The Official Voice of the Alberta Development Officers Association

HelloA1J! We are looking forward to beginning another season of our ADOAorganization and settling in to our new roles! All indications show that 2008 will

still be a strong year for the development and construction sectors, so we sincerelyhope that you take some time away from the office to enjoy the festivities

and spirit of the season with friends and loved ones.Wishing you andyour families a safe and enjoyable Holiday Season

and all the best in the New year ....

Meet your 2007-2008 Executive:

Back Row: Graham Smith, Carol-Lynn Gilchrist, Mark Wiebe, Diane Visser, Linda NelsonFront Row: Terry Holt, Adele Lapointe, Katherine Currie

Season's ~reetings from the Executive

Feallll-ed ./1 rlide.r

()ver270Members

Strong...and Growing!

Need help? Ask yourpeers. We have

changed the processsince the new website

was launched.

Editor's Musings 2

A New "LOOK" at 2EnvironmentalReserves

Legal Corner 3

ADOA Executive 4Updates

Enforcement Clarity 5for Peace Officers

How to Contact 6

the Executive

Post your questions onthe website under the

, Members Only Page ~Discu~sion Forum andmemb~t)s will respond.

",. tl·:~1~ ;i'}.m~:%:

JoB: Postings &'Events

can be submitted viae-mail to

vicki@teluspfanet.net

.Thepurpose ofthe

ADOA is to come

together as a bocfy to

communicate relevant

development issues,

discuss and consider

current and new

legislation, and

provide education and

training. "

Riparian vegetation example

As this newsletter seeks to be the voice of theADOA, my role as editor is to promote andcommunicate the role of leadership and learn­ing that the ADOA Executive undertakes onyour behalf. The ADOA is a forum for raisingawareness, for discussing relevant issues, forposing questions or challenging the statusquo, for creating learning and mentoring op­portunities, for networking and peer support.

It does not matter whether you are new to therole of Development Officer or if you are aseasoned veteran, both groups and everyonein between has an interest in staying involvedor at the very least informed of the activitiesof the ADOA. It is my hope that you will seevalue in building on the past efforts of theADOA, and challenge you to move forwardwith a greater emphasis on being active par­ticipants and assume a role in developing ourcollective knowledge.

To remain a vital entity, the ADOAmust be aware that:

Knowledge producers will be the mostsuccessful organizations of the future.

I believe that the .i\DOA is in that enviableposition: we have demonstrated a commit­ment to advancing the stature of Develop­ment Officers within the province.

As I sat down to write this flISt edition of"Editor's i\1usings" I was accounting for thepassage of a year - bemoaning the impressionthat time is indeed quickening - coupled with

Submitted by: Mark Wiebe, on behalfof Lac la Biche County

Lac la Biche County has adopted adocument to aid in the development andprotection of the many environmentallysensitive shorelines in the area. "As therate of development increases, so does

by carol-lynn Gilchrist

the looming deadline of my first newsletter!The end of a calendar year marks that universaltime for personal and professional reflectionand is the perfect time to take inventory of theevents of the past year and what we accom­plished, not only as individuals, but also as mu­nicipal organizations and especially as planningand development teams influencing and shap­ing our unique communities.

It was through this lens that I asked the Execu­tive this question: "What innovative or newideas are emerging in your communities? We alldo such interesting work - I would like to hearfrom each of you and share it! Perhaps due towhat I am currently working on and the in­creasing awareness of water quality and protec­tion issues in all regions, I thought the submis­sion by i\1ark Wiebe - which is found in thearticle below was timely. I have also includedan article submitted by Linda Nelson concern­ing the role of "Peace Officers". I hope to fea­ture submissions like these in every issue of'The Communicator' to showcase our manyefforts. i\1y goal is to seize a new opportunityby linking the newsletter articles with our newand more interactive website - where you maydownload the attachments and fmd other re­lated links.

