Council vs. Administration: Who Does What Under Alberta’s MGA?
Join our email list today to receive alerts, articles, invitations to events and more!
4 min read
Overview
Under Alberta’s MGA, council sets municipal policy and direction while the CAO and administration are responsible for implementing those decisions and managing day-to-day operations. Individual councillors do not have authority to direct staff on their own, and councillor requests for administrative information should generally flow through the CAO. Recent legislative changes have also introduced new rules governing councillor information requests and certain CAO reporting obligations. Clear delegation bylaws, communication channels and an understanding of who has authority to act can help municipalities avoid governance disputes.
Alberta’s Municipal Government Act (MGA) draws a line between the role of a municipal council and that of its chief administrative officer (CAO).
Generally speaking, council sets policy and direction, while the CAO and municipal staff implement it. Knowing where that line falls matters. When council or individual councillors step into administration, or administration moves into council’s decision-making role, the result can be strained working relationships, decisions made without proper authority and costly disputes.
Recent legislative changes have also added new requirements around councillors’ access to information and CAO reporting obligations.
Council Governs, Administration Implements
Council's principal role under s. 201(1) is to develop and evaluate the municipality's policies and programs, make sure the municipality's powers, duties and functions are appropriately carried out, and exercise the powers expressly given to council.
Council also acts only as a body, by bylaw or resolution. An individual councillor, including the mayor or reeve, has no authority to direct staff. Direction reaches administration through a council decision, communicated to the CAO.
The examples below illustrate how that division applies across common areas of municipal business:
| Council | CAO + Staff (Administration) |
|---|---|
| Approves a traffic safety policy to improve pedestrian safety | Implements crosswalk enforcement and installs signage under the policy |
| Passes a business licence bylaw | Issues, suspends or cancels licences under the bylaw, where that authority is delegated |
| Adopts the operating and capital budgets and sets the tax rate | Prepares the draft budget, manages expenditures and maintains financial controls |
| Sets strategic priorities, such as downtown revitalization | Designs and delivers the programs and projects that advance them |
| Adopts the municipal development plan and land use bylaw | Decides subdivision and development applications, where the CAO or staff are designated as the subdivision or development authority |
| Holds public hearings and consults residents | Prepares the reports, data and analysis council relies on |
| Hires, evaluates and, if necessary, removes the CAO | Hires, supervises and evaluates all other municipal employees |
| Declares a state of local emergency when required | Activates emergency plans and coordinates the response |
The CAO’s Statutory Role
Every council must establish the CAO position by bylaw and appoint a person to it. Section 207 sets out the CAO's core responsibilities. The CAO:
- is the administrative head of the municipality;
- ensures that the policies and programs of the municipality are implemented;
- advises and informs council on the operation and affairs of the municipality; and
- performs the duties and functions, and exercises the powers, assigned to a CAO by the MGA, other enactments or council.
In essence, a CAO is there to perform an advisory role. Their job is to give council accurate background, clear options, professional recommendations grounded in evidence, and a candid view of the legal, financial and community risks of each course of action. Council in turn takes that information and makes the final decision through bylaw or resolution.
The CAO is also council's main point of contact with administration. Council's direction flows through the CAO to staff, and the CAO is responsible for seeing it implemented and reporting back.
Duties of the CAO
Section 208 lists administrative tasks the CAO “must ensure” are carried out. The CAO can assign the work to staff but they remain accountable for its completion. The duties include:
- Council minutes - Minutes of each council meeting must be recorded in English, name the councillors present, be given to council for adoption at a later meeting, and meet the additional recording requirements that apply when a public hearing is held.
- Records - All bylaws, minutes and other records and documents of the municipality must be kept safe.
- Reporting to the Minister - The Minister must receive a list of councillors, and any other information the Minister requires, within five days after councillors' terms begin.
- Advising council - Council must be advised in writing of its legislative responsibilities under the MGA.
The Municipal Affairs and Housing Statutes Amendment Act, 2026 (“Bill 28”) amendments added a new reporting obligation. When a CAO uses the municipality's natural person powers outside what council has already approved, the CAO must now notify council in writing at the next council meeting or within 14 days, whichever comes first. Routine operations, personnel matters, emergencies and legal advice are among the exceptions.
Councillors’ Access to Information
Councillors have a statutory duty to obtain information about the operation or administration of the municipality from the CAO or a person designated by the CAO. The CAO is the channel; councillors should not go around the CAO to canvass staff directly, and concerns about staff performance or conduct belong with the CAO.
Section 208.1, added by Bill 50 - the Municipal Affairs Statutes Amendment Act, 2025, in turn requires administration to fulfill the following duties:
- Prompt Disclosure - Information a councillor requests must be provided as soon as practicable.
- Limited grounds to refuse - The CAO may decline to provide personal or confidential information, after weighing prescribed factors: whether the councillor needs it to carry out their duties, whether a public body could disclose it under Alberta's access and privacy legislation, and any other relevant factor.
- Written reasons – A refusal must be explained in writing.
- Equal access - Information given to one councillor about the operation or administration of the municipality must be given to every other councillor within 72 hours.
Two later developments affect how this works in practice. First, the Freedom of Information and Protection of Privacy Act no longer exists; since June 11, 2025, the Access to Information Act and the Protection of Privacy Act govern municipalities. Second, Bill 28 allows councils to adopt local rules for substantial or complex information requests, such as thresholds, approval steps and reporting. Where a municipality has no such rules, the default s. 208.1 process applies.
Implications for Northern Municipalities
While the legislative framework differs across Northern Canada, the division between elected officials and municipal administration raises many of the same practical governance issues. Clear lines of authority, well-defined delegations and consistent processes for council direction and information requests can be particularly important in smaller communities, where elected officials and staff may work closely together and roles can easily overlap.
Northern municipalities should look to their own governing legislation, bylaws and policies when determining where authority rests and how council and administration should interact.
Key Takeaways
The distinction between governance and administration can become difficult to maintain when an urgent issue arises, council wants more information or individual councillors become closely involved in an operational matter.
Municipalities should regularly review their delegation bylaws, information-request procedures and internal governance practices to make sure authority is clear and current.
If your municipality has questions about the respective roles of council and administration, councillor access to information, delegated authority or recent changes to the MGA, contact Anthony Burden, Janika Sumaylo or any member of Field Law’s Municipal Law Group.
