Municipal Law

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  1. What is municipal law?
    “Municipal law” is defined in Black’s Law Dictionary as “those laws which pertain to towns, cities and villages and their local government”. In Alberta, it also pertains to several other ways in which people organize themselves to live together (e.g. summer villages, districts etc.). The general idea, in any event, is that municipal law relates to matters of a local nature.

    Most people associate municipal law with the construction industry (e.g. building codes and permits), the development industry (e.g. zonings, re-zonings, subdivisions) and municipal bylaw drafting and enforcement. In fact, the realm of municipal legal work is complex, and crosses into many other areas of practice, from contracts to real estate to labour and employment law to expropriation and litigation.

  2. I want to re-zone my land. What do I do?
    Zoning, or “land use” bylaws, are a main method whereby a municipality controls orderly development. They deal largely with what are appropriate uses to cluster together (e.g. residential versus commercial versus industrial) and also with appropriate uses of land (e.g. not allowing development in a sensitive wetland).

    Every municipality must pass a land use bylaw. It will contain “permitted” uses (allowed) and “discretionary” uses (“may” be allowed).

    The zoning process is controlled by the local municipality. The process entails submission of a written application, together with a fee, and circulation of the request to various people and agencies, which includes municipal politicians, community leagues, neighbours, other municipal departments and other government agencies.

    After circulation, feedback is assessed, and various meetings held with staff, the applicant and various interested parties. A report from staff is then prepared for a publicized meeting of the municipal politicians to consider the matter. The bylaw is advertised in the newspaper and thereafter a public meeting is held and the municipality either approves or disapproves of the application.

  3. I’ve been charged with a municipal bylaw offence. What should I do?
    There are many different types of bylaw offences, from parking tickets to noise complaints to having an unlicensed dog.

    Many of these tickets have a “specified penalty” attached to them, which means that if you pay the set fine by the date noted, the matter is ended.

    If you go to court, and plead not guilty, you will have a trial date set. There will then be a trial on the date agreed upon, commencing with the calling of witnesses, the taking of testimony under oath, cross-examination etc. If there is a conviction, the fine can be more than the specified penalty. It can be up to $10,000, or imprisonment up to 1 year, or both. However, these are maximum penalties and almost never imposed. Their existence should not deter a person charged from advancing their case if they believe there is a reason to do so.

    The penalties do not result any criminal record.

    Depending on the charge, however, the results can be more damaging than just the ticket. For example, the court can also order the offender to comply with the bylaw from that time onward. Where it is, for example, a noise or a licensing charge, it can subsequently result in the municipality trying to then take away a business licence on “public interest” grounds

  4. I’m paying more property taxes than my neighbour and I want to complain.
    Property taxes come from creating a value for your land (an “assessment”) and then applying a tax “mill” rate to that assessment, which is simply a multiplication exercise.

    You cannot appeal your tax rate, but you can appeal your assessment and, of course, the lower your assessment, the lower your taxes.

    Any assessed person or taxpayer may complain about the assessment of any other assessed person or taxpayer, as well as their own.

    The appeal is made to an assessment review board, and the process is designed largely as an informal one to put individuals at ease as they state their concerns. However, there are often professionals in attendance, especially where large amounts of money are at stake.

    The board can dismiss the complaint, or make changes to the assessment roll or tax roll, but it cannot make any change to “any assessment that is fair and equitable…”.

    An appeal from the decision of an assessment review board lies to the Municipal Government Board.

  5. The City is trying to take away my business licence. What can I do?
    A business licence is an important part of the documentation which allows a business to operate in a municipality. Even if you have other proper licenses from other agencies, and the proper zoning, the taking away of a business licence can mean you are no longer able to operate. Also, if you under a commercial lease, that document often recites that the lease can be cancelled if you are not carrying on a “lawful” commercial enterprise.

    The Municipal Government Act gives authority to municipalities to issue, suspend and cancel licences. Most municipalities have in their licensing bylaws the ability to suspend or cancel a licence “in the public interest”.

    Often the municipality will start with a bylaw infraction and, after conviction when it has proof of the offence, it then takes a further step and tries to cancel the licence.

    Only Council ultimately has the discretion to cancel a licence, although many bylaws start with the administration making the decision, with an appeal to Council. The hearing by Council (usually through a Committee) is conducted in public, and is in the format of a presentation by the licence holder and by the municipal staff. Representations are made, and no sworn testimony is given.

    Because municipal staff (and elected councillors) are often more concerned with compliance with the bylaws than with punishment of the offender, there can be an opportunity to negotiate with the municipality and avoid a licence revocation, upon certain promises of “good behaviour” being made (and kept).