Despite changes announced last week to the UCP government’s controversial Municipal Affairs Statutes Amendment Act (Bill 20), some municipal officials in the district and elsewhere continue to voice concerns.
“Minister McIver’s amendments address some of council’s questions, though not all,” Didsbury mayor Rhonda Hunter told the Albertan. “This is a good start to be getting some answers for which clarification was requested, though I believe we all want more of a response to the unanswered questions and concerns.
“It may be that this is the only response and amendments that the minister will be considering. Time will tell, and, if the third reading in the legislature is indeed May 30, we will know sooner than later if these are the final and only amendments before Bill 20 ultimately receiving Royal Assent.”
Bill 20 makes significant changes to both the Municipal Government Act (MGA) and the Local Authorities Election Act.
In its original form the legislation would have allowed the provincial cabinet to remove sitting municipal elected officials, including mayors, reeves and councillors if cabinet ministers decided removal is in the public interest.
As well, it would have created cabinet authority to require a municipality to amend or repeal any bylaw.
Municipal Affairs Minister Ric McIver announced amendments to the legislation on May 23.
The first amendment repeals power the legislation would have given cabinet to decide, behind closed doors, to oust council members.
Instead the amendment to remove a municipal councillor would be by cabinet ordering a vote by the public to determine whether a council member should be removed.
Regarding the ability to remove or amend local bylaws, the second amendment sets out a series of requirements that must be met before cabinet can intervene, including where the bylaw exceeds the scope of the MGA.
Didsbury
At the May 13 council meeting, Didsbury council passed the following motion regarding the proposed legislation:
“In the spirit of working with the provincial government, that council approve mayor Hunter to send a letter to Premier Danielle Smith, and Minister of Municipal Affairs Ric McIver, and MLA Nathan Cooper (Olds-Didsbury-Three Hills) asking for clarification on the following proposed amendments: removal of councillors and how this would be different from the Recall Act and municipal inspections?
“(And) clarification in rescinding municipal policies and repealing municipal bylaws. And to reiterate council’s willingness to work with the government of Alberta through a collaboration and trust-based consultation process.”
Several other area municipal councils have also commented on Bill 20 since its introduction.
Innisfail
Innisfail town council passed a motion on May 13 to send a letter to the premier for the provincial government to rescind Bill 20 due to the extensive concerns raised by municipal leaders across the province.
The letter has not yet been sent to the province, said mayor Jean Barclay on May 24.
Council also wants the province to engage municipalities to update the Local Authorities Election Act and Municipal Government Act through a collaborative and trust-based consultation process, she said.
Despite the provincial government’s most recent proposed amendments to Bill 20 Barclay told the Albertan that from the standpoint of Alberta Municipalities and the Rural Municipalities of Alberta there still was no consultation on the changes.
“I doubt our associations are overly happy because of the lack of consultation and there were several items that are still in there that have not been changed or discussed,” said Barclay.
Olds
During its May 13 meeting, Olds council voted to have mayor Judy Dahl send a letter expressing the concern of Olds council and other municipalities regarding the above aspects of Bill 20.
That motion also called on the provincial government to “engage municipal governments through a collaborative and trust-based consultation process to update the Local Authorities Election Act and Municipal Government Act to assist municipal governments to effectively govern in the interests of their residents and deliver on the current and future needs of their communities.”
“We are concerned that despite near-universal opposition from municipal associations and governments, the very stakeholders who will be impacted most by these measures, your government appears to be proceeding with little regard for their concerns,” Dahl’s letter said.
“We respectfully request that you consider postponing the passage of Bill 20 until a comprehensive review process involving all stakeholders can be undertaken.”
Olds Coun. James Cummings was the lone voice to speak against council’s motion.
Cummings conceded that “there are parts of this Bill 20 that are not very good in my opinion and or the opinion of everybody else.”
However, he said no piece of legislation “is going to be 100 per cent perfect. We know that, everybody knows that.
“The vast majority of this bill though has been misrepresented in the media drastically as giving them all new powers, which it hasn’t. It’s changed the way powers are being used.”
Mountain View County
Mountain View County reeve Angela Aalbers had voiced concerns with Bill 20.
“We believe the province already has the mechanisms in place to address issues such as municipalities exceeding their jurisdiction,” Aalbers said.
“Therefore, we see the proposed legislative changes as unnecessary. Our stance remains that municipalities should be consulted on legislative changes affecting our ability to represent our constituents.
“Unfortunately, in this instance, we have not been afforded that opportunity, which undermines the trust and collaborative relationships we have worked hard to cultivate with the province.
Following the announcements of amendments, Aalbers told the Albertan, “Our position hasn’t changed.”
Both Rural Municipalities of Alberta (RMA) and Alberta Municipalities Association (ABMunis) issued releases following McIver’s announced amendments to Bill 20.
RMA represents 60 municipalities, including Mountain View and Red Deer counties; ABmunis represents towns and village across the province, including in this district.
“Alberta Municipalities is disappointed to see the provincial government is not listening to Albertans and is ploughing ahead with Bill 20,” said ABmunis president Tyler Gandam.
“Albertans, through numerous polls and responses to this bill have said they don’t want political parties at the municipal level, local elections influenced by corporations and unions, the provincial government taking away power from Alberta voters by being able to repeal municipal bylaws behind closed doors.
“The proposed amendments to Bill 20 did not move the needle on these issues. We are disappointed with the level of provincial government consultation with Albertans, with municipalities and with municipal associations. None of the many solution we shared with the provincial government over the past few months are reflected in these amendments.”
RMA president Paul McLaughlin also expressed disappointment with the amendments to Bill 20.
“After waiting nearly a month for amendments to be introduced, I am frustrated and disappointed that Bill 20 continues to allow for the same cabinet intrusion into local government,” said McLaughlin.
“Our expectation was that Bill 20 would be amended to remove any new provincial powers to remove councillors or amend bylaws. Instead, the powers remain virtually unchanged. If these powers were going to remain in the bill regardless, what was the point of going through the motions of making meaningless amendments?
“While this government likes to talk about their rural roots and conservative principles, their priority seems to be to undermine the ability of local rural leaders to make decisions that are in the best interest of their communities.”
- With files from Doug Collie and Johnnie Bachusky.
