Bill 32 — Third Session, 23Rd Legislature, 44 Elizabeth Ii the Legislative Assembly of Alberta Bill 32 Municipal Government Amendment Act, 1995 (Legislature 23, Session 3)

L23 S3 2096

Alberta — Bills

1995 BILL 32 Third Session, 23rd Legislature, 44 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 32 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1995 MR. MAGNUS First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1995 (23rd, 3rd) Bill 32, Municipal Government Amendment Act, 1995

Bill 32 Mr. Magnus BILL 32 1995 MUNICIPAL GOVERNMENT AMENDMENT ACT, 1995 (Assented to , 1995) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 1994 cM-26.1 1 The Municipal Government Act is amended by this Act. 2

Section 1(1) is amended (

a) by repealing clause (e)(ii); (

b) in clause (m) (

i) by repealing subclause (iii); (ii) in subclause (

v) by striking out “under the Regional Municipal Services Act”; (

c) by repealing clause (

n) and substituting the following: (n) “market value” means the amount that a property, as defined in

section 284(r), might be expected to realize if it is sold on the open market by a willing seller to a willing buyer; (

d) by repealing clause (s)(ii); (

e) by adding the following after clause (y): (y.1) “regional services commission” means a regional services commission under

Part 15.1; 3

Section 2(2)(

a) is repealed. 1

Explanatory Notes 1 Amends

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

Section 1(1)(e)(ii), (m)(iii) and (v), (

n) and (s)(ii) presently read: 1(1) In this Act, (e) ‘‘council’’ means (ii) the council of a county under the County Act, (m) “local authority’’ means (iii) a regional planning commission established under the Planning Act and, if there is no regional planning commission for an area, the Deputy Minister, (

v) a regional services commission under the Regional Municipal Services Act, and (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; (s) “municipality” means (ii) a county under the County Act, 3

Section 2(2) presently reads:

(2) If there is an inconsistency between this Act and 1 Explanatory Notes

Section 14(2) is amended in clauses (

b) and (

e) by striking out “the Planning Act" and substituting “Part 17”. 5

Section 19 is repealed. 6

Section 45(4) is amended by striking out “established under the Regional Municipal Services Act". 7

Section 52(4)(

b) is repealed and the following is substituted: (

b) a person who is liable to pay the business revitalization zone tax imposed in the business revitalization zone. 8

Section 59(1) is amended by striking out “district, specialized municipality or county” and substituting “district or specialized municipality”. 2

(

a) the County Act, (

b) the Parks Towns Act, or (

c) a special Act forming a municipality, the other Act prevails. 4

Section 14(2) presently reads:

(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. 5

Section 19 presently reads: 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. 6

Section 45(4) presently reads: (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. 7

Section 52(4) presently reads:

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

a) the municipality, or (

b) an elector or taxpayer of the municipality. 8

Section 59(1) presently reads: 59(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 Explanatory Notes

Section 70(2) is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

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

c) to be used by a non-profit organization as defined in

section 241(f). 10

Section 74 is amended by striking out “county or” wherever it occurs. 11

Section 77(

b) is repealed. 12

Section 79 is repealed. 13

Section 85(1)(

b) is repealed and the following is substituted: 3

9 Sections 70(2) and 241(

f) presently read: 70(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. 241 In this Part, (f) “non-profit organization” means (

i) a society, credit union or co-operative established under a law of Canada or Alberta, (ii) a corporation that is prohibited from paying dividends to its members and distributing the assets to its members on a winding-up, or (iii) any other entity established under a law of Canada or Alberta for a purpose other than to make a profit. 10

Section 74 presently reads: 74 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. 11

Section 77(

b) presently reads: 77 The following types of municipality may be formed under this Part: (

b) summer village; 12

Section 79 presently reads: 79 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 (

c) there is a population of less than 300. 13

Section 85(1)(

b) presently reads: 3 Explanatory Notes

(

b) the Minister receives 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. 14

Section 89 is amended (

a) in subsection (1)(

b) by striking out “summer village,”; (

b) by adding the following after subsection (4):

(5) If a municipality is formed from an improvement district, the order may dissolve the improvement district. 15 The following is added after

section 89: Summer village 89.1 The fact that a summer village may not be formed under this Act does not affect any existing summer village, and this Act continues to apply to summer villages. 16 The following is added after

section 91: Summer village 91.1 The status of a municipality may not be changed to the status of a summer village. 17 The following is added after

section 97: Education function for specialized municipalities 97.1(1) In this section, “municipality” means the Town of Devon or a municipal district that was formerly a county.

(2) If as a result of a plebiscite the Minister of Education is required to take the area of a municipality out of a regional division under

section 208.6 of the School Act, the Lieutenant Governor in Council may, on the recommendation of the Minister of Municipal Affairs and the Minister of Education, by order change the municipality to a specialized municipality, and the order may (

a) designate the land within the boundaries of the specialized municipality as a school division; 4

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

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. 14

Section 89(1)(

b) presently reads: 89(1) A formation order must (

b) give the municipality the status of municipal district, summer village, village, town, city or specialized municipality, and 15 Existing summer villages continue to be subject to this Act. 16 Municipalities may not be changed into summer villages. 17

Section 97.1 allows a specialized municipality that was formerly the Town of Devon or a county to exercise education functions.

Section 97.2 sets out the effect when a municipality changes its status, eg. a town to a city. 4 Explanatory Notes

(

b) establish a board of trustees for that division and provide that some or all of the trustees must be councillors of the specialized municipality; (

c) provide for the powers and duties of the board of trustees; (

d) specify the provisions of the School Act that apply to the school division with or without modification and specify provisions that are to be added to or to replace the provisions of the School Act.

(3) Sections 92 to 95 do not apply to an order changing the status of a municipality under this section. Effect of change of status 97.2(1) When the status of a municipality is changed, (

a) each councillor of the old municipality continues as a councillor of the new municipality until a successor is sworn into office; (

b) each officer and employee of the old municipality continues as an officer or employee of the new municipality with the same rights and duties until the council of the new municipality otherwise directs; (

c) all bylaws and resolutions of the old municipality that the new municipality has the authority to pass are continued as the bylaws and resolutions of the new municipality; (

d) all taxes due to the old municipality are deemed to be arrears of taxes due to the new municipality and may be collected and dealt with by the new municipality as if it had imposed the taxes; (

e) all rights of action and actions by or against the old municipality may be continued or maintained by or against the new municipality; (

f) all property vested in the old municipality becomes vested in the new municipality and may be dealt with by the new municipality in its own name subject to any trusts or other conditions applicable to the property; (

g) all other assets, liabilities, rights, duties, functions and obligations of the old municipality become vested in the new municipality, and the new municipality may deal with them in its own name. 5

5 Explanatory Notes

(2) Subsection (1) is subject to the order changing the status of the municipality. 18 The following is added after

section 127: Public utilities127.1(1) In this section, “utility agreement” means an agreement approved by the Public Utilities Board in which a municipality grants a right to a person to provide a public utility in all or part of the municipality.

(2) An annexation of land does not affect any right under a utility agreement to provide a public utility on the annexed land unless the annexation order provides otherwise.

(3) This

section does not apply to a right to provide a natural gas service if the right is subject to

section 22 of the Rural Gas Act. 19

Section 133(2) is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (

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

c) may appoint a liquidator and specify the liquidator’s powers, duties and functions. 20

Section 135(1)(

c) is amended by striking out “the Planning Act” and substituting “a former Act as defined in

Part 17”. 21

Section 154 is amended by adding the following after subsection (2): 6

18 Effect of annexation on public utilities. 19

Section 133(2) presently reads:

(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. 20

Section 135(1)(

c) presently reads: 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, (

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 21

Section 154 presently reads: 154(1) A chief elected official, in addition to performing the duties of a councillor, must 6 Explanatory Notes

(3) Notwithstanding subsection (2), the chief elected official may be a member of a board, commission, subdivision authority or development authority established under

Part 17 only if the chief elected official is appointed in his personal name. 22

Section 170 is amended (

a) in subsection (3)(

g) by striking out “credit union, a co-operative association or a non-profit organization formed under an enactment” and substituting “non-profit organization as defined in

section 241(f)”; (

b) in subsection (4) by striking out “a credit union, co-operative association, organization” and substituting “an organization, club”. 23

Section 197 is amended (

a) in subsection (1) by striking out “subsection (2)” and substituting “subsection (2) or (2.1)”; (

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

(2.1) A municipal planning commission, subdivision authority, development authority or subdivision and development appeal board established under

Part 17 may deliberate and make its decisions in meetings closed to the public. 24

Section 206 is amended (

a) in subsection (5) by adding “without cause” after “revoked”; (

b) by adding the following after subsection (5):

(6) A chief administrative officer whose appointment is revoked with cause is, subject to any written agreement between council and the officer, not entitled to reasonable notice or to compensation instead of reasonable notice. 25

Section 211 is repealed and the following is substituted: 7

(

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. 22

Section 170(3)(

g) and (4) presently read:

(3) A councillor does not have a pecuniary interest by reason only of any interest (

g) that the councillor or a member of the councillor's family may have by being a member or director of a credit union, a co-operative association or a non-profit organization formed under an enactment or a service club, (4) Subsection (3)(

g) and (

h) do not apply to a councillor who is an employee of a credit union, co-operative association, organization or service referred to in those clauses. 23

Section 197 presently reads: 197(1) Councils and council committees must conduct their meetings in public unless subsection (2) applies.

(2) Council and council committees may conduct all or part of their meetings closed to the public if a matter to be discussed is within one of the categories of information referred to in

section 217(2).

(3) When a meeting is closed to the public, no resolution or bylaw may be passed at the meeting, except a resolution to revert to a meeting held in public. 24

Section 206(5) presently reads:

(5) A chief administrative officer whose appointment is revoked is, subject to any written agreement between council and the officer, entitled to reasonable notice or to compensation instead of reasonable notice. 25

Section 211 presently reads: 7 Explanatory Notes

Revocation211(1) A municipality may revoke with or without cause the appointment of a person to the position of a designated officer.

(2) A designated officer whose appointment is revoked without cause is, subject to any written agreement between the municipality and the officer, entitled to reasonable notice or to compensation instead of reasonable notice.

(3) A designated officer whose appointment is revoked with cause is, subject to any written agreement between the municipality and the officer, not entitled to reasonable notice or to compensation instead of reasonable notice. 26

Section 226(2) is repealed. 27

Section 229 is amended by striking out “30 days after council receives the petition” and substituting “30 days after the chief administrative officer declares the petition to be sufficient”. 28

Section 231 is amended (

a) in subsection (1) by adding “except a bylaw or resolution under

Part 17,” after “has been advertised,”; (

b) in subsection (5)(

b) by striking out “bylaw receives first reading or the date that the resolution was moved” and substituting “chief administrative officer declares the petition to be sufficient”. 29

Section 232(2) is amended by striking out “9 or 10" and substituting “9, 10 or 17”. 30

Section 233 is amended 8

211(1) A council may, without cause, revoke the appointment of a designated officer.

