Getting the chance to speak on development and approval decisions in your community is a critical part of democratic participation. Under the Municipal Government Act, municipal councils are legally required to adopt participation policies, hold public hearings before passing bylaws, and give residents structured ways to be heard. However, at the provincial level, no equivalent legal requirement exists, consultation happens in limited settings and on limited topics. This gap matters as recent amendments to the Municipal Government Act (MGA) have shifted a growing share of land-use and environmental decisions away from municipalities and into the jurisdiction of the provincial government. In this post, the second in our series on municipal participation in regulatory processes, we lay out exactly what the MGA requires of municipalities in contrast with the provincial government’s participation landscape and explain what this shift means for Albertans’ ability to weigh in on decisions that affect their communities.
To begin, we go over the public participation regime at the municipal level.
Public Participation under the Municipal Government Act
The Municipal Government Act (MGA) provides the parameters and blueprint for municipalities across Alberta, including the baseline for public participation in front of municipal council. Part 7 of the MGA provides that every municipal council “must establish a public participation policy” and may amend it from time to time.[1] The Public Participation Policy Regulation states that a public participation policy must identify “the types or categories of approaches the municipality will use to engage municipal stakeholders, and the types or categories of circumstances in which the municipality will engage municipal stakeholders.”[2] In addition, the regulation requires that a municipality make its public participation policy available for public inspection and may post it on the municipality’s website.[3]
In addition to the specific municipal policy, the Act also includes other requirements for participation at the municipal level. For example, the MGA states that, “if a council calls a meeting with the public, notice of it must be advertised and everyone is entitled to attend it.”[4] These public hearings must be held before second reading of a bylaw or before council votes on a resolution, unless another enactment in the Act specifies otherwise.[5] Notice must be given of public hearings and, during a hearing, council is required to hear any person, group of persons, or person representing them who claims to be affected by the proposed bylaw or resolution and who has complied with participation procedures as outlined by the council.[6] Council may also choose to hear any other person who wishes to make representations but does not fit into the ‘required to be heard’ criteria.[7] While a municipal council may choose to pass the bylaw or resolution with or without amendment, or defeat it, following the hearing, they must consider representations made about the proposed change when making their final decision.[8]
Only one public hearing may be held on each proposed bylaw or resolution that considers residential developments or developments with residential and non-residential developments.[9]
In addition to specific public hearings, most council and council committee meetings must be conducted in public unless a matter to be discussed is within one of the “exceptions to disclosure in Division 2 of Part 1 of the Access to Information Act” and if a meeting is closed to the public, “no resolution or bylaw may be passed at the meeting, except a resolution to revert to a meeting or a council or council committee held in public.”[10] One exception is that a meeting by a municipal planning commission, subdivision authority, development authority or subdivision and development appeal board established under Part 17 of the Act may be closed to the public.[11]
Part 17 sets out a municipality’s planning and development powers which is a major part of their authority. Notably, despite certain potential limits on public participation regarding decisions made under this part of the Act, there are also certain significant limits on municipal power embedded within Part 17. Specifically, “a licence, permit, approval or other authorization granted by the NRCB, ERCB, AER, AEUB or AUC prevails, in accordance with this section, over any statutory plan, land use bylaw, subdivision decision or development decision by a subdivision authority, development authority, subdivision and development appeal board, or the Land and Property Rights Tribunal or any other authorization under this Part.”[12] This is an important section which shifts the requirements of public participation to the province and which we will consider in more depth in our section on public participation at tribunals in the next blog. Note that, despite this section, municipal jurisdiction still exists regarding matters that have not been dealt with by the authorization.[13]
In addition to attendance at regularly scheduled meetings, there are also options to petition municipal council requesting that “council call a meeting with the public” and if council receives a sufficient petition in this regard, the meeting must be held no later than 30 days after declaration that the petition is sufficient.[14] Electors of a municipality are eligible to be petitioners and a petition must be signed by at least 10% of the population of a municipality other than a summer village or 20% of the number of summer village residences in a summer village.[15]
Beyond the MGA, the specifics of public participation will depend on your municipality and it will be important to look into the municipal procedures bylaw in place in the municipality where you live.[16] These procedure bylaws generally guide council procedures that are used both to receive information, including through public participation, and to make decisions.[17] It is important to know how and when you may appear in front of your municipality, whether you are required to provide notice that you intend to speak, and if there are any limits on how long you may speak for.[18] For example, for the City of Calgary you will find this in Bylaw 42M2025 or the Bylaw to Regulate Meetings of Council and Committees and in the City of Edmonton Bylaw 18155 the Council Procedures Bylaw.
