Municipal Affairs and Housing Statutes Amendment Act, 2026 (Unproclaimed and Not in Force Sections Only)
This Act changes Alberta housing and municipal-government rules for lodge accommodation reserve-fund requisitions and pit-registration appeals.
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Municipal Affairs and Housing Statutes Amendment Act, 2026 (Unproclaimed and Not in Force Sections Only)
AI-assisted research summary: This Act changes Alberta housing and municipal-government rules for lodge accommodation reserve-fund requisitions and pit-registration appeals.
MUNICIPAL AFFAIRS AND HOUSING STATUTES AMENDMENT ACT, 2026 Chapter 10 HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Housing Act Amends RSA 2000 cA‑25 1 (1) The Alberta Housing Act is amended by this section. (2) Section 1 is amended (a) by repealing clause (a.03); (b) by adding the following before clause (a.1): (a.04) “capital maintenance reserve fund” means a capital maintenance reserve fund as defined in the regulations; (a.05) “capital reserve fund” means a capital reserve fund as defined in the regulations; (c) in clause (d) by striking out “, and includes a lodge accommodation”; (d) by adding the following after clause (h): (h.1) “operating reserve fund” means an operating reserve fund as defined in the regulations; (h.2) “social housing accommodation” means a social housing accommodation as defined in the regulations. (e) by repealing clauses (i) and (j). (3) Section 4(1) is amended by striking out “Subject to the regulations, the Minister may” and substituting “The Minister may, in accordance with the regulations,”. (4) Section 5(3)(d) and (5) are amended by striking out “section 7” and substituting “sections 7 and 7.1”. (5) Section 7 is amended (a) by repealing subsection (1) and substituting the following: Requisitions — lodge accommodation 7 (1) Each year, on or before April 30, a management body that provides lodge accommodation may requisition those municipalities for which the management body provides lodge accommodation for the amount of the management body’s annual deficit for the previous fiscal year arising from the provision of lodge accommodation. (b) in subsection (2) (i) by striking out “the total requisition is to be shared” and substituting “the requisition is to be shared”; (ii) by striking out “the total requisition for each year” and substituting “the requisition for that year”; (c) in subsection (5) by striking out “the mailing of the notice” and substituting “a written notice of the requisition is sent to the municipality”. (6) The following is added after section 7: Requisitions — capital maintenance reserve fund, capital reserve fund and operating reserve fund for lodge accommodation 7.1 (1) Each year, on or before April 30, a management body that provides lodge accommodation may requisition those municipalities for which the management body provides lodge accommodation for (a) an amount necessary for the management body to have the required amount determined by the Minister under the regulations in a capital maintenance reserve fund for the lodge accommodation, and (b) with the approval of the municipalities, an amount (i) necessary to establish and maintain a capital reserve fund for the lodge accommodation, (ii) necessary to establish and maintain an operating reserve fund for the lodge accommodation, or (iii) in excess of the amount referred to in clause (a) in a capital maintenance reserve fund for the lodge accommodation. (2) The municipalities requisitioned under subsection (1) may determine the basis on which the requisition is to be shared, and if the municipalities are unable to make that determination for any year, the requisition for that year shall be shared on the basis of the proportion that the equalized assessment for each municipality in that year bears to the total of the equalized assessments for that year of all the municipalities requisitioned. (3) If the Minister considers that a municipality that has not been requisitioned under subsection (1) should contribute to a capital maintenance reserve fund, capital reserve fund or operating reserve fund, as applicable, for lodge accommodation, the Minister may by order direct that the municipality be requisitioned under subsection (1). (4) After a written notice of the requisition is sent to the municipality by the management body, the municipality shall pay to the management body the amount requisitioned within a time determined by the Minister. (5) If the amount of the requisition or any portion of it remains unpaid after the time determined by the Minister under subsection (4), the municipality shall pay interest at the rate determined by the Minister to the management body on that unpaid amount, and that unpaid amount and the accrued interest are recoverable as a debt due to the management body. (7) Section 8(1) is amended by striking out “the mailing of the invoice” and substituting “the invoice is sent to the municipality”. (8) Section 33.1 is repealed. (9) Section 34(1) is amended (a) by repealing clause (c)(iii.1) and substituting the following: (iii.1) respecting capital maintenance reserve funds, capital reserve funds and operating reserve funds for management bodies that provide (A) lodge