As part of the 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 below was posted on January 31, 2017 and was available for public comment until to March 31, 2017.

Governance and Administration Regulations

What’s changing: The Municipal Government Amendment Act added in a requirement to adopt a written three-year financial plan and five-year capital plan that must be updated annually. This new regulation was drafted to accompany that requirement and proposes to:

  • establish a minimum standard for the content of written three-year financial plans and five-year capital plans;
  • set out that the minimum standard for the financial plan must include total revenues and expenses by major category, the annual surplus or deficit, and the accumulated surplus or deficit;
  • set out that the minimum standard for the capital plan must include planned capital property additions and allocated or anticipated funding sources; and
  • establish that municipalities must prepare the plans in the beginning of the second year the MGA is proclaimed.

See the full draft Municipal Corporate Planning Regulation with proposed changes.

What’s changing: The Municipal Government Amendment Act added in a requirement to establish a public participation policy for the municipality. This new regulation was drafted to accompany that requirement and proposes to:

  • establish a standard for the content of public participation policies;
  • set out the requirements for how municipal stakeholders will be engaged and the circumstances in which the municipality will engage municipal stakeholders;
  • require the policy to be made available to the public;
  • establish that the policy be reviewed, at a minimum, every three years; and
  • establish that a municipality must have a public participation policy within 270 days of proclamation of the MGA.

See the full draft Public Participation Policy Regulation with proposed changes.

This regulation was initially developed in 1995 by Alberta Energy to allow customer choice for non-industrial gas consumers and applies to municipally-owned gas utilities.  It defines the roles and responsibilities of natural gas consumers, municipal governments and natural gas marketers (including gas co-operatives) within a municipal setting.

What’s changing: Amend the expiry date to from July 21, 2018 to July 31, 2020 to ensure there will be time for any potential review of this regulation.

See the full draft Municipal Gas Systems Core Market Regulation with proposed changes.

This regulation provides municipalities, through the Alberta Municipal Services Corporation, with additional investment flexibility for funds allocated to the MuniSERP retirement plan.

What’s changing: Removal of the expiry date. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

See the full draft MuniSERP Investment Regulation with proposed change.

Planning and Development Regulations

This regulation allows the federal government to delegate its authority for land-use planning in the vicinity of the Medicine Hat Regional Airport in order to ensure that planned development around the airport is consistent with the safe and economical operation of the airport.

What’s changing: No amendment is being proposed to this regulation as part of the MGA Review.

See the full Aeronautics Agreement Reg

This regulation exempts a designated area of Crown land in a municipal district or specialized municipality from Part 17 (Planning) of the MGA.

What’s changing: Removal of the expiry date. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

See the full draft Crown Land Area Designation Regulation with proposed change.

This regulation controls, regulates or prohibits uses or development on lands within the vicinity of the Calgary International Airport.

What’s changing: Clarify that secondary suites are allowable in existing structures in older residential areas that predate the regulation; and that when a municipality applies to the Minister for an amendment to the regulation, the application must include a resolution of the council that the council supports the proposed amendment. Remove the expiry date. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

See the full draft Calgary AVPA Regulation with proposed changes.

This regulation controls, regulates or prohibits uses or development on lands within the vicinity of the Edmonton International Airport.

What’s changing: Update and align definitions with the Calgary Airport Vicinity Protection Regulation; clarify that the Protection Area does not include the Airport Lands; and clarify that when a municipality applies to the Minister for an amendment to the AVPA Regulation, the application must include a resolution of the council that the council supports the proposed amendment. Remove the expiry date. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

See the full draft Edmonton AVPA Regulation with proposed changes.

This regulation identifies lands from within municipal boundaries that are exempt from the Part 17 – Planning provisions of the MGA, as well as site-specific case by case exemptions for unique circumstances and/or developments that do not conform to a municipality’s land-use bylaw.

What’s changing: Remove the exemption for the Land Use Bylaw notification for the City of Calgary, including Schedule 6, which is no longer required; and extend the expiry date to from June 30, 2020 to October 31, 2021.

See the full draft Planning Exemption Regulation with proposed changes.

Assessment and Taxation Regulations

This regulation establishes qualification criteria for individuals to hold the position of designated assessors.

What’s changing: Clarify that the assessor is responsible for the annual return declaration and cannot delegate that duty. Remove the expiry date. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

See the full draft Qualifications of Assessor Regulation with proposed changes.