After tabling Bill 4 - the Municipal Government (Face Mask and Proof of COVID-19 Vaccination Bylaws) Amendment Act - on Tuesday afternoon, Minister of Municipal Affairs Ric McIver described it as a "brief piece of legislation" that had a narrow focus and was aimed at creating clarity around public health rules.
The bill proposes changes to the Municipal Government Act (MGA) regarding public health requirements specifically related to COVID-19.
"Any municipal bylaws requiring masks to prevent the spread of communicable diseases, or relating to COVID-19 vaccines, will need to be approved by the Minister of Municipal Affairs in consultation with Alberta’s chief medical officer of health," according to information from the provincial government, released shortly after the legislation was tabled.
Speaking with media, McIver compared the legislation to pieces of legislation that exist within the Traffic Safety Act, where municipalities must seek approval from the Minister before closing a road, for example, due to the impact it could have on the broader system.
"What we're doing today... is not groundbreaking. It's normal," said McIver.
And while the legislation may require the OK from the Minister if a bylaw is passed by a municipality, the private sector - and even municipalities themselves - still have autonomy over their own facilities and can enforce rules if they so choose.
McIver noted that private businesses and municipalities could make rules that specifically relate to their facilities before the pandemic, during the pandemic, and that will continue to be allowed after. He noted the tabled legislation does not affect the day-to-day operations of Alberta municipalities.
The approach will limit the ability of municipalities to pass bylaws "that contradict public health policies enacted by the province. For example, the proposed changes would prevent local governments from imposing masking or proof of COVID-19 vaccination bylaws on private sector operators such as grocery stores and retail businesses," according to provincial information released on Tuesday.
McIver acknowledged that a year-and-a-half ago, the government was a lot less experienced in dealing with the pandemic, and there were fewer Albertans vaccinated. At that time, the province did allow municipalities to make their own decisions on the matter of masking, for example.
With the City of Edmonton debating its mask bylaw on the same day the legislation was tabled, McIver was questioned about his relationship with City council, and the dynamics that exist. McIver acknowledged that he has not had time to get to know some of the newer council members.
City of Edmonton Mayor Amarjeet Sohi spoke out about the proposed legislation when it was first announced a week ago.
When asked if the province would still move forward with the legislation if the City of Edmonton decided to lift its mask bylaw, McIver said it's something they would have to think about. A timeline on the next step for the legislation was not available on Tuesday.
When the Minister was asked if the province had consulted with municipalities, McIver said he would not use the term consult, but described the legislation as a "defensive manoeuvre" instead.
He further stated he felt the situation was a case of one municipality "drifting out of their lane." And he added that the legislation makes is clear the province is not "ceding" its authority over public health matters.
"Most municipalities already comply with public health requirements for COVID-19, so the proposed changes will not affect them," according to the province.
Response
Alberta Municipalities President Cathy Heron released a statement shortly after the announcement that the legislation had been tabled.
"Earlier today, Municipal Affairs Minister Ric McIver outlined the Government of Alberta’s proposed amendments to the Municipal Government Act (MGA)," said Heron. "We are concerned that the Government of Alberta is setting a troubling precedent by amending the MGA – Alberta’s principal piece of legislation governing municipalities – without prior consultation."
She added, "Alberta Municipalities appreciates that the provincial government kept the scope of these legislative amendments very narrow, but we continue to believe that the best public health decisions are those based on science and data, rather than on political differences and calculations."
Heron is also the mayor of the City of St. Albert.
The province's official opposition also responded to the news on Tuesday.
"In July 2021, Premier Jason Kenney encouraged municipalities to implement their own public health restrictions due to the diverse needs across the province, saying 'these decisions are better taken locally'," according to Alberta's NDP.
"This is the same government that constantly warns of federal government overreach. But now Premier Kenney and the UCP are doing the exact same thing they accuse Justin Trudeau of doing. The irony is not lost on me, nor is it lost on Albertans,” said NDP Municipal Affairs Critic Joe Ceci.
Update: By the end of the day Tuesday, the City of Edmonton had voted 8-5 in favor of removing the city-wide mask bylaw.
