Alberta Record

· Order in Council / City of Calgary Charter Amendment · in-force

OIC 135/2024: Amends City Charters for Off-Site Levy Appeals and Planning Requirements

OIC 135/2024 amends the City of Calgary Charter and the City of Edmonton Charter. It establishes new appeal processes for off-site levies to the Land and Property Rights Tribunal, mandates transparency for levy calculations, and expands con

High impactCentralization of powerLocal autonomyInstitutional independenceMunicipalitiesThe public, directlyIndependent watchdogs

What changed

  • Establishes a new process allowing any person (Calgary) or directly affected person (Edmonton) to appeal provisions of an off-site levy bylaw to the Land and Property Rights Tribunal (LPRT) on specified grounds, including calculation accuracy and proportionality.
  • Mandates that off-site levies imposed by Calgary and Edmonton must be fairly determined and reasonably proportionate to the benefit derived. Both cities must publicly disclose all data, assumptions, and calculations used, and periodically review levy calculations.
  • Expands consultation requirements for the Cities of Calgary and Edmonton to include adjacent Indian bands or Métis settlements when adopting certain statutory plans affecting land near reserves or Métis settlements.
  • Grants the Cities of Calgary and Edmonton new authority to vary or add to subdivision application requirements through their land use bylaws.
  • Stipulates that off-site levy funds collected during an appeal must be held in a separate account and not used until the appeal is determined by the Land and Property Rights Tribunal (LPRT).

Why it matters

  • Shifts the final authority for determining the validity of off-site levy bylaws from the Cities of Calgary and Edmonton to the provincial Land and Property Rights Tribunal, providing a new avenue for developers and other directly affected persons to challenge municipal levies.
  • Increases transparency and accountability for both cities' methodology and data used in calculating off-site levies, providing greater clarity for affected parties and enabling independent verification.
  • Introduces a legal standard for the proportionality and fairness of off-site levies, potentially limiting the cities' discretion in setting these charges and influencing development costs and processes.
  • Modifies the cities' consultation obligations for certain land use plans, requiring engagement with adjacent Indigenous communities, potentially improving inter-governmental relations and land use planning outcomes.
  • Enhances the cities' flexibility in tailoring subdivision application requirements to local contexts through their land use bylaws.
  • Introduces a mechanism to safeguard collected off-site levy funds during an appeal, ensuring they are not spent prematurely if the bylaw is later deemed invalid.

Rights affected

  • Access to information — The ability to see public records and government decisions.

Other governance concerns

  • Shift of municipal decision-making authority to a provincial tribunal regarding off-site levies.
  • Impact on municipal revenue generation and infrastructure funding certainty due to appeal processes.
  • Increased administrative burden for the City of Calgary in managing off-site levy appeals and transparency requirements.
  • Enhanced oversight of municipal off-site levy practices by a provincial body.
  • Changes to municipal consultation requirements for land use planning.
  • Potential impact on municipal fiscal planning due to off-site levy appeal delays.
  • Clarity of the 'fairly determined and reasonably proportionate' standard for levies.
  • Potential for increased litigation or appeals regarding off-site levies.

Primary sources (2)