(2) An officer whose appointment is revoked is, subject to any written agreement between council and the officer, entitled to reasonable notice or to compensation instead of reasonable notice. 26

Section 226(2) presently reads:

(2) A petition is deemed to be received by the council or the Minister on the day the chief administrative officer declares whether the petition is sufficient. 27

Section 229 presently reads: 229 If a council receives a sufficient petition requesting that council call a meeting with the public, the council must call a meeting with the public to discuss the matters stated in the petition and the meeting must be held no later than 30 days after council receives the petition. 28

Section 231(1) and (5) presently read: 231(1) After a proposed bylaw or resolution that is required to be advertised under this or another enactment has been advertised, the electors may submit a petition for a vote of the electors to determine whether the proposed bylaw or resolution should be passed.

(3) If a sufficient petition is received under this section, the council must either (

a) decide not to proceed with the proposed bylaw or resolution, or (

b) decide to proceed with the proposed bylaw or resolution and submit the bylaw or resolution to a vote of the electors within 90 days after the bylaw receives first reading or the date that the resolution was moved. 29

Section 232(2) presently reads:

(2) A petition requesting an amendment or repeal of a bylaw or resolution made under

Part 8, 9 or 10 has no effect. 30

Section 233 presently reads in part: 8 Explanatory Notes

(

a) in subsection (3) by striking out “receiving a sufficient petition under

section 232 ” and substituting “the chief administrative officer’s declaring a petition submitted under

section 232 to be sufficient”; (

b) in subsection (6)(

b) by striking out “bylaw receives first reading” and substituting “relevant time period set out in

section 231(3) or (4)”; (

c) in subsection (7)(

b) by striking out “bylaw receives first reading” and substituting “chief administrative officer declares the petition to be sufficient”. 31

Section 234(3) is amended by striking out “within 30 days of receiving the petition” and substituting “within 30 days of the chief administrative officer’s declaring the petition to be sufficient”. 32

Section 238(1) is amended by striking out “If council receives a petition for a vote of the electors” and substituting “If a petition for a vote of the electors is filed with the chief administrative officer”. 33

Section 244(1) is amended (

a) by adding “and transfers” after “revenues”; (

b) by adding “and transfers” after “expenditures”. 34

Section 277(2) is repealed and the following is substituted:

(2) The Minister may establish requirements respecting the financial information return, including requirements 9

(3) Within 30 days of receiving a sufficient petition under

section 232, the council must give first reading to a bylaw dealing with the subject-matter of the petition and any other related matters the council considers necessary.

(6) If the bylaw is advertised and a sufficient petition is not received under

section 231, the council must (

a) pass the bylaw within 30 days after the relevant time period set out in

section 231(3) or (4), or (

b) fix a date that is within 90 days after the bylaw receives first reading for a vote of the electors on the bylaw.

(7) If the bylaw is advertised and a sufficient petition is received under

section 231, the council must either (

a) decide not to proceed with the proposed bylaw, or (

b) decide to proceed with the proposed bylaw and submit the bylaw to a vote of the electors within 90 days after the bylaw receives first reading. 31

Section 234(3) presently reads:

(3) If a council receives a sufficient petition under

section 232 requesting an amendment or repeal of a public vote bylaw and only one to 3 years have passed from the date that the public vote bylaw was passed, the council must, within 30 days of receiving the petition, (

a) give first reading to a bylaw dealing with the subject-matter of the petition and any other related matters the council considers necessary, and (

b) fix a date that is within 90 days after the bylaw receives first reading for a vote of the electors on the bylaw. 32

Section 238(1) presently reads: 238(1) If council receives a petition for a vote of the electors within 12 months before a general election and a vote of electors is to be conducted because of the petition, the council may direct that the vote be conducted at the general election. 33

Section 244(1) presently reads: 244(1) If the total revenues of a municipality over a 3-year period are less than the total expenditures of the municipality for the same period, the operating budget for the municipality for the year following the 3-year period must include an expenditure to cover the deficiency. 34

Section 277(2) presently reads:

(2) The Minister may make regulations 9 Explanatory Notes

respecting the accounting principles and standards to be used in preparing the return. 35

Section 284(k)(ii) is amended by striking out “whose rates are regulated by” and substituting “that are subject to the regulatory authority of”. 36

Section 286 is amended by adding the following after subsection (4):

(5) This

section expires on December 31, 1997. 37

Section 290(4) is repealed. 10

(

a) prescribing the content of the financial information return, and (

b) prescribing the accounting principles and standards to be used in preparing the financial information return. 35

Section 284(k)(ii) presently reads: 284 In this Part and Parts 10, 11 and 12, (k) “linear property” means (ii) telecommunications systems, including (

A) cables, amplifiers, antennae and drop lines, and (

B) structures, installations, materials, devices, fittings, apparatus, appliances and machinery and equipment, intended for or used in the communication systems of cable distribution undertakings and telecommunication carriers that are owned or operated by a company as defined in

Part 3 of the Telecommunications Act or whose rates are regulated by the Canadian Radio-television and Telecommunications Commission or any successor of the Commission, but not including (

C) cables, structures, amplifiers, antennae or drop lines installed in and owned by the owner of a building to which telecommunications services are being supplied, or (

D) land or buildings, 36

Section 286 presently reads: 286(1) Instead of preparing assessments, a council may pass a bylaw authorizing the assessor to adopt assessments prepared in the previous year for any property in the municipality.

(2) A bylaw referred to in subsection (1) must be passed on or before December 31 of the year preceding the year in which the council wishes to adopt assessments.

(3) Unless subsection (4) applies, a council must not adopt assessments in 2 consecutive years.

(4) If, in the opinion of the Minister, extraordinary circumstances exist, the Minister may permit a council to adopt assessments in more than one year. 37

Section 290(4) presently reads: 10 Explanatory Notes

38 The following is added after

section 290: Assessment of condominium unit 290.1(1) Each unit and the share in the common property that is assigned to the unit must be assessed (

a) in the case of a bare land condominium, as if it is a parcel of land, or (

b) in any other case, as if it is a parcel of land and the improvements to it.

(2) In this section, “unit” and “share in the common property” have the meanings given to them in the Condominium Property Act. Assessment of strata space 290.2 Each strata space as defined in

section 87 of the Land Titles Act must be assessed as if it is a parcel of land and the improvements to it. 39

Section 297 is amended by adding the following after subsection (3):

(4) In this section, (a) “farm land” means land used for farming operations as defined in the regulations; (b) “non-residential”, in respect of property, means linear property or other property on which industry, commerce or another use takes place or is permitted to take place under a land use bylaw passed by a council, but does not include farm land or land that is used or intended to be used for permanent living accommodation; (c) “residential”, in respect of property, means property that is not classed by the assessor as farm land or non-residential. 40

Section 298 is amended 11

(4) Each unit as defined in the Condominium Property Act and the share in the common property as defined in that Act that is assigned to the unit must be assessed as if it is a parcel of land. 38 Assessment of condominiums and strata spaces. 39

Section 297 presently reads: 297(1) After an assessment of property is prepared or adopted, the assessor must assign one or more of the following assessment classes to the property: (

a) class 1 - residential; (

b) class 2 - non-residential; (

c) class 3 -farm land.

(2) A council may by bylaw (

a) divide class 1 into sub-classes on any basis it considers appropriate, and (

b) divide class 2 into the following sub-classes: (

i) vacant non-residential; (ii) improved non-residential, and if the council does so, the assessor may assign one or more sub-classes to a property.

(3) If more than one assessment class or sub-class is assigned to a property, the assessor must provide a breakdown of the assessment, showing each assessment class or sub-class assigned and the portion of the assessment attributable to each assessment class or sub-class. 40

Section 298(a), (b), (j), (k), (

l) and (

r) presently read: 11 Explanatory Notes

(

a) in clauses (

a) and (

b) by adding “in right of Alberta or Canada” after “Crown” wherever it occurs; (

b) in clauses (

a) and (

b) by striking out “regional municipal services commission” and substituting “regional services commission”; (

c) by adding the following after clause (b): (b.1) a water supply and distribution system, including metering facilities, that is owned or operated by an individual or a corporation and used primarily to provide a domestic water supply service; (

d) in clauses (j), (

k) and (

l) by adding “in right of Alberta or Canada” after “held by the Crown” wherever it occurs; (

e) in clause (

j) by striking out “county,”; (

f) in clause (r)(

i) by striking out “and” and substituting “or”. 41

Section 304 is amended (

a) in subsection (1)(

c) by adding “in right of Alberta or Canada” after “Crown”; (

b) in subsection (1)(

j) by striking out clause (

j) in column 2 and substituting the following: (

j) the owner of (

i) the mobile unit, or 12

298 No assessment is to be prepared for the following property: (

a) a facility, works or system for (

i) the collection, treatment, conveyance or disposal of sanitary sewage, and (ii) storm sewer drainage, that is owned by the Crown, a municipality or a regional municipal services commission; (

b) a facility, works or system for the storage, conveyance, treatment, distribution or supply of water that is owned by the Crown, a municipality or a regional municipal services commission; (

j) property held by the Crown in a municipal district, county, improvement district, special area or specialized municipality that (

i) is not used or actively occupied by the Crown, or (ii) is not occupied under an interest or right granted by the Crown; (

k) any provincial park, roadside camp or picnic ground held by the Crown, but not including any residence or the land attributable to the residence; (

l) property held by the Crown and forming part of an undertaking in respect of the conservation, reclamation, rehabilitation or reforestation of land, but not including any residence or the land attributable to the residence; (

r) linear property forming part of a rural gas distribution system where that gas distribution system is (

i) owned by a municipality or a rural gas co-operative association organized under the Rural Utilities Act, and (ii) subject to a franchise area approval under the Rural Gas Act; 41

Section 304 presently reads in part: 304(1) The name of the person described in column 2 must be recorded on the assessment roll as the assessed person in respect of the assessed property described in column 1. Column 1 (

c) a parcel of land and the improvements to it held under a lease, licence or permit from the Crown or a municipality; Column 2 (

c) the holder of the lease, licence or permit or the person who occupies the land with the consent of that holder; 12 Explanatory Notes

(ii) the mobile home park if the municipality passes a bylaw to that effect. (

c) in subsection (1) by adding the following after clause (j): (

k) a mobile unit located on a parcel of land that is not owned by the owner of the mobile unit together with any other improvements located on the site that are owned or occupied by the person occupying the mobile unit. (

k) the owner of the mobile unit if the municipality passes a bylaw to that effect. (

d) by adding the following after subsection (3):

(4) Despite subsection (1)(c), no individual who occupies housing accommodation under a lease, licence or permit from a management body under the Alberta Housing Act is to be recorded as an assessed person if the sole purpose of the lease, licence or permit is to provide housing accommodation for that individual. 42

Section 308 is amended (

a) in subsection (2) by striking out “and” at the end of clause (a), adding “and” at the end of clause (

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

c) send the municipality copies of the assessment notices. (

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

(2.1) The municipality must record on the assessment roll the information in the assessment notices sent to it under subsection (2)(c). 43

Section 317(

d) is amended by adding “except any property made taxable under

section 363(1)(d),” after “Part 10,”. 13

(

j) a mobile unit located on a site in a mobile home park and any other improvements located on the site and owned or occupied by the person occupying the mobile unit. (

j) the owner of the mobile unit. 42

Section 308(2) presently reads:

(2) The assessor designated by the Minister must annually (

a) prepare assessment notices for all assessed linear property, and (

b) send the assessment notices to the assessed persons. 43

Section 317 presently reads: 317 In this Division, “equalized assessment” means an assessment that is prepared by the Minister in accordance with this Division for an entire municipality and reflects (

d) assessments of property in the municipality made taxable or exempt as a result of a council passing a bylaw under

