Province unveils details of municipal affairs bill

By Al Beeber - Lethbridge Herald on October 19, 2024.

LETHBRIDGE HERALDabeeber@lethbridgeherald.com

The provincial government on Friday announced new legislation coming into effect on Oct. 31 that makes changes to a pair of acts.

Bill 20, the Municipal Affairs Statutes Amendment Act, makes those changes to the Local Authorities Election Act and the Municipal Government which are intended to add transparency to local elections and require greater accountability from elected officials.

Those changes include local political parties to be established in Calgary and Edmonton for the 2025 municipal elections and province-wide campaign expense limits for candidates and third-party advertisers.

The changes also include the prohibition of automated voting equipment including electronic tabulators during elections.

Under the LAEA, municipalities will be allowed to require criminal record checks for candidates running for election.

The province says that the LAEA establishes the framework for the conduct of elections in Alberta municipalities and school divisions as well as irrigation districts and Metis settlements.

The MGA sets the rules of conduct for local elected officials on council and the administration and operation of municipal authorities in Alberta.

Changes to the MGA include full exemptions for non-profit, affordable housing from property taxation. This is a matter the Lethbridge Housing Authority has previously brought up to council, one which its CEO Robin James will be discussing with the Herald further on Monday.

The Herald also reached out to the City of Lethbridge for comment on potential ramifications to annual tax revenue due to this change and if the matter will be addressed by council in November’s budget deliberations.

The City said in response that it doesn’t know yet what the financial impact would be but its finance and tax/assessment staff are in communications with the government.

Other changes to the MGA include the enabling of multi-year residential property tax incentives. Previously, municipalities could only offer such incentives for non-residential development.

The MGA will now also require municipalities to offer electronic options for public hearings on planning and development while restricting them from holding extra hearings when not required by legislation. Previously no requirements were in place for electronic options.

The MGA also will require mandatory orientation training for councillors which was previously required to be offered but with no requirement for councillors to actually attend.

The new rules will also allow elected officials to recuse themselves for real or perceived conflicts of interest while previously they could only do so for matters in which they had a financial interest.

Under previous regulations, municipal councils or voters could only remove a disqualified councillor through court action if they refused to vacate their seat but the MGA now will require such seats to become vacant upon a councillor’s disqualification for specific matters.

And cabinet will be allowed to order a vote of electors to determine whether a councillor should be removed from office. Such a vote is limited to “councillors who Cabinet consider to be unwilling, unable, or refusing to do the job for which they were elected, or if Cabinet considers such a vote to be in the public interest by taking into consideration illegal or unethical behaviour by a councillor,” says the province.

Cabinet will also now have the power to require a municipality to amend or repeal bylaws if specific requirements are met and it will also have authority to direct municipalities to take specific action to protect public health and/or safety.

Changes to election rules under the LAEA include:

• Allows union and corporate donations to local candidates, with the same donation limits as individual donors ($5,000 per municipality per year).

• Allows donations outside the local election year and requires annual reporting of donations.

• Requires third-party advertisers campaigning for or against an issue on a ballot, such as a plebiscite, to register and report finances.

• Limits donations to third-party advertisers to $5,000 per election period, which begins May 1 of the election year.

• Enables regulation-making authority to define local political parties. Registration of local political parties will be limited to Calgary and Edmonton for the 2025 local general election.

• Repeals the municipal authority to develop a voters list based on enumeration. Previously municipalities could prepare such a list which had to be shared with all candidates.

• Requires municipalities to create a permanent electors register to be done in partnership with Elections Alberta.

Repeals the ability for a candidate’s official agent or scrutineer to object to an elector. Previously, official agents or scrutineers could object to an elector who was still allowed to vote.

• Enables regulation-making authority to postpone elections in emergencies. Previously no such provisions were in place to enable the province to postpone an election in event of an emergency or natural disaster.

The new rules also require recounts if requested by a runner-up when the margin is within 0.5 per cent of total votes cast whereas previously returning officers had discretion on recounts.

Local political parties and slates of candidates may register in Calgary and Edmonton with LPPs required to submit a list endorsed candidates with the party name to be listed next to the candidates’ on election ballots. Applications to register a LPP must include the names, addresses and signatures of 1,000 people who are eligible to vote in a particular jurisdiction and who are members of the LPP and support its registration.

LPPs won’t be allowed to have affiliation with any federal or provincial political parties and such parties won’t be permitted in school board trustee elections. Provincial and federal political parties will be banned from donating to LPPs, as well.

The Alberta Municipalities organization said in a statement Friday afternoon that the province is creating “an uneven playing field for candidates and a more costly electoral process” with its introduction of LPPs.

“Albertans have repeatedly said they want less money, not more, in local politics. They have also said they do not want political parties in local elections. These regulations give more money to political parties and their candidates,” said ABMunis.

“While we acknowledge the regulation on political parties in muncipal elections currently applies to only two municipalities, Calgary and Edmonton, we are concerned that they will be extended to other municipalities in Alberta in the years ahead.”

“We note that candidates who run under a political party will benefit from greater funding. This creates an environment in which independent candidates are at a significant disadvantage, a concern we raised during our consultations with the provincial government,” the organization added.

The Alberta NDP also responded with a statement by its Shadow Minister for Municipal Affairs Kyle Kaswaski that said: “With Bill 20, the UCP are trying to bully local elected officials and ensure that they install people friendlier to their agenda. It is undemocratic and disrespectful to citizens, who the UCP feels can’t be trusted to make their own decisions. This is just another attempt of this UCP government to keep their thumb on the scale in municipal matters they don’t need to be involved in. Ironic for a government forever telling Ottawa to ‘stay in its lane'”.