Casual Legal: Questions about quorum
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made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.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 Daina Young
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
One of the requirements for valid action by a council under the Municipal Government Act (MGA) is that decisions be made by a council during a public meeting at which quorum is present.
Section 167 of the MGA provides that the quorum of council is the majority of all the councillors that comprise the council; or, in situations where there is a vacancy on council and council is not required to hold a by-election, the majority of the remaining councillors. The legislation also specifies that for the purpose of determining quorum, a councillor is deemed to be absent for a vote if they are required to abstain from the vote or are permitted to abstain from the vote and do in fact abstain (s 167(2)).
Circumstances may arise where a council finds it is without quorum. For example where, as a result of required or permitted abstentions from voting on a matter, the number of remaining councillors able to vote is less than a quorum. Section 168(2) of the MGA authorizes the Minister of Municipal Affairs to make orders or directions in relation to the lack of quorum, such as ordering that the remaining councillors constitute a quorum, or appointing an official administrator with the powers and duties of the council.
Elected officials should be aware that the rules set out in the MGA in relation to quorum, and lack of quorum, are specific to municipal councils. A member of council may be appointed to another body by council, such as the Board of Directors for a non-profit organization or a Subdivision and Development Appeal Board, which has different requirements in relation to quorum. These requirements may be set out in the governing legislative framework, or in the body’s bylaws. Those are the requirements that will apply while the member of council is acting in that capacity.
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.