Part 10, and 13 Explanatory Notes

44 The following is added after

section 317: Supplemen tary assessments 317.1 Despite

section 317, supplementary assessments prepared under a supplementary assessment bylaw under

section 313 must not be included in the equalized assessment for a municipality. 45

Section 326 is amended (

a) by repealing clause (a)(i); (

b) by repealing clause (a)(ii) and (iii) and substituting the following: (ii) any part of the amount required to be paid into the Alberta School Foundation Fund under

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

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

Part 6, Division 3 of the School Act, (

c) by repealing clause (

b) and substituting the following: (b) “student dormitory” means a housing unit (

i) that is used in connection with a purpose referred to in

section 362(c), (

d) or (

e) or with a college incorporated under a private Act of the Legislature, and (ii) the residents of which are students of a facility used in connection with a purpose referred to in

section 362(c), (

d) or (

e) or with a college incorporated under a private Act of the Legislature, but does not include a single family residence and the land attributable to that residence; 46

Section 334 is amended by adding the following after subsection (2):

(3) Despite subsection (2), a tax notice must show, separately from all other tax rates shown on the notice, the tax rates set by the property tax bylaw to raise the revenue to pay the requisitions referred to in

section 326(a)(ii). 14

44 Supplementary assessments are not to be included in an equalized assessment for a municipality. 45

Section 326 presently reads in part: 326 In this Part, (a) “requisition” means (

i) the amount required to be paid into the Alberta Planning Fund under

section 10 of the Planning Act, (ii) the amount required to be paid into the Alberta School Foundation Fund under

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

section 150 of the School Act, (b) “student dormitory” means a housing unit (

i) that is used in connection with a purpose referred to in

section 362(c), (

d) or (e), and (ii) in which the residents are students of a facility used in connection with a purpose referred to in

section 362(c), (

d) or (e); 46

Section 334(2) presently reads:

(2) A tax notice may show (

a) one tax rate that combines all of the tax rates set by the property tax bylaw, or (

b) each of the tax rates set by the property tax bylaw. 14 Explanatory Notes

Section 355 is amended by striking out “into” and substituting “by”. 48

Section 357 is renumbered as

section 357(1) and the following is added after subsection (1):

(2) If the property tax bylaw specifies a minimum amount payable as property tax, the tax notice must indicate the tax rates set by the property tax bylaw that raise the revenue required to pay the requisition referred to in

section 326(a)(ii). 49

Section 359(2) is repealed and the following is substituted:

(2) In calculating the tax rate required to raise sufficient revenue to pay the requisitions, a municipality may include an allowance for non-collection of taxes at a rate not exceeding the actual rate of taxes uncollected from the previous year’s tax levy as determined at the end of that year. 50 The following is added after

section 359: Alberta School Foundation Fund requisitions 359.1(1) In this section, “Alberta School Foundation Fund requisition” means a requisition referred to in

section 326(a)(ii).

(2) In 1995 and subsequent years, when an Alberta School Foundation Fund requisition applies only to (

a) one of the assessment classes referred to in

section 297, (

b) a combination of the assessment classes referred to in

section 297, or (

c) linear property, the revenue needed to pay it must be raised by imposing a tax under this Division only in respect of (

d) property to which that one assessment class has been assigned, (

e) property to which any assessment class in that combination has been assigned, or 15

Section 355 presently reads: 355 A tax rate is calculated by dividing the amount of revenue required into the total assessment of all property on which that tax rate is to be imposed. 48

Section 357 presently reads: 357 Despite anything in this Division, the property tax bylaw (

a) may specify a minimum amount payable as property tax, and (

b) may require taxes imposed in respect of mobile units located in mobile home parks to be paid by instalments, without the consent of the taxpayers. 49

Section 359(2) presently reads:

(2) In calculating the tax rate required to raise sufficient revenue to pay the requisitions, a municipality may include an allowance for (

a) the costs associated with collecting the tax, and (

b) non-payment of the tax. 50 Alberta School Foundation Fund and school board requisitions. 15 Explanatory Notes

(

f) linear property, as the case may be.

(3) Despite subsection (2), if a council has passed bylaws under sections 364(1.1) and 371, the council may apply an appropriate amount received under the business tax to the payment of the Alberta School Foundation Fund requisition on the non-residential assessment class referred to in

section 297 to offset the increase in the tax rate applicable to that class that would otherwise result.

(4) The tax rate required to raise the revenue needed to pay the Alberta School Foundation Fund requisition (

a) must be the same within the assessment class to which the requisition applies if it applies to only one class, (

b) must be the same for all assessment classes if the requisition applies to a combination of assessment classes, and (

c) must be the same for all linear property.

(5) Despite subsection (4), at the request of a municipality, the Minister may allow the municipality to vary the tax rates required to raise revenue needed to pay the Alberta School Foundation Fund requisitions. (6) Subsection (5) expires on January 1, 1999.

(7) In calculating the tax rate required to raise sufficient revenue to pay an Alberta School Foundation Fund requisition, a municipality (

a) must not include the allowances referred to in

section 359(2), (

b) may impose a separate tax to raise the revenue to pay for the allowances referred to in

section 359(2), and (

c) may include the amounts referred to in

section 359(3).

(8) Section 354 does not apply to tax rates required to raise revenue needed to pay an Alberta School Foundation Fund requisition. 16

16 Explanatory Notes

School board requisitions359.2(1) In this section, “school board requisition” means a requisition referred to in

section 326(a)(iii).

(2) In 1995 and subsequent years, when a school board requisition applies only to (

a) one of the assessment classes referred to in

section 297, (

b) a combination of the assessment classes referred to in

section 297, or (

c) linear property, the revenue needed to pay it must be raised by imposing a tax under this Division only in respect of (

d) property to which that one assessment class has been assigned, (

e) property to which any assessment class in that combination has been assigned, or (

f) linear property, as the case may be.

(3) Despite subsection (2), if a council has passed bylaws under sections 364(1.1) and 371, the council may apply an appropriate amount received under the business tax to the payment of the school board requisition on the non-residential assessment class referred to in

section 297 to offset the increase in the tax rate applicable to that class that would otherwise result.

(4) The tax rate required to raise the revenue needed to pay the school board requisitions (

a) must be the same within the assessment class to which the requisition applies if it applies to only one class, (

b) must be the same for all assessment classes if the requisition applies to a combination of assessment Classes, and (

c) must be the same for all linear property.

(5) Despite subsection (4), at the request of a municipality, the Minister may allow the municipality to vary the tax rates 17

17 Explanatory Notes

required to raise revenue needed to pay the school board requisitions. (6) Subsection (5) expires on January 1, 1999.

(7) In calculating the tax rate required to raise sufficient revenue to pay a school board requisition, a municipality (

a) may include the allowances referred to in

section 359(2), and (

b) may include the amounts referred to in

section 359(3).

(8) Section 354 does not apply to tax rates required to raise revenue needed to pay school board requisitions. 51

Section 362 is amended (

a) in clause (

a) by adding “in right of Alberta or Canada” after “Crown”; (

b) in clause (

f) by striking out “established under the Regional Municipal Services Act”; (

c) in clause (

i) by adding “and used in connection with” after “property held by”; (

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

l) property consisting of any of the following: (

i) a parcel of land, to a maximum of 10 hectares, that is used as a cemetery as defined in the Cemeteries Act; (ii) any additional land that has been conveyed by the owner of the cemetery to individuals to be used as burial sites; (iii) any improvement on land described in subclause (

i) or (ii) that is used for burial purposes; (

m) property held by (

i) a foundation constituted under the Senior Citizens Housing Act before July 1, 1994, or (ii) a management body established under the Alberta Housing Act, 18

Section 362 statutorily exempts several properties from property tax. Five additional types of property are added to the list of exemptions.

Section 362(a), (

f) and (

i) presently read: 362 The following are exempt from taxation under this Division: (

a) any interest held by the Crown in property; (

f) property held by a regional services commission established under the Regional Municipal Services Act; (

i) property held by a society as defined in the Agricultural Societies Act; 18 Explanatory Notes

and used to provide senior citizens with lodge accommodation as defined in the Alberta Housing Act; (

n) property that is (

i) owned by a municipality and held by a non-profit organization in an official capacity on behalf of the municipality, (ii) held by a non-profit organization and used solely for community games, sports, athletics or recreation for the benefit of the general public, (iii) used for a charitable or benevolent purpose that is for the benefit of the general public, and owned by (

A) the Crown in right of Alberta or Canada, a municipality or any other body that is exempt from taxation under this Division and held by a non-profit organization, or (

B) by a non-profit organization, or (iv) held by a non-profit organization and used to provide senior citizens with lodge accommodation as defined in the Alberta Housing Act, and that meets the qualifications in the regulations; (

o) property (

i) owned by a municipality and used solely for the operation of an airport by the municipality, or (ii) held under a lease, licence or permit from a municipality and used solely for the operation of an airport by the lessee, licensee or permittee; (

p) a municipal seed cleaning plant constructed under an agreement authorized by

section 11 of the Agricultural Service Board Act, to the extent of 2/3 of the assessment prepared under

Part 9 for the plant, but not including the land attributable to the plant. 19

19 Explanatory Notes

Section 363 is amended (

a) in subsection (1)(

a) by adding “under a lease, licence or permit from the Crown in right of Alberta or Canada” after “(Canada)”; (

b) in subsection (2) by striking out “subsection (1)” and substituting “subsection (1)(a), (

b) or (c)”; (

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

(2.1) A council may by bylaw make any property referred to in subsection (1)(

d) subject to taxation to any extent the council considers appropriate other than for the purpose of raising revenue needed to pay the requisitions referred to in

section 326(a). 53

Section 364 is amended (

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

(1.1) A council may by bylaw exempt from taxation under this Division machinery and equipment used for manufacturing or processing. (

b) in subsection (2) by striking out “subsection (1)” and substituting “this section”. 54

Section 365 is renumbered as

section 365(1) and the following is added after subsection (1):

(2) Despite subsection (1), property listed in

section 362(n)(ii) and (iii) in respect of which a Class C licence is issued under regulations under the Liquor Control Act is exempt from taxation under this Division. 55

Section 369 is amended by adding the following after subsection (2): 20

Section 363 presently reads: 363(1) The following are exempt from taxation under this Division: (

a) property held by and used in connection with Ducks Unlimited (Canada); (

b) property held by and used in connection with the Canadian Youth Hostel Association, unless the property is operated for profit or gain; (

c) property held by and used in connection with a branch or local unit of the Royal Canadian Legion, the Army, Navy and Air Force Veterans in Canada or other organization of former members of any armed forces; (

d) student dormitories.

(2) A council may by bylaw make any property listed in subsection (1) subject to taxation under this Division to any extent the council considers appropriate.

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

(4) A bylaw under subsection (2) has no effect until the expiration of one year after it is passed. 53

Section 364 presently reads: 364(1) A council may by bylaw exempt from taxation under this Division property held by a non-profit organization.

