Casual Legal: Public interest standing and bylaw amendments

By Jessica Fleming
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider 

The Court of Queen’s Bench recently addressed public interest standing to challenge bylaw amendments.

In a recent decision, a Conservation Society sought to challenge two bylaws put in place to rezone an area of the North Saskatchewan River Valley to allow for a solar plant, a project for which Epcor Water Services obtained approval from the Alberta Utilities Commission.

Because the Conservation Society was not a land owner and had no direct interest in the matter, it had to meet the test for public interest standing. Specifically, it needed to show that:

• There was a serious issue to address; 
• The Conservation Society had a genuine interest in the outcome; and 
• Seeking judicial review of the bylaws was an effective way to bring the matter before the Court.

In finding the test was met, the Court held: the land use in issue was a serious issue as the River Valley “is one of the jewels of the City”, the Conservation Society had a genuine interest in how the River Valley is used, and the only way to bring the matter before the Court was judicial review.

Although the Court found the Conservation Society was able to challenge the bylaws, it went on to find that doing so would have no practical effect. Therefore, while the Conservation Society could show an interest in the matter, the Court did not need to consider their arguments because the conclusion was inevitable: the bylaws would be upheld. This was because Section 619 of the Municipal Government Act provided provincial approval, which took precedence over the municipal bylaws. In other words, City Council had no choice but to rezone in order to allow for the solar plant. While the Conservation Society was able to prove a sufficient interest in the rezoning issue, this was not enough to change the outcome of City Council’s decision.

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or send an 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 send an riskcontrol [at] abmunis.ca (email) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities 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.