MUNICIPAL GOVERNMENT ACT (RSA 2000 cM-26)

RSA 2000 cM-26

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter M-26 Current as of May 14, 2026 MUNICIPAL GOVERNMENT ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2026 c10 s4(20) amends s326(1)(a)(v). 2020 c35 s24 amends s596(1)(b). 2025 c10 s39 amends s1(1)(m)(ii); repeals and substitutes ss250(2)(

b) and 362(1)(g.1); amends s392(4). 2026 c10 s4 amends ss1(1) and 488(1); adds s619.1; amends s688(1)(b). 2026 c13 s24 amends s674(1.1). Regulations The following is a list of the regulations made under the Municipal Government Act that are filed as Alberta Regulations under the Regulations Act. Alta. Reg. Amendments Municipal Government Act Aeronautics Act Agreements ......................... 33/2014 ........... 10/2016, 157/2020 Airport Vicinity Protection Areas Calgary International ................................ 177/2009 ......... 192/2010, 71/2014, 186/2017, 177/2018, 124/2019, 158/2020,

34/2021, 163/2021, 76/2026 Edmonton International ............................ 55/2006 ........... 86/2016, 185/2017, 83/2022, 22/2024 Business Improvement Area .......................... 93/2016 ........... 123/2021, 91/2024 Canmore Undermining Exemption from Liability ........................................... 113/97 ............. 221/2004 Canmore Undermining Review ...................... 34/2020 City of Airdrie Downtown Community Revitalization Levy .............. 253/2022 City of Calgary Charter, 2018 ........................ 40/2018 ........... 18/2019, 56/2019, NOTE: Certain provisions of AR 18/2019 187/2019, 216/2022, come into force on later dates.

See AR 40/2018. 218/2022, 99/2024 City of Calgary Rivers District Community Revitalization Levy .............. 232/2006 ......... 181/2016, 266/2018, 85/2024 City of Edmonton Belvedere Community Revitalization Levy .................................. 57/2010 ........... 234/2020, 86/2024 City of Edmonton Capital City Downtown Community Revitalization Levy .............. 141/2013 ......... 131/2023, 109/2025, 200/2025 City of Edmonton Charter, 2018 .................... 39/2018 ........... 19/2019, 56/2019, NOTE: Certain provisions of AR 19/2019 187/2019, 216/2022, come into force on later dates.

See AR 39/2018. 218/2022, 100/2024 City of Edmonton the Quarters Downtown Community Revitalization Levy .............. 173/2010 ......... 235/2020, 87/2024 Clean Energy Improvements .......................... 212/2018 ......... 153/2020 Cochrane Community Revitalization Levy ......................................................... 204/2012 ......... 254/2022, 88/2024 Community Aggregate Payment Levy ........... 263/2005 ......... 187/2010, 175/2015, 196/2017, 205/2022, 199/2024 Community Organization Property Tax Exemption ......................................... 281/98 ............. 283/2003, 182/2008, 4/2010, 77/2010, 204/2011, 9/2015, 257/2017, 220/2018, 56/2019, 295/2020, 152/2023, 162/2025 Crown Land Area Designation ....................... 239/2003 ......... 29/2013, 204/2017 Debt Limit ...................................................... 255/2000 ......... 25/2005, 100/2006, 253/2009, 5/2010, 13/2013, 171/2015, 294/2020, 61/2022 Financial Information Return ......................... 158/2000 ......... 71/2004, 35/2007, 68/2008, 170/2009, 112/2014, 191/2018 Joint Use and Planning Agreements ............... 110/2025 Matters Related to Subdivision and Development ..................................... 84/2022 ........... 216/2022 Matters Relating to Assessment

Complaints, 2018 ..................................... 201/2017 ......... 218/2022, 258/2022, 142/2025 Matters Relating to Assessment and Taxation, 2018 ......................................... 203/2017 ......... 185/2018, 146/2019, 256/2022, 93/2024, 267/2025 Municipal Census ........................................... 88/2023 Municipal Corporate Planning ....................... 192/2017 Municipal Gas Systems Core Market ............................................. 93/2001 ........... 354/2003, 254/2007, 129/2008, 127/2013, 183/2017, 24/2020, 128/2024 Municipal Investment ..................................... 149/2022 ......... 125/2024, 199/2025, NOTE: AR 214/2025 s26 comes into force 214/2025 on the coming into force of s45(17) of the Health Statutes Amendment Act, 2025 Municipally Controlled Corporations ............ 112/2018 ......... 79/2021, 204/2022 Off-site Levies ................................................ 187/2017 ......... 53/2018, 101/2021 Planning Exemption ....................................... 223/2000 ......... 206/2001, 251/2001, 217/2002, 234/2002, 354/2003, 365/2003, 23/2005, 299/2006, 300/2006, 236/2007, 140/2008, 176/2009, 50/2011, 34/2014, 95/2015, 184/2017, 123/2020, 173/2021, 1/2024, 54/2024, 172/2025 Public Participation Policy ............................. 193/2017 Qualifications of Assessor .............................. 233/2005 ......... 307/2006, 63/2012, 96/2017 Social and Affordable Housing Accommodation Exemption ..................... 12/2022 ........... 216/2022, 158/2025 Supplementary Accounting Principles and Standards ........................................... 313/2000 ......... 62/2004, 171/2009, 108/2013, 111/2014, 191/2018 Well Drilling Equipment Tax Rate ................ 293/2020

1 MUNICIPAL GOVERNMENT ACT

Chapter M-26 Table of Contents 1

Interpretation 2 Application of Act 2.1 Indian reserves

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

Part 2 Bylaws Division 1 General Jurisdiction 7 General jurisdiction to pass bylaws 7.1 Face mask and proof of COVID-19 vaccination bylaws 8 Powers under bylaws 9 Guides to interpreting power to pass bylaws 10 Bylaw passing powers in other enactments 11 Relationship to natural person powers Division 2 Scope of Bylaws 12 Geographic area of bylaws 13 Relationship to Provincial law

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 2

Part 3 Special Municipal Powers and Limits on Municipal Powers Division 1 Expropriation 14 Expropriation powers 15 Expropriating part of a parcel Division 2 Roads 16 Title to roads 16.1 Acquiring land for roads by agreement 17 Disposal of estate or interest in roads 18 Control of roads 19 Rocky Mountains Forest Reserve 20 Specialized municipalities 21 Land abutting roads 22 Road closure 23 Compensation 26 Temporary roads and rights of way 27 Leases 27.1 Forestry roads 27.2 Forestry road agreement 27.5 Unauthorized commercial or industrial use 27.6 Existing agreements Division 3 Public Utilities General 28

Definitions 28.1

Interpretation 29 Composition of system or works 30 Long-term supply agreements to public utilities 31 Regulation of gas supply obtained from direct sellers 32 Other authorizations and approvals Municipal Public Utilities 33 Prohibiting other public utilities 33.1 Exception 34 Duty to supply utility service 35 Parcels adjacent to roads and easements 36 Right of entry — main lines

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 3 37 Service connections — owner 38 Service connections — municipality 39 Restoration and costs 40 Buildings 41 Discontinue providing public utility 42 Liability for public utilities charges 43 Appeal 44 Dispute with other municipalities 44.1 Transfer of municipal public utility Non-municipal Public Utilities 45 Granting rights to provide utility service 45.01 Calculation of fees 45.1 Exception 46 Prohibiting other non-municipal public utilities 46.1 Exception 47 Renewals Division 5 Business Improvement Areas 50 Purpose 51 Board 52 Civil liability of board members 53 Regulations Division 6 Miscellaneous Powers 54 Providing services in other areas 55 Sharing taxes and grants 56 Civic holidays 57 Census 58 Road names 59 Hamlets 60 Bodies of water 61 Granting rights over property Division 7 Revision and Consolidation of Bylaws 62.1

Definitions 63 Revising bylaws 65 Requirements relating to revised bylaws 66 Effects of revised bylaws 67 References to repealed bylaws

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 4 69 Consolidation of bylaws Division 8 Limits on Municipal Powers 70 Disposal of land 70.1 Proposed national urban park plan 71 Mines and minerals 72 Acquisition of land outside municipal boundaries 74,74.1 Firearms 75 Forest and Prairie Protection Act Division 9 Controlled Corporations 75.1 Control of corporations 75.2 Financial statements and other reports 75.3 Material change 75.4 Utility services provided by controlled corporation 75.5 Regulations

Part 4 Formation, Fundamental Changes and Dissolution Division 1 General Criteria 76 Principles, standards and criteria Division 2 Formation 76.1 Definition of formation order 77 Types of municipality that may be formed 85 Initiating formation 87 Public input 87.1 Specialized municipality 88 Formation order 89 Contents of order 89.1 Summer village 90 Official administrator Division 3 Change of Status 90.1 Definition of order 91 Meaning of change of status 91.1 Summer village 93 Initiation of change of status

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 5 94 Public input 96 Change of status order 97 Contents of order 97.2 Effect of change of status Division 4 Change of Name 98 Change of name order 99 Effect of change of name Division 5 Amalgamation 99.1

Interpretation where 2 or more initiating municipal authorities 100 Application 101 Restriction on amalgamation 102 Initiation of amalgamation proceedings 103 Initiation by municipal authority 104 Direct negotiations 105 Report on negotiations 106 Disposition of report 107 Initiation by Minister 108 Notice by Minister 110 Amalgamation order 111 Contents of order 112 Official administrator Division 6 Annexation 112.1 Mediation 113 Application 114 Restriction on annexation 115 Annexations of same land 116 Initiation of annexation 117 Direct negotiations 118 Report on negotiations 119 Disposition of report 120 Notice of Tribunal’s intent to recommend annexation 120.1 Where no objections filed 121 Where objections filed or no general agreement 122 Notice of hearing and costs 123 Tribunal ’s report 124 Contents of report

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 6 125 Annexation order 127 Contents of order 127.1 Public utilities 128 Annexation refused 128.1 Regulations Division 7 Dissolution 129 Application 130 Viability review 130.1 Completion of viability review 130.3 Further actions of Minister 130.4 Vote 130.5 Transitional — applicati on of certain sections 133 Dissolution order 134 Tax Division 8 General Provisions 135 Effect of certain orders 136 Power to effectuate transfer of land and other property 137 Transitional and other matters 138 Retroactivity of orders 139 Orders published 140 Regulations Act 141 Location of boundaries

Part 4.1 City Charters 141.1

Interpretation 141.2 Purpose of

Part 141.3 Establishment of charter 141.4 Proposed charter must be published on website 141.5 Elements of charter 141.6 Charter prevails 141.7 Retroactive operation of charter 141.8 No effect on status of charter city 141.9 Existing rights and obligations not affected

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 7

Part 5 Councils, Councillors and Council Committees Division 1 Councils and Council Committees 142 Councils as governing bodies 143 Number of councillors 144.1 Bylaws respecting maternity and parental leave for councillors 145 Bylaws — council and council committees 146 Composition of council committees Division 1.01 Councillor Accountability Framework 146.01

Definitions 146.011 Councillor accountability framework 146.02 Investigators 146.021 Complaints 146.03 Investigations 146.04 Obstruction of investigators 146.05 Preliminary review 146.06 Pecuniary interest report 146.07 Investigation report 146.08 Determination of contravention and sanctions 146.09 Appeals Division 2 Elections, Appointments and Ward System 147 Election of councillors 148 Division of municipality into wards 150 Election or appointment of chief elected official 151 Passing bylaw 152 Deputy and acting chief elected officials Division 3 Duties, Titles and Oaths of Councillors 153 General duties of councillors 154 General duties of chief elected official 155 Titles of chief elected official and other councillors 156 Taking of oath

