Casual Legal: Counting the Days: The Computation of Time under the Municipal Government Act

Counting the Days: The Computation of Time under the Municipal Government Act

By Daina Young

Reynolds Mirth Richards Farmer LLP

AMSC Casual Legal Service Provider

The Municipal Government Act contains many timelines and references to periods of time. Various “things” are required to be done “within” a specified number of days or “no later than” a specified number of days after the happening of another event, or take effect a specified number of days “after” something else occurs.

The computation of time under the Municipal Government Act affects matters ranging from council procedures, assessment and taxation, planning and development, and public participation, amongst other things. Determining how the timelines set out in the Act apply can be challenging, especially when the consequences are significant such as when determining whether or not an appeal was filed in time.

Section 22 of Alberta’s Interpretation Act sets out a number of rules with respect to the computation of time, which generally apply to the Municipal Government Act. For example:

• If the time set out in the MGA “for registration or filing of an instrument, or for the doing of anything, expires or falls on a day on which the office or place in which the instrument or thing is required to be registered, filed or done is not open during its regular hours of business, the instrument or thing may be registered, filed or done on the day next following on which the office or place is open”.
• If the time set out in the MGA for doing a thing expires or falls on a holiday, the thing may be done on the next day following that is not a holiday. “Holiday” is defined in the Interpretation Act, and includes Sundays.
• If the MGA contains a reference to a number of days which are expressed to be clear days or “at least” or “not less than” a number of days between two events, the days on which the events happened shall be excluded in calculating the number of days. If the MGA does not contain a reference to clear days or “at least” or “not less than” a number of days between two events, the day on which the first event happens shall be excluded and the day on which the second event happened shall be included.
• If the MGA expresses a period of time as beginning or ending at, on or with a specified day or to continue to or until a specified day, the time includes that day. If a time is expressed to begin after or to be from a specified day, the time does not include that day.
• If the MGA provides that anything is to be done within a time after, from, or of before a specified day, the time does not include that day.

This is not an exhaustive list of the principles of interpretation and computation of time set out in the Interpretation Act, and must be read alongside the specific wording and requirements of the Municipal Government Act at issue in any given case. However, these rules do frequently apply, and the Interpretation Act should be kept in mind and considered when interpreting and applying the timelines and periods of time referred to in the Municipal Government Act.

To access AMSC’s Casual Legal Helpline, AUMA members can call toll-free to 1-800-661-7673 or email casuallegal [at] amsc.ca (casuallegal[at]amsc[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] auma.ca (riskcontrol[at]auma[dot]ca), or call 310-AUMA (2862) to speak to AUMA’s Risk Management staff. Any Regular or Associate member of the AUMA can access the Casual Legal Service.

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.