The Municipal Government Board.

• Author: Bowal, Peter

Introduction

In Alberta, hundreds of administrative agencies, boards and commissions implement legislation and adjudicate rights and responsibilities of private parties (individuals and companies) under that legislation. One of the least known, but busiest boards in this administrative process, is the Municipal Government Board (MGB) [http://www.municipalaffairs.alberta.ca/municipal-government-board].

This article describes the MGB's varied range of work. In the interests of transparency, I will also disclose that I have been a member of the MGB for one year.

Municipal Matters

As the name suggests, the MGB deals with issues that relate to municipalities, which are regional zones. Municipalities may be cities, rural counties or a mix of both. Under our constitutional system, municipalities come within the legal jurisdiction of the provinces in which they are located.

The provinces delegate certain powers to municipalities, such as the provision of essential services like police and fire protection, water, sewers, roads, garbage collection and some social services. Municipalities also control land use planning and development, noise, pets, business licensing, public transportation (if any), libraries and recreational facilities such as parks and sports complexes. In order to pay for these services and facilities, the municipality must levy fees and collect taxes, mostly on developed real estate. Municipal government is also called "local government" because it is the government closest to people and their daily lives.

Legislative Framework

All administrative agencies that implement legislation and make decisions are created and empowered by that same legislation. In the case of the MGB, the legislation is the Municipal Government Act [RSA 2000, c M-26, http://canlii.ca/t/52gtf]. Part 12 (sections 485 to 527.1) establishes the MGB, but it is also governed by several regulations, guidelines and policies.

The MGB is a relatively new quasi-judicial board that is the amalgamation of the former Alberta Assessment Appeal Board, the Alberta Planning Board and the Local Authorities Board. Today, while the Minister of Municipal Affairs may still assign the MGB specific tasks, its main adjudication is divided between planning functions and assessment functions.

Planning Functions

Planning refers to how communities are organized. Well-planned districts work better and are more attractive places in which to live. Subdivision is the process of breaking a...