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 8 Division 4 Term of Office 157 Local Authorities Election Act 158 Extension of term 159 Appointed chief elected officials Division 5 Vacancies and Quorum 160 Positions unfilled at general election 161 Resignation 162 Vacancy in position of councillor 163 Chief elected official (elected) vacancy 164 Chief elected official (appointed) vacancy 165 Election day 166 Minister orders by-election 167 Quorum 168 No quorum Division 6 Pecuniary Interest and Conflict of Interest of Councillors 169

Definitions 170 Pecuniary interest and conflict of interest 171 Bylaw requiring statement of disclosure 172 Disclosure of pecuniary interest 172.1 Disclosure of conflict of interest or perceived conflict of interest 172.2 No review of councillor’s decision 173 Effect of pecuniary interest on agreements Division 7 Disqualification of Councillors 174 Reasons for disqualification Division 8 Enforcement of Disqualification 175 Resignation on disqualification 175.1 Declaration of disqualification by council 176 Decision on disqualification application 177 Inadvertence or genuine error 178 Appeal 179 Reimbursement of costs and expenses

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 9 Division 8.1 Vote to Dismiss a Councillor 179.1 Vote to dismiss a councillor 179.2 Regulations Division 9 Council Proceedings Requirements for Valid Action 180 Methods in which council may act 181 Requirements for valid bylaw or resolution Voting 182 Restriction to one vote per person 183 Requirement to vote and abstentions 184 Abstention from voting on matter discussed at public hearing 185 Recording of votes 185.1 Secret ballot 186 Tied vote Passing a Bylaw 187 Bylaw readings 188 Rescission of previous bylaw readings 189 Passing of bylaw 190 Coming into force 191 Amendment and repeal Meetings 192 Organizational meetings 193 Regular council meetings 194 Special council meetings 195 Council committee meetings 196 Notice of meeting 197 Public presence at meetings 198 Right of public to be present 199 Meetings by electronic means 200 Power to require taking of oath

Part 6 Municipal Organization and Administration 201 Council ’s principal role in municipal organization 201.1 Orientation training 202 Exercise of certain powers and duties

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 10 203 Delegation by council 204 Municipal office 205 Establishment of chief administrative officer 205.1 Performance evaluation 206 Appointment, suspensi on and revocation 207 Chief administ rative officer’s responsibilities 208 Performance of major administrative duties 208.1 Duty to provide information to councillor 209 Delegation by chief administrative officer 210 Designated officers 211 Revocation 212 Delegation by designated officer 212.1 Fidelity bond 213 Signing or authorization of municipal documents 214 Destruction of records 215 Prohibition of certain agreements with employees

Part 6.1 Publishing Employee Compensation 215.1

Definitions 215.2 Publishing employee compensation 215.3 Auditing municipality’s disclosure 215.4 Exemptions from publication 215.5 Ministerial publication of failure to comply 215.6 Limitation of actions 215.7 Regulations

Part 7 Public Participation 216.1 Public participation policy Meetings with the Public 216.2 Advertising 216.3 Improper conduct Public Hearings 216.4 When to hold public hearing 217 What information must a municipality provide Petitions 219 Rules for petitions 220 CAO duties 221 Petition sufficiency requirements

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 11 221.1 Petition requesting public meeting 222 Who can petition 223 Number of petitioners 224 Other requirements for a petition 225 Counting petitioners 226 Report on sufficiency of petition 226.1 Bylaws modifying petition requirements 226.2 Protection of personal information in petitions Petitions for Vote of the Electors - Advertised Bylaws and Resolutions 231 Petition for vote on advertised bylaws and resolutions Petitions for Vote of the Electors - New Bylaws 232 Petition for bylaw 233 Council ’s duty on receiving certain petition 234 Petitions respecting public vote bylaws 235 Result of a vote on a question Vote of the Electors - General Provisions 236 Electors to vote on a question 237 Local Authorities Election Act 238 Delaying votes 239 One year moratorium on similar subject-matter 240 Amendments or repeal of bylaws or resolutions voted on by electors

Part 7.1 Recall Petitions 240.1

Interpretation 240.2 Notice of recall petition 240.3 Recall petition time and sufficiency 240.4 Eligibility to sign a recall petition 240.5 Number of petitions 240.6 Other requirements for a recall petition 240.7 Counting petitioners 240.8 Report on sufficiency of recall petition 240.9 Insufficient re call petition 240.91 Sufficient recall petition 240.92 Required return of recall petition and destruction of copies 240.93 Protection of personal information in petitions 240.94 Recall process regulations

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 12 240.941 Transitional Recall Petition Finances and Advertising 240.95 Regulations — recall petition finances and advertising General 240.96 Ministerial powers

Part 8 Financial Administration 241

Definitions Budgets 242 Adoption of operating budget 243 Contents of operating budget 244 Financial shortfall 245 Adoption of capital budget 246 Contents of capital budget 247 Tax bylaws 248 Expenditure of money 248.1 Annual budget 249 Civil liability of councillors Investments 250 Authorized investments Borrowing 251 Borrowing bylaw 252 Debt limit 253 Use of borrowed money 254 Capital property 255 Exemption from borrowing conditions 256 Operating expenditures 257 Capital property — short-term borrowing 258 Capital property — long-term borrowing 259 Capital property — interim financing 260 Special works 261 Refinancing 262 Services or activities that are funded by agreement 263 Local improvements Loans and Guarantees 264 Purpose of loans and guarantees

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 13 265 Loan bylaws 266 Guarantee bylaw 268 Debt limit 268.1 Financial records and receipts General Matters 269 Financial year 270 Municipal accounts 271 Regulations 272 Seal and signatures 273 Validity of borrowings, loans and guarantees 274 Application of money borrowed 275 Civil liability of councillors Annual Financial Statements and Auditor’s Report 276 Annual financial statements 277 Financial information return 278 Returns and reports to Minister 279 Financial statements for controlled corporations 280 Auditors 281 Auditor ’s reports 283 Access to information by auditors Financial Plans and Capital Plans 283.1 Required plans

Part 9 Assessment of Property 284

Interpretation provis ions for Parts 9 to 12 284.1 Provincial assessor 284.2 Municipal assessor Division 1 Preparation of Assessments 285 Preparing annual assessments 289 Assessments for property other than designated industrial property 290 Land to be assessed as a parcel 290.1 Assessment of condominium unit 290.2 Assessment of strata space 291 Rules for assessing improvements 292 Assessments for designated industrial property 293 Duties of assessors

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 14 294 Right to enter on and inspect property 295 Duty to prov ide information 295.1 Assessor not bound by information received 296 Court authorized inspection and enforcement 297 Assigning assessment classes to property 297.1 Transitional 298 Non-assessable property 299 Access to municipal assessment record 299.1 Access to provincial assessment record 299.2 Municipal access to prov incial assessment record 300 Access to

summary of municipal assessment 300.1 Access to

summary of provincial assessment 301 Right to release assessment information 301.1 Relationship to Access to Information Act Division 2 Assessment Roll 302 Preparation of roll 303 Contents of roll 303.1 Contents of provincial assessment roll 304 Recording assessed persons 305 Correction of roll 305.1 Report to Minister 306 Severability of roll 307 Inspection of roll Division 3 Assessment Notices 308 Assessment notices 308.1 Notice of assessment date 309 Contents of assessment notice 310 Sending assessment notices 311 Publication of notice 312 Correction of notice Division 4 Preparation of Supplementary Assessments 313 Bylaw 314 Supplementary assessment 314.1 Supplementary assessment re designated industrial property 315 Supplementary assessment roll 316 Supplementary assessment notices

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 15 316.1 Contents of supplementary assessment notice Division 5 Equalized Assessments 317 Definition 317.1 Supplementary assessments 318 Preparation of equalized assessments 319 Duty to prov ide information 320 Sending equalized assessments to municipalities 321 Appeal of equalized assessment Division 6 General Powers of the Minister Relating to Assessments and Equalized Assessments 322 Regulations 322.1 Validation of Minister’s Guidelines 323 Minister ’s power to prepare assessments 324 Minister ’s power to quash assessments 325 Minister ’s power to alter an equalized assessment 325.1 Continuous bylaws — assessment

Part 10 Taxation Division 1 General Provisions 326

Definitions 327 Tax roll 328 Duty to prov ide information 329 Contents of tax roll 330 Correction of roll 331 Person liable to pay taxes 332 Taxes imposed on January 1 333 Tax notices 333.1 Tax agreements 334 Contents of tax notice 335 Sending tax notices 336 Certification of date of sending tax notice 337 Deemed receipt of tax notice 338 Correction of tax notice 339 Incentives 340 Instalments 341 Deemed receipt of tax payment 342 Receipt for payment of taxes

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 16 343 Application of tax payment 344 Penalty for non-payment in current year 345 Penalty for non-payment in other years 346 Penalties 347 Cancellation, reduction, refund or deferral of taxes 348 Tax becomes debt to municipality 348.1 Special priority lien for tax debt on linear property or machinery and equipment 349 Fire insurance proceeds 350 Tax certificates 351 Non-taxable property 352 Limitation on time for starting proceedings Division 2 Property Tax 353 Property tax bylaw 354 Tax rates 355 Calculating tax rates 356 Calculating amount of tax 357 Special provision of property tax bylaw 357.1 Tax rate for residential property 358.1 Maximum tax ratio 359 Requisitions 359.1 Alberta School Foundation Fund requisitions 359.2 School board requisitions 359.3 Designated industrial property assessment requisitions 359.4 Cancellation, reduction, refund or deferral of taxes 360 Tax agreement 361 Exemptions based on use of property 362 Exemptions for Government, churches and other bodies 362.1 Electric energy generat ion systems exemptions 363 Exempt property that can be made taxable 364 Exemptions granted by bylaw 364.1 Brownfield tax incentives 364.2 Tax incentives for property 364.3 Judicial review of decision under

section 364.2 365 Licensed premises 366 Grants in place of taxes 367 Property that is partly exempt and partly taxable 368 Changes in taxable status of property 369 Supplementary property tax bylaw 369.1 Continuous tax bylaws — tax 370 Regulations

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 17 Division 3 Business Tax 371 Business tax bylaw 372 Taxable business 373 Person liable to pay business tax 374 Contents of business tax bylaw 374.1 Assessment not required 375 Exempt businesses 376 Exemption when tax is payable under Division 2 377 Business tax rate bylaw 378 Calculating amount of tax 379 Supplementary business tax bylaw 380 Grants in place of taxes Division 4 Business Improvement Area Tax 381 Regulations Division 4.1 Community Revitalization Levy 381.1

Definitions 381.2 Community revitalization levy bylaw 381.3 Person liable to pay levy 381.4 Incremental assessed value not subject to equalized assessment or requisition 381.5 Regulations Division 5 Special Tax 382 Special tax bylaw 383 Taxable property 384 Contents of special tax bylaw 385 Condition 386 Use of revenue 387 Person liable to pay special tax Division 6 Well Drilling Equipment Tax 388 Well drilling equipment tax bylaw 389 Person liable to pay the tax 390 Calculation of the tax

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 18 Division 6.1 Clean Energy Improvement Tax 390.1

