Feedback received from all Albertans on the first groupings of draft regulations shared as part of the MGA Regulation Review was used to develop the following regulations which were approved on October 26, 2017.

Some of the regulations come into force immediately, while others will come into force on either January 1, 2018 or April 1, 2018.

Please select a regulation below to learn more about the changes. Links to the approved regulations will be provided once published by the Alberta Queen’s Printer.

Governance and Administration Regulations

View the Municipal Corporate Planning Regulation.

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 accompanies that requirement and:

  • establishes a minimum standard for the content of written three-year financial plans and five-year capital plans;
  • sets 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;
  • sets out that the minimum standard for the capital plan must include planned capital property additions and allocated or anticipated funding sources; and
  • establishes that municipalities must prepare the plans in the beginning of the second year the MGA is proclaimed.

 

View the Public Participation Policy Regulation.

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

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

 

View the Municipal Gas Systems Core Market Regulation.

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: The expiry date is amended from July 21, 2018 to July 31, 2020 to ensure there will be time for any potential review of this regulation.

 

View the MuniSERP Investment Regulation.

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: The expiry is removed date. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

 

View the 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 establishes 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.

View the 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 accompanies the requirement above and:

  • establishes the requirements for and prescribe the content of a code of conduct that will apply directly to elected officials;
  • establishes 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;
  • establishes who may make a complaint and how complaints are submitted;
  • establishes a process used to determine the validity of the complaint;
  • establishes 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;
  • establishes that a council must have a code of conduct within 270 days of proclamation of the Act; and
  • establishes that the code of conduct and any related bylaw be reviewed every four years.

View the Council and Council Committee Meetings Regulation.

What’s changing: The Municipal Government Amendment Act added in authority to make regulations defining “meeting” to ensure transparency and hold municipal councils accountable. This new regulation accompanies that requirement and:

  • establishes a definition of a council or council committee meeting.

View the Crowsnest Pass Regulation.

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: The regulation was renewed until 2020 and includes the section of the Determination of Population Regulation related to the Municipality of Crowsnest Pass into the regulation.

View the Determination of Population Regulation.

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 have been removed and incorporated in the Crowsnest Pass Regulation. This regulation also:

  • includees definitions for private dwellings and non-contacted dwellings;
  • providees municipalities with options that reduce overlap between municipal census activities and federal census activities;
  • clarifies that oaths or affirmations by census workers are in force in perpetuity;
  • includes information on individuals who refuse to participate in the census; and
  • removes the expiry date.

View the Edmonton Metropolitan Region Board Regulation.

Municipal Affairs has engaged municipalities in both regions since 2015 to inform the province’s vision for GMBs, including the Boards’ mandate, membership, and governance.

  • A facilitated process with municipalities in the Calgary region included sessions with individual municipalities and collective discussions.
  • The Capital Region Board structure was leveraged in seeking feedback from municipalities in the Edmonton region.
  • Previous Minister Larivee met with municipal elected officials in December 2016 to communicate the province’s intent.
  • A discussion paper was circulated to municipalities following the December meeting, inviting written feedback.
  • Directly impacted municipalities have participated as part of an administrative working group since January 2017 to inform the development of the regulations.
  • Minister Anderson met with elected officials in the Edmonton region on April 13, 2017 to reinforce the province’s vision for GMBs, and to review the proposed regulation.
  • Minister Anderson met with elected officials in the Calgary region on April 26, 2017 to reinforce the province’s vision for GMBs, and to review the proposed regulation.

What’s changing: The Modernized Municipal Government Act (MMGA) added a new provision mandating Growth Management Boards for the metropolitan areas of Calgary and Edmonton. Growth Management Boards are intended to ensure effective and efficient regional collaboration and coordinated decision-making in the province’s major metropolitan regions.
Mandate
The mandate of the Growth Management Boards shall be to:

  • Strive for consensus regarding matters before the Board;
  • Promote the long-term sustainability of the region;
  • Ensure environmentally responsible land-use planning, growth management and efficient use of land;
  • Develop policies regarding the coordination of regional infrastructure investment and service delivery;
  • Promote the economic well-being and competitiveness of the regions; and,
  • Develop policies outlining how the Board shall engage the public on the Growth Plan and Servicing Plan.