(2) Property is exempt under subsection (1) to any extent the council considers appropriate. 54

Section 365 presently reads: 365 Property that is licensed under the Liquor Control Act is not exempt from taxation under this Division, despite sections 361 to 364. 55

Section 369(2) presently reads: 20 Explanatory Notes

(2.1) Despite subsection (2), the tax rates required to raise the revenue to pay requisitions referred to in sections 181.3 and 181.5 of the School Act must not be applied as supplementary tax rates. 56

Section 370 is amended by adding the following after clause (b): (

c) respecting the qualifications required for the purposes of

section 362(n). 57

Section 375 is amended by adding the following after clause (b): (

c) property (

i) owned by a municipality and used solely for the operation of an airport by the municipality, or (ii) held under a lease, licence or permit from a municipality and used solely for the operation of an airport by the lessee, licensee or permittee. 58

Section 396 is amended (

a) by repealing subsection (3) and substituting the following:

(3) Subject to subsection (3.1), if a petition objecting to the local improvement is filed with the chief administrative officer within 30 days of the notices’ being sent under subsection (1) and the chief administrative officer declares the petition to be sufficient, the council must not proceed with the local improvement.

(3.1) The council may, after the expiry of one year after the petition is declared to be sufficient, re-notify in accordance with subsections (1) and (2) the persons who would be liable to pay the local improvement tax. (

b) in subsection (4) by striking out “If the council does not receive a sufficient petition objecting to the local improvement” and substituting “If a sufficient petition objecting to the local improvement is not filed with the chief administrative officer”. 21

(2) A council that passes a bylaw referred to in subsection (1) must use the tax rates set by its property tax bylaw as the supplementary tax rates to be imposed. 56

Section 370 presently reads: 370 The Minister may make regulations (

a) prescribing the extent to which residences and farm buildings are exempt from taxation under this Division; (

b) respecting the calculation of a tax rate to be imposed on linear property. 57

Section 375 presently reads: 375 The following are exempt from taxation under this Division: (

a) a business operated by the Crown; (

b) an airport operated by a regional airports authority created under

section 5(2) of the Regional Airports Authorities Act. 58

Section 396(3) and (4) presently read:

(3) If the council receives a sufficient petition objecting to the local improvement within 30 days of sending the notices under subsection (1), the council must not proceed with the local improvement but may, after the expiry of one year after receiving the petition, re-notify in accordance with subsections (1) and (2) the persons who would be liable to pay the local improvement tax.

(4) If the council does not receive a sufficient petition objecting to the local improvement within 30 days of sending the notices under subsection (1), the council may undertake the local improvement and impose the local improvement tax at any time in the 3 years following the sending of the notices. 21 Explanatory Notes

Section 410 is amended by adding the following after clause (b): (b.1) “parcel of land” means a parcel of land and the improvements on it; 60

Section 412(1)(

a) is amended by adding “for more than one year” after “of which there are tax arrears”. 61

Section 417(2)(

b) is amended by striking out “will become the owner of the parcel immediately” and substituting “may become the owner of the parcel”. 62

Section 418(2) is repealed and the following is substituted:

(2) The public auction must be held in the period beginning on the date before which the tax arrears must be paid under

section 417(2)(

a) and ending on March 31 of the year immediately following that date. 63

Section 421(3) is repealed and the following is substituted:

(3) The advertisement must state that the municipality may, after the public auction, become the owner of any parcel of land not sold at the public auction. 64

Section 424 is amended (

a) in subsection (1) by striking out “becomes the owner of the parcel immediately” and substituting “may become the owner of the parcel”; 22

Section 410 presently reads in part: 410 In this Division, (a) “encumbrance” means an encumbrance as defined in the Land Titles Act; (b) “encumbrancee” means the owner of an encumbrance; 60

Section 412(1) presently reads: 412(1) A municipality must annually, not later than March 31, (

a) prepare a tax arrears list showing the parcels of land in the municipality in respect of which there are tax arrears, (

b) send 2 copies of the tax arrears list to the Registrar, and (

c) post a copy of the tax arrears list in a place that is accessible to the public during regular business hours. 61

Section 417(2)(

b) presently reads:

(2) The notice must state (

b) that the municipality will become the owner of the parcel immediately after the public auction if the parcel is not sold at the public auction. 62

Section 418(1) and (2) presently read: 418(1) Each municipality must offer for sale at a public auction any parcel of land shown on its tax arrears list if the tax arrears are not paid.

(2) The public auction must be held within one year after the notice is sent under

section 417. 63

Section 421(3) presently reads:

(3) The advertisement must state that the municipality will become the owner of any parcel of land that is not sold at the public auction immediately after the public auction. 64

Section 424(1) and (2) presently read: 424(1) The municipality at whose request a tax recovery notification was endorsed on the certificate of title for a parcel of land becomes the owner of the parcel immediately after the public auction, if the parcel is not sold at the public auction. 22 Explanatory Notes

(

b) in subsection (2) by striking out “The municipality must request” and substituting “If the municipality wishes to become the owner of the parcel of land, it must request”. 65

Section 425 is amended by repealing subsections (2) and (3) and substituting the following:

(2) The municipality may grant a lease, licence or permit in respect of the parcel. 66 The following is added after

section 425: Minister’s authority to transfer parcel 425.1(1) The Minister may administer, transfer to another Minister, transfer to the municipality in which the land is situated or, subject to

section 425, dispose of any parcel of land acquired by the Minister under this Part or a predecessor to this Part.

(2) The Minister may cancel the tax arrears on any land referred to in subsection (1) and require the Registrar to remove the tax recovery notification caveat respecting those tax arrears. 67

Section 428(2) is amended by striking out “5 years" and substituting “10 years”. 23

(2) The municipality must request the Registrar to cancel the existing certificate of title for the parcel of land and issue a certificate of title in the name of the municipality. 65

Section 425 presently reads: 425(1) A municipality that becomes the owner of a parcel of land pursuant to

section 424 may dispose of the parcel (

a) by selling it at a price that is as close as reasonably possible to the market value of the parcel, or (

b) by depositing in the account referred to in

section 427(1)(

a) an amount of money equal to the price at which the municipality would be willing to sell the parcel under clause (a).

(2) The municipality may grant a lease, licence or permit in respect of the parcel for a term of not more than one year and may renew the lease, licence or permit for periods of not more than one year.

(3) If the municipality wishes to grant a lease, licence or permit with a term exceeding one year, the municipality must comply with subsection (1)(b).

(4) If a parcel of land is disposed of under subsection (1), the municipality must request the Registrar to delete the words "Tax Forfeiture” from the certificate of title issued in the name of the municipality for the parcel. 66 Minister’s authority to transfer property. 67

Section 428(2) presently reads:

(2) An application under this

section must be made within 5 years after (

a) the date of the public auction if the parcel was sold at a public auction, or 23 Explanatory Notes

68 The following is added after

section 428: Payment of undistributed money to municipality 428.1 If no application is made under

section 428 within the 10-year period referred to in

section 428(2), the municipality may, for any purpose, use the money deposited in accordance with

section 427 that remains undistributed. 69 The following is added after

section 429: Right to place tax arrears on new parcels of land 429.1 When there are tax arrears in respect of a parcel of land that is to be subdivided, the municipality may distribute the tax arrears and any taxes that may be imposed in respect of the parcel among the parcels of land that are created by the subdivision in a manner the municipality considers appropriate. 70

Section 437 is amended by repealing clause (

c) and substituting the following: (c) “tax” means (

i) a business tax, (ii) a well drilling equipment tax, or (iii) a property tax imposed in respect of property referred to in

section 304(1)(f), (g), (h), (i), (j)(

i) or (k); 71

Section 460(9) is repealed. 72

Section 461(2) is repealed and the following is substituted:

(2) On receiving a complaint, the designated officer referred to in

section 455 must set a date, time and location for a hearing before an assessment review board. 24

(

b) the date of a sale under

section 425 if the parcel was sold at a sale under that section. 68 Payment of undistributed money to municipality. 69 Allows municipalities to carry tax arrears forward to newly-created parcels resulting from a subdivision. 70

Section 437(

c) presently reads: 437 In this Division, (c) “tax” means a business tax, a well drilling equipment tax or a property tax imposed in respect of a mobile unit in a mobile home park; 71

Section 460(9) presently reads:

(9) Where the complaint is about property that has been classed by the assessor as non-residential, the complaint must indicate whether the complainant wishes the complaint to be dealt with by arbitration. 72

Section 461(2) presently reads:

(2) On receiving a complaint, the designated officer referred to in

section 455 must (

a) set a date, time and location for a hearing before an assessment review board, or (

b) if the complaint indicates that the complainant wishes the complaint to be dealt with by arbitration, begin the arbitration process. 24 Explanatory Notes

73 The heading preceding

section 472 and sections 472 to 476 are repealed. 74

Section 477 is amended by striking out “or an arbitrator”. 75

Section 488 is amended (

a) in subsection (1) by striking out “and” at the end of clause (

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

g) to decide disputes involving regional services commissions under

section 602.15, (

h) to hear appeals pursuant to

section 619, (

i) to hear appeals from subdivision decisions pursuant to

section 678(2)(a), and (

j) to decide intermunicipal disputes pursuant to

section 690. (

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

(3) Sections 495 to 498, 501 to 504, 506 and 507 apply when the Board holds a hearing to decide a dispute or hear an appeal referred to in subsection (1)(

g) to (j). 76

Section 492(2) is repealed. 77

Section 493(1) is repealed and the following is substituted: Duty of administrator on receiving statement 493(1) On receiving a written statement referred to in

section 491(1), the administrator must set a date, time and location for a hearing before the Board. 78 The heading preceding

section 509 and sections 509 to 513 are repealed. 25

73 Sections 472 to 476 allow a complaint to go to arbitration rather than be decided by an assessment review board. 74

Section 477 presently reads: 477 The municipality must make any changes to its assessment roll or tax roll, or both, that are necessary to reflect the decision of an assessment review board or an arbitrator. 75

Section 488 presently reads in part: 488(1 ) The Board has jurisdiction (

e) to inquire into and make recommendations about any matter referred to it by the Lieutenant Governor in Council or the Minister, and (

f) to deal with annexations in accordance with

Part 4.

(2) The Board must hold a hearing under Division 2 of this

Part in respect of the matters set out in subsection (1)(a), (

b) and (c). 76

Section 492(2) deals with arbitration. 77

Section 493(1) presently reads: 493(1) On receiving a written statement referred to in

section 491(1), the administrator must (

a) set a date, time and location for a hearing before the Board, or (

b) if the written statement relates to a complaint about an assessment for linear property and indicates that the complainant wishes the complaint to be dealt with by arbitration, begin the arbitration process. 78 Sections 509 to 513 allow complaints about linear property to go to arbitration rather than be decided by the Municipal Government Board. 25 Explanatory Notes

Section 517 is amended by striking out “or an arbitrator”. 80

Section 530(2) is repealed. 81

Section 542 is amended by adding the following after subsection (1):

(1.1) A consent signed under

section 653 is deemed to be a reasonable notice for the purposes of subsection (1). 82

Section 553 is amended (

a) in subsection (1) by adding the following after clause (h): (h.1) the costs and expenses of carrying out an order under

section 646; (

b) in subsection (2) by striking out “When” and substituting “Subject to

section 659, when”. 26

Section 517 presently reads: 517 The municipality must make any changes to its assessment roll or tax roll, or both, that are necessary to reflect the decision of the Board or an arbitrator. 80

Section 530 presently reads: 530(1) A municipality is not liable for damage caused by (

a) a system of inspection, or the manner in which inspections are to be performed or the frequency, infrequency or absence of inspections, and (

b) a system of maintenance, or the manner in which maintenance is to be performed, or the frequency, infrequency or absence of maintenance.