Interpretation 390.2 Eligibility of properties for clean energy improvements 390.3 Clean energy improvement tax bylaw 390.4 Clean energy improvement agreement 390.5 Person liable to pay clean energy improvement tax 390.6 Paying off a clean energy improvement tax 390.7 Refinancing of debt by council 390.8 Petitions 390.9 Regulations Division 7 Local Improvement Tax 391 Definition 392 Petitioning rules 393 Proposal of local improvement 394 Local improvement plan 395 Contents of plan 396 Procedure after plan is prepared 397 Local improvement tax bylaw 398 Contents of bylaw 399 Start-up of a local improvement 400 Person liable to pay local improvement tax 401 Paying off a local improvement tax 402 Variation of local improvement tax bylaw 403 Variation of local improvement tax rate 404 Unusual parcels 405 Municipality ’s share of the cost 406 Land required for local improvement 407 Exemption from local improvement tax 408 Sewers 409 Private connection to a local improvement Division 7.1 Community Aggregate Payment Levy 409.1 Community aggregate payment levy bylaw 409.2 Person liable to pay levy 409.3 Regulations Division 8 Recovery of Taxes Related to Land 410

Definitions

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 19 411 Methods of recovering taxes in arrears 412 Tax arrears list 413 Tax recovery notification 414 Removal of improvements 415 Right to pay tax arrears 416 Right to collect rent to pay tax arrears 417 Warning of sale 418 Offer of parcel for sale 419 Reserve bid and conditions of sale 420 Right to possession 421 Advertisement of public auction 422 Adjournment of auction 423 Right to a clear title 424 Transfer of parcel to municipality 425 Right to dispose of parcel 425.1 Minister ’s authority to transfer parcel 426 Revival of title on payment of arrears 427 Separate account for sale proceeds 428 Distribution of surplus sale proceeds 428.1 Payment of undistributed money to municipality 428.2 Transfer to municipality after 15 years 429 Prohibited bidding and buying 429.1 Right to place tax arrears on new parcels of land 430 Minerals 431 Acquisition of minerals 432 Right of way 433 When parcel becomes part of another municipality 434 Non-liability for condition of land 434.1 Action for condition of land prohibited 435 Continuation of proceedings 436 Deemed compliance with Act Division 8.1 Recovery of Taxes Related to Designated Manufactured Homes 436.01

Definitions 436.02 Methods of recovering taxes in arrears 436.03 Tax arrears list 436.04 Costs of recovery 436.05 Removal of designated manufa ctured home or improvements 436.06 Right to pay tax arrears 436.07 Right to collect rent to pay tax arrears 436.08 Warning of sale

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 20 436.09 Offer of designated manu factured home for sale 436.1 Reserve bid and conditions for sale 436.11 Right to possession 436.12 Advertisement of public auction 436.13 Adjournment of auction 436.14 Unencumbered ownership 436.15 Right to sell or dispose of designated manufactured home 436.16 Payment of tax arrears 436.17 Separate account for sale proceeds 436.18 Distribution of surplus sale proceeds 436.19 Payment of undistributed money to municipality 436.2 Transfer to municipality after 10 years 436.21 Prohibited bidding and buying 436.22 Manufactured home moved to another municipality 436.23 Regulations 436.24 Reporting requirements Division 9 Recovery of Taxes Not Related to Land 437

Definitions 438 Methods of recovering taxes in arrears 439 Right to issue distress warrant 440 Seizure of goods 441 Goods affected by distress warrant 442 Date for issuing distress warrant 443 Right to pay tax arrears 444 Right to collect rent to pay tax arrears 445 Sale of property 446 Date of public auction 447 Exception to sale at auction 448 Transfer to municipality 449 Separate account for sale proceeds 450 Distribution of surplus sale proceeds 451 Seizure of designated manufactured home 452 Regulations

Part 11 Assessment Review Boards Division 1 Establishment and Function of Assessment Review Boards 453

Interpretation 454 Assessment review boards to be established

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 21 454.1 Appointment of members to local assessment review board 454.11 Panels of local assessment review board 454.2 Appointment of members to composite assessment review board 454.21 Panels of composite assessment review board 454.3 Qualifications of members 455 Joint establishment of assessment review boards 456 Clerk 457 Replacement of panel members 458 Quorum 459 Decision 460 Complaints 460.1 Jurisdiction of assessment review boards 461 Address to which a complaint is sent 462 Notice of assessment review board hearing 463 Absence from hearing 464 Proceedings before assessment review board 464.1 Hearings open to public 465 Notice to attend or produce 466 Protection of witnesses Division 2 Decisions of Assessment Review Boards 467 Decisions of assessment review board 467.1 Appeal to composite assessment review board 468 Assessment review board decisions 468.1 Costs of proceedings 468.2 Effect of order relating to costs 469 Notice of decision 470 Judicial review 471 Technical irregularities Division 4 General Matters 476.1 Referral of unfair assessment to Minister 477 Required changes to rolls 478 Right to continue proceedings 479 Obligation to pay taxes 480 Prohibition 481 Fees 482 Admissible evidence at hearing 483 Decision admissible by judicial review 484 Immunity 484.1 Regulations

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 22

Part 12 Land and Property Rights Tribunal 485

Definitions Division 1 Jurisdiction of the Land and Property Rights Tribunal 487.1 Hearing related to assessment 488 Jurisdiction of the Tribunal 488.01 ALSA regional plans 488.1 Limit on Tribunal ’s jurisdiction Division 2 Hearings Before the Tribunal 491 Form of complaint 492 Complaints about designated industrial property 493 Duty of chair on receiving a form 494 Notice of hearing before the Tribunal 495 Absence from hearing 499 Decisions of the Tribunal 500 Tribunal decisions 501 Costs of proceedings 502 Effect of decision relating to costs 504 Rehearing 505 Notice of decision 508 Intervention by municipality Division 4 Inquiries by the Tribunal 514 Referrals to the Tribunal 515 Report Division 5 General Matters 516 Referral of unfair assessment to Minister 517 Required changes to rolls 518 Right to continue proceedings 519 Obligation to pay taxes 524 Powers of the Tribunal 525 Admissible evidence at hearing 525.1 Hearings open to public 527.1 Regulations

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 23

Part 13 Liability of Municipalities, Enforcement of Municipal Law and Other Legal Matters Division 1 Liability of Municipalities 527.2 Acting in accordance with statutory authority 528 Non-negligence actions 529 Exercise of discretion 530 Inspections and maintenance 531 Snow on roads 532 Repair of roads, public places and public works 533 Things on or adjacent to roads 534 Public works affecting land Division 2 Liability of Councillors and Others 535 Protection of councillors and municipal officers 535.1 Protection of sporting commissions 535.2 Protection of fire service organizations Division 3 Challenging Bylaws and Resolutions 536 Application to the Court of King ’s Bench 537 Procedure 538 Validity relating to public participation 539 Reasonableness 540 Effect of councillor being disqualified Division 4 Enforcement of Municipal Law 541

Definitions 542 Municipal inspections and enforcement 543 Court authorized inspections and enforcement 544 Inspecting meters 545 Order to remedy contraventions 546 Order to remedy dangers and unsightly property 546.1 Caveat 547 Review by council 548 Appeal to Court of King ’s Bench 549 Municipality remedying contraventions, dangers and unsightly property 551 Emergencies

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 24 552 Recovery of amounts owing by civil action 553 Adding amounts owing to tax roll 553.1 Adding amounts owing to property tax roll 553.2 Adding amounts owing to business tax roll 554 Injunction 554.1 Municipality ’s costs in actions 555 Bylaw enforcement officers 556 Powers and duties of bylaw enforcement officers Division 5 Offences and Penalties 557 General offences 558 Offences applicable to officials 559 Unauthorized use of heraldic emblems 560 Documents used to enforce bylaws 562 Obstructing construction of public work or utilities 563 Stop-cock 564 Operating a business without a licence 565 Prosecutions 566 Penalty 567 Order for compliance 568 Fines and penalties 569 Civil liability not affected

Part 14 General Ministerial Powers 570 Intermunicipal disagreements 570.01 Measures to ensure compliance with ALSA regional plans 570.1 Information 571 Inspection 572 Inquiry 573 Bank accounts 574 Directions and dismissal 575 Official administrator as supervisor 575.1 Reports of offici al administrators 575.2 Enforcement where municipality under supervision 576 Remuneration for official administrator 577 Providing Minister with copies and information 578 Delegation 579 Fees 579.1 Minister’s decisions 580 Regulations

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 25

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

Part 15.1 Regional Services Commissions 602.01

Interpretation Division 1 Establishment and Operation 602.02 Establishing commissions 602.03 Resolution and notification 602.04 List of commissions 602.05 Corporation 602.06 Board of directors 602.07 Directors representing Province 602.08 Delegation 602.09 Bylaws 602.1 Meetings 602.11 Compliance with growth plan and ALSA regional plan 602.12 Control of profit corporations

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 26 Division 2 Powers and Duties 602.13 Natural person powers 602.14 Service area 602.15 Profit and surpluses 602.16 Traffic Safety Act 602.17 Acquisition of land 602.18 Expropriation 602.19 Public utility disputes 602.2 Other disputes 602.21 Order of Land and Property Rights Tribunal Division 3 Financial Matters 602.22 Financial year 602.23 Operating budget 602.24 Financial shortfall 602.25 Capital budget 602.26 Expenditure of money 602.27 Annual budget 602.28 Civil liability of directors re expenditure 602.29 Authorized investments 602.3 Use of borrowed money 602.31 Borrowing 602.32 Debt limit regulations 602.33 Civil liability of directors re borrowing 602.34 Loans and guarantees 602.35 Financial information return 602.36 Audited financial statements 602.37 Distribution of returns and statements Division 4 Minister’s Powers 602.38 Inspection 602.39 Directions and dismissal 602.4 Official administrator as supervisor 602.41 Reports of offici al administrators 602.42 Enforcement when commission under supervision 602.43 Remuneration for official administrator 602.44 Providing Minister with copies and information 602.45 Ministerial orders 602.46 Ministerial regulations

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 27 Division 5 Transitional Provisions and Ministerial Regulations 602.47 Transitional provisions 602.48 Ministerial regulations

Part 16 Miscellaneous 603 Lieutenant Governor in Council regulations 603.01 Direction to amend or repeal bylaws 603.02 Regulations 603.1 Validation of regulations 604 Ministerial regulations 604.1 Determining population 605 Altering dates and time periods 606 Requirements for advertising 606.1 Advertisement bylaw 607 Service of documents 608 Sending documents 608.1 Bylaws for sending certain documents electronically 609 Adverse possession of land 610 Lost or unclaimed property 611 Unclaimed utility deposits 612 Certified copies 613 Calgary Charter 615.1 Municipal emergency exemption 615.11 Requirement to take action 615.2 Agreements under Aeronautics Act (Canada)

Part 17 Planning and Development 616

Definitions 617 Purpose of this

Part 618 Non-application of this

Part 618.2 Bylaws binding 618.3 ALSA regional plans 618.4 Land use policies Division 1 Other Authorizations, Compensation 619 NRCB, ERCB, AER, AEUB or AUC authorizations 620 Conditions prevail 621 Compensation

