Provincial authorization appeals – MGA Section 619

Process when a municipality rejects an application to amend a statutory plan or land use bylaw in line with a provincial authorization.

Overview

The Land and Property Rights Tribunal (LPRT) hears appeals of municipal decisions that deny applications to amend statutory plans or land use bylaws to be consistent with specific provincial authorizations. See Sections 619(5) 488(1)(h) of the Municipal Government Act (MGA) for further information.

Section 619 of the MGA also states a license, permit, approval or other authorization from the Natural Resources Conservation Board (NRCB), Energy Resources Conservation Board (ERCB), Alberta Energy Regulator (AER), Alberta Energy and Utilities Board (AEUB) or Alberta Utilities Commission (AUC) prevails over any statutory plan or land use bylaw.

The LPRT Residual Procedure Rules apply to these types of appeals.

Cost

No cost to file an appeal.

How to file an appeal

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Use the Notice of Appeal Under Section 619 or submit a letter to file an appeal. You must also submit a statutory declaration stating why mediation was unsuccessful or why you believe the municipality was unwilling to use mediation.

Hearing

The LPRT is not required to notify or hear from any person or entity other than the applicant and the municipality who the appeal is launched against. A hearing will commence within 60 days.

Contact

Connect with the Land and Property Rights Tribunal:

Hours: 8:15 am to 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