Overview

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 MGB Residual Procedure Rules for matters under subsections 488(1) (D, E, E.1, G, H, and K).

Cost

No cost to file an appeal.

Eligibility

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

PDF form issues

Fillable PDF forms do not open properly on some mobile devices and web browsers. To fill in and save the form:

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You may use the Notice of Appeal form (PDF, 329 KB) available on this website 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.

Contact

Connect with the Land and Property Rights Tribunal:

Hours: 8:15 am – 4:30 pm (closed 12 pm to 1 pm)
Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-0986
Email: [email protected]

Address:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton Alberta  T6X 1E9

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