the specifications and characteristics of the linear property on O ctober 31 of the year prior to the year in which a tax is im posed under

Part 10 in respect of the linear property, (

b) the legal descriptions of the parcels of land occupied by the linear property, where appropriate, (

c) the address to which assessm ent notices m ay be sent, and (

d) any other inform ation requested by the M inister. (4 ) If an operator of linear property does not provide the report required by subsection (3), the assessor m ust prepare the assessm ent using whatever inform ation is available about the linear property. 4 Explanatory Notes

using whatever information is available about the linear property. 12

Section 298(2) is amended by striking out “subsection (1)(r)(iii)” and substituting “subsection (1)(r)(i)”. 13

Section 304(1)(

f) is repealed and the following is substituted: (

f) property held under a lease, licence or permit for (

i) working any minerals in or under the land referred to in the lease, licence or permit or in or under land in the vicinity of that land, (ii) drilling for oil, salt or natural gas, or (iii) operating a well for oil, salt or natural gas; (

f) the person who uses the property for the purpose indicated; 14

Section 326(

a) is amended (

a) by repealing subclause (iv) and substituting the following: (iv) the requisition of ambulance districts under the Am bulance Services Act, or (

b) by repealing subclause (

v) and substituting the following: (

v) the amount required to be paid to a management body under

section 7 of the Alberta H ousing Act; 5

Section 298(2) presently reads:

(2) In subsection (1)(r)(iii), “industrial custom er” m eans a custom er that operates a factory, plant, works or industrial process related to m anufacturing and processing. 13

Section 304(1)(

f) presently reads: 304

(1) The nam e of the person described in colum n 2 m ust be recorded on the assessm ent roll as the assessed person in respect of the assessed property described in colum n 1. Colum n 1 Assessed property (

f) im provem ents to land held under a lease, licence or perm it for (

i) working any m inerals in or under the land or in or under land in the vicinity of it, (ii) drilling for oil, salt or natural gas, or (iii) operating a well for oil, salt or natural gas; Colum n 2 Assessed person (

f) the person who uses the im provem ents for the purpose indicated; 14

Section 326(

a) presently reads: 326 In this Part, (a) “requisition” m eans (

i) repealed 1995 c24 s4 5, (ii) any part of the am ount required to be paid into the Alberta School Foundation Fund under

section 158 of the School Act that is raised by im posing a rate referred to in

section 158 of the School Act, (iii) any part of the requisition of school boards under

Part 6, D ivision 3 of the School Act, 5 Explanatory Notes

Section 354(3.1) is amended by striking out “The” and substituting “Despite subsection (3), the”. 16

Section 360 is amended by adding the following after subsection (4):

(4.1) If a tax agreement with the operator of a public utility that transports electricity by way of a transmission system, an electric distribution system, or both, provides for the calculation of the payment as a percentage of the gross revenue of the public utility, that gross revenue is (

a) gr, or (

b) gr + (qu.ns x vpu), where: “gr” is the gross revenue received by the public utility under its distribution tariff for the year; “qu.ns” is the quantity of electricity in respect of which system access service, distribution access service, or both, were provided during the year by means of the transmission system, the electric distribution system, or both, of the provider of the public utility; “vpu” is the deemed value per unit quantity of electricity determined by the Alberta Energy and Utilities Board for that year for the electricity in respect of which system access service, distribution access service, or both, were so provided.

(4.2) In subsection (4.1), “distribution access service”, “electric distribution system”, “electricity”, “system access service” and “transmission system” have the meanings given to them in the Electric U tilities Act. 17

Section 362(3) is amended by adding “, in writing,” after “notify”. 6

(iv) the requisition of hospital districts under the H ospitals Act, health regions under the Regional H ealth Authorities Act or am bulance districts under the Am bulance Services Act, or (

v) the am ount required to be paid to a foundation under

section 11.2 of the Senior Citizens H ousing Act; 15

Section 354(3.1) presently reads:

(3.1) The tax rate set for the class referred to in

section 297(1)(

d) to raise the revenue required under

section 353(2)(

a) m ust be equal to the tax rate set for the class referred to in

section 297(1)(

b) to raise revenue for that purpose. 16 New subsections added to enable municipalities to tax the value of electricity being transported by a public utility under a tax agreement made under subsection (1). 17

