Resolution 12-25S

Enabling Service of Offence Notices for Bylaw Matters via Ordinary Mail

Date:

March 2025

Expiry Date:

April 2028

Current Status:

At District

Sponsors:

Lacombe County

District:

2 – Central

Year:

2025

Convention:

Spring

Category:

Municipal Governance and Finances

Status:

At District

Vote Results:

Awaiting Vote

Preamble:

WHEREAS rural municipalities are responsible for enforcing a wide range of municipal bylaws, including those related to property maintenance, snow removal, grass cutting, and animal control, to ensure community standards, safety, and well-being; and

WHEREAS the Provincial Offences Procedure Act (POPA) currently requires personal service of offence notices for municipal bylaw contraventions, except in speciﬁc instances such as parking violations or offences designated by the Minister under section 31(5)(c); and

WHEREAS personal service of offence notices pose challenges in rural municipalities due to the frequent unavailability of property owners or animal owners, absentee landlords, non-local individuals, or transient pet owners, resulting in inefficiencies and delays in enforcement; and

WHEREAS this personal service requirement creates unnecessary administrative burdens and costs for municipalities, constituting a form of red tape that reduces the effectiveness of bylaw enforcement and impedes timely resolution of community concerns; and

WHEREAS the Government of Alberta has committed to cutting red tape to improve services, reduce burdens, and save time and resources for municipalities and citizens.

Operative Clause:

THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) advocate to the Government of Alberta to amend the Provincial Offences Procedure Act (POPA) to:

Expand the use of ordinary mail as a means of serving offence notices under POPA;
Designate speciﬁc classes of municipal bylaw offences, including those related to property maintenance, snow removal, grass cutting, and animal control, as eligible for service by ordinary mail under section 31(5)(c) of POPA; and
Allow municipalities to authorize service by ordinary mail in their bylaws, provided reliable address records are available through sources such as the Registrar of Motor Vehicle Services.

Member Background:

Rural municipalities face unique challenges in enforcing bylaws across large geographic areas with sparse populations. The current requirement for personal service of offence notices under POPA results in unnecessary administrative delays, increased enforcement costs, and reduced compliance, particularly when dealing with:

Absentee landlords or non-local property owners for property maintenance, snow removal, and grass cutting offences.
Transient or non-local animal owners for animal control violations.

These barriers constitute red tape, creating inefficiencies and preventing municipalities from focusing their resources on improving community standards and public safety.

Amending POPA to allow for service of offence notices via ordinary mail rather than in person for designated bylaw offences aligns with Alberta’s Red Tape Reduction Strategy by:

Streamlining administrative processes for municipalities;
Reducing enforcement costs and resource requirements;
Improving compliance rates through timely and efficient notice delivery.

This resolution supports Alberta’s commitment to cutting red tape, empowering municipalities, and improving enforcement of bylaws related to property maintenance, snow removal, grass cutting, and animal control.

RMA Background:

RMA has no active resolutions directly related to this issue.

Government Response:

None reported.

Development:

None reported.

Provincial Ministries:

None reported.

Provincial Boards and Organizations:

None reported.

Federal Ministries and Bodies:

None reported.

Internal Notes:

None reported.