(2) No municipality may use the exemption from liability under this

section as a defence in an action under

section 531 or 532. 81

Section 542(1) presently reads: 542(1) If this or any other enactment or a bylaw authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the structure to be entered to carry out the inspection, remedy, enforcement or action, (

a) enter such land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the enactment or bylaw, (

b) request anything be produced to assist in the inspection, remedy, enforcement or action, and (

c) make copies of anything related to the inspection, remedy, enforcement or action. 82

Section 553 presently reads: 553(1) A council may add the following amounts to the tax roll of a parcel of land: (

a) unpaid costs referred to in

section 35(4) or 39(2) relating to service connections of a municipal public utility that are owing by the owner of the parcel; (

b) unpaid charges referred to in

section 42 for a municipal utility service provided to the parcel by a municipal public utility that are owing by the owner of the parcel: 26 Explanatory Notes

83 The following is added after

section 554: Municipality’s costs in actions 554.1(1) A municipality is entitled to tax and collect lawful costs in all actions and proceedings to which the municipality is a party.

(2) The costs of a municipality in an action or proceeding in which the municipality is a party are not to be disallowed or reduced because the municipality’s lawyer in the action or proceeding is an employee of the municipality. 84

Section 557 is amended (

a) by adding the following after clause (a): 27

(

c) unpaid expenses and costs referred to in

section 549(3) if the parcel’s owner contravened the enactment or bylaw and the contravention occurred on all or a part of the parcel; (

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 remuneration referred to in

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

f) costs associated with tax recovery proceedings related to the parcel; (

g) if the municipality has passed a bylaw making the owner of a parcel liable for costs and expenses related to the municipality extinguishing fires on the parcel, unpaid costs and expenses for extinguishing fires on the parcel; (

h) unpaid costs awarded by the Municipal Government Board under

section 501, if the Board has awarded costs against the owner of the parcel in favour of the municipality and the matter before the Board was related to the parcel; (

i) any other amount that may be added to the tax roll under an enactment.

(2) When an amount is added to the tax roll of a parcel of land, 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 parcel of land in favour of the municipality from the date it was added to the tax roll. 83 Municipalities entitled to legal costs in proceedings and actions. 84

Section 557 presently reads: 557 A person who contravenes or does not comply with 27 Explanatory Notes

(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 645, (a.4) a development permit or subdivision approval or a condition of a permit or approval under

Part 17, (a.5) a decision of a subdivision and development appeal board or the Municipal Government Board under

Part 17, (

b) by adding “or who obstructs or hinders any person in the exercise or performance of his powers under

Part 17 or the regulations under

Part 17,” before “is guilty of an offence”. 85 The following is added after

section 570: Information570.1 The Minister may provide a municipality with any information on the assessment of property the Minister may have whether the property is located in the municipality or elsewhere. 86 The following is added after

section 602:

PART 15.1 REGIONAL SERVICES COMMISSIONS

Definitions602.01(1) In this Part, (a) “board” means the board of directors of a commission; (b) “borrowing” means a borrowing within the meaning of that term under

section 241; (c) “capital property” means capital property within the meaning of that term under

section 241; (d) “commission” means a regional services commission; (e) “member” means, in respect of a commission, a municipal authority that is a member of the commission; 28

(

a) a provision of this Division, (

b) a direction or order of the Minister, or (

c) an order under

section 545, 546, 551 or 567 is guilty of an offence. 85 Access to information. 86 This Part provides for the establishment and governance of regional services commissions. 28 Explanatory Notes

(f) “municipal authority” means a municipal authority as defined in

section 1(1)(

p) and includes a Metis settlement, an Indian reserve and an armed forces base; (g) “public utility” means a public utility as defined in

section 1(1)(

y) excluding public transportation operated by or on behalf of a municipality; (h) “service” means, in respect of a commission, a service that the regulations authorize the commission to provide; (i) “transportation service” means a service to transport people or goods by vehicle, including a vehicle that runs on rails.

(2) A reference to a bylaw or resolution in this Act outside of this Part does not include a bylaw or resolution passed by a commission. Division 1 Establishment and Operation Establishing commissions602.02(1) The Lieutenant Governor in Council, on the recommendation of the Minister, may establish regional services commissions by regulation.

(2) The regulation establishing a commission must (

a) specify the commission’s name; (

b) identify the municipal authorities that are the members of the commission; (

c) specify the services that a commission is authorized to provide.

(3) The regulation establishing a commission may (

a) regulate the disposal of assets by the commission, and (

b) deal with any matter respecting the establishment or operation of the commission. Corporation602.03 A commission is a corporation. 29

29 Explanatory Notes

Board of directors 602.04(1) A commission is governed by a board of directors.

(2) When a commission is established, the Minister must (

a) appoint the first board of directors of the commission and fix their term of office, and (

b) designate one of the directors as the chair.

(3) After the term of the directors appointed under subsection (2) expires, (

a) the directors are to be appointed and the commission’s chair designated in accordance with the commission’s bylaws, (

b) only the council of a municipality may appoint a director who represents a municipality, and (

c) a director who represents a municipality must be a councillor of the municipality.

(4) A commission’s bylaws may provide for the appointment of directors who are directors at large and who do not represent a member of the commission.

(5) If a council or other person who is entitled to appoint a director refuses to make the appointment or does not make the appointment within a reasonable time, the Minister may make the appointment on behalf of the council or other person.

(6) A commission must provide the Minister with the name of each director and alternate director, if any, and its chair. Directors representing Province 602.05(1) If, in the Minister’s opinion, a service that a commission is authorized to provide is a service that is provided by the Government of Alberta or that may affect a service provided by the Government of Alberta, the Minister may, despite the commission’s bylaws, appoint up to 2 directors of the commission.

(2) A director appointed under this

section has the powers, duties and functions of a director appointed in accordance with the commission’s bylaws. 30

30 Explanatory Notes

Delegation602.06(1) Subject to subsection (2), a board may delegate any of its or the commission’s powers, duties or functions under this or any other enactment.

(2) A board may not delegate (

a) the power or duty to pass bylaws; (

b) the power to expropriate; (

c) the power to authorize a borrowing; (

d) the power to adopt budgets; (

e) the power to approve financial statements. Bylaws 602.07(1) The board of a commission must pass bylaws (

a) respecting the appointment of its directors and the designation of its chair; (

b) governing the fees to be charged by the commission for services provided to its customers or to any class of its customers.

(2) A bylaw passed under subsection (1)(

a) does not come into force until it has been approved by the Minister.

(3) The board of a commission may pass bylaws (

a) respecting the provision of the commission’s services; (

b) governing the administration of the commission.

(4) The bylaws of a commission are subject to the regulations.

(5) The Regulations Act does not apply to the bylaws of a commission. Meetings 602.08(1) Boards and board committees must conduct their meetings in public unless subsection (2) applies.

(2) Boards and board committees may close all or part of their meetings to the public if a matter to be discussed is within one of the exceptions to disclosure in Division 2 of

Part 1 of the Freedom of Information and Protection of Privacy Act. 31

31 Explanatory Notes

(3) When a meeting is closed to the public, no resolution or bylaw may be passed at the meeting, except a resolution to revert to a meeting held in public. Control of profit corporations 602.09

Section 73 does not apply to a commission. Division 2 Powers Natural person powers 602.1 A commission has natural person powers, except to the extent that they are limited by this or any other enactment. Service area 602.11 A commission may provide its services (

a) within the boundaries of its members, and (

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

i) the Minister, and (ii) the municipal authority within whose boundaries the services are to be provided. Motor Transport Act 602.12 A commission that is authorized to provide transportation services is subject to the Motor Transport Act. Expropriation602.13(1) A commission may acquire by expropriation under the Expropriation Act an interest or estate in land for the purpose of providing a public utility or a transportation service.

(2) A commission may acquire by expropriation an estate or interest under subsection (1) in land that is outside the boundaries of its members only if the municipal authority in whose boundaries the land is located consents in writing to the acquisition. Public utility disputes 602.14 If there is a dispute between a commission and another commission or a commission and any municipal authority with respect to (

a) rates, tolls or charges for a service that is a public utility, (

b) compensation for the acquisition by the commission of facilities used to provide a service that is a public utility, or 32

32 Explanatory Notes

(

c) the commission’s use of any road, square, bridge, subway or watercourse to provide a service that is a public utility, any party involved in the dispute may submit it to the Public Utilities Board and the Public Utilities Board may issue an order on any terms and conditions that the Public Utilities Board considers appropriate. Other disputes602.15(1) If (

a) there is a dispute between a commission and another commission or a commission and any municipal authority and the matter in dispute is not under the jurisdiction of the Public Utilities Board or the Alberta Motor Transport Board or any other board or tribunal created by an enactment, or (

b) there is a dispute between a commission and a municipal authority, other than an improvement district or special area, in respect of an expropriation that requires the municipal authority’s consent under

section 602.13(2), any party involved in the dispute may submit it to the Municipal Government Board.

(2) If a dispute is submitted to the Municipal Government Board, each party involved in the dispute must submit a written statement to the Board and to the other parties involved in the dispute that sets out (

a) a

summary of the facts and its position in the dispute, and (

b) an address to which any notice or decision of the Board is to be sent.

(3) The Municipal Government Board must hold a hearing after the written statements have been submitted or after a time period established by the Board for submission of the statements has expired, whichever occurs first. Order 602.16(1) On concluding a hearing, the Municipal Government Board may make any order it considers appropriate.

(2) The order may (

a) include terms and conditions, and 33

33 Explanatory Notes

(

b) be effective on a future date or for a limited time.

(3) The Board must send its order, and its reasons if requested, to the parties involved in the dispute.

(4) An order of the Municipal Government Board under this

section is binding on the parties involved in the dispute. Division 3 Financial Matters Payments to board 602.17(1) The Lieutenant Governor in Council may pay to the board of a commission an amount that will enable the board to meet the authorized operating and capital expenditures that the Lieutenant Governor in Council considers to be required for development and operation of the services and facilities of the commission.

(2) The sums under subsection (1) may be paid (

a) by grant, (

b) by advance or loan, or (

c) by the purchase of securities under a borrowing made by the commission.

(3) Any sum advanced or loaned under this

section is a debt due by the commission to the Crown in right of Alberta and may be collected by civil action for debt in a court of competent jurisdiction.

(4) The Lieutenant Governor in Council may specify the terms of repayment or retirement of advances or loans made under this section. Financial year 602.18 The financial year of a commission is the calendar year. Operating budget 602.19 A commission must adopt an operating budget for each calendar year. Contents of operating budget 602.2(1) An operating budget must include the estimated amount of each of the following expenditures and transfers: (

a) the amount needed to enable the commission to provide its services; (

b) the amount needed to pay the debt obligations in respect of borrowings made to acquire, construct, remove or improve capital property; 34

34 Explanatory Notes

(

c) if necessary, the amount needed to provide for a depreciation or depletion allowance, or both, for any public utility it is authorized to provide; (

d) the amount to be transferred to reserves; (

e) the amount to be transferred to the capital budget; (

f) the amount needed to cover any deficiency as required under

section 602.21.

