Municipal Government Act /dlbcrra MUNICIPAL AFFAIRS Office of the Commerce Place Telephone 780/427-4826 Deputy Minister 10155- 102 Street Fax 780/422-9561 Edmonton, Alberta Canada T5J 4L4 August 1999 Dear Stakeholder: In April 1999, we asked for your suggestions for changes to the Municipal Government Act (MGA). This request was part of the department’s ongoing monitoring of the operation of the MGA to ensure that Albertans have the best framework for local government. When enacted in 1994, the MGA consolidated and repealed 21 different Acts relating to municipal legislation. The philosophy of the MGA was changed to an enabling rather than a prescriptive statute to provide for more open and accountable local government, one with increased autonomy and flexibility through the concept of natural person powers. I am pleased to present our stakeholders with a summary of the suggested amendments for your review and comment. In some cases, different stakeholders have made similar suggestions, and these have been combined. We have prepared this document to be ready for further steps in the legislative process if the Minister and his colleagues consider the MGA for amendment in the Spring 2000 Session of the Legislature. Your views are critical to the review and revision of our legislation. Please provide your comments by November 1, 1999, to: Boyd Oberhoffner Director, Legislative Projects Unit Municipal Services Branch 17th Floor, 101 55-1 02nd Street Edmonton, Alberta, T5J 4L4 FAX: 780-420-1016 Email: [email protected] I look forward to receiving your suggestions and working with you on improving the Municipal Government Act. Yours truly, n Eric J. McGinn Deputy Minister / / in 2016 https://archive.org/details/requestedamendmeOOalbe Table of Contents Requested Amendments Relating to Governance & A dministration Item Page 1 Identify and Protect Municipal Fees 1 2 Allow Option to Require Residential Sprinklers 1 3 Provide Criteria for the Establishment of More Equitable Municipal Fees 2 4 Modify Approval Process for Waste Management Agreements 3 5 Clarify Acquisition of Land Outside Municipal Boundaries 3 6 Clarify Separation of Land from an Existing Municipality to Form a N ew Municipality 4 7 Change Status and Name of Municipality by Ministerial Order 5 8 Clarify Dissolution Orders 5 9 Clarify Pecuniary Interest Provisions 6 10 Make Councillors Seeking Municipal Employment Resign 7 1 1 Enforce Disqualification of Councillors 7 12 Allow Council to Pass a M otion Excusing a C ouncillor from Voting 7 13 Clarify Establishment of Council Committees by Secret Ballot 8 14 Clarify Majority Needed at Special Council Meetings 9 15 Clarify Tax Exemption for Elected Municipal Officers 9 1 6 Clarify Duties of the Chief Administrative Officer Regarding Advising Council of its Legislative Responsibilities 10 17 Allow for Mandatory Municipal Benefit Plans 1 1 1 8 Allow Petitioning for a R esolution for a V ote of the Electorate 11 1 9 Exempt Borrowing Bylaw from Advertising Provisions when Already Approved by Electorate 12 20 Allow for Transfer of Unexpended Funds Borrowed for Capital Property 12 21 Allow for Design and Consulting Fees to be Incurred Prior to Financing Approval 13 22 Eliminate Advertising Requirement for Long-Term Borrowing Bylaws in Certain Instances 13 23 Clarify Scope of Protection from Liability for Municipal Actions 14 24 Extend Municipal Liability Protection for Damage Caused by Tree Roots 14 25 Allow Certified Copies of Documents in Place of Oral Testimony... 15 26 Allow Certificates re: Business Licences in Place of Oral Testimony 15 Requested Amendments to the Municipal Government Act i Requested Amendments Relating to Assessment & T axation Item Page 27 Add Reference to Municipality for Lands Held Under a L ease, Licence, or Permit 25 28 Change References from “Parcel of Land” and/or “Improvement” to “Property” 25 29 Clarify Exemptions from Taxation for Properties Used for Religious Purposes.. 25 30 Amend Exceptions to Linear Property Definition 26 31 Clarify Definition of “parcel of land” in Relation to Crown Leases 26 32 Allow Municipalities to Prepare Linear Assessments 27 33 Provide Information Necessary to Defend an Assessment 27 34 Clarify Date for Providing Assessment Information 28 35 Remove the Ability to Deny any Person the Right to Make a C omplaint About Assessment 29 36 Revise Legislated Dates of Annual Assessment Cycle 30 37 Include Commercial Farm Property in “Non-Residential” Class 30 38 Allow for Sub-Classess Within the “Non-Residential” Assessment Class 31 39 Repeal the Reference to Cogeneration of Power 31 40 Clarify Tax Treatment of Crown Land 32 41 Allow Assessment of Forest Management Areas.. 