WHEREAS the Land Compensation Board, in Order No. 455, found that s. 534 of Municipal Government Act, RSA 2000, c. M-26 “(MGA”) applies to a Regional Services Commission on the basis that Regional Services Commissions are municipalities within the meaning of the MGA; and

WHEREAS recognizing that the definition of municipality in s. 1(1)(s) of the MGA does not include a Commission; and

WHEREAS recognizing that s. 1(1)(y.1) of the MGA defines a Regional Services Commission to be a Regional Services Commission under Part 15.1 of the MGA; and

WHEREAS recognizing that s. 602.03 of the MGA defines a Regional Services Commission to be a corporation; and

WHEREAS recognizing that a Regional Services Commission is a separate legal entity from a municipality and from the members of a Regional Services Commission; and

WHEREAS in order to clarify the applicability of s. 534 of the MGA both in the future and retroactively;

THEREFORE BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties (AAMDC) request the Provincial Government to pass an amendment to s. 534 of the MGA such that s. 534 expressly states that it applies to Regional Services Commissions as well as to municipalities, but not on a retroactive basis; or, in the alternative, that the Minister of Municipal Affairs enact a regulation pursuant to s. 602.39 of the MGA making s. 534 of the MGA applicable to Regional Services Commissions, but not on a retroactive basis.

In 2008, the Land Compensation Board ruled that s. 534 of the MGA applies to a Regional Services Commission.  The MGA is unclear as to the applicability of s. 534 and a Regional Services Commission. 

In question is a wastewater lagoon built by a Regional Services Commission, and the adjacent landowner’s claims that the structure has decreased the value of their land.  The suit includes the Regional Services Commission, as well as the four member Municipalities. 

Order No. 455 is currently being appealed by the Regional Services Commission, with an outcome expected sometime in 2009.

The AAMDC has no current resolutions directly related to this issue.

Municipal Affairs:
Alberta Municipal Affairs acknowledges that section 534 of the Municipal Government Act (MGA) currently does not apply to regional services commissions.  Any amendments to the MGA to include regional services commissions in section 534 will require further review by the ministry.
This item will be added to the ministry’s data base of potential MGA amendments.
All items contained within the database will be further considered when the ministry undertakes a review of the MGA.

These concerns will be further considered when the ministry undertakes a review of the MGA, though the AAMDC is disappointed that the changes outlined in our resolution cannot be addressed currently. The AAMDC will iadvocate this issue when an MGA review occurs in order to further the intent of this resolution.