(2) An operating budget must include the estimated amount of each of the following sources of revenue and transfers: (

a) fees for services provided; (

b) grants; (

c) transfers from the commission’s accumulated surplus funds or reserves; (

d) any other source of revenue.

(3) The estimated revenue and transfers under subsection (2) must be at least sufficient to pay the estimated expenditures and transfers under subsection (1).

(4) The Minister may make regulations respecting budgets and that define terms used in this

section that are not defined in

section 602.01. Deficiency602.21(1) If the total revenues and transfers of a commission over a 3-year period are less than the total expenditures and transfers of the commission for the same period, the operating budget for the commission for the year following the 3-year period must include an expenditure to cover the deficiency.

(2) If a commission has a deficiency referred to in subsection (1), the commission may, with the Minister's approval, spread the expenditures to cover the deficiency over more than one calendar year.

(3) If the Minister considers it to be necessary, the Minister may establish the budget for a commission that has a deficiency referred to in subsection (1) for a calendar year, and the budget (

a) is for all purposes the commission’s budget for that calendar year, and 35

35 Explanatory Notes

(

b) may not be amended or replaced by the commission’s board. Capital budget602.22 A commission must adopt a capital budget for each calendar year. Contents of capital budget 602.23 A capital budget must include the following: (

a) an estimate of the amount needed to acquire, construct, remove or improve capital property; (

b) the anticipated sources and estimated amounts of money to pay the costs referred to in clause (a); (

c) an estimate of the amount to be transferred from the operating budget. Expenditure of money 602.24(1) A commission may make an expenditure only if it is (

a) included in an operating budget or capital budget or otherwise authorized by its board, (

b) for an emergency, or (

c) legally required to be paid.

(2) Each board must establish procedures to authorize and verify expenditures that are not included in a budget.

(3) If the Minister establishes a budget for a commission under

section 602.21, the commission may not make an expenditure that is not included in the budget unless the expenditure is (

a) authorized by the Minister, (

b) for an emergency, or (

c) legally required to be paid. Civil liability of directors602.25(1) A director who (

a) makes an expenditure that is not authorized under

section 602.24, (

b) votes to spend money that has been obtained under a borrowing on something that is not within the purpose for which the money was borrowed, or 36

36 Explanatory Notes

(

c) votes to spend money that has been obtained under a grant on something that is not within the purpose for which the grant was given is liable to the commission for the expenditure or amount spent.

(2) A director is not liable under subsection (1)(

b) if spending the money is allowed under

section 602.27(2).

(3) If more than one director is liable to the commission under this

section in respect of a particular expenditure or amount spent, the directors are jointly and severally liable to the commission for the expenditure or amount spent.

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

a) the commission, (

b) a member of the commission, (

c) a taxpayer of a member of the commission, or (

d) a person who holds a security under a borrowing made by the commission. Authorized investments 602.26 A commission may invest its money only in the investments referred to in

section 250(2)(

a) to (d). Use of borrowed money 602.27(1) Money obtained by a commission under a borrowing must be used for the purpose for which it is borrowed.

(2) Money obtained by a commission under a borrowing for the purpose of financing a capital property may be used for an operating purpose if the amount spent is available when it is needed for the capital property. Borrowing602.28 No commission may make a borrowing if the borrowing will cause the commission to exceed its debt limit, unless the borrowing is approved by the Minister. Debt limit regulations602.29(1) The Minister may make regulations (

a) respecting how a debt limit for a commission is determined; (

b) defining debt for the purposes of determining if a commission has exceeded its debt limit, and the definition may include anything related to a commission’s finances. 37

37 Explanatory Notes

(2) The regulations may establish different methods of determining debt limits and different

definitions of debt for different commissions. Civil liability of directors 602.3(1) When a commission makes a borrowing that causes the commission to exceed its debt limit, a director who voted to authorize the borrowing is liable to the commission for the amount borrowed, unless the borrowing has been approved by the Minister.

(2) If subsection (1) applies to more than one director, the directors are jointly and severally liable to the commission for the amount borrowed.

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

a) the commission, (

b) a member of the commission, (

c) a taxpayer of a member of the commission, or (

d) a person who holds a security under a borrowing made by the commission. Loans and guarantees 602.31 A commission may not lend money or guarantee the repayment of a loan. Financial information return 602.32(1) Each commission must prepare a financial information return respecting the financial affairs of the commission for the immediately preceding calendar year.

(2) The Minister may establish requirements respecting the financial information return, including requirements respecting the accounting principles and standards to be used in preparing the return. Audited financial statements 602.33 Each commission must prepare audited annual financial statements for the immediately preceding calendar year. Distribution of returns and statements 602.34 Each commission must submit its financial information return and audited annual financial statements to the Minister and each member of the commission by May 1 of the year following the year for which the return and statements have been prepared. 38

38 Explanatory Notes

Division 4 Minister’s Powers Inspection602.35(1) The Minister may require any matter connected with the management, administration or operation of any commission to be inspected (

a) on the Minister’s initiative, or (

b) on the request of a member of the commission.

(2) The Minister may appoint one or more persons as inspectors for the purposes of carrying out inspections under this section.

(3) An inspector (

a) may require the attendance of any director or officer of the commission or of any other person whose presence the inspector considers necessary during the course of the inspection, and (

b) has the same powers, privileges and immunities as a commissioner under the Public Inquiries Act.

(4) When required to do so by an inspector, the commission must produce for examination and inspection all books and records of the commission.

(5) After the completion of the inspection, the inspector must make a report to the Minister and, if the inspection was made at the request of a member of the commission, to the member and the commission. Directions and dismissal 602.36(1) If because of an inspection under

section 602.35 the Minister considers that a commission is managed in an irregular, improper or improvident manner, the Minister may by order direct the board of the commission to take any action that the Minister considers proper in the circumstances.

(2) If an order of the Minister under this

section is not carried out to the satisfaction of the Minister, the Minister may dismiss the board or any director.

(3) On the dismissal of the board or of any director, the Minister may direct that a new board or director be appointed or may appoint a new board or director.

(4) The Minister may appoint an official administrator 39

39 Explanatory Notes

(

a) on the dismissal of a board, or (

b) on the dismissal of one or more directors if the remaining directors do not constitute a quorum.

(5) An official administrator appointed under subsection (4) has all the powers and duties of the board. Official administrator as supervisor 602.37(1) The Minister may at any time appoint an official administrator to supervise a commission and its board.

(2) So long as the appointment of an official administrator under this

section continues, (

a) no bylaw or resolution that authorizes the commission to incur a liability or to dispose of its money or property has any effect until the bylaw or resolution has been approved in writing by the official administrator, and (

b) the official administrator may at any time within 30 days after the passing of any bylaw or resolution disallow it, and the bylaw or resolution so disallowed becomes and is deemed to have always been void. Remuneration for official administrator 602.38 When an official administrator is appointed for a commission by the Minister under this Part, the remuneration and expenses of the official administrator as set by the Minister must, if required by the Minister, be paid by the commission. Application of provisions outside of this

Part 602.39 The Minister may by regulation make provisions of this Act, other than provisions in this Part, applicable with or without modification to one or more commissions. Disestab lishing a commission 602.4 The Lieutenant Governor in Council, on the recommendation of the Minister, may make regulations disestablishing a commission and respecting its winding-up. Division 5 Transitional

Definitions602.41 In this Division, (a) "continued commission” means a regional services commission continued under

section 602.42; (b) "former Act” means the Regional Municipal Services Act. 40

40 Explanatory Notes

Commissions continued 602.42(1) A regional services commission established under the former Act that is in existence immediately before the coming into force of this

Part is continued under this Part.

(2) A continued commission is for all purposes to be treated as if it had been established under this Part. Boards continued 602.43(1) The board of directors of a continued commission is continued as a board of directors under this Part.

(2) Despite the repeal of the former Act, sections 5 and 6 of the former Act continue to apply to the board of a continued commission until the terms of the directors have expired. Bylaws and resolutions continued 602.44 The bylaws and resolutions of a continued commission continue with the same effect as if they had been passed under this Part. Borrowing602.45 Nothing in this Part affects a borrowing made under the former Act.

Contracts602.46 The agreements and contracts of a continued commission that are in force immediately before the coming into force of this Part are continued as if they were made under this Part, subject to any provision of this Part that affects them. Expropriations602.47 If a continued commission has started but not completed proceedings in an expropriation when this

Part comes into force, the expropriation is governed by the laws in force respecting the expropriation immediately before the coming into force of this Part. Investments602.48(1)

Section 602.26 does not apply to investments made by a continued commission before the coming into force of this Part.

(2) Money from an investment referred to in subsection (1) that is invested after this

Part comes into force is subject to

section 602.26. Freedom of Information and Protection of Privacy Act 602.49 Division 2 of

Part 1 of the Freedom of information and Protection of Privacy Act is deemed to be in force for the purposes of

section 602.08. 41

41 Explanatory Notes

Transitional regulations 602.5 The Minister may make regulations (

a) respecting the conversion to this Part of anything from the former Act; (

b) to deal with any difficulty or impossibility resulting from this Part or the transition to this Part from the former Act. 87

Section 615(2)(c)(

i) is amended by striking out “the Planning Act” and substituting “Part 17”. 88

Section 616 is amended by adding the following after clause (a): (a.1) “former County Act” means the County Act, RSA 1980 cC-27; 89

Section 618 is amended by adding the following after subsection (5):

(6) A county in existence immediately before the repeal of the former County Act is continued under this Act as a municipal district.

(7) The name of a county that is continued as a municipal district under subsection (6) does not change as a result of the continuation, and the municipality may retain “County" in its name. 90 The following is added after

section 619: 42

Section 615(2)(

c) presently reads:

(2) The Minister may make regulations that apply to Crowsnest Pass respecting the following matters: (

c) a scheme to adjust property boundaries so that property boundaries coincide with lines of occupation, including (

i) the application of the Planning Act, (ii) road closures, (iii) the duties of the Registrar of Land Titles, (iv) the rights of property owners affected by the scheme, and (

v) any other matter the Minister considers necessary to implement the scheme. 88

Section 616(

a) presently reads: 616 In this Division, (a) “former Assessment Appeal Board Act” means the Assessment Appeal Board Act, RSA 1980 cA-46; 89 Counties continued as municipal districts. 90 Transitional provisions for counties changed to municipal districts under the former County Act. 42 Explanatory Notes

Change of status under former County Act 619.1(1) This

section applies to a municipal district whose status was changed from a county to a municipal district by order of the Minister under

section 5.2 of the former County Act.

(2) If the Minister permitted the municipal district to retain its county name, the municipal district may retain “County" in its name.

(3) The municipal district is for all purposes a municipal district as though it had been formed under this Act. 91

Section 620(1) is amended by striking out “section 618(1) or (2)’' and substituting “section 618(1), (2) or (6)”. 92 The following is added after

section 625: Counties continued as municipal districts 625.1(1) This

section applies to a county that is continued as a municipal district under

section 618(6).

(2) A bylaw, appointment, resolution or other decision passed or made by a county that a municipal district has the authority to pass or make is continued with the same effect as if it had been passed or made under this Act.

