+ RMA Rural Municipalities
of Alberta

Resolution 9-08F

Hamlets Not Being Treated Equitably in the Province of Alberta

Date:
January 1, 2008
Expiry Date:
December 1, 2011
Active Status:
Expired
Sponsors:
County of Newell
District:
District1
Year:
2008
Convention:
Fall
Category:
Water
Status:
Intent Not Met
Vote Results:
Carried
Preamble:

WHEREAS the Municipal Government Act is very clear on the designation of a hamlet; and

WHEREAS all hamlets that have water and sewer systems are faced with the new licensing requirements from Alberta Environment; and

WHEREAS the Alberta Water and Wastewater Program on provides funding under their grant programs to certain designated hamlets in Alberta;

Operative Clause:

THEREFORE BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties request that the Government of Alberta provide consistent grant funding opportunities to all hamlets that are designated under Section 59 of the MGA.

Member Background:

The County of Newell has made application to Alberta Transportation for the upgrades to 5 Hamlet Water Treatment Plants under the Alberta Water and Wastewater Partnership Grant Program.  The upgrades are required at each Hamlet in order to be able to provide safe and secure potable water to their ratepayers that will meet Alberta Environment licensing requirements.

Early in 2008, County of Newell was approved for funding under the Alberta Water and Wastewater Partnership Program for 4 Hamlets.  The fifth Hamlet, being Lake Newell Resort, was not approved.  The upgrades required at Lake Newell are estimated to be in excess of $1 million dollars which puts enormous financial strain on the 100 properties being currently serviced in the Hamlet. 

The County of Newell is unable to explain to the Hamlet of Lake Newell Resort the difference between meeting Section 59 of the Municipal Government Act and the decision by Alberta Transportation that they do not qualify for funding, when the property owners know that the other 4 Hamlets in the County of Newell received funding approval for identical projects for providing safe and secure drinking water.

On October 11th, 2007 Lake Newell Resort became a designated Hamlet with resolution C-437-07.  Lake Newell Resort currently is a Hamlet as defined by Municipal Affairs and Section 59 of the Municipal Government Act.

Alberta Transportation advised that it does not qualify as “Eligible hamlets are not intended to include country residential subdivisions, condominium associations, or private developments, as this program is intended to support the construction of lasting public street and transportation improvements within urbanized communities”.   While the wording deals with the Street Improvement Program it is still the criteria that Alberta Transportation uses for the Alberta Water and Wastewater Program as well.

In closing, the County of Newell would like to advance the following resolution so that all Hamlets in Alberta which are designated and meet the conditions under Section 59 of the Municipal Government Act will receive equitable grant funding.

RMA Background:

Resolution 9-08S urges a complete review of the Code of Practice for a Waterworks System Consisting Solely of a Water Distribution System that accommodates the operation of rural and smaller community water systems.  This resolution also deals with licensing requires and the related financial impacts related to water systems. Alberta Environment is currently reviewing the Code of Practice to address all concerns identified since inception in 2003, including those raised by the Alberta Association of Municipal Districts and Counties.

Resolution 16-05F: THEREFORE BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties request the Province of Alberta to amend the Alberta Municipal Infrastructure Program funding formula to ensure that the same basic funding of $500,000 that was provided to villages shall also apply to hamlets.

Government Response:

Transportation:
Alberta Transportation’s funding available to hamlets is intended to support the construction of lasting public street and transportation improvements within urbanized communities.  Alberta Transportation’s guidelines indicate that, to be considered as eligible, the hamlet must be a designated hamlet as defined by Municipal Affairs and consist of a group of 10 or more occupied dwellings, a majority of which are on titled parcels of less than 1,850 square metres, with a defined boundary, a distinct name, and the existence of provision for non-residential uses.  Eligible hamlets are not intended to include country residential subdivisions, condominium associations, or private developments.  Counties, municipal districts, Métis Settlements and the Special Areas are responsible for making applications on behalf of eligible hamlets.  Rural municipalities may apply to the department to include communities on the official list of eligible hamlets by forwarding a plan showing parcel size, land use designations, population, and community boundary.

Municipal Affairs:
The Alberta Municipal Water/Wastewater Partnership (AMWWP), administered by Alberta Transportation, is intended to enhance life in smaller urbanized centres and allow municipalities to attract development to their communities.  The program provides cost-shared funding to assist eligible municipalities in the construction of municipal water supply and treatment, as well as wastewater treatment and disposal facilities.  Various initiatives have been included in the program to ensure the needs of Alberta municipalities are met.
Under Section 59 of the Municipal Government Act, the council of a municipal district or specialized municipality may designate an unincorporated community within its boundaries to be a hamlet if the community:

• consists of five or more buildings used as dwellings, a majority of which are on parcels of land smaller than 1,850 square metres;
• has a generally accepted boundary and name; and
• contains parcels of land that are used for non residential purposes.
However, for purposes of qualifying under AMWWP guidelines, counties, municipal districts, Métis Settlements, special areas, and improvement districts are responsible for making applications on behalf of communities within their jurisdictions that meet one of the following criteria:
• inclusion on an official list of eligible hamlets as determined by Alberta Transportation, or
• deemed to be an eligible hamlet by consisting of a group of 10 or more occupied dwellings, a majority of which are on titled parcels of less than 1,850 square meters, with a defined boundary, a distinct name, and the existence of provision for non-residential uses.
Eligible hamlets are not intended to include country residential subdivisions, condominium associations, or private developments.
Rural municipalities should inquire whether a specific hamlet is included on the official list of eligible hamlets prior to project implementation.  Applications to include communities on the official list of eligible hamlets may be made to Alberta Transportation by forwarding a plan showing parcel size, land-use designations, population, and community boundary.

Development:

The Alberta Municipal Water Wastewater Partnership grant qualifications continue to contain additional criteria beyond that of the MGA. The AAMDC will continue to urge that grant funding be applicable to hamlets as defined under the MGA without further qualification, such as additional dwelling/parcel requirements.

Provincial Ministries:
Municipal Affairs|-|Transportation
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