I look forward to serving you in the capacity ofCommunications Director, and extend an invi­tation to all of you to submit articles or topicsfor future issues to the following:

clgilchrist@lacombe.caCarol-Lynn Gilchrist, Editor, The Communicator

the pressure placed on water bodies andsources of drinking water. In order to mitigatethe impacts of development, the RiparianSetback Matrix Model was created. Themodel will aid in the protection of shorelines,water quality and riparian areas*, while allow­ing for development to occur in a sustainable

(Continued on page 5)

Page 2 The Communicator

Le9al Corner

B R <:> vv N LEE1, L Ii-

I) .. ,. ......... ~ l' <t ...,... ~ ~ t ••• t ••••

CASE LAW UPDATE

by Jeneane Grundberg

Case Update: London (City) v. RSJ Holdings Inc., 2007 Supreme Court of Canada - public meeting re­quirements

The Supreme Court of Canada recently issued a case relating to Council proceedings. Outlined below is a sum­mary of the case, as well as reasons why the case is important for Alberta municipalities.

FACTS:

RSJ Holdings Inc. was a landowner affected by a bylaw that provided for a one-year freeze on all development in aparticular corridor of the City of London, Ontario. The bylaw was passed after two closed meetings and a shorteight-minute public session; during the public session, Council passed 32 bylaws, without any debate or discussion.RSJ Holdings applied for an order quashing the bylaw on the grounds that the City had not met its obligationsmandated by statute that all meetings be held in public. The City argued that the meeting fell within an exception inthe Municipal Act that allowed an interim control bylaw to be passed without notice and without a public hearing.The Court of Appeal had allowed the appeal and quashed the bylaw. The City appealed the decision to the Su­preme Court.

HELD:

The Supreme Court of Canada dismissed the appeal and held that quashing the bylaw was the appropriate remedy.The interim control bylaw provisions did not relieve Council of their obligation to hold public meetings. The exis­tence of sections in the Act which permitted Council to dispense with notice does not authorize decisions of thisnature to be made at a closed meeting.

WHY THIS CASE IS IMPORTANT:

This case demonstrates the importance of public meetings. The Court emphasized that municipal government leg­islation which requires public meetings reflects the legislature's choice to have transparency and accountability inthe decision-making process.

In Alberta, we do not have the same "interim control bylaws" as contemplated in Ontario; the Ontario legislationallows a municipal Council to adopt a bylaw, in essence imposing a development freeze on lands, all without a pub­lic hearing. Nevertheless, the general principles enunciated by the Supreme Court of Canada hold true in relationto public meeting requirements.

Alberta municipal Councils must generally conduct their meetings in public; Councils may go in camera where oneof the exceptions under the Freedom ofInformation and Protection ofPn'vary Act applies (Municipal GovernmentAct s. 197).These exceptions include where the matter relates to or involves legal advice, employment matters (as they relate topersonal information), complaints respecting breaches of municipal bylaws (where the complainant's identity is tobe confidential), personal information, and draft resolutions, bylaws or other legal instruments by which Councilacts (such as negotiations relating to the purchase of lands). It is trite law, however, that the only motion that canbe made in camera is the motion to go out of in camera.

Page 3 The Communicator

legal Corner .....continued from page 3

For more information, contact the following lawyers of the Brownlee LLP team:

The Supreme Court of Canada's decision states that Council cannot abuse the in camera process to, in essence,make its decision behind closed doors. When Council makes decisions in secrecy they will not be given defer­ence, even when such decisions are within Council's authority. In issuing this decision, the Supreme Court ofCanada has recognized that a public meeting should be used for substantive debate, not simply to "rubberstamp" a decision effectively made in camera.

bsjolie@brownleelaw.comgscott@brownleelaw.comtmarriott@brownleelaw.comrthorkelsson@brownleelaw.comjklauer@brownleelaw.comjgrundberg@brownleelaw.comdking@brownleelaw.comIranda@brownleelaw.comsboyd@brownleelaw.com

Education:

The fIrst meeting of the Government Studies AppliedLand Use Planning Program Advisory Committee oc­curred on November 9. One key idea that was presentedwas the need to tie together all the proposed courseswith a framework. This framework would provide anover-arching set of competencies and major constructsthat would be woven throughout the courses. The U ofA has developed a draft conceptual framework for thisproposed program. The ADOA will review and providecomments back to the Advisory Committee. Many more

(Continued on page 6)

(780) 497-4818(403) 260-5302(780) 497-4868(780) 497-4843(403) 260-5303(780)497-4812(780) 497-4846(780) 497-4832(780) 497-4837

Membership:It's that time of year again where you can expect to re­ceive by mail, a request and invoice to renew your 2008ADOA membership. Membership fees are $75 peryear. The letters will be mailed out by December 12,2007 and fees are due by February 28, 2008. If youknow of someone that is interested in becoming amember contact either Diane, Katherine or Vicki.

