Posts

Showing posts from February, 2019

Challenging Municipal Bylaws In Alberta

They can be challenged   and in Alberta the procedure to challenge is as  follows : Challenging Bylaws Under section 536 of the MGA any person can apply to the Court of Queen's Bench to have a bylaw declared invalid. Section 536(2) allows a person to apply for an order requiring council to amend or repeal a bylaw as a result of a vote by the electors (on the amendment or repeal). A bylaw can be challenged and declared invalid on the basis that the proceedings and/or the manner of passing the bylaw do not comply with an enactment. The application must be made within 60 days after the bylaw is passed. An application to the court to quash a bylaw may be made at any time for the following reasons: 8 October 2017  the bylaw is required to be put to a vote of electors and the vote has not been conducted, or the bylaw was not given the required approval in such a vote,  the bylaw is required to be advertised and it was not, or  a public hearing is required regarding the bylaw an...