32 42 Exempt Air Traffic Navigation Equipment from Assessment and Taxation 33 43 Provide Ratepayers Similar Rights to Information as Allowed for Assessors..... 33 44 Modify Assessment/Tax Provisions to Comply with the Freedom of Information and Protection of Privacy Act (FOIPP) 34 45 Consolidate Parcels for Assessment Purposes 35 46 Clarify Assessed Person of Crown-Owned Property 35 47 Limit Inspection of Assessment Roll to Assessed Persons of the Municipality .. 3 6 48 Allow Supplementary Assessment of Land Affected by a C hange in Land Use District Designations 36 49 Clarify Preparation of Supplementary Assessments for Other Improvements ... 37 50 Base Equalized Assessments on Market Value 38 51 Allow Municipalities to Inspect Equalized Assessment Information Submitted by Other Municipalities 38 52 Enhance Equalized Assessment Reports Provided by the Minister 38 53 Prohibit Property Valuation Regulations from Mitigating Property Tax 39 54 Require Public Hearings Prior to Equalized Assessment Adjustments 39 55 Include Land in the Definition of Student Dormitory.... 40 56 Allow for Electronic Tax Payment 4 0 57 Clarify Tax Rates for Non-Residential and Machinery and Equipment Assessment Classes 40 58 Correlate Residential and Non-Residential Tax Rates 41 59 Clarify Minimum Property Tax Amounts 42 60 Cap or Reduce Level of Education Funding that is Collected from the Property Tax Base 42 Requested Amendments to the Municipal Government Act '• Item Page 61 Consolidate “Seniors’ Use Property” 43 62 Consolidate all Property Tax Exemption Classifications 43 63 Clarify Interest Held by the Crown 44 64 Remove Overlap of Property Tax Exemption Classifications 44 65 Require an Application for a P roperty Tax Exemption 45 66 Establish Timelines for all Property Tax Exemption Requests and Applications 46 67 Allow Municipalities to Make Machinery and Equipment Non-Assessable 46 68 Modify Business Tax on Farming Operations 46 69 Link Business Assessment Provisions to Market Value Standard 47 70 Move all Business Assessment Provisions into the Assessment Part 47 71 Clarify Tax Status of Linear Property in Business Premises 48 72 Change Reference from “parcel of land” to “property” in Respect of a Local Improvement Tax 48 73 Authorize Local Improvements Despite Receiving Petitions 49 74 Clarify Notice Provisions for Local Improvement Tax Notices 49 75 Authorize Designated Officers to Change Local Improvement Charges due to Parcel Subdivision or Consolidation 50 Requested Amendments Relating to Assessment Complaints & A ppeals 76 Require Repayment of Previously Paid Taxes from an Assessment Complaint or Appeal 65 77 Limit Right of Assessment Complaint to Assessed Persons 65 78 Require Approval of Agreed-Upon Assessed Value 66 79 Extend Time Limit for Assessment Review Board Decisions 66 80 Clarify Required Changes to the Assessment Roll 67 81 Establish Maximum Assessment Complaint Fee for Condominiums 67 82 Modify Assessment Review Board Structure 68 83 Repeal Municipal Government Board Jurisdiction Limitations Regarding Equalized Assessment Appeals 68 84 Authorize Municipal Government Board to Consider any Municipality’s Equalized Assessment 69 85 Clarify Notice of Decision/Limitation Period for Judicial Review 70 Requested Amendments Relating to Tax Recovery Processes 86 Recover Costs Related to Contaminated Parcels 75 87 Prohibit Transfer of Title While Under Tax Recovery 75 88 Address Tax Recovery of Properties under One Title but Located in Two or More Municipalities 76 89 Clarify Acquisition of Condominiums in Tax Recovery 76 90 Clarify Responsibility to Report the Serial Number of Designated Manufactured Homes 77 iii Requested Amendments to the Municipal Government Act Requested Amendments Relating to Planning & D evelopment Item Page 91 Define Reasonable Planning Fees.... 81 92 Add Protection for Natural Areas 81 93 Allow for Development Permits, Subdivision Approvals and Appeals on Uncertified Airport Lands 81 94 Establish Guidelines for Bare Land Condominiums 82 95 Modify Off-Site Levies 82 96 Allow for Transportation Infrastructure Levies 83 97 Provide for Transparency and Accountability in Development Levy Process.... 83 98 Require Subdivision Approval on Abandoned Railway Lands 84 99 Allow for Registration of Long-Term Leases Without Subdivision Authority 84 100 Clarify Notification of Adjacent Landowners in Subdivision Approval Process... 84 101 Allow Environmental Reserves to be Deferred 85 1 02 Allow for Proportional Deferral of Reserves 85 103 Hear all Subdivision Appeals at Local Level..... 86 104 Allow Development Appeals to be Referred Back to the Development Authority for Reconsideration 86 105 Clarify Vote Following Joint Public Hearing Process 86 106 Provide for Notice Alternatives for Land Use Bylaw Amendments 8 7 Requested Amendments to the Municipal Government Act 'v