Section 362(3) presently reads: 6 Explanatory Notes

Section 363(3) is amended by adding in writing,” after “notify”. 19

Section 374(1) is amended (

a) in clause (

b) by adding the following after subclause (i): (i.1) assessment based on a percentage of the net annual rental value of the premises; (

b) in clause (

c) by adding the following after subclause (i): (i.1) for the assessment method referred to in clause (b)(i.1), the percentage of the net annual rental value; 7

(3) A council proposing to pass a bylaw under subsection (2) m ust notify any person or group that will be affected of the proposed bylaw. 18

Section 363(3) presently reads:

(3) A council proposing to pass a bylaw under subsection (2) m ust notify the person or group that will be affected of the proposed bylaw. 19

Section 374(1) presently reads: 374

(1) The business tax bylaw m ust (

a) require assessm ents of businesses operating in the m unicipality to be prepared and recorded on a business assessm ent roll; (

b) specify one or m ore of the following m ethods of assessm ent as the m ethod or m ethods to be used to prepare the assessm ents: (

i) assessm ent based on a percentage of the gross annual rental value of the prem ises; (ii) assessm ent based on storage capacity of the prem ises occupied for the purposes of the business; (iii) assessm ent based on floor space, being the area of all of the floors in a building and the area outside the building that are occupied for the purposes of that business; (iv) assessm ent based on a percentage of the assessm ent prepared under

Part 9 for the prem ises occupied for the purposes of the business; (

c) specify the basis on which a business tax m ay be im posed by prescribing the following: (

i) for the assessm ent m ethod referred to in clause (b)(i), the percentage of the gross annual rental value; (ii) for the assessm ent m ethod referred to in clause (b)(ii), the dollar rate per unit of storage capacity; (iii) for the assessm ent m ethod referred to in clause (b)(iii), the dollar rate per unit of floor space; (iv) for the assessm ent m ethod referred to in clause (b)(iv), the percentage of the assessm ent; (

d) establish a procedure for pro-rating and rebating business taxes. 7 Explanatory Notes

Section 387 is amended by striking out “parcel of land” and substituting “property”. 21

Section 403 is amended by adding the following after subsection (2): (3 ) If, after a local improvement tax rate has been set, it is discovered that the actual cost of the local improvement is higher than the estimated cost on which the local improvement tax rate is based, the council may revise, once only over the life of the local improvement, the rate with respect to future years so that the local improvement tax bylaw will raise sufficient revenue to pay the actual cost of the local improvement. 22

Section 423(1) is amended by striking out “and” at the end of clause (e), adding “and” at the end of clause (

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

g) liens registered pursuant to

section 15 of the Rural Electrification Long Term Financing Act. 8

Section 387 presently reads: 387 The person liable to pay the tax im posed in accordance with a special tax bylaw is the owner of the parcel of land in respect of which the tax is im posed. 21

Section 403 presently reads: 4 03(1) If after a local im provem ent tax rate has been set, the council (

a) receives financial assistance from the Crown in right of Canada or Alberta or from other sources that is greater than the am ount estim ated when the local im provem ent tax rate was set, or (

b) refinances the debt created to pay for the local im provem ent at an interest rate lower than the rate estim ated when the local im provem ent tax rate was set, the council, with respect to future years, m ay revise the rate so that each benefitting parcel of land bears an appropriate share of the actual cost of the local im provem ent.

(2) If after a local im provem ent tax rate has been set, an alteration is necessary following a com plaint under

Part 11 or an appeal under

Part 12 that is sufficient to reduce or increase the revenue raised by the local im provem ent tax bylaw in any year by m ore than 5% , the council, with respect to future years, m ay revise the rate so that the local im provem ent tax bylaw will raise the revenue originally anticipated for those years. 22

Section 423(1) presently reads: 4 23(1) A person who purchases a parcel of land at a public auction acquires the land free of all encum brances, except (

a) encum brances arising from claim s of the Crown in right of Canada, (

b) irrigation or drainage debentures, (

c) registered easem ents and instrum ents registered pursuant to

section 72 of the Land Titles Act, (

d) right of entry orders as defined in the Surface Rights Act registered under the Land Titles Act, (

e) a notice of lien filed pursuant to

section 36 of the Rural U tilities Act, and 8 Explanatory Notes

Section 424(3) is amended by striking out “and” at the end of clause (e), adding “and” at the end of clause (

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

g) liens registered pursuant to

section 15 of the Rural Electrification Long Term Financing Act. 24

Section 428.2(4) is amended by striking out “and” at the end of clause (e), adding “and” at the end of clause (

