The second group of draft regulations was posted below on July 24, 2017, and will be available for public comment until to Sept. 22, 2017.
Please select a regulation below to view the changes and provide feedback.
As part of the Municipal Government Act (MGA) Review process, all MGA related regulations were reviewed to support a modernized MGA and to ensure alignment with the amendments approved by the legislature in 2015 and 2016. So far, the review has resulted in the creation of new regulations and resulted in updates to a number of existing regulations.
We are sharing drafts of the reviewed regulations with all Albertans so they can see the proposed changes and how the approved MGA amendments will be implemented. Draft regulations will be posted in several groupings.
The first group of draft regulations was posted on January 31, 2017 and was available for public comment until to March 31, 2017.
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Group 2 Regulations
Governance and Administration Regulations
See the full draft Intermunicipal Collaboration Framework Regulation.
What’s changing: The Modernized Municipal Government Act (MMGA) added in the requirement for municipalities with a common border to create Intermunicipal Collaboration Frameworks (ICF) with each other, within two years of the MMGA coming into force. ICFs will address the sharing of services on an intermunicipal basis and ensure municipalities work together to build the best communities and deliver the best services possible to their residents. This new regulation was drafted to establish the requirements for adopting, implementing and amending an ICF. Key elements include:
- the basic ICF negotiation requirements;
- a dispute resolution process requirements for ICF negotiations;
- a dispute resolution process for ICF agreements;
- the appointment of an arbitrator;
- an arbitrator’s powers;
- public participation in the arbitration process; and
- judicial review of arbitrator powers.
See the full draft Code of Conduct for Elected Officials Regulation.
What’s changing: The Municipal Government Amendment Act added in the requirement for councils to establish a Code of Conduct for councillors to ensure elected officials govern in an ethical and businesslike manner. The new MGA and new codes of conduct will help elected officials do the best job they can to keep Alberta municipalities strong and vibrant. This new regulation was drafted to accompany the requirement above and proposes to:
- establish the requirements for and prescribe the content of a code of conduct that will apply directly to elected officials;
- establish minimum requirements for matters that the code of conduct must address such as representing the municipality, communicating on behalf of the municipality, adherence to policies, procedures and bylaws, respectful interactions with councillors, staff, the public and others, and conflict of interest;
- establish who may make a complaint and how complaints are submitted;
- establish a process used to determine the validity of the complaint;
- establish the types of sanctions that may be used for violation of the code of conduct bylaw such as a letter of reprimand, requirement to attend training, suspension or removal of appointments to committees;
- establish that a council must have a code of conduct within 270 days of proclamation of the Act; and
- establish that the code of conduct and any related bylaw be reviewed every four years.
See the full draft Council and Council Committee Meetings Regulation.
What’s changing: The Municipal Government Amendment Act added in authority to make regulations defining “meeting” and additional classes of matters for which a meeting may be closed to the public to ensure transparency and hold municipal councils accountable. This new regulation was drafted to accompany that requirement and proposes to:
- establish a definition of a council or council committee meeting.
See the full draft Crowsnest Pass Regulation with proposed changes.
This regulation provides for special rules regarding the Municipality of Crowsnest Pass which date back to 1979 and were incorporated into the current legislative framework by way of regulation.
What’s changing: Renew the regulation until 2020 and include the section of the Determination of Population Regulation related to the Municipality of Crowsnest Pass into the regulation.
See the full draft Determination of Population Regulation with proposed changes.
The Determination of Population Regulation specifies the requirements to be followed by municipalities that choose to conduct a municipal census. It defines what a municipal census is, sets out the timing of the census, how the municipal census should be conducted, and how the results are to be submitted to the Minister of Municipal Affairs.
What’s changing: This regulation contains rules about population calculation in the Municipality of Crowsnest Pass which will be removed and incorporated in the Crowsnest Pass Regulation. This regulation also proposes to:
- include definitions for private dwellings and non-contacted dwellings;
- provide municipalities with options that reduce overlap between municipal census activities and federal census activities;
- clarify that oaths or affirmations by census workers are in force in perpetuity;
- include information on individuals who refuse to participate in the census; and
- remove the expiry date.
Planning and Development Regulations
See the full draft Off-Sites Levies Regulation with proposed changes.
