SUNDRE – The Alberta Utilities Commission (AUC) has ruled in favour of a Sundre resident who became “triggered” after being told to make a utility bill payment online when he was unable to do so in person at the Town of Sundre administration office that at the time was closed for a statutory holiday.
Preferring to pay with cash whenever possible, Nicolas Sauriol Lapalme was further incensed by incurring a late penalty upon returning to pay the bill on the first day the office re-opened after last year’s Easter long weekend.
When the same scenario played out over the Canada Day long weekend, Lapalme appealed to the AUC.
Per his understanding of the Interpretation Act in Alberta, people can still make a payment on time the next business day immediately following a holiday.
“It’s very black and white. It’s very clear,” said Lapalme.
“It’s not something that they can just wave off.”
The deadline for payment of the utility invoice fell on Sunday, June 30, 2024, and the penalty of $7.96 was imposed on July 1, 2024. Because June 30 (Sunday) and July 1 (Canada Day) were both holidays as defined in the Interpretation Act, he argued that the late penalty was improperly imposed.
The AUC agreed.
“The Alberta Utilities Commission … finds that the late penalty charge imposed by the Town of Sundre against resident Nicolas Sauriol Lapalme was improperly imposed,” reads part of a seven-page disposition dated Feb. 28, 2025, adding that per the Municipal Government Act, “the Commission orders the late penalty charge to be disallowed.”
Lapalme candidly confessed being somewhat surprised.
“I honestly wasn’t expecting that they would rule in my favour. I figured that they would find some excuse to not do that. But they did,” Lapalme said, adding he was happy with the outcome.
As to why he waited until the last possible opportunity to pay the bill in a time when many people set up automatic payments online to avoid missing deadlines, he said that usually wasn’t the case but that circumstances in the week leading up to Easter last year had prevented him from dropping by the office sooner.
And by the time he had the chance to come in person to pay in cash per his preference, the office was closed. But he initially wasn’t particularly concerned as he thought he could yet pay on time on the first day the office re-opened.
“I figured it wouldn’t be a problem,” he said. “Then I saw that they charged me a penalty for that. I was really surprised.”
Still taking things in stride, he decided to plead his case that he considered cut and dry and would be resolved through a simple conversation with Town of Sundre officials.
“(But) their attitude has been very dismissive from the get go,” he said. “I was surprised actually, to get that much push back.”
Lapalme said he also resented being told to pay online.
“I got triggered that they said you could pay through your bank,” he said, adding he decided to make a point of repeating the practice on Canada Day, which landed on a Monday, and planned to drop by the office the following Tuesday to pay up.
“And they gave me the penalty again,” he said.
After getting nowhere with the municipality, Lapalme ultimately pursued his case with the AUC and said he navigated the commission’s processes without needing a lawyer or paying a dime.
“Maybe there’s fees for other things, but for what I’ve done, there wasn’t any fee,” he said, adding the time and effort invested was “absolutely” worthwhile.
“When I’m triggered, it doesn’t really matter if it’s going to be worth it in terms of time or effort. It’s just I’m triggered, so I’m going to do something about it,” he said with a laugh.
At the end of the day, Lapalme said he wants to make sure the town changes its policies to at the least reflect the standards of the Canada Revenue Agency as well as Alberta Revenue, “which is to say, if the deadline is on a holiday or on the weekend, you’re able to pay on the next business day.”
Cash, he asserts, must also be equally accommodated like any other payment method.
“If the office is closed … then I should be able to pay the following day that it’s open.”
And despite the inconvenience, he said he rarely uses his cards to make payments in town.
A self-employed business consultant with international clientele, Lapalme said he doesn’t typically receive cash payments for his services.
“Most payments that I get are through Interac,” he said, adding that’s due to the nature of working with clients from around the world.
“They can’t pay in cash; not unless they sent it through the mail, which I would accept. It’s just that, obviously, it’s not usually most people’s preference to send cash through the mail,” he said.
The issue boils down to a matter of principle.
“I think cash is extremely important in our in our world, and if we don’t fight for it, it’s use it or lose it,” he said.
Linda Nelson, the Town of Sundre's chief administrative officer, confirmed the municipality is aware of the commission’s decision.
“We respect the ruling of the AUC and we will amend the bylaw to ensure we are in full compliance with the recommendations,” Nelson said on March 5.
When the matter first came up in the spring of 2024, the Town of Sundre’s director of corporate services Chris Albert said that no other complaints about the inability to pay in cash had been submitted throughout his seven years with the municipality. And while the municipality does accept cash payments, there can be limitations such as never mailing money or leaving it in a drop box.
