Changes coming to rules governing municipal planning and development

The Ministry of Municipal Affairs held stakeholder engagement sessions in August on proposed changes to the planning and development sections of the Municipal Government Act (MGA). Alberta's municipal associations, the Cities of Edmonton and Calgary and BILD Alberta, which represents developers, were asked for their feedback on the proposed changes, which address:

• general streamlining;
• timelines for development;
• Municipal Government Board appeals for matters approved by the provincial government;
• municipal reserves; and
• off-site levies.

Due to very tight timelines and a confidential process, AUMA was not able seek broad input from our members on the proposed planning and development amendments. We did reach out to a few municipalities who would be most directly impacted and other municipal groups engaged in the review to compare notes and align feedback.

Amendments are being proposed through Bill 48, Red Tape Reduction Implementation Act, 2020 (No. 2), which was tabled in the Legislature on November 16, 2020. The province stated that the proposed changes to the MGA, and several other Acts, in Bill 48 will speed up approvals, reduce wait times, and will make it as easy as possible for businesses to operate, create jobs and drive Alberta’s economy forward.

The proposed amendments to the MGA do not incorporate the feedback that municipal representatives provided at the stakeholder engagement sessions, and although they substantially align with the requests made by BILD Alberta at these sessions, they do not go as far as BILD would have liked in restructuring development-related requirements. For example, BILD asked for legislated collaboration in the development of off-site levies.

At a high level, the proposed planning and development amendments, if passed, may limit some of the flexibility and local decision-making authority currently provided to municipalities. However, it does not appear that they would significantly impact municipal day-to-day operations or long-term strategic plans.

The changes made to appeal processes resulting from the amalgamation of the Municipal Government Board (MGB) with three other property-rights-related boards, and the hearing of all appeals involving a provincial matter or decision by the MGB may potentially be the most problematic for municipalities. It is essential that tribunal members hearing the appeals have adequate knowledge about municipal matters and give appropriate consideration to municipal interests. AUMA is following up on this matter.

The next phase of Municipal Affairs’ red tape reduction review of the MGA will look at the general governance provisions in Parts 1 to 8. The Ministry will again hold stakeholder engagement sessions that will involve discussion of high-level amendment proposals, although session dates have not yet been determined.

If you have any questions on the MGA planning and development amendments, or if you would like a copy of AUMA’s submission to the province or more information on our analysis of Bill 48, please contact AUMA Advocacy staff at advocacy [at] auma.ca (advocacy[at]auma[dot]ca).