This regulation outlines the principles and criteria a municipality must follow when negotiating, determining and calculating off-site levies for facility and infrastructure requirements; appeals for off-site levies and transparency provisions on how the levies are calculated, collected and reported.
What’s changing: The Modernized Municipal Government Act (MMGA) enabled off-site levies to include community recreation facilities, libraries, fire halls and police stations to empower municipalities to work in partnership with developers and ensure Albertans and their families have access to these facilities. This new regulation was drafted to accompany that requirement and proposes to:
- Update general principles for identifying, consulting on, funding and coordinating infrastructure needs;
- Create additional principles for the new expanded scope (i.e. fire halls, police stations, libraries and recreation facilities)
- Identify criteria for developing levy formulas;
- Identify considerations upon which a levy is calculated;
- Update consultation requirements;
- Update reporting requirements; and
- Update Off-site Levy bylaw appeal requirements
See the full draft Subdivision and Development Appeal Board Regulation.
What’s changing: The Municipal Government Amendment Act added in the requirement for mandatory training of both Subdivision and Development Appeal Board members and clerks to help them make the best decisions for Albertans. This new regulation was drafted to accompany that requirement and proposes to:
- control and regulate the requirement for mandatory training of members and clerks of a SDAB, and
- control and regulate the qualifications and training programs.
See the full draft Subdivision and Development Regulation with proposed changes.
This regulation specifies the requirements for subdivision applications, subdivision and development conditions, and the registration and endorsement of subdivision applications.
What’s changing: The Modernized Municipal Government Act (MMGA) added a new provision for determining when a subdivision application is complete to ensure all reviews and decisions are fair and accurate. This regulation was drafted to accompany that process and proposes to:
- align the definition of “food establishment” with the Food Regulation;
- align the regulation with the term ‘body of water’ used in the MMGA;
- clarify that all highways can be reviewed from a highway vicinity management perspective, regardless of the posted speed limit;
- clarify when the subdivision authority must send application to Alberta Transportation or the Ministry of Culture and Tourism for referral purposes;
- clarify how to determine setbacks from operating waste treatment plants;
- ensure the subdivision authority is informed of environmental reserve agreements and any active wells, batteries, processing plants of pipelines within a proposed subdivision;
- ensure a subdivision authority does not make a decision on lands until Alberta Transportation is satisfied with an area structure plan at the time of the application of subdivision;
- ensure that municipalities that decide to set their own decision making timelines adhere to their specified time; and
- incorporate the Subdivision and Development Forms Regulation into this regulation.
See the full draft Canmore Undermining Review Regulation with proposed change.
This regulation ensures due process of compliance and land analysis/certification is followed before developing on undermined properties in the Town of Canmore.
What’s changing: Include a requirement that the Town of Canmore must agree in the selection of the professional engineer that completes the undermining report and the second, independent engineer that reviews the undermining report and issues the compliance review certificate. This will ensure the Town of Canmore and the developer work together to safely and responsibly develop sites that were subject to extensive coal mining operations.
See the full Canmore Undermining Exemption from Liability Regulation.
This regulation provides that the Town of Canmore and Canmore’s agents are not liable for any third party loss or damage that arises during development or from the use of the designated land, or is directly or indirectly caused by undermining and related conditions in respect of the designated land.
What’s changing: No amendment is being proposed to this regulation as part of the MGA Review.
See the full draft Community Aggregate Payment Levy Regulation with proposed changes.
This regulation enables municipalities to voluntarily pass Community Aggregate Payment Levy (CAPL) bylaws to impose a levy on shipments of sand and gravel (aggregate) operations in a municipality. This regulation is relevant only in municipalities where aggregate operations take place and enables municipalities to adopt a bylaw to collect a levy to offset the impacts of aggregate operations such as those associated with road infrastructure, or towards other community benefit projects, as determined by municipal councils.
What’s changing: Increase the maximum levy rate from $0.25 to $0.40 per tonne of shipped sand and gravel, keeping the rate in line with inflation and helping municipalities maintain the safety of roads and bridges impacted by heavy industry. Also extend the expiry date by five years to December 31, 2022.
Assessment and Taxation Regulations
See the full draft Matters Relating to Assessment Sub-classes Regulation with proposed changes.
