Alberta Record

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

Oic 2024 135 calgary charter amendment

This Order in Council amends the City of Calgary Charter, 2018 Regulation, introducing new appeal processes for off-site levies to the Land and Property Rights Tribunal, enhancing transparency requirements for levy calculations, and modify…

High impactCentralization of powerLocal autonomyInstitutional independenceMunicipalitiesThe public, directlyIndependent watchdogs

What changed

  • Establishes a new process allowing any person to appeal provisions of an off-site levy bylaw to the Land and Property Rights Tribunal (LPRT) on specified grounds.
  • Mandates that off-site levies imposed by the City of Calgary must be fairly determined and reasonably proportionate to the benefit derived by the land.
  • Requires the City to make publicly available all information, data, assumptions, and calculations used to determine off-site levies, enabling independent verification.
  • Defines specific criteria for the methodology used in calculating off-site levies, including consistency across the City for a given infrastructure type and periodic review.
  • Expands consultation requirements for the City of Calgary to include adjacent Indian bands or Metis settlements when adopting certain statutory plans.
  • Grants the City of Calgary new authority to vary or add to subdivision application requirements through its land use bylaw.
  • Establishes new requirements for the City of Edmonton to consult with adjacent Indigenous communities when adopting statutory plans affecting land near reserves or Metis settlements.
  • Mandates that off-site levies imposed by the City of Edmonton must be fairly determined and reasonably proportionate to the benefit received by the land being subdivided or developed.
  • Introduces a new process for any directly affected person to appeal off-site levy bylaws to the Land and Property Rights Tribunal (LPRT) on specified grounds, including calculation accuracy and proportionality.
  • Requires the City of Edmonton to make all data, assumptions, and calculations used for off-site levies publicly available, and to periodically review levy calculations.
  • Allows the City of Edmonton to vary or add to subdivision application requirements through its land use bylaw.
  • 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 LPRT.

Why it matters

  • Shifts the final authority for determining the validity of off-site levy bylaws from the City of Calgary to the provincial Land and Property Rights Tribunal.
  • Increases transparency and accountability for the City's methodology and data used in calculating off-site levies, providing greater clarity for affected parties.
  • Provides a new avenue for developers and other directly affected persons to challenge municipal off-site levies, potentially influencing development costs and processes.
  • Introduces a legal standard for the proportionality and fairness of off-site levies, potentially limiting the City's discretion in setting these charges.
  • Modifies the City's consultation obligations for certain land use plans, requiring engagement with adjacent Indigenous communities.
  • Enhances the City's flexibility in tailoring subdivision application requirements to local contexts through its land use bylaws.
  • Increases transparency and accountability in the City of Edmonton's off-site levy process by requiring public disclosure of calculation methodologies and data.
  • Provides a new avenue for appeal to an independent tribunal (LPRT) for those directly affected by off-site levies, potentially reducing the City's discretion in levy imposition.
  • Enhances the rights of property developers and landowners by ensuring off-site levies are proportionate to benefits and subject to external review.
  • Expands the scope of consultation for statutory plans to include Indigenous communities, potentially improving inter-governmental relations and land use planning outcomes.
  • Grants the City of Edmonton greater flexibility in setting subdivision application requirements, allowing for more tailored local regulations.
  • 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)