The Municipal Affairs Statutes Amendment Act, 2024 (formerly Bill 20) (the “Act”) was proclaimed to be in force on October 31, 2024 by Order in Council 285/2024. The Act has made a number of changes to the Municipal Government Act (the “MGA”), including some significant changes in the area of governance. This article outlines some of the changes related to council orientation training, conflict of interest provisions, the ability of councils to declare vacancies and provincial powers regarding councillors and bylaws.

Council Orientation Training

Previously, the MGA required municipalities to offer council orientation training on prescribed topics within 90 days after councillors take the oath of office (MGA, s 201.1). 

The Act amends this provision. It requires that councillors must attend orientation training but divides the topics into two sessions that must be provided in a much shorter time period. Specifically, the Act provides that:

• Prior to or on the same day as the first organization meeting, a municipality must provide councillors with training on the following topics:
  • the role of municipalities in Alberta; 
  • municipal organization and function; 
  • roles and responsibilities of council and councillors; 
  • the municipality’s code of conduct; and 
  • roles and responsibilities of the chief administrative officer and staff. 
• Prior to or on the same day as the first regularly scheduled council meeting, a municipality must provide councillors with training on the following topics:
  • Key municipal plans, policies and projects,
  • Budgeting and financial administration, 
  • Public participation, and
  • Any other topic prescribed by the regulations. 

The Act provides that councils may by resolution extend the time for orientation training for the latter topics by up to 90 days.

Although it is beneficial that orientation training will be mandatory, the new timelines may pose a challenge. Given the MGA requires the first organization meeting for most municipalities to be held no later than 14 days after the 3^rd Monday in October and the general municipal election for most municipalities will be on October 20, 2025, municipalities will need to ensure they are able to determine the outcome of the election and offer orientation training to all duly elected councillors in a timely fashion to comply with the Act. Municipalities may want to consider bifurcating orientation into a shorter initial session that complies with the legislative requirements and a second session that allows municipalities to spend more time to focus on other topics, in addition to the orientation topics. 

Conflict of Interest Provisions

The MGA currently requires councillors attending a council meeting to vote unless the councillor is required or permitted to abstain from voting (MGA, s 183). A councillor must abstain if a councillor has a pecuniary interest or if a councillor is absent from all of a public hearing (MGA, ss 184 and 172). A councillor may abstain if the councillor was only present for part of a public hearing.

The Act amends the MGA by allowing councillors who have a conflict of interest or a perceived conflict of interest, even if not a financial interest, to abstain from voting on any question relating to the matter and to abstain from any discussion of the matter. A councillor has a conflict of interest if the matter could affect a private interest of the councillor or an employer of the councillor or if the councillor knows or should know that the matter could affect a private interest of the councillor’s family. A private interest does not include an interest in a matter that is of general application, that affects a councillor as one of a broad class of the public or that concerns the remuneration and benefits of a councillor or an interest that is trivial. The disclosure of a conflict of interest or a perceived conflict of interest must be recorded in the minutes.   

Councillors will have to carefully consider the application of these new conflict of interest provisions in determining whether or not to abstain from voting. Municipalities may also have to consider how these broadened grounds for abstention may impact quorum and consequentially impact the ability to move municipal matters forward.     

Declaring Vacancies on Council

The MGA currently provides that a councillor who is disqualified must resign immediately (MGA, s 175). However, in practice, this rarely happens and if a councillor does not resign immediately, council or an elector may apply to the Court of King’s Bench for an order declaring the person disqualified (MGA, s 175). 

The Act changes this by providing that if a councillor is disqualified for certain reasons and the councillor does not resign immediately, council may declare the person to be disqualified and the position on council to be vacant. This power only applies in the following circumstances:

• the councillor fails to file a disclosure statement;
• the councillor becomes a judge, a senator, a member of parliament or a member of the legislative assembly;  
• the councillor is absent from all regular council meetings held during any period of 60 consecutive days without a resolution of council authorizing the absence;
• the councillor is convicted of certain offences; or 
• the councillor becomes an employee of the municipality. 

Given these circumstances for disqualification are relatively clear, this provision of the Act may assist councils in removing disqualified councillors without incurring the time and expense of making an application to the Court of King’s Bench.

Additional Powers 

The Act provides two new powers to the Lieutenant Governor in Council: the power to order a vote respecting the dismissal of a councillor and the power to direct municipalities to repeal or amend a bylaw. The Lieutenant Governor in Council may exercise this authority by issuing Orders in Council.

Dismissal of a Councillor

The Act provides that the Lieutenant Governor in Council may, by order, direct a chief administrative officer to conduct a vote of the electors respecting the dismissal of a councillor if the Lieutenant Governor in Council is of the opinion that:

a) the councillor is unable, unwilling or refusing to perform the duties of a councillor; or b) it is in the public interest to do so. 

In determining the public interest, the Lieutenant Governor in Council may take into account illegal or unethical behaviour by that councillor. 

Although it is important that the matter will be put to the electorate, it remains unclear how the Lieutenant Governor in Council will determine when to exercise this discretion and whether any exercise of discretion will be based on an independent investigation. Further, municipalities will have to consider the cost and time involved in conducting a dismissal vote and the subsequent by-election. 

Notably, this provision augments the authority already available to the Minister to remove a councillor pursuant to a viability review prior to a dissolution (MGA, s 130.3(h)) and as part of a municipal inspection (MGA, s 574). 

Bylaws

The Act allows the Lieutenant Governor in Council to, by order, direct that a municipality amend or repeal a bylaw that in the opinion of the Lieutenant Governor in Council:

• exceeds the scope of the purposes of a municipality;
• exceeds the authority of the municipality to pass a bylaw; 
• contravenes the Constitution of Canada;
• conflicts or is inconsistent with the MGA or another provincial Act; or
• is contrary to a policy of the Government, unless the municipality obtains the prior consent of the Government to pass that bylaw. 

The first four circumstances in which the Lieutenant Governor in Council may amend or repeal a bylaw may, effectively be, inconsequential because they are consistent with existing common law and statutory restraints on the bylaws a municipality may pass. However, it is not clear what constitutes a policy of the Government and how a municipality would obtain the prior consent of the Government to pass a bylaw that is contrary to a Government policy. Without more clarity, there is a concern that the provision will erode municipal jurisdiction and the ability of councils to set their own policy. 

Conclusion      

This is a brief overview of some of the changes in the Act. Municipalities should carefully review the amendments and seek legal counsel as necessary. Our office provides orientation training and offers sessions customized to your municipality’s specific needs.

Should you have any questions with respect to this article, or if you have other questions related to governance issues, please contact Alifeyah Gulamhusein or Derek King with the Brownlee LLP Governance & Authority Team:

For other municipal questions or concerns, please feel free to contact us on our Municipal Helpline at 1-800-661-9069 (Edmonton and Saskatchewan), or 1-877-232-8303 (Calgary).