(3) Licences, permits, approvals and authorizations issued under bylaws or resolutions that are referred to in subsection (2) are continued with the same effect as if they had been made under this Act.

(4) Each officer and employee of a county continues as an officer or employee of the municipal district with the same rights and duties until the council of the municipal district otherwise directs.

(5) All taxes due to the county are deemed to be arrears of taxes due to the municipal district and may be collected and dealt with by the municipal district as if it had imposed the taxes.

(6) All rights of action and actions by or against the county may be continued or maintained by or against the municipal district.

(7) All property vested in the county becomes vested in the municipal district and may be dealt with by the municipal district in its own name subject to any trusts or other conditions applicable to the property. 43

Section 620(1) presently reads: 620(1) The council of a municipality referred to in

section 618(1) or (2) is continued as a council under this Act. 92 Transitional provisions for counties continued as municipal districts under this Act. 43 Explanatory Notes

(8) All other assets, liabilities, rights, duties, functions and obligations of the county become vested in the municipal district, and the municipal district may deal with them in its own name.

(9) The Minister may at any time on or before August 1, 1995 make an order in respect of a municipal district that (

a) changes the number of wards in the municipal district and the boundaries of the wards, (

b) gives each ward a name or number or both, (

c) states the number of councillors to be elected for each ward, or (

d) eliminates wards. 93

Section 643 is amended by striking out “section 1(i)” and substituting “section 1(1)(i)”. 94

Part 17, Transitional Provisions, Consequential Amendments, Repeal and Commencement, is renumbered as

Part 18 and sections 616 to 645 are renumbered as sections 709 to 740 respectively. 95 The following is added after

section 615:

PART 17 PLANNING AND DEVELOPMENT

Definitions616 In this Part, (a) “building” includes anything constructed or placed on, in, over or under land but does not include a highway or road or a bridge that forms part of a highway or road; 44

Section 643 presently reads: 643 On the coming into force of

section 1(

i) of the Freedom of Information and Protection of Privacy Act (

a) the heading “Access to Information” preceding

section 216 of this Act and sections 216 to 218, 299 to 301 and 561 of this Act are repealed, and (b)

section 197(2) of this Act is amended by striking out “categories of information referred to in

section 217(2)” and substituting “exceptions to disclosure in Division 2 of

Part 1 of the Freedom of Information and Protection of Privacy Act”. 94 Renumbering. 95 Adds provisions related to planning. 44 Explanatory Notes

(b) “development” means (

i) an excavation or stockpile and the creation of either of them, (ii) a building or an addition to or replacement or repair of a building and the construction or placing of any of them in, on, over or under land, (iii) a change of use of land or a building or

an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building, or (iv) a change in the intensity of use of land or a building or

an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building; (c) “development authority” means a development authority established pursuant to Division 3; (d) “development permit” means a document that is issued under a land use bylaw and authorizes a development; (e) “environmental reserve” means the land designated as environmental reserve by a subdivision authority or a municipality under Division 8; (f) “environmental reserve easement” means an easement created under Division 8; (g) “former Act” means the Planning Act, RSA 1980 cP-9, The Planning Act, 1977, SA 1977 c89, The Planning Act, RSA 1970 c276 or The Planning Act, SA 1963 c43; (h) “highway” means a primary highway and a secondary road numbered between 900 and 999, as defined in the Public Highways Development Act; (i) “instrument” means a plan of subdivision and an instrument as defined in the Land Titles Act; (j) “intermunicipal service agency” means an intermunicipal service agency established under Division 3; 45

45 Explanatory Notes

(k) “land use bylaw” means a bylaw made under Division 5 and a by-law made under

section 23 of the Historical Resources Act; (l) “land use policies” means policies established by the Lieutenant Governor in Council under Division 2; (m) “lot” means (

i) a quarter section, (ii) a river lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in a land titles office, (iii) a settlement lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in a land titles office, (iv) a part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision, or (

v) a part of a parcel of land described in a certificate of title if the boundaries of the part are described in a certificate of title by reference to a plan of subdivision; (n) “municipal planning commission” means a municipal planning commission established under Division 3; (o) “municipal reserve” means the land designated as municipal reserve under Division 8; (p) “municipal and school reserve” means the land designated as municipal and school reserve under Division 8; (q) “non-conforming building” means a building (

i) that is lawfully constructed or lawfully under construction at the date a land use bylaw affecting the building or the land on which the building is situated becomes effective, and (ii) that on the date the land use bylaw becomes effective does not, or when constructed will not, comply with the land use bylaw; 46

46 Explanatory Notes

(r) “non-conforming use” means a lawful specific use (

i) being made of land or a building or intended to be made of a building lawfully under construction at the date a land use bylaw affecting the land or building becomes effective, and (ii) that on the date the land use bylaw becomes effective does not, or in the case of a building under construction will not, comply with the land use bylaw; (s) “parcel of land” means the aggregate of the one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office; (t) “Planning Act" means the Planning Act, RSA 1980 cP-9; (u) “plan of subdivision” means a plan of survey prepared in accordance with the Land Titles Act for the purpose of effecting a subdivision; (v) “public utility” means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use: (

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; (

x) telecommunications; 47

47 Explanatory Notes

and includes the thing that is provided for public consumption, benefit, convenience or use; (w) “public utility lot” means land required to be given under Division 8 for public utilities; (x) “redevelopment area” means an area of land that is the subject of an area redevelopment plan; (y) “Registrar” means Registrar as defined in the Land Titles Act; (z) “reserve land” means environmental reserve, municipal reserve, school reserve or municipal and school reserve; (aa) “road” means road as defined in

section 1(1) but does not include highway as defined in this Part; (bb) “school authority” means the board of trustees of a school district or school division; (cc) “school reserve” means the land designated as school reserve under Division 8; (dd) “statutory plan” means an intermunicipal development plan, a municipal development plan, an area structure plan and an area redevelopment plan adopted by a municipality under Division 4; (ee) “subdivision” means the division of a parcel of land by an instrument and “subdivide” has a corresponding meaning; (ff) “subdivision authority” means a subdivision authority established under Division 3; (gg) “subdivision and development appeal board” means a subdivision and development appeal board established under Division 3; (hh) “subdivision and development regulations” mean regulations made by the Lieutenant Governor in Council under

section 694(1). Purpose of this

Part 617 The purpose of this Part and the regulations and bylaws under this

Part is to provide means whereby plans and related matters may be prepared and adopted 48

48 Explanatory Notes

(

a) to achieve the orderly, economical and beneficial development, use of land and patterns of human settlement, and (

b) to maintain and improve the quality of the physical environment within which patterns of human settlement are situated in Alberta, without infringing on the rights of individuals for any public interest except to the extent that is necessary for the overall greater public interest. Non application of this

Part 618(1) This Part and the regulations and bylaws under this Part do not apply when a development or a subdivision is effected only for the purpose of (

a) a highway or road, (

b) a well or battery within the meaning of the Oil and Gas Conservation Act, or (

c) a pipeline or an installation or structure incidental to the operation of a pipeline.

(2) This Part and the regulations and bylaws under this Part do not apply to (

a) the geographic area of a Metis settlement, or (

b) a designated area of Crown land in a municipal district.

(3) The Minister responsible for the Public Lands Act may make regulations designating one or more areas of Crown land under his administration for the purposes of subsection (2)(b).

(4) The Lieutenant Governor in Council may, by regulation, exempt an action, person or thing from the application of all of or any provision of this Part or of the regulations or bylaws under this Part.

(5) The Lieutenant Governor in Council may include terms and conditions in a regulation under subsection (4). 49

49 Explanatory Notes

Division 1 Other Authorizations, Compensation NRCB, ERCB, AEUB authorizations 619(1) A licence, permit, approval or other authorization granted by the NRCB, ERCB or AEUB prevails, in accordance with this section, over any statutory plan, land use bylaw, subdivision decision or development decision by a subdivision authority, development authority, subdivision and development appeal board, or the Municipal Government Board or any other authorization under this Part.

(2) When an application is received by a municipality for a statutory plan amendment, land use bylaw amendment, subdivision approval, development permit or other authorization under this Part and the application is consistent with a licence, permit, approval or other authorization granted by the NRCB, ERCB or AEUB, the municipality must approve the application to the extent that it complies with the licence, permit, approval or other authorization granted under subsection (1).

(3) An approval of a statutory plan amendment or land use bylaw amendment under subsection (2) (

a) must be granted within 90 days of the application or a longer time agreed on by the applicant and the municipality, and (

b) is not subject to the requirements of

section 692 unless, in the opinion of the municipality, the statutory plan amendment or land use bylaw amendment relates to matters not included in the licence, permit, approval or other authorization granted by the NRCB, ERCB or AEUB.

(4) If a municipality that is considering an application under subsection (2) holds a hearing, the hearing may not address matters already decided by the NRCB, ERCB or AEUB except as necessary to determine whether an amendment to a statutory plan or land use bylaw is required.

(5) If a municipality does not approve an application under subsection (2) to amend a statutory plan or land use bylaw or the municipality does not comply with subsection (3), the applicant may appeal to the Municipal Government Board by filing a notice of appeal with the Board.

(6) The Municipal Government Board, on receiving a notice of appeal under subsection (5), 50

50 Explanatory Notes

(

a) must commence a hearing within 60 days of receiving the notice of appeal and give a written decision within 30 days of concluding the hearing, and (

b) is not required to notify or hear from any person other than the applicant and the municipality against whom the appeal is launched.

(7) The Municipal Government Board, in hearing an appeal under subsection (6), may only hear matters relating to whether the proposed statutory plan or land use bylaw amendment is consistent with the licence, permit, approval or other authorization granted under subsection (1).

(8) In an appeal under this

section the Municipal Government Board may (

a) order the municipality to amend the statutory plan or land use bylaw in order to comply with a licence, permit, approval or other authorization granted by the NRCB, ERCB or AEUB, or (

b) dismiss the appeal.

(9) Section 692 does not apply when the statutory plan or land use bylaw is amended pursuant to a decision of the Municipal Government Board under subsection (8)(a).

(10) A decision under subsection (8) is final but may be appealed by the applicant or the municipality in accordance with

section 688.

(11) In this section, “NRCB, ERCB or AEUB” means the Natural Resources Conservation Board, Energy Resources Conservation Board or Alberta Energy and Utilities Board. Conditions prevail 620 A condition of a licence, permit, approval or other authorization granted pursuant to an enactment by the Lieutenant Governor in Council, a Minister, a Provincial agency or Crown-controlled organization as defined in the Financial Administration Act or a delegated person as defined in

Schedule 10 of the Government Organization Act prevails over any condition of a development permit that conflicts with it. Compensation621(1) Except as provided in this Part and in

section 24 of the Historical Resources Act, nothing in this Part or the regulations or bylaws under this Part gives a person a right to compensation. 51

51 Explanatory Notes

(2) Subsection (1) applies only to this Part and does not create, extinguish or affect rights created, extinguished or affected by the rest of this Act. Division 2 Land Use Policies Land use policies 622(1) The Lieutenant Governor in Council may by order, on the recommendation of the Minister, establish land use policies.

(2) The Regulations Act does not apply to an order under subsection (1).

(3) Every statutory plan, land use bylaw and action undertaken pursuant to this Part by a municipality, municipal planning commission, subdivision authority, development authority or subdivision and development appeal board or the Municipal Government Board must be consistent with the land use policies. Division 3 Planning Authorities Subdivision authority623(1) A council must by bylaw provide for a subdivision authority to exercise subdivision powers and duties on behalf of the municipality.