Figure 1: Quick steps to prepare prior to appearing before municipal council[19]
Another option for public participation in municipal decisions is through surveys and community needs assessments. These are direct calls for participation and feedback. For example, municipalities often reach out directly to electors to conduct community satisfaction surveys (for instance, community satisfaction surveys have been conducted regularly since 2005 in Lethbridge and annually in Calgary since 1997).[20] Municipalities may also conduct issue specific surveys on a regular basis. For example, in the City of Edmonton you can join the Edmonton Insight Community and you will receive regular email invitations to complete online surveys. In both cases, you may have the opportunity to provide feedback on what has already occurred, or you may be able to provide feedback prior to a decision by the municipality.[21]
Finally, specific participation opportunities arise at assessment review boards and subdivision and development appeal boards.[22] Every municipal council is required to appoint these boards.[23] Assessment review boards hear appeals relating to property assessments, business tax notices, and other tax notices and subdivision. Development appeal boards hear appeals relating to permit applications, enforcement orders issued by the Development Authority, and subdivision applications. These boards provide electors an opportunity to “formally appeal or challenge council’s and administrative decisions made under council policy documents and bylaws” and, notably, the boards are not made up of council members.[24] Appeals to an assessment review board must be made only by the assessed person or taxpayer.[25] For appeals before a development appeal board, an appeal may be initiated by the person applying for the permit or a person affected by the order.[26] In addition, “any person affected by an order, decision or development permit made or issued by a development authority may appeal the decision”.[27]
There are several ways that individuals can get involved in decision making within their municipality. The MGA sets out a formal participation regime which must be followed by municipalities during their decision-making process. In addition, municipal councillors are often available in person whether through their office, open houses, or in the community. As we explained in a previous blog on subsidiarity, municipal decision makers are close to their electors both in proximity and in opportunities for participation. This means that those most directly affected by a decision can be heard.
Public Participation at the Provincial Legislative Branch
Provincial legislatures have broad authority to make laws and regulations as they see fit, so long as they do not exceed their jurisdiction as set out in the Constitution Act, 1867. Importantly, provincial jurisdiction includes local matters and matters related to property and civil rights; however, at the provincial legislature there is no broad public participation policy such as exists at the municipal level. Instead, opportunities for participation in legislative decision-making are set by the province on a case-by-case basis. For example, although the public may attend question period at the Legislative Assembly (where debates on provincial legislative priorities and changes occur), unlike at municipal council, attendees may not speak or ask questions. Instead, you can contact your local Member of Legislative Assembly (“MLA”) or responsible Minister with concerns, and they may have an opportunity to raise those issues in their own debate participation.
The government may also release opportunities for participation through engagement or comment periods on specific issues or legislative changes. These will be time limited and often will require participants to answer survey questions or provide written commentary. However, there is no requirement for consultation prior to legislative or policy changes. This means that although provincial governments will often seek input and feedback from stakeholders and interested Albertans before passing a new law or changing legislation or regulation, they are not required to do so. Notably, there is also less notice required for regulations at the provincial versus the federal level. Federal regulations must be posted in the Canada Gazette prior to coming into force while provincial regulations have no such requirement.
Generally, although there are certainly opportunities to contact your local MLA or a particular Minister, you may not have the same access to your MLAs as you do your municipal council members, nor is there a built-in participation system as exists under the MGA.
Lobbying
Participation before the provincial government also takes the form of lobbying as governed by the Lobbyists Act.[28]
Lobbying is defined as
“in relation to either a consultant lobbyist or an organization lobbyist, to communicate with a public office holder, directly or through grassroots communication, in an attempt to influence” the development of a legislative proposal, the introduction/amendment/passage/defeat of a bill or resolution, development of a regulation or order in council, development/amendment/termination of a program or policy, awarding of a grant or financial benefit, decision by the Executive Council to transfer assets to the public or the decision to transfer goods and services provided by the Government to the private sector.[29]
For consultant lobbyists specifically it also refers to arranging meetings between public office holders and individuals or attempting to influence a public office holder to influence a contract.[30]
A consultant lobbyist is a person retained for a fee to lobby on behalf of a client while an organizational lobbyist is a specific position in an organization who lobbies on behalf of the organization.[31] The Act sets further restrictions on payment, gifts, and requires the registration of lobbying activities in Alberta.[32]
More simply, lobbying “involves communicating with public office holders in an attempt to influence certain types of decisions”[33] Notably, lobbyists are a paid position which limits their use to those who can afford their fee. As such, the ability to hire a lobbyist to speak on behalf of your chosen issue is notably different than legislated or clear opportunities to participate or be consulted in government decision-making. There have also been concerns raised with the registration requirements. Registration is intended to provide public information on the lobbying that is occurring in the province; however, critics argue that lobbyists can work a significant number of hours before registration is required and that the amount of information that needs to be disclosed in the registry is too low.[34]
What do recent changes to the MGA mean for Public Participation?
