BARRHEAD - Athabasca-Barrhead-Westlock United Conservative Party (UCP) MLA Glenn van Dijken and Municipal Affairs Minister Rick McIver defended Bill 20, the Municipal Affairs Statutes Amendment Act, on behalf of the government and Premier Danielle Smith in separate letters addressed to the Town of Barrhead council via Mayor Dave Mckenzie.
Councillors accepted the letters without comment during their July 9 meeting.
The letter was in response to a letter Town of Barrhead councillors sent to the premier's office about their concerns about what they felt was the province's overreach into municipalities' jurisdiction through the passing of Bill 20.
The bill, the Municipal Affairs Statutes Amendment Act, would amend the Local Authorities Election Act (LAEA) and the Municipal Government Act (MGA) to give the provincial government unprecedented powers to intervene in a municipality's affairs by cabinet the power to dismiss councillors and mayors in any municipality without clearly stating the reason, postpone elections and repeal or amend local bylaws. The legislation also allows corporations and unions to contribute up to $5,000 in every municipal election, the same as individual contribution limits.
It would also introduce political parties in municipal government in Edmonton and Calgary as a pilot project.
Councillors were concerned explicitly about restricting municipalities' ability to apply for federal grants and introducing a party system in municipal politics.
The province said it would only introduce the latter as a pilot project in Calgary and Edmonton.
"[They] are going to be the starting point, but it is a short step until it gets introduced to other municipalities," Coun. Rod Klumph said.
Coun. Dave Sawatzky also shared Klumph's concerns that the party system would spread to smaller communities and that the province was overstepping its bounds in several other areas.
"The fact that they are trying to politicize the two metro-centres in our province and bring U.S.-style politics up here because they don't like the two governments elected in [Calgary and Edmonton] scares me because this is just another underhanded move by this provincial government to take away the rights of municipalities in doing business," he said. "We can't apply for funding from the federal government any more. It is just going to continue. They want control of everything."
It should be noted that the letter council sent to the premier was not included in the public information package.
McIver said there is a lot of misinformation about the legislation.
van Dijken added that after the province introduced the bill in April, Municipal Affairs and Minister Ric McIver listened to the municipalities concerned and made several changes.
"Cabinet can consider intervention on a local municipal bylaw and has removed the ability of cabinet to dismiss a councillor," he stated but added cabinet still retains the ability to order a public vote on the potential removal of a councillor. "This would be left to the voters to determine, as it should be."
van Dijken also noted that amendments to the Municipal Government Act (MGA) due to Bill 20 would clarify rules governing potential councillor conflict of interest, defining private and pecuniary interest.
"This provides guardrails to determine if a councillor should disclose a conflict of interest or perceived conflict of interest," he said, adding before Bill 20, elected officials could only recuse themselves for matters in which they had a financial interest.
van Dijken also noted the legislation would give regulation-making authority to prescribe the types of studies that a developer can request before a development's approval.
He said this is to ensure that planning and development approvals do not suffer unnecessary delays as municipalities work towards accelerating necessary housing development projects.
McIver concentrated his response on councillors' concerns about Municipal Affairs' ability to dismiss municipal councillors.
"The provincial government has always had the ability to dismiss a councillor, and it is a process that is not taken lightly," he said, referring to his decision to remove multiple City of Chestermere councillors in December 2023.
In the case mentioned above, he said the removal was done through a municipal inspection and subsequent ministerial order.
However, McIver said he foresees times when the process may need to be expedited, adding that is where Bill 20 comes in.
He explained the province has similarly always had the ability to repeal and amend municipal bylaws under the MGA.
"This ability has never been used," McIver said.
He equated Bill 20 to a similar legislation, the Municipal Government Face Mask and Proof of COVID-19 Vaccination Bylaw Amendment Act, introduced in response to the City of Edmonton's introduction of a mandatory masking mandate during the pandemic.
"The changes in Bill 20 will enable [the provincial government] to address similar situations," McIver said, saying it would only be used in rare circumstances. "[It] will maintain the municipal ability to govern affairs within local jurisdiction while allowing the cabinet to step in when a municipal bylaw crosses into provincial jurisdiction. This will ensure that municipal councils remain focused on municipal issues that their constituents elected them to address."
Regarding councillors' concerns about introducing party politics into party politics, the minister reiterated that he intended to introduce the new system to Edmonton and Calgary only.
He added that regardless of Bill 20, McIver said municipal candidates already could identify and organize into political parties or slates.
McIver also touched on the updates to the MGA and the Local Authorities Election Act (LAEA), the elimination of "electronic tabulators" in municipal elections, which require all ballots to be counted by hand, and election fundraising, allowing corporate and union donations of up to $5,000.
Barry Kerton, TownandCountryToday.com
