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 and it was not held. No bylaw or resolution may be challenged on the ground that it is unreasonable. To avoid challenges to your municipal bylaws, it is recommended that council and administration observe the following: (a) that the bylaw be enacted according to the Statutes of Alberta. (b) that a municipality cannot enact a bylaw that controls any matter over which the federal or provincial government have exclusive control; for example, a bylaw for the fine or penalty for speeding. (c) that the bylaw should not treat one group within a class differently from another group. An example of a discriminatory bylaw would be one that closed shops at 6:00 pm in the suburbs, but permits downtown shops to remain open later. (d) that council does not pass bylaws that affect an individual's rights (e) that the meanings within the bylaw are clear and precise. For instance, a community standards bylaw stating that the grass must be cut or mowed on a regular basis is not explicit. There is a need to provide a more definite explanation; for example, how long the grass has to be before it is considered unsightly. (f) That when questions arise, a review by legal counsel is recommended. There is an expectation that bylaws enacted by a municipality will be enforced. Municipalities have been found negligent by the courts for not enforcing bylaws.
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 and it was not held. No bylaw or resolution may be challenged on the ground that it is unreasonable. To avoid challenges to your municipal bylaws, it is recommended that council and administration observe the following: (a) that the bylaw be enacted according to the Statutes of Alberta. (b) that a municipality cannot enact a bylaw that controls any matter over which the federal or provincial government have exclusive control; for example, a bylaw for the fine or penalty for speeding. (c) that the bylaw should not treat one group within a class differently from another group. An example of a discriminatory bylaw would be one that closed shops at 6:00 pm in the suburbs, but permits downtown shops to remain open later. (d) that council does not pass bylaws that affect an individual's rights (e) that the meanings within the bylaw are clear and precise. For instance, a community standards bylaw stating that the grass must be cut or mowed on a regular basis is not explicit. There is a need to provide a more definite explanation; for example, how long the grass has to be before it is considered unsightly. (f) That when questions arise, a review by legal counsel is recommended. There is an expectation that bylaws enacted by a municipality will be enforced. Municipalities have been found negligent by the courts for not enforcing bylaws.
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