To achieve this, Growth Management Boards shall:

  • Prepare a Growth Plan and Servicing Plan;
  • Develop a Regional Evaluation Framework (a mechanism to objectively evaluate the alignment of statutory plans to the growth plan);
  • Advise and make recommendations to the Minister regarding implementation of the Growth Plan and Servicing Plan;
  • Facilitate the resolution of issues arising from the preparation and implementation of the Growth Plan and Servicing Plan;
  • Develop and implement policies for the sharing of costs for regional projects of the regions; and
  • Share and coordinate information within the region in order to facilitate the development and implementation of the Growth Plan and Servicing Plan.

Governance

  • Each participating municipality has one vote and for a Growth Management Board vote to pass:
    2/3 of GMB member municipalities vote in favour; and
  • Municipalities voting in favour represent at least 2/3 of the region’s population.

Membership
Both Growth Management Boards will be made up of the core municipality, all rural municipalities that are adjacent to the core, and all urban municipalities with more than 5,000 citizens.
Specific membership of the Edmonton Metropolitan Region Board is as follows:

  • Edmonton, Leduc County, City of Leduc, Beaumont, Fort Saskatchewan, Parkland, St. Albert, Sturgeon, Spruce Grove, Strathcona, Stony Plain, Devon, and Morinville.

View the Calgary Metropolitan Region Board Regulation.

Municipal Affairs has engaged municipalities in both regions since 2015 to inform the province’s vision for GMBs, including the Boards’ mandate, membership, and governance.

  • A facilitated process with municipalities in the Calgary region included sessions with individual municipalities and collective discussions.
  • The Capital Region Board structure was leveraged in seeking feedback from municipalities in the Edmonton region.
  • Previous Minister Larivee met with municipal elected officials in December 2016 to communicate the province’s intent.
  • A discussion paper was circulated to municipalities following the December meeting, inviting written feedback.
  • Directly impacted municipalities have participated as part of an administrative working group since January 2017 to inform the development of the regulations.
  • Minister Anderson met with elected officials in the Edmonton region on April 13, 2017 to reinforce the province’s vision for GMBs, and to review the proposed regulation.
  • Minister Anderson met with elected officials in the Calgary region on April 26, 2017 to reinforce the province’s vision for GMBs, and to review the proposed regulation.

What’s changing: The Modernized Municipal Government Act (MMGA) added a new provision mandating Growth Management Boards for the metropolitan areas of Calgary and Edmonton. Growth Management Boards are intended to ensure effective and efficient regional collaboration and coordinated decision-making in the province’s major metropolitan regions.
Mandate
The mandate of the Growth Management Boards shall be to:

  • Strive for consensus regarding matters before the Board;
  • Promote the long-term sustainability of the region;
  • Ensure environmentally responsible land-use planning, growth management and efficient use of land;
  • Develop policies regarding the coordination of regional infrastructure investment and service delivery;
  • Promote the economic well-being and competitiveness of the regions; and,
  • Develop policies outlining how the Board shall engage the public on the Growth Plan and Servicing Plan.

To achieve this, Growth Management Boards shall:

  • Prepare a Growth Plan and Servicing Plan;
  • Develop a Regional Evaluation Framework (a mechanism to objectively evaluate the alignment of statutory plans to the growth plan);
  • Advise and make recommendations to the Minister regarding implementation of the Growth Plan and Servicing Plan;
  • Facilitate the resolution of issues arising from the preparation and implementation of the Growth Plan and Servicing Plan;
  • Develop and implement policies for the sharing of costs for regional projects of the regions; and
  • Share and coordinate information within the region in order to facilitate the development and implementation of the Growth Plan and Servicing Plan.

Governance

  • Each participating municipality has one vote and for a Growth Management Board vote to pass:
    2/3 of GMB member municipalities vote in favour; and
  • Municipalities voting in favour represent at least 2/3 of the region’s population.

