Alberta Record

· Order in Council / Red Tape Reduction Act sections proclaimed · enacted

Order in council 2024 111 red tape reduction act sections

Proclaims sections 9(63) to (65) of the Red Tape Reduction Statutes Amendment Act, 2022 into force, effective January 1, 2025, amending the Safety Codes Act regarding appeals.

High impactCentralization of powerInstitutional independenceLocal autonomyThe public, directlyIndependent watchdogsMunicipalities

What changed

  • The Lieutenant Governor in Council orders a Proclamation to issue.
  • Sections 9(63) to (65) of the Red Tape Reduction Statutes Amendment Act, 2022 are proclaimed into force.
  • These sections amend the Safety Codes Act, specifically regarding appeals processes.
  • The effective date for these amendments is January 1, 2025.
  • Amends the City of Calgary Rivers District Community Revitalization Levy Regulation (AR 232/2006).
  • Replaces the requirement for community revitalization levy bylaws to be "approved by the Lieutenant Governor in Council" with a requirement for approval "in accordance with section 381.2(4) of the Act" in sections 1(b) and 2(2)(b) of the Regulation.
  • Updates a statutory reference in section 4(3) of the Regulation from "section 622" to "section 618.4".
  • Repeals section 5(2) of the Regulation.
  • The City of Edmonton Belvedere Community Revitalization Levy Regulation (AR 57/2010) is amended by this Order in Council.
  • The requirement for community revitalization levy bylaws to be 'approved by the Lieutenant Governor in Council' is removed.
  • Approval for community revitalization levy bylaws is now to be 'approved in accordance with section 381.2(4) of the Act'.
  • Section 4(3) of the regulation is updated to reference section 618.4 of the Municipal Government Act instead of section 622.
  • Section 5(2) of the regulation is repealed.
  • The City of Edmonton the Quarters Downtown Community Revitalization Levy Regulation (AR 173/2010) is amended.
  • Approval for community revitalization levy bylaws is no longer required from the Lieutenant Governor in Council.
  • Approval for these bylaws must now be in accordance with section 381.2(4) of the Municipal Government Act.
  • Section 2(2)(b) of the regulation is repealed and replaced to reflect the new approval process.
  • A reference to section 622 within the regulation is updated to section 618.4.
  • Repeals and replaces section 2(2)(b) of the Cochrane Community Revitalization Levy Regulation (AR 204/2012), changing the approval mechanism for the community revitalization levy bylaw.
  • Amends sections 12(b) and 14(a) of the Regulation to replace references to "approved by the Lieutenant Governor in Council" with "approved in accordance with section 381.2(4) of the Act."
  • Amends section 4(3) of the Regulation by replacing "section 622" with "section 618.4."

Why it matters

  • This action brings legislative amendments to the Safety Codes Act into effect, altering the framework for appeals.
  • The amendments shift certain authorities related to appeals from the Safety Codes Council to the Minister responsible for the Act.
  • The Minister's authority to make regulations respecting appeals is expanded.
  • The delayed effective date provides a transition period before these changes become legally binding.
  • Centralizes the approval process for community revitalization levy bylaws for Calgary's Rivers District under a single ministerial authority, as specified by section 381.2(4) of the Municipal Government Act.
  • Shifts decision-making authority from the collective body of the Lieutenant Governor in Council (Cabinet) to an individual Minister.
  • Potentially streamlines the approval process for these specific municipal bylaws.
  • Reduces the number of approvals required for such bylaws.
  • This amendment centralizes the approval process for the City of Edmonton's Belvedere community revitalization levy bylaws under the Minister of Municipal Affairs, as indicated by the reference to section 381.2(4) of the Municipal Government Act.
  • The change shifts a specific decision-making authority regarding municipal financial tools from the Lieutenant Governor in Council to a single ministerial office.
  • It alters the governance structure for a municipal financial mechanism, potentially streamlining the approval process for future levy bylaws within the specified community.
  • This amendment shifts the final approval authority for specific community revitalization levy bylaws in Edmonton from the provincial executive to a process outlined in the Municipal Government Act.
  • It potentially streamlines the approval process for these bylaws by removing a step requiring provincial Cabinet-level review.
  • The change may grant the City of Edmonton greater autonomy in implementing community revitalization levies within the Quarters Downtown area, subject to the requirements of section 381.2(4) of the MGA.
  • The repeal of section 5(2) and the update of a section reference indicate a modernization or alignment of the regulation with current legislative frameworks.
  • Shifts the specific authority and process required for the approval of Cochrane's community revitalization levy bylaws from direct Lieutenant Governor in Council oversight to a mechanism outlined in section 381.2(4) of the Municipal Government Act.
  • This alters the governance structure for these specific municipal financial tools, changing the power relationship between the municipality and the provincial executive regarding their implementation.
  • The full implications of the changes to sections 4(3) and 5(2), and the specific nature of the approval process under MGA section 381.2(4), require further review of the referenced legislative texts and the original regulation.

Other governance concerns

  • Potential reduction in the independence of the appeals process under the Safety Codes Act.
  • Increased ministerial discretion over appeal regulations.
  • Shift of approval authority from Cabinet to a single Minister
  • Potential for reduced oversight in the approval process
  • Shift in approval authority for municipal financial bylaws
  • Delegation of statutory authority from Lieutenant Governor in Council to a Minister
  • Shift in oversight mechanism for municipal financial tools.
  • Clarity of the new approval process under MGA section 381.2(4) for public understanding.
  • Shift in municipal bylaw approval authority
  • Clarity of new approval process for municipal bylaws

Primary sources (6)