What’s changing: The Modernized Municipal Government Act (MMGA) provides the Minister with the authority to make regulations related to the creation and application of property tax sub-classes for non-residential properties. This new regulation was drafted to accompany that process and proposes to:
- define the sub-classes that municipalities may apply;
- allow councils to apply different property tax rates to each sub-class; and
- set a maximum difference between the property tax rates applied to each sub-class.
See the full draft Community Organization Property Tax Exemption Regulation with proposed changes.
This regulation sets out the conditions and qualifications for property tax exemptions for non-profit organizations that carry out a charitable or benevolent purpose for the benefit of the general public.
What’s changing: Repeal and replace the regulation with a re-organized and amended version to improve its usability and ensure transparent, fair and consistent property tax exemptions for non-profit organizations that carry out charitable, valuable work to the general public and vulnerable populations. The new version of Community Organization Property Tax Exemption Regulation (COPTER) would include the following amendments:
- re-organize the regulation into four parts;
- revise four definitions: “charitable and benevolent purpose”, “general public”, “minor fee”, and “professional sports franchises”;
- update the General Rules restrictions to reflect current Alberta Human Rights legislation;
- simplify approach for organizations to demonstrate that a service is being provided to the targeted segments of the general public;
- exempt Class A bingo facilities;
- align the subsidized accommodation model currently in place for lodges for other similar subsidized residential accommodations operated by non-profits to ensure equitable treatment;
- create a separate part in COPTER for Residential Associations;
- increase administrative flexibility by granting municipalities the authority to set their own administration deadlines to meet local needs; and
- remove the existing expiry date on the regulation.
See the full draft Matters Relating to Assessment and Taxation Regulation with proposed changes and draft List of Major Plants.
This regulation is the primary regulation for property assessment and property taxation, which:
- defines several important terms related to property assessment;
- provides a broad range of rules for assessing properties, requesting information pertaining to property and property assessments, and levying property taxes; and
- provides assessment and tax exemptions for farm residences and farm buildings, describes the process for preparing equalized assessment, and authorizes assessment audits.
What’s changing: The Modernized Municipal Government Act (MMGA):
- defines designated industrial property as major plants, properties regulated by provincial and federal regulators, linear property, and rail property;
- centralizes the assessment of all designated industrial property within Municipal Affairs with costs associated with centralizing assessment being recovered from designated industrial property owners;
- establishes that all appeals related to designated industrial property will be heard by the Municipal Government Board;
- establishes that all farm buildings in urban and rural municipalities will not be assessed or charged municipal or education property taxes;
- establishes provisions to phase in farm building exemptions in urban municipalities over five years; and
- establishes that farmland will continue to be assessed as farmland until it is no longer used for farming operations, which will be clarified in regulations associated with the MGA.
This regulation was drafted to accompany the above processes and proposes to:
- reference a List of Major Plants to be considered Designated Industrial Property;
- update several definitions related to industrial property and include some definitions currently found in the MGA;
- update the definition of ‘farming operations’;
- establish a valuation standard for land and buildings on Designated Industrial Property sites; and
- remove the existing expiry date on the regulation.
Provide your feedback on the proposed changes to the regulation.
See the full draft Matters Relating to Assessment Complaints Regulation with proposed changes.
This regulation is the primary regulation for the property assessment complaint process.
What’s changing: The Modernized Municipal Government Act (MMGA) establishes that:
- composite Assessment Review Boards will hear complaints about business taxes, as well as levies on business improvement areas, and award costs to participants when appropriate;
- assessors will be able to make corrections to assessments under complaint without needing ratification from the assessment review board or having the complaint withdrawn first; and
- Assessment Review Board decisions may be appealed at Court of Queen’s Bench by judicial review only.
This regulation was drafted to accompany that process and meet the needs of municipalities, industry and all Albertans when they have concerns about assessments. This regulation proposes to:
- repeal provisions that limit Assessment Review Boards from hearing evidence in some circumstances;
- allow parties to a hearing to request that the record be sealed prior to the disclosure process;
- clarify the process for filing agent authorization forms;
- add a filing fee for assessment complaints regarding major plants; and
- change references to ‘linear property’ to ‘designated industrial property.’