Municipal Government Act Summary

The Municipal Government Act (MGA) of Alberta (Chapter M-26) is a comprehensive legislative framework that governs how municipalities operate within the province. Here is a concise summary based on the table of contents and introductory provisions of the 2024 consolidation:

 

Purpose and Scope

• The Act provides the legal foundation for the formation, operation, powers, and responsibilities of municipalities in Alberta.

• It empowers municipalities to provide local governance, deliver services, foster economic development, and collaborate with neighboring jurisdictions.
   

 

Key Parts of the MGA

1. Purposes, Powers & Capacity of Municipalities

   • Defines municipalities as corporations with "natural person powers" and outlines their purposes (e.g., safety, economic development, service provision).

2. Bylaws

   • Details the jurisdiction, limits, and enforcement of municipal bylaws.

   • Special provisions exist for face mask and COVID-19 vaccine mandate bylaws.

3. Special & Miscellaneous Municipal Powers

   • Covers expropriation, roads, utilities, business improvement areas, and public services.

4. Municipal Structure

   • Formation, change of status/name, amalgamation, annexation, and dissolution of municipalities.

5. Councils & Elected Officials

   • Roles, responsibilities, codes of conduct, elections, terms, and disqualification rules for council members.

6. Municipal Administration

   • Establishes roles such as Chief Administrative Officer (CAO) and outlines municipal organizational structure.

7. Public Participation & Petitions

   • Framework for public hearings, petitions (including recall petitions), and elector votes.

8. Financial Administration

   • Governs budgets, investments, borrowing, taxation, financial reporting, and liabilities.

9. (-12). Property Assessment & Taxation

• Sets out assessment rules, tax types (property, business, levies), recovery of arrears, and appeal processes.

1. 13. Liability, Enforcement & Legal Matters

• Municipal and councillor liability, bylaw enforcement, offences, penalties, and judicial reviews.

1. 14. Ministerial Powers

• Ministerial oversight, including inspections, inquiries, directions, and dismissals.

15. (15.1). Improvement Districts & Regional Services Commissions

• Rules for governance, operations, and finances of non-municipal local authorities.

16. (–17.2). Miscellaneous, Planning, and Intermunicipal Collaboration

• Includes planning and development, intermunicipal agreements, appeals, growth boards, and collaboration frameworks.

1. Transitional Provisions

• Covers regulations and changes needed for transitioning between legislative updates.

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Notable Features

• Flexibility: Recognizes varying capacities of municipalities and allows for tailored approaches.

• Collaboration: Encourages intermunicipal cooperation for service delivery.

• Accountability: Strong provisions on financial transparency, public involvement, and councillor conduct.
   

Accountability of Elected Officials

Part 5 – Councils, Councillors and Council Committees:

• Duties of Councillors (s.153): Councillors must consider the welfare of the municipality as a whole and participate in developing and evaluating policies and programs.

• Codes of Conduct (s.146.1): Municipalities must adopt a bylaw setting standards for ethical behavior of elected officials.

• Pecuniary Interest (s.170): Councillors must disclose conflicts of interest and abstain from related decisions.

• Disqualification (s.174): Councillors can be disqualified for violations like failing to attend meetings or breaching conflict-of-interest rules.

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Public Transparency and Engagement

Part 7 – Public Participation:

• Public Participation Policy (s.216.1): Municipalities are required to adopt policies that outline how they will engage the public in decision-making.

• Public Hearings and Petitions (s.216.4–240): Citizens can request public meetings and submit petitions, including for votes on bylaws or recalls of councillors.
   

 

Financial Accountability

Part 8 – Financial Administration:

• Budgeting (s.242–248.1): Councils must adopt annual operating and capital budgets and manage expenditures within legal limits.

• Financial Reporting (s.276–281): Municipalities must prepare audited financial statements and submit them to the Minister.

• Borrowing and Debt Limits (s.251–268): Strict rules govern municipal borrowing to avoid fiscal mismanagement.

• Investments and Financial Plans (s.250, 283.1): Municipalities are restricted to approved investments and must create financial and capital plans.

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Oversight and Ministerial Authority

Part 14 – General Ministerial Powers:

• Inspections and Inquiries (s.571–572): The Minister can initiate inspections or inquiries if there are concerns about governance.

• Official Administrators (s.575): If a municipality is mismanaged, the Minister can appoint an official administrator to take over operations.

• Dismissals and Directives (s.574): The Minister can issue binding orders to ensure compliance with legislation.

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Legal Enforcement and Remedies

Part 13 – Legal Matters and Enforcement:

• Challenging Bylaws (s.536–540): Citizens can challenge the legality of bylaws in court.

• Enforcement Tools (s.545–554): Municipalities can issue orders, enforce compliance, and recover costs, but must do so lawfully.

• Offences and Penalties (s.557–569): Provides mechanisms to hold individuals or municipalities accountable for breaches of law.

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Summary

The MGA enforces accountability through:

• Clear legal duties and ethical standards for councillors and staff.

• Requirements for public transparency, engagement, and financial disclosure.

• Ministerial oversight to correct or prevent mismanagement.

• Legal avenues for citizens to hold municipalities accountable.
   

In Canada’s system of government, responsibilities are divided between the municipal, provincial, and federal levels. The Municipal Government Act (MGA) specifically outlines the role of municipal governments in Alberta, while provincial and federal roles are defined by the Constitution Act, 1867 and other federal/provincial legislation.

Here’s a breakdown of the defined roles of each level:

 

Municipal Government (Local Government)

Established and governed by the provinces — in Alberta, under the Municipal Government Act (MGA).

Key Roles (MGA Section 3):

• Provide good government.

• Deliver local services (e.g., water, waste, roads, transit, fire).

• Foster environmental and economic development.

• Maintain safe and viable communities.

• Collaborate with neighboring municipalities on service delivery.

Municipal Powers Include:

• Passing local bylaws.

• Land use planning and zoning.

• Property taxation and budgeting.

• Public utilities and local infrastructure.

• Public participation and engagement.

• Enforcing municipal bylaws.

Examples of Municipal Services:

• Road maintenance, garbage collection, public libraries, parks, recreation facilities, police (via contract with RCMP), fire departments, and animal control.

 

Provincial Government (Alberta Government)

Has authority over municipalities and many areas under the Constitution Act, such as natural resources, health, and education.

Key Roles:

• Health care (e.g., Alberta Health Services).

• Education (curriculum, school funding).

• Natural resource development (oil, gas, mining).

• Transportation infrastructure (highways).

• Justice and policing (provincial courts, corrections).

• Environment and land-use planning.

• Municipal oversight (through legislation like the MGA).

Controls Municipalities By:

• Creating/amending the MGA.

• Reviewing municipal finances, bylaws, and compliance.

• Appointing official administrators if mismanagement occurs.
   

 

Federal Government (Government of Canada)

Focuses on national and international matters, as assigned by the Constitution.

Key Roles:

• National defense and military.

• Immigration and citizenship.

• Border security and customs.

• Currency and banking.

• International trade and foreign affairs.

• Criminal law (Criminal Code of Canada).

• Indigenous affairs (including Indian reserves, which are outside municipal jurisdiction per MGA s.2.1).

• Environmental protection in federal jurisdictions.

• Provides Transfers to Provinces and Municipalities:

• E.g., Canada Community-Building Fund (formerly Gas Tax Fund), infrastructure grants, and public transit funding.

 

Summary

Government Level Key Responsibilities

Municipal - Local services, land use, property tax, bylaw enforcement

Provincial - Health, education, environment, highways, oversight of municipalities

Federal - Defense, immigration, criminal law, Indigenous affairs, national economy

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