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

g) liens registered pursuant to

section 15 of the Rural Electrification Long Term Financing Act. 25

Section 436.08(1) is amended by striking out “of the year”. 9

(

f) a notice of lien filed pursuant to

section 15 of the Rural Electrification Loan Act. 23

Section 424(3) presently reads:

(3) A m unicipality that becom es the owner of a parcel of land pursuant to subsection (1) acquires the land free of all encumbrances, except (

a) encum brances arising from claim s of the Crown in right of Canada, (

b) irrigation or drainage debentures, (

c) registered easem ents and instrum ents registered pursuant to

section 72 of the Land Titles Act, (

d) right of entry orders as defined in the Surface Rights Act registered under the Land Titles Act, (

e) a notice of lien filed pursuant to

section 36 of the Rural U tilities Act, and (

f) a notice of lien filed pursuant to

section 15 of the Rural Electrification Loan Act. 24

Section 428.2(4) presently reads: (4 ) A m unicipality that becom es the owner of a parcel of land pursuant to subsection (1) acquires the land free of all encum brances, except (

a) encum brances arising from claim s of the Crown in right of Canada, (

b) irrigation or drainage debentures, (

c) registered easem ents and instrum ents registered pursuant to

section 72 of the Land Titles Act, (

d) right of entry orders as defined in the Surface Rights Act registered under the Land Titles Act, (

e) a notice of lien filed pursuant to

section 36 of the Rural U tilities Act, and (

f) a notice of lien filed pursuant to

section 15 of the Rural Electrification Loan Act. 25

Section 436.08(1) presently reads in part: 4 36.08(1) Not later than August 1 of the year following preparation of the tax arrears list, the m unicipality m ust, in respect of each designated m anufactured hom e shown on the tax arrears list, send a written notice to 9 Explanatory Notes

Section 460 is amended (

a) in subsection (2) by adding “and must be accompanied by the fee set by the council under

section 481(1), if any” after “writing”; (

b) by adding the following after subsection (8):

(8.1) Despite subsection (8), where a local improvement tax rate has been revised under

section 403(3), a complaint may be made about the revised local improvement tax whether or not a complaint was made about the tax within the year after it was first imposed.

(8.2) A complaint under subsection (8.1) must be made within one year after the local improvement tax rate is revised. 27

Section 481 is amended (

a) in subsection (1) by striking out “The” and substituting “Subject to the regulations made pursuant to

section 484.1(f), the”; (

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

(3) If (

a) the assessment review board makes a decision that is not in favour of the complainant, and (

b) on appeal, the Municipal Government Board makes a decision in favour of the complainant, the fees paid by the complainant under subsection (1) must be refunded. 28

Section 484.1 is amended by adding the following after clause (e): (

f) setting maximum amounts for any fees that a council may set pursuant to

section 481(1). 10

Section 460 presently reads in part: 4 60(1) A person wishing to m ake a com plaint about any assessm ent or tax m ust do so in accordance with this section.

(2) A com plaint m ust be in writing.

(8) A com plaint about a local im provem ent tax m ust be m ade within one year after it is first im posed. 27

Section 481 presently reads: 4 81(1) The council m ay set fees payable by persons wishing to m ake com plaints or to be involved as a party or intervenor in a hearing before an assessm ent review board and for obtaining copies of an assessm ent review board’s decisions and other docum ents.

(2) If the assessm ent review board m akes a decision in favour of the com plainant, the fees paid by the com plainant under subsection (1) m ust be refunded. 28

Section 484.1 presently reads: 484.1 The M inister m ay m ake regulations (

a) respecting the conditions under which a council m ay appoint an assessm ent review board consisting of only one m em ber; (

b) respecting the procedures and functions of assessm ent review boards; (

c) respecting the jurisdiction of assessm ent review boards; 10 Explanatory Notes

29 The following is added before

section 528: A cting u n d e r statutory authority 527.2 Subject to this and any other enactment, a municipality is not liable for damage caused by any thing done or not done by the municipality under the authority of this or any other enactment. 30

