Unleashing the environmental power of municipalities: Recommendations to strengthen Alberta's municipal government act.

AuthorPowell, Brenda Heenan

Municipalities play a key role in the management and protection of Alberta's environment. This occurs through regulation of private land uses and through local land use planning. Municipalities can also direct local changes that reduce the trajectory of greenhouse gas (GHG) emissions and create resilient communities that can adapt to the changes caused by climate change.

However, the environmental management and protection role played by municipalities could be enhanced with legislative changes. Changes should be made to clarify municipal purposes and to create a specific bylaw power allowing municipalities to address environmental matters. As well, changes should be made to expand the currently limited range of enforcement tools and revenue powers available to municipalities. Finally, public participation opportunities in municipal decision-making can be improved with legislative changes.

Municipal Government Act Review

In Alberta, the powers and activities of municipalities are governed by the Municipal Government Act (the "MGA"). Over the past couple of years, the Alberta government has been reviewing the MGA (as well as negotiating City Charters with the municipalities of Edmonton and Calgary). Consultations on the MGA commenced in January 2013 (review details can be found on the MGA Review website).

Following the review process, some changes to the MGA were made with

the introduction and passage of Bill 20: Municipal Government Amendment Act in March 2015. The most significant of these changes are provisions enabling the creation of City Charters which may modify or make inapplicable specific provisions of the MGA to Charter Cities. As well, a City Charter may enable a Charter City to modify or replace provisions of the MGA via bylaw. In addition, there were minor changes to provisions dealing with assessment of property definitions, general taxation provisions, local improvement taxes, and off-site levies.

A second amendment bill is expected this spring (see the government's Next Steps website). The government has indicated that its priorities for the updated MGA are:

* strengthened provincial-municipal relations;

* greater regional collaboration;

* more sustainable and inclusive development;

* further responsibility for land use and environmental conservation; and

* increased fairness and consistency for Alberta taxpayers.

Given that the current MGA does little to expressly require or to empower municipalities to manage and protect...

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