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3 min read
Overview
Public Participation Policies Under the MGA
Every municipality must have a public participation policy, which council can amend from time to time. A public participation policy does not change any rights or responsibilities that a municipality or any person already has under other parts of the MGA. But having a clear policy that a municipality can follow consistently sets it up well to ensure it is meeting its MGA obligations and is in a good position in the event its decisions are later challenged.
When Is a Public Hearing Required Under the Municipal Government Act?
Not all municipal decisions require a public hearing in advance of council making a decision. The list of which matters require public hearings is set out in the MGA.
If a public hearing is held, notice of it must be advertised and everyone is entitled to attend it. However, a person can be expelled for improper conduct. Although anyone is allowed to attend the public hearing, the right to speak at the hearing is not unlimited. Council must hear affected parties who followed the procedures outlined by council to speak at the hearing. Council may hear others, if it agrees to do so.
Caution should be exercised to ensure that council is consistent in who it agrees to hear from. For example, if council only permits people to speak in favour of a proposed bylaw or resolution, and bars any opponents from speaking, that could be grounds for the bylaw or resolution being invalidated.
Timing of Notice Under the Municipal Government Act
The method and timing of notice for public hearings are common areas where municipalities can get tripped up. But the MGA sets out the needed criteria, and meeting its requirements is essentially a checklist that can be followed in a repeatable manner.
If a public hearing is required, it must be held prior to second reading of a bylaw or before council votes on a resolution. Public hearings are held during a regular or special council meeting.
Notice of an upcoming hearing must be advertised at least five days before the meeting via at least one of the following methods:
- Published in a newspaper or other publication circulating in the area (once a week for 2 consecutive weeks);
- Mailed or delivered to every residence in the affected area; or
- By another method set out in an advertising bylaw that the municipality passes under section 606.1. These advertising bylaws generally are to allow notice via electronic methods, which is not an option under the MGA absent an advertising bylaw.
Although only one method is required, a best practice is to provide notice of each hearing through multiple methods to ensure all affected parties receive notice.
The notices also must contain the following information:
- General purpose of the bylaw/resolution/hearing;
- Address where the documents may be inspected;
- Petition procedures (for bylaws/resolutions); and
- Date, time, and location of the meeting/hearing.
What Happens If a Municipality Makes a Notice or Advertising Error?
Despite a municipality’s best efforts and intentions, sometimes it can stray from the strict requirements of the MGA and its own advertising bylaw. Whether those mistakes invalidate the bylaw is a common source of judicial review applications from concerned residents. The Alberta Court of Appeal recently considered this is Southpoint Landing JV Inc v City of Camrose, 2025 ABCA 330.
There, the City did not adhere to the requirements of its own procedural bylaw. But because the bylaws were not about taxation, expropriation, or interference with private rights, strict procedural compliance was not automatically required. The Court noted that the advertising deficiencies in that case did not prejudice the affected residents or undermine fairness.
While this decision provides some comfort that perfect compliance is not always needed to uphold a bylaw’s validity, municipalities should still strictly follow advertising bylaws and the MGA to avoid risk. Ultimately if a bylaw is determined to be invalid, the municipality will typically need to start back at the beginning with first reading and holding a new public hearing to ensure that all required steps are taken. Given the time and effort this requires, it is best to avoid it.
Practical Takeaways for Alberta Municipalities
Like most aspects of municipal governance, the MGA sets out the extent of public participation municipalities must follow. While the requirements appear straightforward, there are nuances that can lead to disputes.
If a municipality is uncertain over what steps are required, or what to do in the event of complaints, it is advisable to consult a lawyer sooner than later.
Field Law’s Municipal Group advises municipalities across Alberta on governance, public hearings, and regulatory compliance. For guidance on these issues, contact Anthony Burden in Calgary or any member of our Municipal Law team.