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 28 Division 3 Planning Authorities 623 Subdivision authority an d development authority 625 Planning authorities 627 Appeal board established 627.1 Clerks 627.3 Regulations 628.1 Immunity 629 Appeal board evidence 630 Signature evidence 630.1 Fees Division 4 Statutory Plans Intermunicipal Development Plans 631 Intermunicipal development plans 631.1 Order for intermunicipal development plan Municipal Development Plans 632 Municipal development plans Area Structure Plans 633 Area structure plan Area Redevelopment Plans 634 Area redevelopment plans 635 Plan contents General Provisions 636 Statutory plan preparation 637 Effect of plans 638 Consistency of plans 638.2 Listing and publishing of policies Division 5 Land Use 640 Land use bylaw 640.2 Transitional — alternative time period in land use bylaw 640.3 Community design codes 641 Designation of direct control districts 642 Permitted and discretionary uses

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 29 643 Non-conforming use and non-conforming buildings 644 Acquisition of land designated for public use 645 Stop order 646 Enforcement of stop order Division 6 Development Levies and Conditions 647 Redevelopment levies 648 Off-site levy 648.01 Intermunicipal off-site levy 648.1 Appeal of off-site levy 648.2 Calculation of off-site levy 648.3 Consultation with stakeholders 648.4 Annual report 649 Levy bylaws 650 Condition of issuing development permit 651 Agreements re oversize improvements 651.1 Restrictive covenant 651.2 Encroachment agreements Division 7 Subdivision of Land 652 Subdivision approval required 653 Application for subdivision approval 653.1 Subdivision applications 654 Approval of application 655 Conditions of subdivision approval 656 Decision 657 Subdivision registration 658 Cancellation of plan of subdivision 659 Collection of taxes 660 Cancellation registered Division 8 Reserve Land, Land for Roads and Utilities 661 Land dedication 661.1 Land for conservation reserve 662 Roads, utilities, etc. 663 Reserves not required 664 Environmental reserve 664.1 Agreement respecting environmental reserve 664.2 Conservation reserve 665 Designation of municipal land

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 30 666 Municipal and school reserves 667 Money in place of municipal, school reserve 669 Deferment of municipal and school reserves 670 Allocation of municipal and school reserve 670.1 Joint use and planning agreements Division 9 Use and Disposal of Reserve Land 671 Use of reserve land, money 672 Transfer of school and other reserves to municipality 673 Transfer to school authority 674 Requirement for hearing 674.1 Disposal of conservation reserve 675 Removal of designation 676 Changes to environmental reserve ’s use or boundaries 677 Road, etc., over reserve land Division 10 Subdivision and Development Appeals 677.1 Appeal board bylaw Subdivision Appeals 678 Appeals 679 Notice of hearing 680 Hearing and decision 681 Failure to make decision 682 Endorsement of subdivision plan Development Permits 683 Permit 683.1 Development applications 683.2 Development statistics Development Appeals 684 Permit deemed refused 685 Grounds for appeal 686 Appeals 687 Hearing and decision Court of Appeal 688 Law, jurisdiction appeals 689 Decision on appeal

RSA 2000

Chapter M-26 MUNICIPAL GOVERNMENT ACT 31 Division 11 Intermunicipal Disputes 690 Intermunicipal disputes 691 Tribunal hearing Division 12 Bylaws, Regulations 692 Planning bylaws 693 Airport vicinity regulations 693.1 Development in floodways 694 Regulations Division 13 Transitional 697 Zoning caveat

Part 17.1 Growth Management Boards 708.01

Interpretation 708.011 Purpose Division 1 Establishment and Operation of Growth Management Boards 708.02 Establishing a growth management board 708.03 Corporation 708.04 Appointment of representative 708.041 Meetings of growth management board 708.05 Powers and duties of growth management board 708.06 Consistency with ALSA regional plans 708.061 Conformity with growth plan 708.07 Delegation 708.08 Bylaws Division 2 Approval and Effective Date of Growth Plan 708.17 Information must be provided 708.18 Matters before the Land and Property Rights Tribunal 708.19 Limitation of actions 708.2 No remedy 708.21 Proceedings barred 708.22 No expropriation or injurious affection 708.24 Ministerial orders

RSA 2000 MUNICIPAL GOVERNMENT ACT

Chapter M-26 32

Part 17.2 Intermunicipal Collaboration 708.26

Definitions 708.27 Purpose Division 1 Intermunicipal Collaboration Framework 708.28 Requirements for framework 708.29 Contents of framework 708.291 Court order to comply 708.31 Conflict or inconsistency 708.32 Term and review 7 08.321 Participation by Indian bands and Metis settlements 708.33 Method of creating framework Division 2 Arbitration 708.34 Application 708.35 Arbitration 708.36 Role of arbitrator 708.38 Matters to be considered by arbitrator 708.4 Municipalities must adopt framework and amend bylaws 708.41 Costs of arbitrator 708.411 Remuneration of experts 708.412 Minister may make orders 708.43 Measures to ensure compliance with award Division 3 General 708.47 Regulations Act does not apply 708.471 Obligations continue during dispute 708.48 Jurisdiction of arbitrator 708.49 Limitation period 708.5 Arbitration Act 708.51 Paramountcy of

Part 17.2 708.52 Regulations 708.53 Ministerial orders

Part 18 Transitional Provisions 710 Transitional regulations

RSA 2000

Section 1

Chapter M-26 MUNICIPAL GOVERNMENT ACT 33

Preamble

WHEREAS Alberta’s municipalities, governed by democratically elected officials, are established by the Province, and are empowered to provide responsible and accountable local governance in order to create and sustain safe and viable communities;

WHEREAS Alberta’s municipalities play an important role in Alberta’s economic, environmental and social prosperity today and in the future;

WHEREAS the Government of Alberta recognizes the importance of working together with Alberta’s municipalities in a spirit of partnership to co-operatively and collaboratively advance the interests of Albertans generally; and

WHEREAS the Government of Alberta recognizes that Alberta’s municipalities have varying interests and capacity levels that require flexible approaches to support local, intermunicipal and regional needs; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “ALSA regional plan” means a regional plan as defined in the Alberta Land Stewardship Act; (a.1) “business” means (

i) a commercial, merchandising or industrial activity or undertaking, (ii) a profession, trade, oc cupation, calling or employment, or (iii) an activity providing goods or services, whether or not for profit and however organized or formed, including a co-operative or association of persons; (b) “by-election” means an election to fill a vacancy on a council other than at a general election; (c) “chief administrative officer” means a person appointed to a position under

section 205;

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Section 1 MUNICIPAL GOVERNMENT ACT

Chapter M-26 34 (d) “chief elected official” means the person elected or appointed as chief elected official under

section 150; (e) “council” means (

i) the council of a city, town, village, summer village, municipal district or specialized municipality, (ii) repealed 1995 c24 s2, (iii) the council of a town under the Parks Towns Act, or (iv) the council of a municipality incorporated by a special Act; (f) “council committee” means a committee, board or other body established by a council under this Act but does not include an assessment review board established under

section 454 or a subdivision and development appeal board established under

section 627; (g) “councillor” includes the chief elected official; (h) “designated officer” means a person appointed to a position established under

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

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

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

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

an Act of the Parliament of Canada, but does not include a bylaw made by a council; (k) “general election” means an election held to fill vacancies on council caused by the passage of time, and includes a first election; (k.1) “growth management board” means a growth management board established under

Part 17.1; (k.2) “Indian band” means a ba nd within the meaning of the Indian Act (Canada);

RSA 2000

Section 1

Chapter M-26 MUNICIPAL GOVERNMENT ACT 35 (k.3) “Indian reserve” means a re serve within the meaning of the Indian Act (Canada); (l) “Land and Property Rights Tribunal” means the Land and Property Rights Tribunal established under the Land and Property Rights Tribunal Act; (m) “local authority” means (

i) a municipal authority, (ii) a provincial he alth agency or regional health authority under the Provincial Health Agencies Act, (iii) a regional services commission, and (iv) the board of trustees of a school division under the Education Act; (n) “market value” means the amou nt that a property, as defined in

section 284(1)(r), might be expected to realize if it is sold on the open market by a willing seller to a willing buyer; (o) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (p) “municipal authority” means a municipality, improvement district and special area and, if the context requires, in the case of an improvement district and special area, (

i) the geographical area of the improvement district or special area, or (ii) the Minister, where the im provement district or special area is authorized or required to act; (

q) repealed 2020 cL-2.3 s24(2); (r) “municipal purposes” means the purposes set out in

section 3; (s) “municipality” means (

i) a city, town, village, summer village, municipal district or specialized municipality, (ii) repealed 1995 c24 s2, (iii) a town under the Parks Towns Act, or

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Section 1 MUNICIPAL GOVERNMENT ACT

Chapter M-26 36 (iv) a municipality formed by special Act, or, if the context requires, the geographical area within the boundaries of a municipality described in subclauses (

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

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

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

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

Part 5, Division 6; (x) “population” means popula tion as determined by, and specified by order of, the Minister under

section 604.1; (y) “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;

RSA 2000

Section 1

Chapter M-26 MUNICIPAL GOVERNMENT ACT 37 (iii) public transportation oper ated by or on behalf of the municipality; (iv) irrigation; (

v) drainage; (vi) fuel; (vii) electric power; (viii) heat; (ix) waste management; (

x) residential and commercial street lighting, and includes the thing that is provided for public consumption, benefit, convenience or use; (y.1) “regional services commission” means a regional services commission under

Part 15.1; (z) “road” means land (

i) shown as a road on a plan of survey that has been filed or registered in a land titles office, or (ii) used as a public road, and includes a bridge forming part of a public road and any structure incidental to a public road; (z.1) “summer village residence” m eans a parcel of land having at least one building the whole or any part of which was designed or intended for, or is used as, a residence by one person or as a shared residence by 2 or more persons, whether on a permanent, seasonal or occasional basis; (aa) “tax” means (

i) a property tax, (ii) a business tax, (iii) a business improvement area tax, (iii.1) a community revitalization levy, (iv) a special tax,

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Chapter M-26 38 (

v) a well drilling equipment tax, (v.1) a clean energy improvement tax, (vi) a local improvement tax, and (vii) a community aggregate payment levy; (bb) “taxpayer” means a person liable to pay a tax; (cc) “whole council” means (

i) all of the councillors that comprise the council under

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

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

section 160 or 168, the remaining councillors.

(1.1) Repealed 2019 c22 s10(2).

(1.2) In this Act, a reference to a body of water is to be interpreted as a reference to (

a) a permanent and naturally occurring water body, or (

b) a naturally occurring river, stream, watercourse or lake.

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

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

b) all or a majority of its me mbers or directors are appointed by the municipality or group of municipalities.

(2.1) For the purposes of the definition of “summer village residence” in subsection (1)(z.1), “building” includes (

a) a manufactured home, as defined in

section 284(1)(m),

RSA 2000

Section 2

Chapter M-26 MUNICIPAL GOVERNMENT ACT 39 (

b) a mobile home, as defined in

section 284(1)(n.1), (

c) a modular home, as defined in

section 284(1)(n.2), or (

d) a travel trailer, as de fined in

section 284(1)(w.1), but does not include a tent.

(3) For the purposes of this Act, a meeting or part of a meeting is considered to be closed to the public if (

a) any members of the public are not permitted to attend the entire meeting or part of the meeting, (

b) the council, committee or other body holding the meeting instructs any member of the public to leave the meeting or part of the meeting, other than for improper conduct, or (

c) the council, committee or other body holding the meeting holds any discussions separate from the public during the meeting or part of the meeting. RSA 2000 cM-26 s1;2005 c14 s2;2012 cE-0.3 s279;2013 c17 s2; 2015 c8 s2;2016 c24 s4;2017 c13 s1(2);2017 c22 s38;2018 c6 s2; 2019 c22 s10(2);2020 cL-2.3 s24(2);2022 c16 s9(2);2023 c9 s19(2); 2024 c10 s31 Application of Act 2(1) This Act applies to all municipalities and improvement districts.

