As of January 1, 2018, the Municipal Government Act creates a right to appeal off-site levy bylaws for items under section 648(2.1) to the Land and Property Rights Tribunal.
These items include the capital cost for rights and improvements related to any land required or in connection with:
- new or expanded community recreation facilities
- new or expanded fire hall facilities
- new or expanded police station facilities
- new or expanded libraries
See LPRT Residual Procedure Rules for matters under subsections 488(1) (D, E, E.1, G, H, and K).
No cost to file an appeal.
Any person directly affected by a bylaw imposing a levy for a purpose listed in section 648(2.1) (see above) may submit a notice of appeal.
How to file an appeal
You may use the Notice of Appeal form or submit a written letter.
Either way, we must receive your notice within 90 days of the date within the levy bylaw (or amendment) passed. It must also include the information in section 12(1) of the Off-site Levies Regulation AR 187/2017.
According to this provision, the notice must:
- identify the municipality or municipalities that passed the bylaw
- identify how the appellant is directly affected by the bylaw
- set out the grounds on which the appeal is made
- contain a description of the relief requested by the appellant
- be signed by the appellant or their lawyer when the appellant is an individual
- be signed by an authorized director or officer of the corporation or by the corporation's lawyer, when the appellant is a corporation
- contain an address for the appellant
Failure to meet these requirements may result in dismissal of your appeal.
After submitting notice of appeal
Under section 14 of the Off-site Levies Regulation, the municipality may still impose and collect the levy if an appeal under section 10 is filed.
However, if a levy is collected during an appeal, the funds must be held in a separate account for each type of facility.
The municipality cannot use the levy funds until the appeal has been determined by the Tribunal.
Connect with the Land and Property Rights Tribunal:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton Alberta T6X 1E9