accommodation, or (B) social housing accommodation other than lodge accommodation, (b) in clause (i) by adding the following after subclause (ii): (ii.1) prescribing the lodge rate or the manner of determining the lodge rate that may be charged in respect of a tenancy in lodge accommodation, (10) The Schedule is repealed. (11) This section comes into force on January 1, 2027. Municipal Government Act Amends RSA 2000 cM‑26 4 (1) The Municipal Government Act is amended by this section. (2) Section 1(1) is amended by adding the following after clause (w): (w.1) “pit” means a pit as defined in section 1(xx) of the Environmental Protection and Enhancement Act ; (20) Section 326(1)(a)(v) is amended by adding “or 7.1” after “section 7”. (23) Section 488(1) is amended by adding the following after clause (h): (h.1) to hear appeals under section 619.1 respecting whether a proposed statutory plan amendment or land use bylaw amendment is consistent with a registration in respect of a pit issued under section 68 of the Environmental Protection and Enhancement Act , (28) The following is added after section 619: Pit registration under Environmental Protection and Enhancement Act 619.1 (1) In this section, (a) “Director” means a Director as defined in the Environmental Protection and Enhancement Act ; (b) “registration” means a registration issued by a Director under section 68 of the Environmental Protection and Enhancement Act . (2) A registration in respect of a pit prevails, in accordance with this section, over any statutory plan, land use bylaw, subdivision decision or development decision by a subdivision authority, development authority, subdivision and development appeal board, or the Land and Property Rights Tribunal or any other authorization under this Part. (3) When a municipality receives an application for a statutory plan amendment, land use bylaw amendment, subdivision approval, development permit or other authorization under this Part and the application is consistent with a registration in respect of a pit, the municipality must approve the application to the extent that it complies with the registration. (4) An approval of a statutory plan amendment or land use bylaw amendment under subsection (3) (a) must be granted within 90 days after receipt of the application or a longer time agreed on by the applicant and the municipality, and (b) is not subject to the requirements of section 692 unless, in the opinion of the municipality, the application relates to matters not included in the registration. (5) A subdivision approval or development permit under subsection (3) may include one or more conditions permitted under section 640(2)(c)(iv) or 655 if the condition does not conflict with the registration. (6) If a municipality that is considering an application under subsection (3) holds a hearing, the hearing may not address matters already decided by a Director in the registration, except as necessary to determine whether an amendment to a statutory plan or land use bylaw is required. (7) If a municipality does not approve an application under subsection (3) to amend a statutory plan or land use bylaw or the municipality does not comply with subsection (4), the applicant may appeal to the Land and Property Rights Tribunal by filing with the Tribunal (a) a notice of appeal, and (b) a statutory declaration stating why mediation was unsuccessful or why the applicant believes that the municipality was unwilling to attempt to use mediation. (8) The Land and Property Rights Tribunal, on receiving a notice of appeal and statutory declaration under subsection (7), (a) must commence a hearing within 60 days after receiving the notice of appeal and statutory declaration and give a written decision within 30 days after concluding the hearing, and (b) is not required to notify or hear from any person other than the applicant and the municipality against whom the appeal is launched. (9) The Land and Property Rights Tribunal, in hearing an appeal under subsection (8), may only hear matters relating to whether the proposed statutory plan or land use bylaw amendment is consistent with the registration. (10) In an appeal under this section, the Land and Property Rights Tribunal may (a) order the municipality to amend the statutory plan or land use bylaw to comply with a registration, or (b) dismiss the appeal. (11) Section 692 does not apply when the statutory plan or land use bylaw is amended pursuant to a decision of the Land and Property Rights Tribunal under subsection (10)(a). (12) A decision made under subsection (10) is final but may be appealed by the applicant or the municipality in accordance with section 688. (37) Section 688(1)(b) is amended by adding the following after subclause (i): (i.1) under section 619.1 respecting whether a proposed statutory plan or land use bylaw amendment is consistent with a registration in respect of a pit issued under section 68 of the Environmental Protection and Enhancement Act , (39) Subsections (2), (23), (28) and (37) come into force on Proclamation. (40) Subsection (16) is deemed to have come into force on January 1, 2026. (41) Subsection (20) comes into force on January 1, 2027.
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