Casual Legal: Electronic hearings

DISCLAIMER: This article is meant to provide information to Alberta Municipalities members 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made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. This content is not intended for the general public.

By Justine Fay
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider

The Municipal Affairs Statute Amendment Act, also known as Bill 20, amends provisions of the Municipal Government Act relating to electronic meetings.

Specifically, council must pass a bylaw providing for electronic means for public hearings under Part 17 of the MGA. This must be done no later than April 30, 2025.

Section 199(2.1) states that “[e]very council must by bylaw provide for public hearings under Part 17 to be conducted by electronic means.” The bylaw must include the following information:

• The type of electronic means by which meetings are to be held.
• A requirement that the identity of each councillor attending the meeting be confirmed by a method authorized by bylaw.
• Subject to the exceptions in section 197 regarding closed meetings, the method by which members of the public may access the meeting and make submissions.
• If information in respect of the meeting must be made publicly available, the method for making that information available to the public before and during the meeting, and the method by which public notice of the meeting is given.
• Any other information required by the regulations (as of the date of this article there is nothing further required)

To comply with these new requirements, we recommend amending an existing procedural bylaw to include the above information. Please let our office know if you require any assistance in drafting the amendments to your bylaws.

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or riskcontrol [at] abmunis.ca (email) to connect with Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.