The Statutes Amendment Act creates clarifying amendments to the Municipal Government Act (MGA)
The Government of Alberta passed Bill 18, the Statutes Amendment Act, on June 5, 2018 and it received Royal Asset on June 11, 2018. With this legislation now in force, RMA would like to share the details of the MGA and the new Municipally Controlled Corporations Regulation. The amendments are as follows:
- Correcting section number reference errors (Sections 454.11(2); 457(2); 656(4); 684(4));
- Clarifying that municipalities may pass a supplementary assessment bylaw, but the preparation of supplementary assessments for designated industrial property remains the Provincial Assessor’s responsibility (Section 313(4));
- Clarifying that a notice of development permit decision is considered sent when the written decision is prepared (Sections 642(3); 686(1)(a)(i)(A));
- Removing duplicated wording (Section 654(1.1));
- Clarifying what matters a Subdivision and Development Appeal Board may consider when hearing an appeal for a development permit application that was refused for being incomplete (Section 687(4)); and
- Clarifying that municipalities who are members of a growth management board are not required to create an intermunicipal collaboration framework (ICF) provided that the required elements of an ICF are addressed within the servicing plan or growth plan (Section 708.28(4)).
Additionally, a municipality or group of municipalities were previously required to attain Ministerial approval before they could establish or obtain control of a for-profit corporation, also known as a municipally controlled corporation (MCC). The decision to establish a MCC will now reside with municipal council through passage of a council resolution after completion of public engagement and steps taken to promote transparency. With these MGA amendments and the newly enacted Municipally Controlled Corporations Regulation, municipalities will have greater autonomy effective July 1, 2018. For more information on MCCs, review the Fact Sheet, which is available on the MGA Change Management webpage.
Should you have questions contact Municipal Affairs at 780-427-2225.
For enquiries, please contact:
Allison Hansen
Policy Analyst
allison@RMAlberta.com
Tasha Blumenthal
Director of External Relations & Advocacy
tasha@RMAlberta.com