Bill 20 creates Calgary worries over potential provincial overreach

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Sometimes parents just need to spank their kids, according to Ward 13 Coun. Dan McLean, in response to questions on the Alberta Government’s proposed Bill 20.

On April 25, the province delivered Bill 20, which would see significant changes to both the Municipal Government Act (MGA) and the Local Authorities Election Act (LAEA), including the ability of the provincial cabinet to require a municipality to amend or repeal a bylaw.

The province did already have the ability to intervene, but only on land use bylaws or statutory plans.

“We are doing this in order to protect the provincial interest by ensuring municipalities are governing affairs that are within their jurisdiction,” said Municipal Affairs Minister Ric McIver.

“This is the overall purpose of these updates to the municipal government act. To establish broad authority for the provincial cabinet to intervene swiftly but only when necessary to give municipal direction when there’s a clear risk to the provincial interests or to public health and safety.

“It is our intention that such interventions will only be considered at last resort. My most fervent wish is that this authority is never ever used. We don’t want to intervene in municipal matters.”

Coun. McLean said he interpreted the provincial amendment as only being used as a last resort. 

“It had to be pretty egregious. I think what sparked this was probably the bag bylaw, which everybody hated,” McLean said.

“I think that was maybe an example of something that if nobody likes it, they might step in but I don’t think it’s ever been used before.”

When asked if that blanket authority opened the door for the province to impose its political will on the city, McLean said it’s already a parent-child relationship.

“They always say the municipalities are like the children of the province, and sometimes parents have to spank their kids,” McLean said.

Chill on council, business sentiment and investment

Ward 11 Coun. Kourtney Penner said the provincial ability to overturn city legislation not only puts a chill on city council, but a chill on many Calgarians, too.

“When I think of some of the bylaws that (Calgary city) council has worked to pass… So I think about conversion therapy, I think about safe and inclusive spaces – when you look at the attacks that this provincial government has made on the queer community, those are the things that actually concern me, that was where my thought first went,” Coun. Penner said.

“I think Calgarians need to be very aware.”

Penner said she was as concerned about the province’s proposed rules impacting legislation they craft today. She said that looking over their shoulder wasn’t a good way for city council to operate.

The Calgary Chamber of Commerce was also cool to the idea of the province intervening in municipal affairs. In a statement Friday morning, the Chamber said that the amendments to the MGA and LAEA introduces instability in cities, “running counter to businesses’ need for stability and regulatory uncertainty to make investment decisions.”

“The province should prioritize a stable and productive investment and business environment, rather than blur the jurisdictional relationship between municipal, provincial and federal governments,” the statement read.

Mayor Jyoti Gondek said she appreciated the Chamber of Commerce coming out and saying the bill was dangerous.

“I think anytime you’ve got this type of government overreach proposed, and people are uncertain about what could happen, it does create a lack of confidence and at a time where our city is rebounding from some really tough times,” she said.

“We can’t afford to have more uncertainty prevail.”

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