Councillor inquiry concerned with MGA compliance

Posted on October 3, 2024 by Sunny South News

By Nikki Jamieson
Sunny South News

Work is underway to ensure that Coalhurst’s online posting is fully in compliance with the Municipal Government Act.

During their regular Sept. 17 meeting, Coalhurst town council received a response to a councillor inquiry regarding MGA compliance regarding publicly posting policies, and if they were not, what efforts were being made to meet the MGA requirements.

According to section 638.2 of the MGA “638.2(1) Every municipality must compile and keep updated a list of any policies that may be considered in making decisions under this Part  (a) that have been approved by council by resolution or bylaw, or (b) that have been made by a body or person to whom powers, duties or functions are delegated under section 203 or 209, and that do not form part of a bylaw made under this Part. (2) The municipality must publish the following on the municipality’s website: (a) the list of the policies referred to in subsection (1); (b) the policies described in subsection (1); (c) a summary of the policies described in subsection (1) and of how they relate to each other and how they relate to any statutory plans and bylaws passed in accordance with this Part; (d) any documents incorporated by reference in any bylaws passed in accordance with this Part. (3) A development authority, subdivision authority, subdivision and development appeal board, the Land and Property Rights Tribunal or a court shall not have regard to any policy approved by a council or by a person or body referred to in subsection (1)(b) unless the policy is set out in the list prepared and maintained under subsection (1) and published in accordance with subsection (2).”

According to inquiry report, Alberta Municipalities had recently posted an article, “Casual Legal: Listing & Publishing of Policies”. The article referred to a court of appeal case, where a standard in a policy had not bee posted to a municipal website, and subsequently was not met by developers, who did not have access to it. The town was, as a result, limited in their abilities to address it as well. 

Additionally, section 638.2 of the MGA also limits an appeal board from being able to enforce the policy if it was not properly posted.

According to the administrative response, most of the town’s policies and bylaws pertaining to Planning and Development are already available on the website, as per section 17 of the MGA. Town administration is adding any relevant documents not currently not included, and will ensure they can be found in an easy-to-access online location. Christy Henning, the town’s director of community development, confirmed in the report that once they have all the needed documents and know what need to be done, it will be a “straightforward task” to update the town’s website. 

The town’s interim director of legislative services, Larry Randle, is in consultation with other town staff and currently compiling all the needed documentation related to section 17 that is required for the town to be fully in compliant of the MGA, and this expected to be done by the end of October, 2024

“It sounds like administration is trying to make sure everything is 100 per cent in compliance by the end of October,” said Coun. Scott Akkermans, who made in inquiry. “I’m happy to hear that we’re being fully compliant with the MGA.”