What you need to know to complete your ICFs and IDPs?

Michael Scheidl, Manager of Intermunicipal Relations

October 18, 2018

Intermunicipal

Collaboration

Frameworks (ICFs)

Agenda

Requirements ICFs

Relationship between IDPs and ICFs

Arbitration, Mediation and Facilitation Options

Finalizing and submission

Resources

Q & A

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Requirements and Timelines

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• Adopt Intermunicipal Collaboration Frameworks

(ICFs) bylaw and

• Intermunicipal Development Plans (IDPs).

• All municipalities with common boundaries must, by

April 1, 2020, adopt a framework and IDP

• Municipalities that do not have common boundaries

may be parties to a framework

MGA requirements for ICF and IDP

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• each municipality must list all of it’s services

• identify which services are best provided on a

municipal, intermunicipal, or third party basis

• outline intermunicipal services

• term of review (not to exceed 5 years)

• binding dispute resolution process

• set a time frame for implementation for new or

changed services

Required Content

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• transportation

• water and wastewater

• solid waste

• emergency services

• recreation and

• other services that

benefit residents in more

than one municipality

Required Services included in an ICF -Section 708.29

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• each municipality must list all of the services

provided

• identify which services are best provided on a

municipal, intermunicipal, or third party basis

• outline intermunicipal services

• term of review (not to exceed 5 years)

• binding dispute resolution process

• set a time frame for implementation for new or

changed services

Required Content

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• Description of how the service

• Who is the lead municipality

• How is the service funded

• Term of review (not to exceed 5 yrs)

• Binding Dispute resolution process

• Timeline for implementation and transition plan for new or changed intermunicipal service

Outline for each Intermunicipal Service

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Transportation:

Transportation services are provided independently by both

Counties.

Water and Wastewater:

Water and wastewater services are provided independently by

both Counties.

Used with permission from Leduc County &County of Westaskiwin ICF DRAFT

http://www.county.wetaskiwin.ab.ca/documentcenter/view/1573

Outline example no shared service

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Does not mean…Does mean …

• discussing how services

will be provided in the

region

• creating a summary of

how services will be

provided

• deciding how to maintain

intermunicipal services

• an intermunicipal service

must be provided if the

municipalities agree that

the service is better

provided separately

• existing agreements

have to be changed

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ICF Bylaw Table of Contents

1. TERM AND REVIEW

2. GOVERNANCE BODY

3. MUNICIPAL SERVICES

• List all services to be provided

directly by municipality A & B

4. INTERMUNICIPAL SERVICES

OUTLINE for each intermunicipal

service

Outline of the Mandatory services

regardless of how they are provided:

– Water and Wastewater

– Solid Waste

– Transportation

– Recreation

– Emergency Services

– Other services that benefit residents in

more than one municipality

5. Dispute Resolution

12 *ICF workbook Pages 45 – 48 provides other examples

Relationship of Intermunicipal

Development Plans with ICFs

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• IDPs compose the

land use portion

• ICFs compose of

municipal services

• ICFs and IDPs need

to be linked together,

and consistent

Linking ICF and IDPs

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In addition to previous requirements IDPs must

address:

✓ Future land use.

✓ The manner of and the proposals for development.

✓ The provision of transportation systems.

✓ The coordination of intermunicipal programs.

✓ Environmental matters.

✓ Any other matters related to the social, physical and economic

development of the area that the councils consider necessary.

IDP Requirements

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• The area to be included in the plan is at the discretion

of the municipalities.