Section 541 is repealed and the following is substituted: D efinitions 541 In this Division, (a) “emergency” includes a situation in which there is imminent danger to public safety or of serious harm to property; (b) “structure” means a structure as defined in

section 284. 31

Section 546 is amended by adding the following before subsection (1): O rder to rem edy dangers and unsightly property 546(0.1) In this section, (a) “detrimental to the surrounding area” includes causing the decline of the market value of property in the surrounding area; (b) “unsightly condition”, (

i) in respect of a structure, includes a structure whose exterior shows signs of significant physical deterioration, and (ii) in respect of land, includes land that shows signs of a serious disregard for general maintenance or upkeep. 32

Section 547(1) is repealed and the following is substituted: R eview by co u n cil 547(1) A person who receives a written order under

section 545 or 546 may by written notice request council to review the order within (a) 14 days of the date the order is received in the case of an order under

section 545, and 11

(

d) respecting the authority of assessm ent review boards to hear com plaints and the m anner in which the boards are to hear com plaints; (

e) respecting any other m atter relating to assessm ent review boards. 29 Protection from liability for municipalities acting under statutory authority. 30

Section 541 presently reads: 54 1 In this D ivision, “structure ” m eans a structure as defined in

section 284 . 31 Adds definition that establishes examples of property in an “unsightly condition” that is “detrimental to the surrounding area”. 32

Section 547(1) presently reads: 54 7(1) A person who receives a written order under

section 54 5 or 54 6 m ay request council to review the order by written notice within 14 days of the date the order is received, or such longer period as a bylaw specifies. 11 Explanatory Notes

(b) 7 days of the date the order is received in the case of an order under

section 546, or any longer period as specified by bylaw. 33

Section 548 is amended (

a) in subsection (1) by striking out “within 30 days of the date the decision is served on the person”; (

b) by adding the following after subsection (1):

(1.1) The appeal must be made, (

a) in the case of an appeal of an order under

section 545, within 30 days of the date the decision under

section 547 is served on the person affected by the decision, and (

b) in the case of an appeal of an order under

section 546, within 15 days of the date the decision under

section 547 is served on the person affected by the decision. 34

Section 553 is amended (

a) by repealing subsection (1)(

d) and (e); (

b) in subsection (2) by adding “under subsection (1)” after “to the tax roll of a parcel of land”. 12

Section 548(1) presently reads: 54 8(1) A person affected by the decision of a council under

section 54 7 m ay appeal to the Court of Q ueen’s Bench within 30 days of the date the decision is served on the person if (

a) the procedure required to be followed by this Act is not followed, or (

b) the decision is patently unreasonable. 34

Section 553(1)(

d) and (

e) and (2) presently read: 553(1) A council m ay add the following am ounts to the tax roll of a parcel of land: (

d) unpaid expenses and costs referred to in

section 550(3) relating to a dangerous structure, excavation or hole in respect of the parcel or unsightly property on the parcel that are owing by the owner of the parcel; (

e) unpaid expenses, costs and rem uneration referred to in

section 551(5) if the parcel’s owner caused the em ergency and the cause of the em ergency was located on all or a part of the parcel;

(2) Subject to

section 659, when an am ount is added to the tax roll of a parcel of land, the am ount (

a) is deem ed for all purposes to be a tax im posed under D ivision 2 of

Part 10 from the date it was added to the tax roll, and (

b) form s a special lien against the parcel of land in favour of the m unicipality from the date it was added to the tax roll. 12 Explanatory Notes

35 The following is added after

section 553: A d d in g am ounts ow ing to property tax roll 553.1(1) If a person described in any of the following clauses owes money to a municipality in any of the circumstances described in the following clauses, the municipality may add the amount owing to the tax roll of any property for which the person is the assessed person: (

a) a person who was a licensee under a licence of occupation granted by the municipality and who, under the licence, owes the municipality for the costs incurred by the municipality in restoring the land used under the licence; (

b) an agreement holder referred to in

section 27.4(1) who owes money to the municipality under

section 27.4(1); (

c) a person who owes money to the municipality under

section 550(3) or 551(5).

(2) Subject to

section 659, when an amount is added to the tax roll of property under subsection (1), the amount (

a) is deemed for all purposes to be a tax imposed under Division 2 of

Part 10 from the date it was added to the tax roll, and (

b) forms a special lien against the property in favour of the municipality from the date it was added to the tax roll. A dding am ounts ow ing to business tax roll 553.2(1) In this section, “business tax roll” means the portion of a municipality’s tax roll for taxable businesses.

