Bylaws, Policies, & Procedures

Regional Training Sessions

May and June 2018

Session Outline

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• Authority

• Basics

• Structure

• Enforcement

Bylaws

Policies

Procedures

Resources

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Bylaws

Within council

Within municipality

Outside municipality

Higher levels

Challenged

Enforced

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A council can only act by

resolution or bylaw

Passed at a council meeting

held in public

At which a quorum is

present

How Councils Act

Authority

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Mandatory (must)

Discretionary (may)

Other legislation

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s. 6 •Natural person powers

s. 7 •Jurisdiction to pass

s. 8 •Powers under bylaws

s. 9•Guides to

interpretation powers

s. 10 •Other enactments

Authority

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s. 11•Relationship to natural

person powers

s. 13•Relationship to

provincial law

s. 187 •Bylaw readings

s. 213 •Signatures & seal

Authority

Authority - Revisions,

Consolidations and Amendments

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s. 191 • Amendment and repeal

s. 63 • Revising Bylaws

s. 65 • Requirements - revised

bylaws

s. 66 • Effects of revised bylaws

s. 67• References to repealed

bylaws

s. 69 • Consolidation of bylaws

Basics

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Drafting Bylaws:

Effective & enforceable

Responsibility of CAO

Considerations Meanings

Headings

Numbering

Structure• Parts Of A Bylaw:

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corporate title

bylaw number

purposedefinitions

application

special provisions

Structure• More Parts Of A Bylaw:

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schedule

penalty clauses

transitional clauses

repeal clauses

effective date

signature

Severability clause

Enforcement

• Enforcement

– Expectation that bylaws will be

enforced

– Municipal bylaws can be challenged in

court

• MGA Section 7 (i)

– Broadly provides for types of

enforcements

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Enforcement

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s. 542 •Municipal Inspections

s. 543•Court ordered

inspections

s. 545•Order to remedy

contraventions

s. 546•Order to remedy

dangers/unsightly

Enforcement

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Stop Orders. 645

Enforcement of Stop Orders. 646

Caveatss. 646

Emergenciess. 551

Adding amounts to tax rolls. 553

Bylaw Enforcement Officers

Section 555

• Responsibilities

• Oath of Office

Section 556

• Powers, duties

• Disciplinary procedures

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Challenging Bylaws

• Delegations

• Part 7 - Petitions

• Section 547 - Review by council

• Section 548 - Appeal to Court of

Queen’s Bench

• Sections 536 & 537 - Application to the

Court of Queen’s Bench

– Declaration that a bylaw or resolution is invalid

– Order council to amend or repeal a bylaw

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Policies

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standards and/or best practices

ensure equitable treatment & consistent responses

must be clear to:

Council

Administration

The public

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Policies

Strategic alignment

Integrity

Openness

Fairness

Efficiency

Safety/risk

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Policy Statement (What)

Summary of people’s actions

Who should follow it

When it applies

Major conditions or restrictions

Reason for Policy (Why)

Legal or regulatory

Description of problem/conflict

Legitimate interests

Overall benefits

Best Practices

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Consistent fonts, margins, headings, numbering

Clear, concise, written in the third person

Careful selection of words (mandatory/discretionary)

Quickly outdated information

Use of acronyms & technical jargon

Gender neutral

Active voice

Amending policies

Procedures

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Step-by-step guide for doing.

Requires Chief Administrative Officer approval.

Policy, Bylaw or Procedure

1. Over the past few months, a number of delegations

have appeared before council requesting

donations for a variety of different reasons; charity

fundraisers, financial support for youth initiatives,

etc. Council has asked administration to provide

some background on a more efficient way to deal

with these requests.

2. A new OH & S supervisor has been hired and is

updating all safety requirements for all municipal

facilities. Emergency evacuation is his number 1

priority.

3. Council has directed administration that, due to

the increase in vandalism at Central Park, they

wish to restrict the hours to the public from 6:00

a.m. to 11:00 p.m. 23

Policy, Bylaw or Procedure

4. Council and administration are desirous in

having a more consistent approach in

reporting and communicating between them.

5. Current fees and rates are not keeping pace

with the costs to provide programs and

services.

6. Council has approved a snow removal policy

determining which routes will be cleared

first, second, etc. Is this enough?

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Alberta Municipal Affairs

• Municipal Resource Handbook / Basic Principles of Bylaws

• Advisory Services

Professional Associations

• Alberta Rural Municipal Administrators Association (ARMAA)

• Government Finance Officers of Alberta (GFOA)

• Local Government Administration Association (LGAA)

• Society of Local Government Managers (SLGM)

• Alberta Municipal Clerks Association (AMCA)

Political Organizations

• Alberta Urban Municipalities Association (AUMA)

• Rural Municipalities Association (RMA)

• Alberta Summer Villages Association(ASVA)

Your Neighbors – With Permission

Your Legal Advisors

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Questions?

Thank You!

Call us at

780-427-2225

www.municipalaffairs.alberta.ca

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