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

a) repealed 1995 c24 s3, (

b) the Parks Towns Act, or (

c) a special Act forming a municipality, the other Act prevails. 1994 cM-26.1 s2;1995 c24 s3 Indian reserves 2.1 No municipality, improvement district or special area constituted under the Special Areas Act includes land set apart as an Indian reserve. 2016 c24 s5;2017 c13 s2(2)

RSA 2000

Section 3 MUNICIPAL GOVERNMENT ACT

Chapter M-26 40

Part 1 Purposes, Powers and Capacity of Municipalities Municipal purposes 3 The purposes of a municipality are (

a) to provide good government, (a.1) to foster the well-being of the environment, (a.2) to foster the economic development of the municipality, (

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

c) to develop and maintain safe and viable communities, and (

d) to work collaboratively with neighbouring municipalities to plan, deliver and fund intermunicipal services. RSA 2000 cM-26 s3;2016 c24 s6;2017 c13 s1(3); 2022 c16 s9(3) Corporation 4 A municipality is a corporation. 1994 cM-26.1 s4 Powers, duties and functions 5 A municipality (

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

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

c) has the functions that are described in this and other enactments. 1994 cM-26.1 s5 Natural person powers 6 A municipality has natural person powers, except to the extent that they are limited by this or any other enactment. 1994 cM-26.1 s6

RSA 2000

Section 7

Chapter M-26 MUNICIPAL GOVERNMENT ACT 41

Part 2 Bylaws Division 1 General Jurisdiction General jurisdiction to pass bylaws 7 Subject to

section 7.1, a council may pass bylaws for municipal purposes respecting the following matters: (

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

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

c) nuisances, including unsightly property; (

d) transport and transportation systems; (

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

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

g) public utilities; (

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

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

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

section 44 of the Provincial Offences Procedure Act is reduced by a specified amount if the penalty is paid within a specified time; (

v) providing for imprisonment for not more than one year for non-payment of a fine or penalty;

RSA 2000

Section 7.1 MUNICIPAL GOVERNMENT ACT

Chapter M-26 42 (vi) providing that a person who contravenes a bylaw may pay an amount established by bylaw and if the amount is paid, the person will not be prosecuted for the contravention; (vii) providing for inspections to determine if bylaws are being complied with; (viii) remedying contraventions of bylaws. RSA 2000 cM-26 s7;2022 c5 s2 Face mask and proof of COVID-19 vaccination bylaws 7.1(1) Subject to subsections (5) and (6), on the coming into force of this section, a council may not, unless approved by the Minister, bring into force a bylaw or an amendment to a bylaw that requires one or both of the following: (

a) an individual to wear a face mask or other face covering for the primary purpose of preventing or limiting the spread of COVID-19 or any other communicable disease, as defined in the Public Health Act; (

b) an individual to provid e proof of vaccination against COVID-19 or proof of a negative COVID-19 test on entering a premises.

(2) The Minister shall consider the public interest and consult with the Chief Medical Officer of Health appointed under the Public Health Act in determining whether to approve a bylaw or an amendment to a bylaw referred to in subsection (1).

(3) A bylaw or any portion of a bylaw that requires an individual to wear a face mask or other face covering for the primary purpose of preventing or limiting the spread of COVID-19 or any other communicable disease, as defined in the Public Health Act, and that is in effect on the coming into force of this

section is repealed on the coming into force of this section.

(4) A bylaw or any portion of a bylaw that requires an individual to provide proof of vaccination against COVID-19 or proof of a negative COVID-19 test on entering a premises and that is in effect on the coming into force of this

section is repealed on the coming into force of this section.

(5) The repeal of a bylaw under subsection (3) or (4) does not invalidate any enforcement efforts made pursuant to the bylaw when the bylaw was in force.

RSA 2000

Section 8

Chapter M-26 MUNICIPAL GOVERNMENT ACT 43

(6) This

section does not apply to a bylaw or a portion of a bylaw that applies only to property owned or leased and operated by a municipality. 2022 c5 s3 Powers under bylaws 8(1) Subject to

section 7.1, without restricting

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

a) regulate or prohibit; (

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

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

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

v) setting out the conditions that must be met before a licence, permit or approval is granted or renewed, the nature of the conditions and who may impose them; (vi) providing for the duration of licences, permits and approvals and their suspension or cancellation for failure to comply with a term or condition or the bylaw or for any other reason specified in the bylaw; (c.1) establish and specify the fees, rates, fares, tariffs or charges that may be charged for the hire of taxis or limousines;

RSA 2000

Section 9 MUNICIPAL GOVERNMENT ACT

Chapter M-26 44 (

d) provide for an appeal, the body that is to decide the appeal and related matters.

(2) Subject to

section 7.1, without restricting

section 7, 2 or more municipalities may, by bylaw adopted by the council of each participating municipality, establish an intermunicipal business licensing program.

(3) The Minister may make regulations respecting intermunicipal business licensing programs. RSA 2000 cM-26 s8;2022 c5 s4;2022 c16 s9(4) Guides to interpreting power to pass bylaws 9 The power to pass bylaws under this Division is stated in general terms to (

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

b) enhance the ability of councils to respond to present and future issues in their municipalities. 1994 cM-26.1 s9 Bylaw passing powers in other enactments 10(1) In this section, “specific bylaw passing power” means a municipality’s power or duty to pass a bylaw that is set out in an enactment other than this Division, but does not include a municipality’s natural person powers.

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

(3) If there is an inconsistency between a bylaw passed under this Division and one passed under a specific bylaw passing power, the bylaw passed under this Division is of no effect to the extent that it is inconsistent with the specific bylaw passing power. 1994 cM-26.1 s10 Relationship to natural person powers 11(1) Despite

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

(2) Section 7(

i) does not apply to a bylaw passed under a municipality’s natural person powers. 1994 cM-26.1 s11

RSA 2000

Section 12

Chapter M-26 MUNICIPAL GOVERNMENT ACT 45 Division 2 Scope of Bylaws Geographic area of bylaws 12 A bylaw of a municipality applies only inside its boundaries unless (

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

b) this or any other enactment says that the bylaw applies outside the boundaries of the municipality. 1994 cM-26.1 s12 Relationship to Provincial law 13 If there is a conflict or inconsistency between a bylaw and this or another enactment, the bylaw is of no effect to the extent of the conflict or inconsistency. RSA 2000 cM-26 s13;2015 c8 s3

Part 3 Special Municipal Powers and Limits on Municipal Powers Division 1 Expropriation Expropriation powers 14(1) In this section, “organization” means any of the following organizations in which the municipality is a member or has acquired shares: (

a) a society under the Societies Act; (

b) an association registered under

Part 9 of the Companies Act; (

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

d) a controlled corporation as defined in

section 75.1.

(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,

RSA 2000

Section 15 MUNICIPAL GOVERNMENT ACT

Chapter M-26 46 (

b) to carry out an area redevelopment plan under

Part 17, 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

Part 17 or a redevelopment, or (

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

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

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

section 72.

(5) When the council is of the opinion that the municipality can obtain a more reasonable price or other advantage by acquiring the whole or a larger portion of any parcel of land of which a part may be expropriated by the municipality, the municipality may expropriate the whole or the larger portion of the parcel. RSA 2000 cM-26 s14;2016 c24 s7 Expropriating part of a parcel 15(1) If a municipality’s notice of intention to expropriate proposes to expropriate a portion of a parcel of land, the owner of the parcel may apply to the Land and Property Rights Tribunal to direct the municipality to expropriate the whole of the parcel.

(2) The Tribunal may direct the municipality to expropriate the whole of the parcel of land if, in the opinion of the Tribunal, the expropriation of a part of the parcel is unfair to the owner of the parcel. RSA 2000 cM-26 s15;2020 cL-2.3 s24(3) Division 2 Roads Title to roads 16(1) The title to all roads in a municipality, other than a city, is vested in the Crown in right of Alberta.

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

RSA 2000

Section 16.1

Chapter M-26 MUNICIPAL GOVERNMENT ACT 47

(3) Nothing in this

section gives a city title to mines and minerals. 1994 cM-26.1 s16 Acquiring land for roads by agreement 16.1(1) In this section, “owner” includes (

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

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

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

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

b) a certificate of a desi gnated officer stating that (

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

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

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

section and the title to any mines or minerals is not affected by the filing of any plan of survey pursuant to this section. 2022 c16 s9(5) Disposal of estate or interest in roads 17(1) Subject to any other Act or agreement, the council of a city has the power and is deemed always to have had the power to dispose of an interest in a road in the city so long as the disposition does not amount to a sale or lease or require a road closure under

section 22.

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Section 18 MUNICIPAL GOVERNMENT ACT

Chapter M-26 48

(2) No interest disposed of under subsection (1) may be registered in a land titles office. 1994 cM-26.1 s17 Control of roads 18(1) Subject to this or any other Act, a municipality has the direction, control and management of all roads within the municipality.

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

(3) Nothing in this

section gives a municipality the direction, control and management of mines and minerals. 1994 cM-26.1 s18 Rocky Mountains Forest Reserve 19 In The Municipal District of Bighorn No. 8 and Clearwater County, the Minister of Transportation and Economic Corridors has the direction, control and management of roads within the Rocky Mountains Forest Reserve constituted under the Forest Reserves Act. RSA 2000 cM-26 s19;2007 c16 s5;2013 c10 s21;2022 c21 s57 Specialized municipalities 20(1) The Minister of Transportation and Economic Corridors has the direction, control and management of roads within a specialized municipality that has been formed in whole or in part from an improvement district.

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

(3) If there is an agreement under subsection (2), the Minister of Transportation and Economic Corridors may require that a specialized municipality pay for the cost of fulfilling the Minister’s responsibilities with respect to roads within the specialized municipality, and the specialized municipality must pay the amount of the requisition as soon as practicable after the requisition is made. RSA 2000 cM-26 s20;2007 c16 s5;2013 c10 s21;2022 c21 s57

RSA 2000

Section 21

Chapter M-26 MUNICIPAL GOVERNMENT ACT 49 Land abutting roads 21 If a municipality acquires land abutting a road intending that the land will become part of the road and, before the land is incorporated into the road, the municipality grants to an adjoining land owner a licence or permit to occupy the land, the land subject to the licence or permit is deemed to be part of the road. 1994 cM-26.1 s21;1996 c30 s2 Road closure 22(1) No road in a municipality that is subject to the direction, control and management of the municipality may be closed except by bylaw.

(2) Before giving second reading to a bylaw that would close a road, a council must hold a public hearing with respect to the proposed bylaw in accordance with

section 216.4 after giving notice of it in accordance with

section 606.

(3) No road may be closed by bylaw of the council of a municipality that is not a city unless the bylaw is approved by the Minister of Transportation and Economic Corridors before it receives second reading.

(4) Despite this section, the council of a municipal district may, by resolution, with the approval of the Minister of Transportation and Economic Corridors, close the whole or any part of a road described in a surveyed road plan if the council determines the road is no longer required for use by the travelling public because an alternate route exists.