(2) If a person described in any of the following clauses owes money to a municipality in any of the circumstances described in the following clauses, the municipality may add the amount owing to the business tax roll against any business operated by the person: (

a) a person who was a licensee under a licence of occupation granted by the municipality and who, under the licence, owes the municipality for the costs incurred by the municipality in restoring the land used under the licence; (

b) a person who owes money to the municipality under

section 550(3) or 551(5). 13

35 Allows for certain amounts owing to a municipality to be added to the municipality’s tax roll for property and businesses. 13 Explanatory Notes

(3) Subject to

section 659, when an amount is added to the business tax roll under subsection (2) against a business, the amount is deemed for all purposes to be a tax imposed under Division 3 of

Part 10 from the date it was added to the tax roll. 36

Section 557 is amended by adding the following after clause (a.5): (a.6)

section 436.24, 37

Section 566 is amended (

a) by renumbering it as

section 566(1); (

b) in subsection (1) by striking out “A person who” and substituting “Subject to subsection (2), a person who”; (

c) by adding the following after subsection (1):

(2) The minimum fine for a person who is found guilty of contravening or not complying with an order under

section 546 or 551 is $300. 38

Section 602.11(

b) is repealed and the following is substituted: 14

Section 557 presently reads: 557 A person who contravenes or does not com ply with (

a) a provision of this D ivision, (a.1) a provision of

Part 17 or the regulations under

Part 17, (a.2) a land use bylaw as defined in

Part 17, (a.3) an order under

section 64 5, (a.4 ) a developm ent perm it or subdivision approval or a condition of a perm it or approval under

Part 17, (a.5) a decision of a subdivision and developm ent appeal board or the M unicipal Governm ent Board under

Part 17, (

b) a direction or order of the M inister, (

c) an order under

section 54 5, 54 6, 551 or 567, or (

d) section 4 36.05, or who obstructs or hinders any person in the exercise or perform ance of his powers under

Part 17 or the regulations under

Part 17, is guilty of an offence. 37

Section 566 presently reads: 566 A person who is found guilty of an offence under this Act is liable to a fine of not m ore than $10 000 or to im prisonm ent for not m ore than one year, or to both fine and im prisonm ent. 38

Section 602.11 presently reads: 602.11 A com m ission m ay provide its services 14 Explanatory Notes

(

b) outside the boundaries of its members with the approval of the Minister and (

i) the municipal authority within whose boundaries the services are to be provided, and (ii) in the case of services to be provided in a part of a province adjoining Alberta, the authority from that province whose jurisdiction includes the provision of the services in that part of the province. 39 The following is added after

section 602.12: A cquisition of land in adjoining province 602.125(1) A commission may acquire an estate or interest in land in a province adjoining Alberta only if the local government within whose boundaries the land is located consents in writing to the acquisition.

(2) This

section does not apply when a commission acquires an option on land in a province adjoining Alberta, but it does apply when the commission exercises the option. 40

Section 616 is amended by adding the following after clause (m): (m.1) “mediation” means a process involving a neutral person as a mediator who assists the parties to a matter that may be appealed under this Part and any other person brought in with the agreement of the parties to reach their own mutually acceptable settlement of the matter by structuring negotiations, facilitating communication and identifying the issues and interests of the parties; 41

Section 619 is amended (

a) in subsection (5) by striking out “by filing a notice of appeal with the Board.” and substituting the following: by filing with the Board (

a) a notice of appeal, and (

b) a statutory declaration stating why mediation was unsuccessful or why the applicant believes that the municipality was unwilling to attempt to use mediation. 15

(

a) within the boundaries of its m em bers, and (

b) outside the boundaries of its m em bers with the approval of (

i) the M inister, and (ii) the m unicipal authority within whose boundaries the services are to be provided. 39 Condition for the acquisition of land in an adjoining province by a regional services commission. 40 Definition. 41

Section 619 presently reads in part:

(5) If a m unicipality does not approve an application under subsection (2) to am end a statutory plan or land use bylaw or the m unicipality does not com ply with subsection (3), the applicant m ay appeal to the M unicipal Governm ent Board by filing a notice of appeal with the Board.

(6) The M unicipal Governm ent Board, on receiving a notice of appeal under subsection (5), (

a) m ust com m ence a hearing within 60 days of receiving the notice of appeal and give a written decision within 30 days of concluding the hearing, and 15 Explanatory Notes

(

b) in subsection (6) by adding “and statutory declaration” after “notice of appeal” wherever it occurs. 42 The following is added after

section 651: R estrictive covenant 651.1(1) In this section, “restrictive covenant” means a condition or covenant under which land, or any specified portion thereof, is not to be built on, or is to be or not to be used in a particular manner, or any other condition or covenant running with or capable of being legally annexed to land.

