Edmonton Mayor Says He May Take Province to Court Over Forced Infill Bylaw Change

Edmonton’s mayor says the city may take the provincial government to court over its directive that the city roll back rules allowing higher-density housing in established neighbourhoods.

Mayor Andrew Knack said on Oct. 13 that he is preparing a motion seeking a court ruling on whether the province’s order conflicts with councillors’ obligations under Alberta’s Municipal Government Act.

He said the directive could put councillors in a position where they violate provincial law whether they comply with the directive or reject it.

“I don’t think they’re following the law and I think we need to actually take this to the courts,” Knack said.

The provincial UCP government says it stepped in to halt the zoning changes after receiving complaints from residents. The province says the zoning changes were done with federal government influence via federal funding.

“Do you know who undermined local democracy? The federal government. When they came in and they paraded money around in front of Calgary and Edmonton councils, and said we'll give you money on condition that you bring in blanket rezoning,” Alberta Premier Danielle Smith said on the “Your Province. Your Premier” talk show on 880 CHED and 770 CHQR on Oct. 10.

Opposing the Directive

Knack said he plans to raise the issue at a special council meeting on Oct. 16, when councillors would hear from the city’s legal team and discuss the directive’s legal, financial, and logistical implications.

He said that councillors are required to approach a public hearing on a land-use decision with an open mind, while the province was requiring council to hold a hearing with a predetermined outcome.

If councillors rejected the changes after hearing from residents, they could violate the directive, he said. Conversely, he argued that following the order without independently considering public input could breach their obligations under the Municipal Government Act.

Knack said either situation could expose councillors to removal from office. He presented that concern as a reason to seek a court’s interpretation before proceeding with the required changes.

Premier Smith and Municipal Affairs Minister Dan Williams announced on Oct. 8 that Edmonton would have three months to restore residential infill rules covering housing types, density, and building heights to their pre-2024 parameters. The province also called for restoring minimum parking requirements that existed before 2020.

The province said its intervention followed complaints about development in established neighbourhoods, including concerns about parking and effects on property values. Smith said large residential complexes were being built among single-family homes without adequately fitting into their surroundings.

Edmonton’s current rules permit up to eight homes on a mid-block residential lot if it is large enough, according to the city.

Knack said the province had not given the city a written directive when municipal and provincial administrators met following the announcement. City officials were told the document could take approximately three weeks to prepare, he said.

He said the delay would reduce the time available to prepare amendments, provide required public notice, and hold a hearing before the Jan. 8 deadline.

“I would have expected that the provincial government, if they wanted to provide a directive, would have actually had the directive written before they announced it,” Knack said.

Without written details, he said, city employees could not fully determine what changes they needed to prepare.

He also questioned the purpose of holding a public hearing if council had no discretion over the outcome. Whether residents supported or opposed the changes, he argued, their submissions could not meaningfully influence a decision that the province had already required council to make.

If the minister wanted a specific outcome, Knack said, the province should enact that outcome directly.

The work would also coincide with preparations for Edmonton’s four-year budget, potentially limiting residents’ participation and requiring staff overtime, he said.

Knack said he had offered to discuss the issue with Williams about two weeks before the announcement, but learned of the province’s decision in a phone call the day before the Oct. 8 announcement.

In an email to The Epoch Times, a spokesperson for the Ministry of Municipal Affairs said the province intervened to address high-density infill development because Albertans’ concerns about the pace and effects of development in communities have grown.

Those concerns focus on parking pressures, increased traffic, building scale, and compatibility with surrounding neighbourhoods, the spokesperson said.

“The Minister of Municipal Affairs has a mandate to support development that meets Albertans’ goals of home ownership in safe, affordable, attractive, and livable family-friendly communities,” the spokesperson said.

The spokesperson added that the Municipal Government Act gives the provincial government authority to regulate a municipality, with or without conditions, to amend its statutory plans and land use bylaw.