Please join us for our Emerging Trends Seminar in 2008. See below for details.

Barry A. Sj01ie, Q.c. (Edmonton)Glen B. Scott, Q.c. (Calgary)Thomas D. Marriott (Edmonton)Rodd C. Thorkelsson (Edmonton)Joanne M. Klauer (Calgary)Jeneane S. Grundberg (Edmonton)Derek j. King (Edmonton)Lorne I. Randa (EdmontonShari L. Boyd (Edmonton)

~ E-rnerging Tre1'uls in Munt ipal Law~ The Latest Issues Impacting Municipalities~~ full Day Seminar: cal,gary - Thursday" Feb. ',2008 • Edmonton - Thursday, Feb. 21 ~ 2008'T"""....·3..uW....)g:~. ;'Constructing Success" - Creating wirU1ing <:ondition$ during construction project.s~.. "From the Basics tv the Cutting Edge# '""" Employment and labour Issues facing munlc'pal empfoyer.s...

j NEW THIS YEAR: Breakout Sessions:~. "Infrafitruc.ture FinahC.ing n

- leveraging more public works with less public money3" #iUnder Your (Green) Thumb" - Regulating Environmentally Detrimental ActivItiesj~ NEW THIS YEAR~ BearPlt. Session;3. We want your input! Selected municipal issue~ GOncemlng you the mostwtll be addressed.:i~ To registe,rt please contact Andrew Renfree at (780) 497-4806 or arenfre(t~,~rowraleelaw.G()m~ , :j;.~',,,,~ - - - - - --'- - - - - -- -'~ - -'~ ~ - -'- -'. -. -- - - -'. -- ~'~ - - --' .• -'- ~ - - • _.' •• - -,~',~. -'..'.'-'. ~'- _. - .'- - --'-''''," _ ... ~ _. ~ -- - - - -- -'.'- -"".-

Page 4 The Communicator

A 'NEW' look ...cont'd. from page 2

manner." The model will be used by Lac la Biche County todetermine appropriate environmental reserve setbacks for alldevelopment adjacent to environmentally sensitive and or sig­nificant water bodies, which will justify the need for environ­mental reserve protection to maintain healthy and functionalriparian areas free from pollution, while providing public ac­cess that will not impede natural functions. The following isan excerpt from the report:

"In 2002, the Lac la Biche Watershed Steering Committeewas formed in response to increasing concerns over waterquality in Lac la Biche and surrounding water bodies. Severalsampling events had found that sites around the Lac la Bichewatershed had high nutrient levels (which promote algalblooms and create the potential for blue-green algal blooms)and human sewage indicators were found at several sitesaround Lac la Biche (Aquality 2004). Riparian healthassessments completed in 2002 revealed that only 31% ofriparian areas were healthy, with the remaining areas shownto be unhealthy or having problems (Aquality 2004)."

Facing immense development pressures, the need to protectand restore the riparian areas in the Lac la Biche watershedhas become increasingly apparent. Riparian health and water

quality were both identified as important objectives inthe Lac la Biche Watershed Management Plan.

The Riparian Setback :Matrix Model creates unique, de­fensible development setbacks based on slope, height ofbank, groundwater table level and vegetation. These de­velopment setbacks will help to protect riparian landsand maintain the ecological goods and services thathealthy and functional riparian areas provide for futuregeneration's benefit. In addition, the Riparian SetbackMatrix 1\10del can be used to determine appropriate de­velopment setbacks and land uses for all private landslocated adjacent to environmentally sensitive and or sig­nificant lands within a municipality."

Editor's Note: Ifyou are currentlY working on water qualityissues, environmentalpolity or lakeshore subdivisions,you m~find this work usefuL I encourageyou to visit the ADOA websiteto download the following two documents to learn more!

The Riparian Setback Matrix Model Backgrounder 2007and A Developer's Guide to Riparian SetbackDetermination

Did YouKnow?

A Municipal Tag isa written notice

or warning issuedto a person toadvise that an

offence has beencommitted and

that they coulq ..~e~R.rosecuted foR thw' " 'pffel1ce'

;' #:" ;"~.