(5) Despite this section, a council may, by resolution, temporarily close or authorize a designated officer to temporarily close the whole or a part of a road at any time if the council considers that a construction or maintenance project on or adjacent to the road may create a hazard. RSA 2000 cM-26 s22;2007 c16 s5;2013 c10 s21;2022 c16 s9(6); 2022 c21 s57 Compensation 23(1) Any person who occupies, owns or has an interest in land that sustains damages through the closing of a road by bylaw must be compensated for the damages.

(2) If the municipality is not able to agree with the claimant on the amount of compensation, the compensation must be determined by the Land and Property Rights Tribunal.

(3) This

section does not apply in respect of the removal of

RSA 2000

Section 26 MUNICIPAL GOVERNMENT ACT

Chapter M-26 50 (

a) a roadway of a street or pa rt of a street that provides a physical means of access to or from a controlled street, or (

b) a direct physical means of access between a controlled street and land adjacent to the controlled street under

section 28 of the Highways Development and Protection Act. RSA 2000 cM-26 s23;2004 cH-8.5 s69;2020 cL-2.3 s24(40) 24 and 25 Repealed 2022 c16 s9(7). Temporary roads and rights of way 26(1) In this section, “private land” means land that is not owned by the Crown in right of Alberta or of Canada or their agents.

(2) A council may by bylaw open a temporary road or a temporary right of way on private land for not more than 2 years.

(3) Repealed 2022 c16 s9(8).

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

(5) If there is no agreement on compensation, the compensation must be decided by the Land and Property Rights Tribunal.

(6) Section 22 does not apply to a temporary road or right of way established under this section. RSA 2000 cM-26 s23;2020 cL-2.3 s24(40);2022 c16 s9(8) Leases 27(1) This

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

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

(3) If the whole or a part of a road is reopened, the council must send a copy of the bylaw to the Minister of Transportation and Economic Corridors. RSA 2000 cM-26 s27;2007 c16 s5;2013 c10 s21;2022 c21 s57 Forestry roads 27.1(1) In this

section and sections 27.2 to 27.5,

RSA 2000

Section 27.2

Chapter M-26 MUNICIPAL GOVERNMENT ACT 51 (a) “agreement holder” means the person who has entered into an agreement with a municipality under

section 27.2; (b) “former forestry road” means a road within a municipality that was designated as a forestry road under

section 6 of the Highways Development and Protection Act or under

section 14 of the Public Highways Development Act, but does not include a forestry road that has subsequently been designated as a provincial highway under the Highways Development and Protection Act or designated as a primary highway under the Public Highways Development Act.

(2) No person may use a former forestry road for commercial or industrial purposes unless the person is authorized to use the road for a commercial or industrial purpose under an agreement referred to in

section 27.2.

(3) Nothing in this

section prevents a person from using a former forestry road for a purpose other than a commercial or industrial purpose. RSA 2000 cM-26 s27.1;2004 cH-8.5 s69 Forestry road agreement 27.2(1) A municipality may enter into an agreement with a person with respect to a former forestry road that (

a) authorizes the person to use the road for commercial and industrial purposes, (

b) authorizes the person (

i) to allow others to use the road for commercial or industrial purposes, and (ii) to charge those others a fee for that use, (

c) requires the person to maintain the road according to specifications or standards referred to in the agreement and to be responsible for capital improvements to the road, and (

d) deals with any other matter concerning the road that the parties consider appropriate.

(2) If the agreement holder does not maintain the former forestry road in accordance with the agreement and the municipality incurs costs in maintaining the road, the costs incurred by the municipality are an amount owing by the agreement holder to the municipality.

(3) An agreement holder must not charge a person who uses a former forestry road for a commercial or industrial purpose an

RSA 2000

Section 27.5 MUNICIPAL GOVERNMENT ACT

Chapter M-26 52 amount that exceeds a reasonable fee based on the increased maintenance and administrative costs of the agreement holder as a result of the person’s use of the road. RSA 2000 cM-26 s27.2;2022 c16 s9(9) 27.3 and 27.4 Repealed 2022 c16 s9(10). Unauthorized commercial or industrial use 27.5(1) A person who contravenes

section 27.1(2) is liable to pay to the agreement holder, for each day that the contravention occurs, 5% of the agreement holder’s cost of maintaining and adding capital improvements to the former forestry road in the calendar year preceding the contravention.

(2) The agreement holder may collect the amount the agreement holder is owed under subsection (1) by civil action for debt. 1998 c24 s3 Existing agreements 27.6 Where an order designating a road as a forestry road under

section 6 of the Highways Development and Protection Act or

section 14 of the Public Highways Development Act is repealed, any existing agreements made by the Minister of Transportation and Economic Corridors in respect of the road are deemed to be agreements made by the municipality in which the road exists. RSA 2000 cM-26 s27.6;2004 cH-8.5 s69;2022 c21 s57 Division 3 Public Utilities General

Definitions 28 In this Division, (a) “customer” has the meaning given to it in the Electric Utilities Act; (a.1) “easement” means an easement, interest or right held by a municipality for the purpose of locating the system or works of a municipal public utility; (b) “municipal public utility” means the system or works of a public utility operated by or on behalf of a municipality or a subsidiary of a municipality within the meaning of

section 1(3) of the Electric Utilities Act other than under an agreement referred to in

section 45; (c) “municipal utility service” means a utility service provided by a municipal public utility;

RSA 2000

Section 28.1

Chapter M-26 MUNICIPAL GOVERNMENT ACT 53 (d) “non-municipal public utility” means the system or works of a public utility operated by or on behalf of a person under an agreement referred to in

section 45; (d.1) “retailer” has the meaning given to it in the Electric Utilities Act; (e) “service connection” means th e part of the system or works of a public utility that runs from the main lines of the public utility to a building or other place on a parcel of land for the purpose of providing the utility service to the parcel and includes those parts of the system or works described in

section 29; (f) “utility service” m eans the thing that is provided by the system or works of a public utility. RSA 2000 cM-26 s28;2003 cE-5.1 s165

Interpretation 28.1(1) In this section, (a) “municipal tariff matter” means any matter relating to a transmission tariff, a distribution tariff or a regulated rate tariff of a municipality or of a subsidiary of a municipality that is subject to the jurisdiction of the Alberta Utilities Commission under the Electric Utilities Act; (b) “transmission tariff”, “distribution tariff”, “regulated rate tariff” and “subsidiary” have the same meaning as they have in the Electric Utilities Act.

(2) In the event of an inconsistency between the Electric Utilities Act and this Act in respect of a municipal tariff matter, the Electric Utilities Act prevails. 2003 cE-5.1 s165;2007 cA-37.2 s82(17) Composition of system or works 29 When the system or works of a public utility involve pipes, wires or other things that connect to a building, the system or works include (

a) the pipes, wires or things (

i) running up to the building, (ii) located on or within the exterior walls of the building, and

RSA 2000

Section 30 MUNICIPAL GOVERNMENT ACT

Chapter M-26 54 (iii) running from the exterior walls to couplings, stop-cocks, meters and other apparatus placed inside the building by the municipality or person providing the public utility, and (

b) those couplings, stop-cocks, meters and other apparatus. 1994 cM-26.1 s29 Long-term supply agreements to public utilities 30(1) If a council proposes to make an agreement to supply water, steam or fuel to a public utility for a period that, with rights of renewal, could exceed 5 years, the agreement must be approved by the Alberta Utilities Commission before it is made.

(2) If a council or a municipal public utility proposes to make an agreement regarding the supply of electric power for a period that, with rights of renewal, could exceed 5 years, the agreement must be approved by the Alberta Utilities Commission before it is made.

(3) The approval of the Alberta Utilities Commission is not required under subsection (2) if the proposed agreement relates to or arises from the supply of electric power under (

a) a power purchase arrangement, (

b) a generation asset held or sold by the Balancing Pool, or (

c) a direct sales agreement.

(4) In subsection (3), “power purchase arrangement”, “generation asset”, “direct sales agreement” and “Balancing Pool” have the same meaning as they have in the Electric Utilities Act. RSA 2000 cM-26 s30;2003 cE-5.1 s165;2007 cA-37.2 s82(17) Regulation of gas supply obtained from direct sellers 31(1) In this section, (a) “consumer” means a consumer of gas who takes delivery of the gas at its place of consumption by means of an urban gas system operated by a distributor; (b) “direct seller” means a person , other than a distributor, who sells gas to a consumer or to another person who purchases the gas as an agent of the consumer for the purposes of this section; (c) “distributor” means

RSA 2000

Section 31

Chapter M-26 MUNICIPAL GOVERNMENT ACT 55 (

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

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

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

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

b) respecting the conditions to which the rights of consumers under subsection (3) are subject; (

c) governing, with respect to any matters provided for in the regulations, the rights and obligations of (

i) distributors, (ii) direct sellers, (iii) consumers, and (iv) agents of consumers for purposes related to this section.

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

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

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

RSA 2000

Section 32 MUNICIPAL GOVERNMENT ACT

Chapter M-26 56 (

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

c) settling the term or condition.

(5) Section 45 does not apply to the sale of gas by a direct seller to a consumer or to another person who purchases the gas as an agent of the consumer for the purposes of this section.

RSA 2000 cM-26 s31;2007 cA-37.2 s82(17) Other authorizations and approvals 32 Nothing in this Division exempts a municipality or other person operating a public utility from obtaining necessary approvals or other authorizations under an enactment or bylaw. 1994 cM-26.1 s32 Municipal Public Utilities Prohibiting other public utilities 33 When a municipality provides a municipal utility service, the council may by bylaw prohibit any person other than the municipality from providing the same or a similar type of utility service in all or part of the municipality. 1994 cM-26.1 s33 Exception 33.1 A bylaw under

section 33 shall not prohibit a retailer from providing to customers in all or any part of the municipality the functions or services that retailers are permitted to provide under the Electric Utilities Act or the regulations under that Act. 2003 cE-5.1 s165 Duty to supply utility service 34(1) If the system or works of a municipal public utility that provide a municipal utility service are adjacent to a parcel of land, the municipality must, when it is able to do so and subject to any terms, costs or charges established by council, provide the municipal utility service to the parcel on the request of the owner of the parcel.

(2) If the system or works of a municipal public utility that provide a municipal utility service are adjacent to a parcel of land, the municipality may, when it is able to do so and subject to any terms, costs or charges established by council, provide the municipal utility service to the parcel on the request of the occupant of the parcel who is not the owner. 1994 cM-26.1 s34 Parcels adjacent to roads and easements 35(1) This

section applies when the main lines of the system or works of a municipal public utility are located above, on or

RSA 2000

Section 36

Chapter M-26 MUNICIPAL GOVERNMENT ACT 57 underneath a road or easement and the municipality provides the municipal utility service to a parcel of land adjacent to the road or easement.

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

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

(4) If the owner is responsible for the costs of the construction, maintenance or repair referred to in subsection (3), those costs are an amount owing to the municipality by the owner. 1994 cM-26.1 s35 Right of entry — main lines 36(1) This

section applies to (

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

b) the portion of a service connection referred to in

section 35(2).

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

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

(4) If the municipality does not restore the land as soon as practicable and the owner of the land restores it, the municipality is liable to the owner for the restoration costs. 1994 cM-26.1 s36 Service connections — owner 37(1) The owner of a parcel of land is responsible for the construction, maintenance and repair of a service connection of a municipal public utility located above, on or underneath the parcel.