(2) A subdivision authority may include one or more of the following: (

a) any or all members of council; (

b) a designated officer; (

c) a municipal planning commission; (

d) any other person or organization. Development authority624(1) Subject to

section 641, a council must by bylaw provide for a development authority to exercise development powers and duties on behalf of the municipality.

(2) A development authority may include one or more of the following: (

a) a designated officer; (

b) a municipal planning commission; (

c) any other person or organization. 52

52 Explanatory Notes

Intermunicipal service agency 625 A council may by bylaw authorize the municipality to enter into an agreement (

a) with a regional services commission, or (

b) with one or more municipalities to establish an intermunicipal service agency to which the municipality may delegate any of its subdivision authority or development authority powers, duties or functions. Municipal planning commission 626(1) A council may by bylaw establish a municipal planning commission and may by bylaw authorize the municipality to enter into an agreement with one or more municipalities to establish an intermunicipal planning commission.

(2) An intermunicipal planning commission is deemed to be a municipal planning commission for the purposes of this Part.

(3) If an intermunicipal planning commission or a municipal planning commission is established, the bylaw or agreement establishing it must (

a) provide for the applicable matters described in

section 145(b), (

b) prescribe the functions and duties of the commission, including but not limited to subdivision and development powers and duties, and (

c) in the case of an intermunicipal planning commission, provide for its dissolution. Appeal board established627(1) A council must, by bylaw, (

a) establish a subdivision and development appeal board, or (

b) authorize the municipality to enter into an agreement with one or more municipalities to establish an intermunicipal subdivision and development appeal board, or both. 53

53 Explanatory Notes

(2) An intermunicipal subdivision and development appeal board is a subdivision and development appeal board for purposes of this Part.

(3) Notwithstanding

section 146, (

a) in the case of a subdivision and development appeal board formed under subsection (1)(a), councillors may not form the majority of the board or the majority of the board or a committee hearing an appeal, and (

b) in the case of a subdivision and development appeal board formed under subsection (1)(b), the councillors from a single municipality may not form the majority of the board or of a committee hearing an appeal.

(4) A person who is an employee of the municipality, who carries out subdivision or development powers, duties and functions on behalf of the municipality or who is a member of a municipal planning commission may not be appointed as a member of a subdivision and development appeal board. Appeal board established 628(1) A bylaw or agreement under

section 627 must (

a) provide for the applicable matters described in

section 145(b), and (

b) prescribe the functions and duties of the subdivision and development appeal board.

(2) A bylaw or agreement under

section 627 may provide (

a) for the members of the subdivision and development appeal board to meet in committees, (

b) for 2 or more committees to meet simultaneously, (

c) that the committees have any or all the powers, duties and responsibilities of the subdivision and development appeal board, and (

d) that a decision of a committee is a decision of the subdivision and development appeal board. Appeal board evidence 629 A subdivision and development appeal board (

a) may, while carrying out its powers, duties and responsibilities, accept any oral or written evidence that it considers proper, whether admissible in a 54

54 Explanatory Notes

court of law or not, and is not bound by the laws of evidence applicable to judicial proceedings, and (

b) must make and keep a record of its proceedings, which may be in the form of a

summary of the evidence presented at a hearing. Signature evidence 630(1) An order, decision, approval, notice or other thing made or given by a subdivision authority, development authority or subdivision and development appeal board may be signed on its behalf by a designated officer.

(2) An order, decision, approval, notice or other thing purporting to be signed by a designated officer pursuant to subsection (1) may be admitted in evidence as proof (

a) of the order, decision, approval, notice or other thing, and (

b) that the designated officer signing it was authorized to do so, without proof of the signature or of the designation. Division 4 Statutory Plans Intermunicipal Development Plans Intermunicipal development plan 631(1) Two or more councils may, by each passing a bylaw in accordance with this Part or in accordance with sections 12 and 692, adopt an intermunicipal development plan to include those areas of land lying within the boundaries of the municipalities as they consider necessary.

(2) An intermunicipal development plan (

a) may provide for (

i) the future land use within the area, (ii) the manner of and the proposals for future development in the area, and (iii) any other matter relating to the physical, social or economic development of the area that the councils consider necessary, and (

b) must include 55

55 Explanatory Notes

(

i) a procedure to be used to resolve or attempt to resolve any conflict between the municipalities that have adopted the plan, (ii) a procedure to be used, by one or more municipalities, to amend or repeal the plan, and (iii) provisions relating to the administration of the plan. Municipal Development Plans Municipal development plan 632(1) A council of a municipality with a population of 3500 or more must, by bylaw, adopt a municipal development plan.

(2) A council of a municipality with a population of less than 3500 may adopt a municipal development plan.

(3) A municipal development plan (

a) must address (

i) the future land use within the municipality, (ii) the manner of and the proposals for future development in the municipality, (iii) the co-ordination of land use, future growth patterns and other infrastructure with adjacent municipalities if there is no intermunicipal development plan with respect to those matters in those municipalities, (iv) the provision of the required transportation systems either generally or specifically within the municipality and in relation to adjacent municipalities, and (

v) the provision of municipal services and facilities either generally or specifically, (

b) may address (

i) proposals for the financing and programming of municipal infrastructure, (ii) the co-ordination of municipal programs relating to the physical, social and economic development of the municipality, 56

56 Explanatory Notes

(iii) environmental matters within the municipality, (iv) the financial resources of the municipality, (

v) the economic development of the municipality, and (vi) any other matter relating to the physical, social or economic development of the municipality, (

c) may contain statements regarding the municipality’s development constraints, including the results of any development studies and impact analysis, and goals, objectives, targets, planning policies and corporate strategies, (

d) must identify the location of sour gas facilities and contain policies related to them that are compatible with the subdivision and development regulations, and (

e) must contain policies respecting the provision of municipal, school or municipal and school reserves, including but not limited to the need for, amount of and allocation of those reserves and the identification of school requirements in consultation with affected school authorities. Area Structure Plans Area structure plan 633(1) For the purpose of providing a framework for subsequent subdivision and development of an area of land, a council may, by bylaw, adopt an area structure plan.

(2) An area structure plan (

a) must describe (

i) the sequence of development proposed for the area, (ii) the land uses proposed for the area, either generally or with respect to specific parts of the area, (iii) the density of population proposed for the area either generally or with respect to specific parts of the area, and (iv) the general location of major transportation routes and public utilities, 57

57 Explanatory Notes

and (

b) may contain any other matters the council considers necessary. Area Redevelopment Plans Area redevelopment plans 634 A council may (

a) designate an area of the municipality as a redevelopment area for the purpose of any or all of the following: (

i) preserving or improving land and buildings in the area; (ii) rehabilitating buildings in the area; (iii) removing buildings from the area; (iv) constructing or replacing buildings in the area; (

v) establishing, improving or relocating roads, public utilities or other services in the area; (vi) facilitating any other development in the area, (

b) adopt, by bylaw, an area redevelopment plan, (

c) in accordance with this

section and Division 6, provide for the imposition and collection of a levy to be known as a “redevelopment levy”, and (

d) authorize a designated officer, with or without conditions, to perform any function with respect to the imposition and collection of that redevelopment levy. Plan contents635 An area redevelopment plan (

a) must describe (

i) the objectives of the plan and how they are proposed to be achieved, (ii) the proposed land uses for the redevelopment area, (iii) if a redevelopment levy is to be imposed, the reasons for imposing it, and 58

58 Explanatory Notes

(iv) any proposals for the acquisition of land for any municipal use, school facilities, parks and recreation facilities or any other purposes the council considers necessary, and (

b) may contain any other proposals that the council considers necessary. General Provisions Statutory plan preparation 636 While preparing a statutory plan a municipality must (

a) provide opportunities to any person who may be affected by it to make suggestions and representations, (

b) notify the public of the details of the plan preparation process and of the opportunities described in clause (a), (

c) notify the school authorities with jurisdiction in the area to which the plan preparation applies and provide opportunities to those authorities to make suggestions and representations, (

d) in the case of a municipal development plan, notify adjacent municipalities of the plan preparation and provide opportunities to those municipalities to make suggestions and representations, and (

e) in the case of an area structure plan, where the land that is the subject of the plan is adjacent to another municipality, notify that municipality of the plan preparation and provide opportunities to that municipality to make suggestions and representations. Effect of plans 637 The adoption by a council of a statutory plan does not require the municipality to undertake any of the projects referred to in it. Plans consistent638 All statutory plans adopted by a municipality must be consistent with each other. 59

59 Explanatory Notes

Division 5 Land Use Land use bylaw 639 Every municipality must pass a land use bylaw. Land use bylaw 640(1) A land use bylaw may prohibit or regulate and control the use and development of land and buildings in a municipality.

(2) A land use bylaw (

a) must divide the municipality into districts of the number and area the council considers appropriate; (

b) must, unless the district is designated as a direct control district pursuant to

section 641, prescribe with respect to each district, (

i) the one or more uses of land or buildings that are permitted in the district, with or without conditions, or (ii) the one or more uses of land or buildings that may be permitted in the district at the discretion of the development authority, with or without conditions, or both; (

c) must establish a method of making decisions on applications for development permits and issuing development permits for any development, including provision for (

i) the types of development permit that may be issued, (ii) applying for a development permit, (iii) processing an application for, or issuing, cancelling, suspending or refusing to issue, a development permit, (iv) the conditions that are to be attached, or that the development authority may attach, to a development permit either generally or with respect to a specific type of permit, (

v) how long any type of development permit remains in effect, 60

60 Explanatory Notes

(vi) the discretion that the development authority may exercise with respect to development permits, and (vii) any other matters necessary to regulate and control the issue of development permits that to the council appear necessary; (

d) must provide for how and to whom notice of the issuance of a development permit is to be given; (

e) must establish the number of dwelling units permitted on a lot.

(3) A land use bylaw may identify additional land as adjacent land for the purposes of

section 692.

(4) Without restricting the generality of subsection (1), a land use bylaw may provide for one or more of the following matters, either generally or with respect to any district or part of a district established pursuant to subsection (2)(a): (

a) subdivision design standards; (

b) the ground area, floor area, height, size and location of buildings; (

c) the amount of land to be provided around or between buildings; (

d) the landscaping of land or buildings; (

e) the location, height and maintenance of fences and walls; (

f) the establishment and maintenance of (

i) off-street or other parking facilities, and (ii) loading and unloading facilities, and any other similar matters; (

g) the design, character and appearance of buildings; (

h) the location and amount of access to lots from roads and ensuring that there is at least one means of access from each lot to a road; (

i) the lighting of land, buildings or other things; 61

61 Explanatory Notes

(

j) the enlargement, alteration, repair, removal or relocation of buildings; (

k) the excavation or filling in of land; (

l) the development of buildings (

i) on land subject to flooding or subsidence or that is low lying, marshy or unstable, (ii) on land adjacent to or within a specified d

Document details

Collection	Alberta — Bills
Citation	L23 S3 2096
Type	bill
Volume / chapter	L23 S3 2096
Language	en
Format	json
Source	PROVINCIAL
Identifier	efce2895390c1d2ecac3f1759362c6262fc137e0

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