{~~¥

Tags ate.penalty,,-fhey\\a useful tool formunicipal bylawenforcement ahtJare different fromViolation Tickets,

for which a personmust be formally

charged andconvicted of an

offence.·

Under the TrafJicSafltyAct, RSA 2000, a drive­way on private property is still considered ahighway under the definitions, however, indealing with recreational vehicles and trailers,there is nothing defmed in the TSA to dealwith contraventions or infractions. As theTSA is non-specific in this area, and does notaddress parking issues on private driveways.The new Bylaw was implemented to allowPeace Officers greater flexibility in dealing withissues regarding parking of recreational vehi­cles.

Visit the ADOA website to download the Bylaw.

Town Council asked administration to draftthis Bylaw to address the numerous complaintsthey receive. Development and Municipal En­forcement worked together to produce this by­law, which was reviewed by legal council.

Submitted by:Linda Nelson, Town of Strathmore

The Town of Strathmore passed a Bylaw togive 1\1unicipal Peace Officers additional au­thority to handle enforcement on private prop­erty.

Enforcement clarity for Peace Officers

The (amending) Bylaw adds a new section todescribe the Authority and Responsibilities ofthe Bylaw Enforcement Officer; amends theOffences and Penalties section to identify spe­cific contraventions and fines with regard tooff-street parking; provides for the issuance of1\1unicipal Tags; and lastly, replaces a clause inthe Regulations for Parking Recreational, Com­mercial and Motor Vehicles, to include a provi­sion to ensure public safety, and to addresstraffic hazards resulting from vehicles parkedon private property.

December 2007 Page 5

\

ADOA Executive U'pdates

2007 Update: The Conference Organizing Committee reports thatit was a successful event with a 171 members and associate mem­bers attending our conference, the largest turnout yet. A fun timewas had by the 20 golfers who attempted to have a great game (orswing) with multiple layers on, as it was a freezing day for Septem­ber! There were approximately 50 who took gambling lessons-norecord of biggest wins or any hints of loses so we must be a luckygroup. At press time the financial summary of the Conference wasnot available, but Lori Kustra did report that with all the generousdonations received and with the seven municipalities each contrib­uting $1,500.00 to the conference-we are in a positive position!

Conference

(Continued/rom page 4)

ideas were discussed at the meeting, and we'll keep you informedas we move forward with this initiative.

Communications & Website

Call for 2008 Conference Host Community: The Town ofTaber has recently informed the Executive that they are unable tohost next year's conference. Ifyou wish to put your municipalityforward please contact Adele, prior to January 18, 2008 as the Ex­ecutive will be discussing this item at their next meeting.

With the recent redesign of the website, there is a new process forposting questions and soliciting comments from the membership.We encourage you to check out the Forum on our new web site(under :Members Only). Simply follow the process that is describedon the site. You may post as many questions as you like, and replyand/or view other responses. The purpose of the Forum is to al­low .ADOA members to view the information in a convenientplace. If you wish to reply separately to the person who posted thequestion, rather than on the site, that is encouraged also.

Please contact Vicki if you do not know the generic username forADOA members and our password. The forum allows you tosetup your own "account", simply follow the instruction on themain page of Members Only.

The onus is on the members to regularly check the website; ratherthan emailing the information to our administrator. Please give thisservice at try and make a point of checking the site once a week!.Also if you posted a question and have compiled the results you

Diane Visser

Tel. 403-851-2578diane.visser@cochrane.ca

Membership

Carol-Lynn Gilc:hrist

Tel. 403-782-:1238f:lg ikhrist@latomJ)e.ca·

. ':~M::;$;:) .

Qmmunjc(Jtion$,;,~' Edpcation.,.,' .... ,.,~

Graham Srr;>fth,S~cretary'Tel. 403-520-1184

gsmith@rockyview.caCommunications

Adele lapointe, PresidentTel. 780-963-8580

aJapointe@stonyphijn.comConference'Guidelines

"g' .,

linda Nelson, Treasurer

Tel. 403-934-3204 ext 224lindan@strathmore.ca

lerry Hplt,ga ,r;~sident

leI. 403~268~53'S'3

terry.holt@calgary.caBylaws & Policy Development

:}.

Tel. 780-623-1147mark.wiebe@Jadabichecounty.com

Education, Resources & Bursary

Katherine Currie, Vite-President

Tel. 780-826·3496kcurrie@town.bonnyville.ab.ca

Membership & Bylaws & Policy Devp

Vicki Hackl, Executive Assistant

Tel. 780-455-1 ~87Fax. 780-452-7718vici@teJusplanet~net

Page 6 The Communicator