Membership
Both Growth Management Boards will be made up of the core municipality, all rural municipalities that are adjacent to the core, and all urban municipalities with more than 5,000 citizens.
Specific membership of the Calgary Metropolitan Region Board is as follows:

  • Calgary, Chestermere, Airdrie, Rocky View, Okotoks, Cochrane, Foothills, Strathmore, a portion of Wheatland County, and High River.

Planning and Development Regulations

Aeronautics Act Agreements (City of Medicine Hat and Cypress County) Regulation.

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 was made to this regulation as part of the MGA Review.

 

View the Crown Land Area Designation Regulation.

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: The expiry date was removed. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

 

View the Calgary International Airport Vicinity Protection Area Regulation.

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

What’s changing: Amendments 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. The expiry date is removed. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

 

View the Edmonton International Airport Vicinity Protection Area Regulation.

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

What’s changing: Amendments 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. The expiry date is removed. This will still allow the regulation to be reviewed periodically or upon stakeholder requests.

 

View the Planning Exemption Regulation.

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: The exemption for the Land Use Bylaw notification for the City of Calgary was removed, including Schedule 6, which is no longer required; the expiry date is amended from June 30, 2020 to October 31, 2021.

 

View the Off-site Levies Regulation.

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

View the 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 accompanies that requirement and:

  • controls and regulates the requirement for mandatory training of members and clerks of a SDAB, and
  • controsl and regulates the qualifications and training programs.

View the Subdivision and Development Regulation.

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 accompanies that process and:

  • aligns the definition of “food establishment” with the Food Regulation;
  • aligns the regulation with the term ‘body of water’ used in the MMGA;
  • clarifies that all highways can be reviewed from a highway vicinity management perspective, regardless of the posted speed limit;
  • clarifies when the subdivision authority must send application to Alberta Transportation or the Ministry of Culture and Tourism for referral purposes;
  • clarifies how to determine setbacks from operating waste treatment plants;
  • ensures the subdivision authority is informed of environmental reserve agreements and any active wells, batteries, processing plants of pipelines within a proposed subdivision;
  • ensures 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;
  • ensures that municipalities that decide to set their own decision making timelines adhere to their specified time; and
  • incorporates the Subdivision and Development Forms Regulation into this regulation.

View the 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 was made to this regulation as part of the MGA Review.

Assessment and Taxation Regulations

View the Qualifications of Assessor Regulation.

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

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

 

View the Community Aggregate Payment Levy Regulation.

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: The maximum levy rate is increased 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. The expiry date was extended by five years to December 31, 2022.

View the Matters Relating to Assessment Sub-classes Regulation.

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 accompanies that process and:

  • defines the sub-classes that municipalities may apply;
  • allows councils to apply different property tax rates to each sub-class; and
  • sets a maximum difference between the property tax rates applied to each sub-class.

View the Matters Relating to Assessment and Taxation Regulation.

This regulation is the primary regulation for property assessment and property taxation, which:

  • defines 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;
  • exempts all farm buildings in urban and rural municipalities from municipal assessment and 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 accompanies the above processes:

  • references a List of Major Plants to be considered Designated Industrial Property;
  • updates several definitions related to industrial property and include some definitions currently found in the MGA;
  • updates the definition of ‘farming operations’;
  • establishes a valuation standard for land and buildings on Designated Industrial Property sites; and
  • removes the existing expiry date on the regulation.

View the Matters Relating to Assessment Complaints Regulation.

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 accompanies that process and meets the needs of municipalities, industry and all Albertans when they have concerns about assessments. This regulation:

  • repeals provisions that limit Assessment Review Boards from hearing evidence in some circumstances;
  • allows parties to a hearing to request that the record be sealed prior to the disclosure process;
  • clarifies the process for filing agent authorization forms;
  • adds a filing fee for assessment complaints regarding major plants; and
  • changes references to ‘linear property’ to ‘designated industrial property.’