Municipal Government Act

The government of Alberta has created, I think, a quasi constitutional crisis with its municipalities.

because they have created uncertainty about their ability to do their jobs according to the Municipal Government Act and the way case law has evolved to require them to do land use using hearings and a process that is quasi-judicial.

But procedurally, as a matter of natural law and administrative fairness, the government of Alberta says, has asked its elected officials who under its own legislation are charged to be agents of fairness.

It has told them to prejudge an outcome.

And all of these things offend what was a normative resolution.

Not written down, but essentially quasi-constitutional premise, which governments in Alberta respected for across stripes, across generations, which was the idea of subsidiarity.

And essentially, even though no one ever wrote it down, home rule, or at least since Modern Municipal Government Act, came into place in Alberta.

And Alberta's was actually one of the first because progressive conservatives of the day respected the premise of subsidiarity and wanted to empower local institutions who are closer to the people and understand what they want.

Cities in Canada, I mean, I'm sure cities all over the world work locally.

a little bit differently, but cities in Canada exist really only at the behest of the province, right? They are corporations that are created kind of under the Municipal Government Act here in Alberta.

And the province, like a lot of people are like, hey, the province can't do that.

And it's kind of like, well, the province can kind of do whatever they want with cities.

All right, let's pop next door from BC to Alberta.

And Alberta's Municipal Government Act creates a structurally similar framework.

The council is required to conduct public hearings on land use bylaws and official plan changes.

Citizens have the right to attend open meetings.

And then the oth-

Because they're required to by the Municipal Government Act, right?

Exactly.

It says you have to.

Yeah

... they're kind of hooped.

And so the mayor's been in the news this week saying that he's considering taking the provincial government to court over this, uh, about, you know, the lack of a directive in writing that administration can work with, but also what you're describing about this ... you know, conflict in the Municipal Government Act rules for, uh, how they're supposed to approach this.

And so maybe that'll go ahead, maybe there'll be some legal action, maybe not.

Edmonton could be taking the province to court over its directive to roll back the city's infill rules.

Mayor Yzernyk says under the Municipal Government Act, councilors are obligated to enter public hearings with an open mind.

But Yzernyk says the provincial order means the government will direct councilors how to vote, in potential violation of the law.

We are essentially opening ourselves up to a violation of the MGA either way, which in turn allows us to be removed from council.

I actually think the minister, if they, if they have a desired outcome, they should just enact their desired outcome, right? That's, and that's why we've asked for things in writing.

And at that point, just, just do it, because then you're not asking council to violate the Municipal Government Act.

Council holds an emergency meeting Friday to discuss legal and financial next steps.

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