As we highlighted in our first blog in this series, many decisions that were previously under the purview of municipalities have been transitioned to provincial government decision-making. This transitions decisions away from a body with a built-in public participation system to a higher-level government body with less connection to the constituents and neighbourhoods they serve. It limits opportunities for public participation and impedes individual’s ability to interact with the decisions and approvals that may affect their day-to-day life.
Additionally, a significant number of decisions have been moved from municipal control or joint municipal-provincial control to the realm of provincial tribunals, agencies and decision-makers. We will explore the opportunities available for public participation at these tribunals in our next blog post.
This is the second blog in our ongoing series “Municipal Participation in Regulatory Processes and Decision-Making”. The first blog considered changes to municipal control and decision-making exploring amendments to provincial legislation that have consolidated power at the provincial level. We consider these changes through an understanding of the principle of subsidiarity, which suggests that this type of consolidation results in decisions being made further away from those impacted, resulting in less opportunity for individualized decision making and public participation and more blanket approaches to planning.
The topic of public participation will be returned to in our next blog as well with a focus on provincial tribunals and agencies. Overall, we see that when authority over land use and environmental decision making is shifted away from municipalities and towards a centralized provincial government, there is an overall reduction in opportunity for public participation.
Cover Photo by Darin Wicentowich on Unsplash
[1] Municipal Government Act, RSA 2000, c M-26, s 216.1 [MGA].
[2] Public Participation Policy Regulation, Alta Reg 193/2017, s 2.
[3] Ibid, s 3.
[4] MGA, s 216.2.
[5] MGA, s 216.4(1).
[6] MGA, ss 216.4(2-4).
[7] MGA, s 216.4(4)(b).
[8] MGA, s 216.4(5).
[9] MGA, s 216.4(5.1).
[10] MGA, ss 197(1), (2) & 3).
[11] MGA, s 197(2.1).
[12] MGA, s 619(1).
[13] See for example Borgel v Paintearth (Subdivision and Development Appeal Board), 2020 ABCA 192.
[14] MGA, s 221.1.
[15] MGA, ss 222 & 223.
[16] Dr. Judy Stewart, “A Citizen’s Guide to Appearing Before Municipal Councils in Alberta” (4 Feb 2019) Canadian Institute of Resources Law Occasional Paper #67 at 7 online: https://cirl.ca/sites/default/files/teams/1/Occasional%20Papers/Occasional%20Paper%20%2367.pdf [Stewart].
[17] Stewart at 7.
[18] Stewart at 8.
[19] Stewart at Fig 3 at 10.
[20] Stewart at 27.
[21] Stewart at 27.
[22] MGA, ss 454 & 627.
[23] Stewart at 28.
[24] Stewart at 28.
[25] MGA, s 460(3).
[26] MGA, s 685(1).
[27] MGA, s 685(2).
[28] Lobbyists Act, SA 2007, c L-20.5.
[29] Ibid, s 1(1)(f).
[30] Ibid, s 1(1)(f)(ii).
[31] William S. Osler, “Alberta’s New Lobbyists Act” Bennett Jones Blog online: https://www.bennettjones.com/Insights/Updates/2009/10/Albertas-New-Lobbyists-Act [Osler].
[32] Office of the Ethics Commissioner, “Alberta Lobbyist Registry” online: https://albertalobbyistregistry.ca/apex/f?p=171:CMS:13935253576673::::CMS_SITE%2CCMS_PAGE:ABLBY%2CHOME.
[33] Osler.
[34] Michelle Bellefontaine, “Alberta MLAs begin mandatory review of lobbyists act. Will anything change this time?” (9 June 2026) CBC News online: https://www.cbc.ca/news/canada/edmonton/lobbyist-act-review-9.7227533.