(2) Despite the Land Titles Act or any other enactment, a municipality may register a caveat under the Land Titles Act in respect of any restrictive covenant granted by the registered owner of a parcel of land to the municipality for the benefit of land that is under the direction, control and management of the municipality whether or not the municipality has been issued a certificate of title to that land.

(3) A caveat registered pursuant to subsection (2) (

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

i) that is subject to the restrictive covenant, and (ii) that was issued to the person who granted the restrictive covenant, (

b) has the same force and effect as if it had been a condition or covenant registered under

section 52 of the Land Titles Act, (

c) may be discharged only by the municipality or an order of a court, and (

d) does not lapse pursuant to the provisions of the Land Titles Act governing the lapsing of caveats. E n cro a ch m e n t a g re e m e n ts 651.2(1) In this section, “encroachment agreement” means an agreement under which a municipality permits the encroachment onto a road that is under the direction, control and management of the municipality of improvements made on land that is adjoining that road.

(2) Despite the Land Titles Act or any other enactment, a municipality may register a caveat under the Land Titles Act in respect of any encroachment agreement entered into by the municipality with the registered owner of a parcel of 16

(

b) is not required to notify or hear from any person other than the applicant and the m unicipality against whom the appeal is launched. 42 Provides for restrictive covenants and encroachment agreements to be registered under the Land Titles Act. 16 Explanatory Notes

land that adjoins a road that is under the direction, control and management of the municipality.

(3) A caveat registered pursuant to subsection (2) (

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

i) that is adjoining the road, and (ii) that was issued to the person who entered into the encroachment agreement with the municipality, (

b) has the same force and effect as if it had been an encroachment agreement registered under

section 72.3 of the Land Titles Act, (

c) may be discharged only by the municipality or an order of a court, and (

d) does not lapse pursuant to the provisions of the Land Titles Act governing the lapsing of caveats. 43

Section 690 is amended (

a) in subsection (1) (

i) by adding “, if it is attempting or has attempted to use mediation to resolve the matter,” before “appeal the matter to the Municipal”; (ii) in clauses (

a) and (

b) by adding “and statutory declaration described in subsection (2)” after “of appeal”; (

b) in subsection (2) by striking out “the efforts it has made to resolve matters with the municipality that adopted it.” and substituting the following: provide a statutory declaration stating (

a) the reasons why mediation was not possible, (

b) that mediation was undertaken and the reasons why it was not successful, or (

c) that mediation is ongoing and that the appeal is being filed to preserve the right of appeal. 17

Section 690 presently reads: 690(1) If a m unicipality is of the opinion that a statutory plan or am endm ent or a land use bylaw or am endm ent adopted by an adjacent m unicipality has or m ay have a detrim ental effect on it and if it has given written notice of its concerns to the adjacent m unicipality prior to second reading of the bylaw, it m ay appeal the m atter to the M unicipal Governm ent Board by (

a) filing a notice of appeal with the Board, and (

b) giving a copy of the notice of appeal to the adjacent m unicipality within 30 days of the passing of the bylaw to adopt or am end a statutory plan or land use bylaw.

(2) W hen appealing a m atter to the M unicipal Governm ent Board, the m unicipality m ust state the reasons in the notice of appeal why a provision of the statutory plan or am endm ent or land use bylaw or am endm ent has a detrim ental effect and the efforts it has m ade to resolve m atters with the m unicipality that adopted it.

(3) A m unicipality, on receipt of a notice of appeal under subsection (1)(b), m ust, within 30 days, subm it to the M unicipal Governm ent Board and the m unicipality' that filed the notice of 17 Explanatory Notes

(

c) in subsection (3) (

i) by adding “and statutory declaration” before “under subsection (1)(b)”; (ii) by striking out “statement setting out the actions it has taken and the efforts it has made to resolve matters with that municipality.” and substituting “statutory declaration stating (

a) the reasons why mediation was not possible, or (

b) that mediation was undertaken and the reasons why it was not successful. (

d) in subsection (4) (

i) by striking out “under this section” and substituting “and statutory declaration under subsection (1)(a)”; (ii) by adding “and statutory declaration under subsection (1)(a)” before “until the date”; (

e) in subsection (5) by striking out “under this section” and substituting “and statutory declaration under subsection (1)(a)”. 44