Area to be included in an IDP

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Municipality ‘A’ Municipality ‘B’IDP area

Timelines for IDP

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Timeframe for IDP development

Public Consultation

Adoption of BylawsBy April 1, 2020

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Part 17.2 (ICF-IDP)

Year 1 Year 2 1 Year

Arbitrator AppointedJointly by municipalities or

if no agreement by

Minister

ArbitrationProcess led by Arbitrator

Discussion-Negotiation-Mediation

Process led by Municipalities

Matching Bylaw Approval Process

Adopted matching ICF and IDP must be filed with the Minister

ICF-IDP Complete

Part 17.2 (ICF-IDP)

Year 1 Year 2 1 Year

Arbitrator AppointedJointly by municipalities or

if no agreement by

Minister

ArbitrationProcess led by Arbitrator

Discussion-Negotiation-Mediation

Process led by Municipalities

Matching Bylaw Approval Process

Adopted matching ICF and IDP must be filed with the Minister

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ICF-IDP Bylaw Passed

Year 1 Year 2 Year 3 Year 4 Year 5

An ICF review must be completed within 5 years

Binding Dispute Resolution Process

As outlined in ICF-IDP or if silent, Model Dispute Resolution in

Regulations(may or may not include arbitration)

Arbitration, Mediation and Facilitation

options

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Role of Arbitrator - Section 708.36

• To hear the parties and make a binding decision using the criteria from the legislation.

• Regulations further define the powers of an arbitrator to create an ICF.

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Criteria to be considered by an Arbitrator

Section 708.38

(1) In resolving a dispute or creating a framework, an arbitrator must have regard to:

(a) the services and infrastructure provided for in other frameworks,

(b) consistency of services provided to residents,

(c) equitable sharing of costs among municipalities,

(d) environmental concerns within the municipalities,

(e) the public interest, and

(f) any other matters prescribed by the regulations.

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Arbitrator Selection – Section 708.35

(2) The arbitrator must be chosen by the municipalities or, if they cannot agree, by the Minister.

(3) Any mediator who has assisted the municipalities in attempting to create a framework is eligible to be an arbitrator under this Division.

(4) Where municipalities for whom an arbitrator is appointed create a framework by agreement, the arbitration process ends.

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Resources

Grants

• Facilitation and Mediation of ICF – Alberta Community Partnership – Mediation and

Cooperative Processes

• Technical Assistance – Alberta Community Partnership – Intermunicipal

Collaboration

Advisory and Coaching – Call (780) 427-2225

• Intermunicipal Relations Team

• Planning Unit

• Peer Mentors www.peermentors.ca

• Roster of Mediators and Arbitrators

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Finalizing your ICF and IDP

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(1) Municipalities must create a framework by adopting

matching bylaws that contain the framework.

(2) An ICF is not complete without a matching IDP.

(3) Municipalities must negotiate in good faith.

(4) Once the ICF and IDP bylaws are passed

municipalities have 90 days to file a copy with the

minister.

Finalizing an ICF

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Resources

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Resources

ICF IDP Workbook• https://auma.ca/advocacy-services/programs-initiatives/mga-change-

management-resources

MGA Resources webpage https://www.alberta.ca/mga-change-management.asp

https://open.alberta.ca/publications/mga-implementation-fact-sheets

ICF and IDP Information Bulletinhttps://open.alberta.ca/dataset/ab5db63d-302c-4c1b-b777-1eeb0fe23090/resource/9fedc3c0-d036-44bc-9f72-4b5d07f47110/download/Intermunicipal-Collaboration-Frameworks-.pdf

ICF Arbitration Information Bulletinhttps://open.alberta.ca/dataset/ab5db63d-302c-4c1b-b777-1eeb0fe23090/resource/cf2c5e46-220f-401c-ace4-708c68824691/download/Intermunicipal-Collaboration-Frameworks---Arbitration.pdf

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Modernized Municipal Government Act:http://www.qp.alberta.ca/1266.cfm?page=2016ch24_unpr.cfm&leg_type=Acts&isbncln=978

0779799350

Intermunicipal Collaboration Framework Regulation:http://www.qp.alberta.ca/1266.cfm?page=2017_191.cfm&leg_type=Regs&isbncln=9780779

799183

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Municipal Government Act and

Regulations

For More Information Alberta Municipal Affairs – Intermunicipal

Relations

780-427-2225(310-0000 Toll Free)

http://municipalaffairs.gov.ab.ca/index

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Questions?