RSA 2000

Section 38 MUNICIPAL GOVERNMENT ACT

Chapter M-26 58

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

(3) If the thing has not been done to the satisfaction of the municipality within the specified time or in an emergency, the municipality may enter on any land or building to construct, maintain or repair the service connection. 1994 cM-26.1 s37 Service connections — municipality 38(1) Despite

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

(2) A municipality that has the authority to construct, maintain or repair a service connection under subsection (1) may enter on any land or building for that purpose. 1994 cM-26.1 s38 Restoration and costs 39(1) After the municipality has constructed, maintained or repaired the service connection located above, on or underneath a parcel of land under

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

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

section 37 or 38 and restoration costs under this

section are an amount owing to the municipality by the owner of the parcel. 1994 cM-26.1 s39 Buildings 40(1) When a municipal utility service is provided to a building that has more than one apartment, office or other unit, the system or works of the municipal public utility may be installed over the different apartments, offices or other units.

(2) The system or works must be attached to the outside of the building unless consent is given to install them inside. 1994 cM-26.1 s40 Discontinue providing public utility 41 In accordance with its bylaws, a municipality may, for any lawful reason,

RSA 2000

Section 42

Chapter M-26 MUNICIPAL GOVERNMENT ACT 59 (

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

b) remove the system or works of the municipal public utility used to provide the utility service. 1994 cM-26.1 s41 Liability for public utilities charges 42(1) The charges for a municipal utility service provided to a parcel of land are an amount owing to the municipality by the owner of the parcel.

(2) If the municipality agrees to provide a municipal utility service to a parcel of land on the request of an occupant of the parcel who is not the owner, the charges for the municipal utility service provided to the parcel are an amount owing to the municipality by the occupant and not the owner. 1994 cM-26.1 s42 Appeal 43(1) A person who uses, receives or pays for a municipal utility service may appeal a service charge, rate or toll made in respect of it to the Alberta Utilities Commission, but may not challenge the public utility rate structure itself.

(2) If the Alberta Utilities Commission is satisfied that the person’s service charge, rate or toll (

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

b) has been improperly imposed, or (

c) is discriminatory, the Commission may order the charge, rate or toll to be wholly or partly varied, adjusted or disallowed. RSA 2000 cM-26 s43;2007 cA-37.2 s82(17) Dispute with other municipalities 44(1) If (

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

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

RSA 2000

Section 44.1 MUNICIPAL GOVERNMENT ACT

Chapter M-26 60

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

(3) This

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

section 111 of the Public Utilities Act or

section 4 of the Gas Utilities Act. RSA 2000 cM-26 s44;2007 cA-37.2 s82(17) Transfer of municipal public utility 44.1(1) In this section, “public utility entity” means (

a) a controlled corporation established under Division 9 of

Part 3, (

b) a regional services commissi on established under

Part 15.1, or (

c) any other entity prescribed by regulation.

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

a) prescribing entities that are public utility entities for the purposes of subsection (1)(c); (

b) requiring a municipality to tr ansfer ownership or control of a municipal public utility to a public utility entity.

(3) A regulation made under subsection (2)(

b) may (

a) provide for the (

i) ownership, control and governance of the public utility entity, (ii) operation of the transferred municipal public utility by the public utility entity, or (iii) transfer of assets, em ployees and ongoing operations from the municipality to the public utility entity, (

b) specify or describe by reference the provisions of this Act that do not apply, or that apply with modifications, to a public utility entity, (

c) apply either generally or specifically, (

d) provide that the regulations prevail to the extent of any inconsistency between the regulations and this Act, or

RSA 2000

Section 45

Chapter M-26 MUNICIPAL GOVERNMENT ACT 61 (

e) provide for any other matter or thing the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section. 2026 c10 s4(3) Non-municipal Public Utilities Granting rights to provide utility service 45(1) A council may, by agreement, grant a right, exclusive or otherwise, to a person to provide a utility service in all or part of the municipality, for not more than 20 years.

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

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

a) be advertised, and (

b) be approved by the Alberta Utilities Commission. (4) Subsection (3)(

b) does not apply to an agreement between a council and a regional services commission to provide a utility service unless the utility service to be provided is fuel, electric power or both.

(5) An agreement made under this

section before the coming into force of this subsection, and that continues in effect after the coming into force of this subsection, between a council and a corporation controlled by the municipality or a council and a subsidiary of the municipality within the meaning of

section 1(3) of the Electric Utilities Act to provide fuel, electric power or both must be submitted to the Alberta Utilities Commission for approval by the Alberta Utilities Commission. RSA 2000 cM-26 s45;2003 cE-5.1 s165;2007 cA-37.2 s82(17); 2024 c8 s5 Calculation of fees 45.01 An agreement made under

section 45 shall not provide for the payment by a person of any fee the amount of which is calculated, in whole or in part, using (

a) a price per kilowatt hour of electric power that varies periodically according to the market price for electric power, or

RSA 2000

Section 45.1 MUNICIPAL GOVERNMENT ACT

Chapter M-26 62 (

b) a price per gigajoule of fuel that varies periodically according to the market price for fuel. 2024 c8 s5 Exception 45.1 An agreement made under

section 45 shall not grant an exclusive right to provide to customers in all or any part of the municipality the functions or services that retailers are permitted to provide under the Electric Utilities Act or the regulations under that Act. 2003 cE-5.1 s165 Prohibiting other non-municipal public utilities 46 When a person provides a utility service in a municipality under an agreement referred to in

section 45, the council may by bylaw prohibit any other person from providing the same or a similar utility service in all or part of the municipality. 1994 cM-26.1 s46 Exception 46.1 A bylaw under

section 46 shall not prohibit a retailer from providing to customers in all or any part of the municipality the functions or services that retailers are permitted to provide under the Electric Utilities Act or the regulations under that Act. 2003 cE-5.1 s165 Renewals 47(1) An agreement referred to in

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

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

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

(4) After the matter is referred to the Alberta Utilities Commission, the Commission must by order fix the terms and price of the purchase and the order is binding on the parties. RSA 2000 cM-26 s47;2007 cA-37.2 s82(17) 47.1 Repealed 2016 c24 s8. Division 4 Repealed 2008 cE-6.6 s55.

RSA 2000

Section 50

Chapter M-26 MUNICIPAL GOVERNMENT ACT 63 Division 5 Business Improvement Areas Purpose 50 A council may by bylaw establish a business improvement area for one or more of the following purposes: (

a) improving, beautifying and maintaining property in the business improvement area; (

b) developing, improving and maintaining public parking; (

c) promoting the business improvement area as a business or shopping area. RSA 2000 cM-26 s50;2015 c8 s5 Board 51(1) A business improvement area is governed by a board consisting of members appointed by council under the business improvement area bylaw.

(2) The board is a corporation. RSA 2000 cM-26 s51;2015 c8 s6 Civil liability of board members 52(1) In this section, “approved budget” means a budget of the board of a business improvement area that has been approved by council.

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

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

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

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

a) the municipality, or (

b) a person who is liable to pay the business improvement area tax imposed in the business improvement area. RSA 2000 cM-26 s52;2015 c8 s6 Regulations 53 The Minister may make regulations (

a) respecting the establishment or change in boundary of a business improvement area;

RSA 2000

Section 54 MUNICIPAL GOVERNMENT ACT

Chapter M-26 64 (

b) respecting business improv ement area bylaws, including (

i) what the council must include in a business improvement area bylaw, (ii) what the council may include in a business improvement area bylaw, and (iii) amendments to a bu siness improvement area bylaw; (

c) respecting the appointment, term and renewal of members of the board of a business improvement area; (

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

e) respecting the disestablishm ent of a business improvement area and the dissolution of a board; (e.1) respecting the notices that mu st be provided in respect of the establishment, operation, amendment, change in boundary and disestablishment of a business improvement area or the board of a business improvement area; (

f) that operate despite

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

g) establishing restrictions on the municipality providing money to the board. RSA 2000 cM-26 s53;2015 c8 s7;2026 c10 s4(4) Division 6 Miscellaneous Powers Providing services in other areas 54(1) A municipality may provide outside its municipal boundaries any service or thing that it provides within its municipal boundaries (

a) in another municipality, but only with the agreement of the other municipality, and (

b) in any other location within or adjoining Alberta, but only with the agreement of the authority whose jurisdiction includes the provision of the service or thing at that location.

RSA 2000

Section 55

Chapter M-26 MUNICIPAL GOVERNMENT ACT 65

(2) Without limiting the generality of subsection (1)(b), a municipality may enter into an agreement respecting services with an Indian band or a Metis settlement. RSA 2000 cM-26 s54;2016 c24 s9;2017 c13 s2(3) Sharing taxes and grants 55(1) A municipality may enter into an agreement with (

a) another municipality, or (

b) a collecting board as defined in

section 176 of the Education Act, to share grants paid under

section 366 or taxes.

(2) The agreement must include a means to settle disputes arising from the agreement. RSA 2000 cM-26 s55;2012 cE-0.3 s279;2016 c24 s10 Civic holidays 56(1) A council may declare up to 2 days in a year as civic holidays.

(2) The minimum length of a civic holiday is a half day. 1994 cM-26.1 s56 Census 57 A council may conduct a census. 1994 cM-26.1 s57 Road names 58(1) A municipality may name roads or areas within its boundaries and may assign a number or other means of identification to buildings or parcels of land.

(2) A municipality may require an owner or occupant of a building or a parcel of land to display the identification in a certain manner. 1994 cM-26.1 s58 Hamlets 59(1) The council of a municipal district or specialized municipality may designate an unincorporated community described in subsection (2) that is within its boundaries to be a hamlet.

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

RSA 2000

Section 60 MUNICIPAL GOVERNMENT ACT

Chapter M-26 66 (

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

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

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

(3) The designation of a hamlet must specify the hamlet’s name and boundaries. 1994 cM-26.1 s59;1995 c24 s8 Bodies of water 60(1) Subject to any other enactment, a municipality has the direction, control and management of the bodies of water within the municipality, including the air space above and the ground below.

(2) Nothing in this

section gives a municipality the direction, control and management of mines and minerals. RSA 2000 cM-26 s60;2016 c24 s11 Granting rights over property 61(1) A municipality may grant rights, exclusive or otherwise, with respect to its property, including property under the direction, control and management of the municipality.

(2) A municipality may charge fees, tolls and charges for the use of its property, including property under the direction, control and management of the municipality. 1994 cM-26.1 s61 62 Repealed 2022 c16 s9(11). Division 7 Revision and Consolidation of Bylaws

Definitions 62.1 In this Division, “revised bylaw” means a bylaw that has been revised under

section 63. 2017 c13 s1(5) Revising bylaws 63(1) A council of a municipality may, by bylaw, revise any of its bylaws or any one or more provisions of them in accordance with this section.

(2) A bylaw under this

section may

RSA 2000

Section 63

Chapter M-26 MUNICIPAL GOVERNMENT ACT 67 (

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

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

c) combine 2 or more bylaws into one bylaw, divide a bylaw into 2 or more bylaws, move provisions from one bylaw to another and create a bylaw from provisions of one or more other bylaws; (

d) alter the citation and title of a bylaw and the numbering and arrangement of its provisions, and add, change or omit a note, heading, title, marginal note, diagram or example to a bylaw; (

e) omit the

preamble and

long title of a bylaw; (

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

g) make changes, without materially affecting the bylaw in principle or substance, (

i) to correct clerical, technical, grammatical or typographical errors in a bylaw, (ii) to bring out more clearly what is considered to be the meaning of a bylaw, or (iii) to improve the expression of the law.

