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Edmonton

New bill would give Alberta power to remove city councillors, strike down municipal bylaws

The Government of Alberta wants to change how municipalities handle elections and local politics.

Thursday, the province tabled the Municipal Affairs Statutes Amendment Act.

If passed, it would give the Alberta government more control over local elections and locally elected officials, introduce political parties on municipal ballots and create more rules around campaign financing.

The legislation makes amendments to the Local Authorities Election Act and the Municipal Government Act.

The province said the bill aims to strengthen accountability and reduce “red tape” in municipal politics.

One major change would give ministers the power to remove elected municipal councillors “if it is in the public interest,” whether directly or by ordering a referendum.

Minister of Municipal Affairs Ric McIver said the province currently can only remove a sitting councillor through the municipal inspection process under “very specific circumstances.”

He did not offer specific situations that would warrant the removal of a councillor under the new legislation, saying “what’s in the public interest would be a case-by-case basis.”

McIver also did not say if there were any safeguards to prevent that legislation from being abused by the current or former provincial government, apart from public backlash.

“Let’s say it’s an unreasonable partisan, selfish decision, I think that the cabinet would be at great risk of being held accountable at the next general provincial election,” McIver said. “So I would say that’s a pretty big guardrail.”

Bill 20 would also give the cabinet greater powers to order the repeal or amendment of municipal bylaws beyond the current ability to intervene in land-use bylaws or statutory plans.

“We often remind the federal government and municipal governments to stay in their lane,” McIver said, pointing to Edmonton as an example of municipal overstepping.

“At the end of COVID, when we took away the public masking bylaws, the municipality of Edmonton, for some reason, decided that they would step in and be the provincial government and put in place a masking bylaw.

“We had to put a piece of legislation in the House to actually reverse that … now we would not have to go to that extraordinary step.”

Elections

Bill 20 includes the addition of local political parties and the banning of electronic tabulators.

McIver said the province would work with municipalities to create the framework for the province to define the local parties, which will be independent of federal or political bodies.

Municipalities would be required to include a candidate’s political party on a local election ballot.

“But let me be clear, the changes we are making would not require anyone running for local office to join a political party or to register as a political party candidate,” McIver said.

The province hopes to have those regulations in place by the end of the year to give local parties a chance to form and register.

McIver acknowledged that public consultation on local political parties on ballots showed a majority of Albertans were against the idea.

However, a four-year pilot project will go ahead in Edmonton and Calgary if the legislation passes.

“Seventy per cent of the public don’t want political parties, and now over 98 per cent of municipalities won’t have one,” McIver said. “It will only happen in the two largest municipalities.”

McIver did not offer details on the metrics or criteria for the pilot’s success, saying it would be reviewed after the next municipal election.

“We will decide how well it worked based on what actually happens,” he added. “And I can’t say what’s actually going to happen till it does.”

Electronic tabulators and other automated voting machines would be banned in the new bill, something McIver said will help give Albertans more confidence in the outcomes of elections.

“If you talk to Albertans, you will find a number of them that don’t have faith in machines counting ballots,” McIver said. “The most important point, if you don’t mind my saying, is not whether the machines are good or not.

“The most important point is whether people believe the machines are okay or not.”

McIver did not say if local elections would be given additional funding or staff to deal with added work of hand-counting ballots.

Other amendments include changes to election financing, recounts and the use of special ballots. Municipalities would be given the option to require criminal record checks for candidates and disqualified councillors would be legally required to vacate their seats.

The province said the bill will also “unlock new tools ” to help municipalities build more affordable housing, but those details will be announced in detail at a later date.

If the bill passes, the province said supporting regulations would be developed through stakeholder engagement with municipalities and other partners in the late spring and summer of 2025.

The legislation would come into effect in early 2025. 

More to come… 

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