The amendments do little to address problematic elements of the bill, as Cabinet could still remove councillors or repeal bylaws for virtually any reason
On May 23, 2024, the Minister of Municipal Affairs introduced two amendments to Bill 20: Municipal Affairs Statutes Amendments Act. The amendments were made in response to strong opposition to the original bill, both from RMA and other municipal stakeholders. The most concerning aspects of Bill 20, which are the focus of the amendments, are the ability for Cabinet to remove a municipal councillor from office or force a vote of the electorate to remove the councillor, and the ability of Cabinet to force a municipality to amend or repeal a bylaw. The original version of Bill 20 included no scope, thresholds, or accountability mechanisms related to the use of the powers. The key aspects of the amendments to each new power introduced in Bill 20 are:
- Councillor removal (s. 179.1):
- Cabinet cannot unilaterally remove a councillor, but can force a vote of the electors.
- A vote can be forced for several reasons, including if Cabinet considers a councillor to be unwilling, unable, or refusing to do the job for which they were elected, or if Cabinet considers such a vote to be in the public interest. When considering a question of public interest, Cabinet may (but is not required to) consider illegal or unethical behaviour by the councillor.
- Concepts such as “unwilling, unable or refusing to do the job for which they were elected” and “public interest” are not defined.
- Amending or repealing bylaws (s. 603.01):
- The amendments introduce several criteria required to justify Cabinet forcing amendment or repeal of a bylaw. Note that this action can be taken if any one of the following are met:
- The bylaw exceeds the scope of the purpose of a municipality in section 3 of the Municipal Government Act (MGA) or otherwise exceeds the authority granted to a municipality under the MGA or any other statute.
- The bylaw contravenes the Constitution of Canada.
- The bylaw conflicts with any other provincial statute.
- The bylaw is contrary to provincial policy.
- The amendments introduce several criteria required to justify Cabinet forcing amendment or repeal of a bylaw. Note that this action can be taken if any one of the following are met:
While the amendments do provide limited clarity on how both powers could be used, each includes broad, undefined language that would continue to allow Cabinet to act for nearly any reason (“public interest” in the case of councillor removal and “provincial policy” in relation to bylaw amendment). The RMA’s more detailed response to the amendments is outlined in a media release, but the view of the association is that these amendments are not nearly adequate to address the risks that Bill 20 introduces to municipal democracy and autonomy.
Karrina Jung
Policy Advisor
780.955.4085
karrina@RMAlberta.com
Wyatt Skovron
General Manager of Policy & Advocacy
780.955.4096
wyatt@RMAlberta.com