(3) The title of a revised bylaw must include the words “revised bylaw”.

(4) A bylaw under this

section must not be given first reading until after the chief administrative officer has certified in writing that the proposed revisions were prepared in accordance with this section. RSA 2000 cM-26 s63;2017 c13 s1(5) 64 Repealed 2017 c13 s1(6).

RSA 2000

Section 65 MUNICIPAL GOVERNMENT ACT

Chapter M-26 68 Requirements relating to revised bylaws 65 A bylaw made in accordance with

section 63 and the resulting revised bylaw are deemed to have been made in accordance with all the other requirements of this Act respecting the passing and approval of those bylaws, including any requirements for advertising and public hearings. RSA 2000 cM-26 s65;2017 c13 s1(7) Effects of revised bylaws 66(1) The provisions of a revised bylaw that replace provisions of a previous bylaw, when they have the same effect, operate retrospectively as well as prospectively and are deemed to come into force on the days on which the corresponding previous bylaws came into force.

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

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

b) the provisions of the previous bylaws prevail with respect to all earlier transactions, matters and things. RSA 2000 cM-26 s66;2017 c13 s1(8) References to repealed bylaws 67 A reference in a bylaw, enactment or document to a bylaw that has been revised under

section 63 or to a provision of a bylaw that has been revised under

section 63 is, in respect of any transaction, matter or thing occurring after the revised bylaw or provision, as the case may be, comes into force, to be considered as a reference to the revised bylaw or provision. RSA 2000 cM-26 s67;2017 c13 s1(9) 68 Repealed 2017 c13 s1(10). Consolidation of bylaws 69(1) A council may by bylaw authorize a designated officer to consolidate one or more of the bylaws of the municipality.

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

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

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

(3) A printed document purporting

RSA 2000

Section 70

Chapter M-26 MUNICIPAL GOVERNMENT ACT 69 (

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

b) to be printed under the auth ority of a designated officer, is proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it, and of the fact of the passage of the original and all amending bylaws. 1994 cM-26.1 s69 Division 8 Limits on Municipal Powers Disposal of land 70(1) If a municipality proposes to transfer or grant an estate or interest in (

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

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

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

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

b) transferred or granted under Division 8 of

Part 10 before the period of redemption under that Division, or (

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

section 241(f). 1994 cM-26.1 s70;1995 c24 s9 Proposed national urban park plan 70.1(1) In this section, a “proposed national urban park plan” means a plan, the intent of which is to establish or create a national urban park within a municipality.

(2) A council may not, except in accordance with the conditions prescribed by the Lieutenant Governor in Council, negotiate a proposed national urban park plan with the Government of Canada.

(3) The Lieutenant Governor in Council may prescribe the conditions under which a council may negotiate a proposed national urban park plan.

(4) For greater certainty, if a council passes a bylaw or resolution or enters into an agreement in respect of a proposed national urban park plan, and the council has not complied with the conditions

RSA 2000

Section 71 MUNICIPAL GOVERNMENT ACT

Chapter M-26 70 referred to in subsection (3) during the development of that bylaw, resolution or agreement, the bylaw, resolution or agreement is considered to be invalid. 2024 c5 s2 Mines and minerals 71 No municipality may acquire an estate or interest in mines or minerals without the approval of the Lieutenant Governor in Council. 1994 cM-26.1 s71;1996 c30 s3 Acquisition of land outside municipal boundaries 72(1) A municipality may acquire an estate or interest in land outside its boundaries only if (

a) the council of the municipal authority in whose boundaries the land is located consents in writing to the acquisition or, in the case of a municipal authority that is an improvement district or special area, the Minister consents in writing to the acquisition, (a.1) in the case of land located in a province or territory adjoining Alberta, the local government within whose boundaries the land is located consents in writing to the acquisition, and (

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

(2) This

section does not apply when a municipality acquires (

a) an option on land outside its boundaries, but it does apply when the municipality exercises the option, or (

b) an estate or interest in mines and minerals. 1994 cM-26.1 s72;1996 c30 s4;1999 c11 s5 73 Repealed 2016 c24 s12. Firearms 74 A bylaw of a municipal district prohibiting in all or a part of the 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. 1994 cM-26.1 s74;1995 c24 s10

RSA 2000

Section 74.1

Chapter M-26 MUNICIPAL GOVERNMENT ACT 71 Firearms 74.1(1) Subject to subsections (3) and (4), a council may not, unless approved by the Lieutenant Governor in Council, bring into force a bylaw respecting firearms. (2) Subsection (1) applies to (

a) a proposed amendment respec ting firearms to a bylaw that comes into force on or after the coming into force of this section, and (

b) a new bylaw respecting firearms proposed by a council after the coming into force of this section. (3) Subsection (1) does not apply to a bylaw respecting firearms that is in force on or before the coming into force of this section.

(4) This

section does not apply to a bylaw to be approved in accordance with

section 74. 2021 c6 s2 Forest and Prairie Protection Act 75(1) In this section, “forest protection area” means a forest protection area designated under the Forest and Prairie Protection Act.

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

(3) Despite subsection (2), the council may pass a bylaw respecting fires, other than forest or running fires, that applies to the part of a hamlet that is within a forest protection area.

(4) Repealed 2016 c22 s26. RSA 2000 cM-26 s75;2016 c22 s26 Division 9 Controlled Corporations Control of corporations 75.1(1) In this Division, (a) “controlled corporation” means a corporation controlled by a municipality or a group of municipalities and includes a subsidiary, within the meaning of

section 2(4) of the Business Corporations Act, of such a corporation; (b) “corporation” means a corp oration that operates for the purpose of making a profit.

RSA 2000

Section 75.1 MUNICIPAL GOVERNMENT ACT

Chapter M-26 72

(2) A municipality, by itself or with other municipalities, may establish and control, or obtain control of, a corporation only if the council of the municipality (

a) passes a resolution authorizing the municipality to control the corporation by itself or with other municipalities, as the case may be, and (

b) is satisfied that (

i) the controlled corporation will carry on business solely for one or more of the purposes described in

section 3, (ii) the controlled corpora tion will provide a service or benefit to residents of the municipality or group of municipalities that controls it, and (iii) the profits and dividends of the controlled corporation will provide a direct benefit to the residents of the municipality or group of municipalities that controls it.

(3) Before a council passes a resolution under subsection (2)(a), the council must (

a) consider a business plan that addresses the matters referred to in subsection (4), and (

b) hold a public hearing in accordance with the regulations.

(4) The matters to be addressed in a business plan referred to in subsection (3)(

a) include (

a) the costs related to establishing and controlling or obtaining control of the corporation, as the case may be, (

b) the value of any assets of the municipality or group of municipalities that are to be transferred to the corporation, (

c) a cash flow projection for the next 3 years of the corporation’s operation, (

d) the corporation’s financia l statements and operating and capital budgets for the most recent 5 years, or if the corporation has existed for less than 5 years, the financial statements and operating and capital budgets for each year it has existed, and (

e) any other information pr escribed by the regulations. 2016 c24 s13

RSA 2000

Section 75.2

Chapter M-26 MUNICIPAL GOVERNMENT ACT 73 Financial statements and other reports 75.2(1) The council of each municipality that controls a corporation must ensure that the controlled corporation submits to the council the annual financial statements referred to in

section 279 and any other reports prescribed by the regulations.

(2) A council must make available for public inspection the annual financial statements and any other reports that it receives from a controlled corporation under subsection (1). 2016 c24 s13 Material change 75.3 If there is a proposed material change to the business operations of a controlled corporation, the council of each municipality that controls the corporation must, in accordance with the regulations, (

a) notify the residents of the municipality of the proposed material change, and (

b) provide an opportunity to residents of the municipality to make representations. 2016 c24 s13 Utility services provided by controlled corporation 75.4(1)

Part 2 of the Public Utilities Act does not apply in respect of a public utility that (

a) is owned or operated by a controlled corporation, and (

b) provides a utility service within the boundaries of a municipality or a group of municipalities that controls the corporation.

(2) If there is a dispute between a regional services commission and a controlled corporation that owns or operates a utility service 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 (

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 Alberta Utilities Commission, and the Alberta Utilities Commission may issue an order on any terms and conditions that the Alberta Utilities Commission considers appropriate.

RSA 2000

Section 75.5 MUNICIPAL GOVERNMENT ACT

Chapter M-26 74

(3) Sections 43 to 47 apply to a utility service provided by a controlled corporation. 2016 c24 s13;2024 c8 s5 Regulations 75.5(1) The Minister may make regulations (

a) providing that certain types of corporations may not be controlled by a municipality or a group of municipalities without the Minister’s approval; (

b) respecting terms and conditions that apply when a municipality or a group of municipalities controls a corporation; (

c) prescribing information to be included in a business plan for the purposes of

section 75.1(4)(e); (

d) respecting public hearings to be held under

section 75.1(3)(b), including, without limitation, the form and nature of information that must be made available to the public before a public hearing is held; (

e) prescribing reports for the purposes of

section 75.2(1); (

f) respecting the manner in which a council must notify residents of the municipality of a material change to a controlled corporation; (

g) respecting the timing, scope and methods of obtaining public input from residents of a municipality regarding a material change to a controlled corporation; (

h) defining any term or expression that is used but not defined in this Division; (

i) specifying or describing by reference the provisions of this or any other enactment that do not apply, or that apply with modifications, to a controlled corporation; (

j) specifying or describing by reference any provisions that are to be added to or that are to replace the provisions of this Act or any other enactment in respect of a controlled corporation.

(2) Regulations made under subsection (1) may apply in respect of one or more controlled corporations or may apply generally. 2016 c24 s13

RSA 2000

Section 76

Chapter M-26 MUNICIPAL GOVERNMENT ACT 75

Part 4 Formation, Fundamental Changes and Dissolution Division 1 General Criteria Principles, standards and criteria 76(1) The Minister may establish and publish principles, standards and criteria that are to be taken into account in considering whether to recommend to the Lieutenant Governor in Council the formation, change of status or dissolution of municipalities, the amalgamation of municipal authorities or the annexation of land under this Part.

(1.1) Before recommending the formation, change of status or dissolution of a municipality, the amalgamation of municipal authorities or the annexation of land under this Part, the Minister must consider any applicable principles, standards and criteria established under subsection (1).

(2) The Regulations Act does not apply to the principles, standards and criteria. RSA 2000 cM-26 s76;2022 c16 s9(12) Division 2 Formation Definition of formation order 76.1 In this Division, “formation order” means an order under

section 88. 2022 c16 s9(13) Types of municipality that may be formed 77 The following types of municipality may be formed by a formation order: (

a) municipal district; (

b) repealed 1995 c24 s11; (

c) village; (

d) town; (

e) city; (

f) specialized municipality. RSA 2000 cM-26 s77;2022 c16 s9(14)

RSA 2000

Section 85 MUNICIPAL GOVERNMENT ACT

Chapter M-26 76 78 to 84 Repealed 2022 c16 s9(15). Initiating formation 85(1) The Minister may recommend to the Lieutenant Governor in Council that a formation order be made (

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

b) on the Minister’s own initiative.

(2) A request referred to in subsection (1)(

a) must specify the boundaries of the proposed municipality. RSA 2000 cM-26 s85;202

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cM-26
Type	statute
Volume / chapter	M26
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f46067da4981a6a06f8a70198221b6b96d8d122a

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