Section 691(1) is amended by striking out “under

section 690” and substituting “and statutory declaration under

section 690(1)(a)”. 18

appeal a statem ent setting out the actions it has taken and the efforts it has m ade to resolve m atters with that m unicipality. (4 ) W hen the M unicipal Governm ent Board receives a notice of appeal under this section, the provision of the statutory plan or am endm ent or land use bylaw or am endm ent that is the subject of the appeal is deem ed to be of no effect and not to form part of the statutory plan or land use bylaw from the date the Board receives the notice of appeal until the date it m akes a decision under subsection (5).

(5) If the M unicipal Governm ent Board receives a notice of appeal under this section, it m ust decide whether the provision of the statutory plan or am endm ent or land use bylaw or am endm ent is detrim ental to the m unicipality that m ade the appeal and m ay (

a) dism iss the appeal if it decides that the provision is not detrim ental, or (

b) order the adjacent m unicipality to am end or repeal the provision if it is of the opinion that the provision is detrim ental.

(6) A provision with respect to which the M unicipal Governm ent Board has m ade a decision under subsection (5) is, (

a) if the Board has decided that the provision is to be am ended, deem ed to be of no effect and not to form part of the statutory plan or land use bylaw from the date of the decision until the date on which the plan or bylaw is am ended in accordance with the decision, and (

b) if the Board has decided that the provision is to be repealed, deem ed to be of no effect and not to form part of the statutory plan or land use bylaw from and after the date of the decision.

(7) Section 692 does not apply when a statutory plan or a land use bylaw is am ended or repealed according to a decision of the Board under this section.

(8) The M unicipal Governm ent Board’s decision under this

section is binding, subject to the rights of either m unicipality to appeal under

section 688. 44

Section 691(1) presently reads: 691(1) The M unicipal Governm ent Board, on receiving a notice of appeal under

section 690, m ust (

a) com m ence a hearing within 60 days of receiving the notice of appeal or a later tim e to which all parties agree, and (

b) give a written decision within 30 days of concluding the hearing. 18 Explanatory Notes

45 The following is added after

section 719: A greem ents under B o rd e r A re a s A ct 719.1 An agreement made by a municipality under

section 2 or 3 of the Border Areas Act that is in force immediately before the coming into force of this

section is continued as if it was made under this Act, subject to any provision of this Act that affects it. 46 The following is added after

section 739: R epeal 739.1 The Border Areas Act is repealed. 47(1)

Section 10(

b) is deemed to have come into force on December 31, 1998.

(2) Section 13 comes into force on December 31, 1999. 19

45 Transitional provision. 46 Repeal. 47 Coming into force. 19 Explanatory Notes

GOVERNMENT AMENDMENT: April 12, 1999 AMENDMENTS TO BILL 14 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1999 The Bill Is amended as follows: A

Section 29 is amended by striking out the proposed

section 527.2 and substituting the following: ictlng in ccordanca with statutory uthority 527.2 Subject to this and any other enactment, a municipality is not liable for damage caused by any thing done or not done by the municipality in accordance with the authority of this or any other enactment unless the cause of action is negligence or any other tort B

Section 47 is amended by adding the following after subsection (1):

(1.1) Section 10(

a) comes Into force on January 1, 2000.

::aveat Title: 1999 (24th, 3rd) Bill 14, Municipal Government Amendment Act, 1999 GOVERNMENT AMENDMENT NO. 2: April 21, 1999 AMENDMENTS TO BILL 14 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1999 The BIii Is amended as follows: A The followlng Is added after

section 31: 31.1 The following Is added after

section 546: 546.1(1) A municipality may register a caveat under the Land Titles Act in respect of an order made under

section S4S or 546 dealing with a dangerous structure, excavation or hole or unsightly property against the certificate of title for the land that is the subject of the order.

(2) If a municipality registers a caveat under subsection (1), the municipality ma::t discha.6e the caveat when the order has been complied with or when the municipality has performed the actions or measures referred to in the order.

Document details

Collection	Alberta — Bills
Citation	L24 S3 889
Type	bill
Volume / chapter	L24 S3 889
Language	en
Format	json
Source	PROVINCIAL
Identifier	dedc99e07e6fbe79990985a8c205502899826d5a

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