(The Canadian Press/Darryl Dyck)

By Sheldon Spackman

BILL 4

UCP making changes to Municipal Government Act in hopes of certainty for public health rules

Mar 8, 2022 | 5:42 PM

The Alberta government says it is taking steps to make COVID-19 health policy consistent across the province, thanks to changes being introduced to the Municipal Government Act (MGA).

Bill 4, the Municipal Government (Face Mask and Proof of COVID-19 Vaccination Bylaws) Amendment Act, 2022 proposes changes to the MGA that will be very narrow and focused strictly on public health requirements related to COVID-19.

Officials say any municipal bylaws requiring masks to prevent the spread of communicable diseases, or relating to COVID-19 vaccines, will need to be approved by the Minister of Municipal Affairs in consultation with Alberta’s chief medical officer of health.

According to government officials, this approach is expected to limit the ability of local governments to pass bylaws that contradict public health policies enacted by the province. For example, the proposed changes, say officials, would prevent local governments from imposing masking or proof of COVID-19 vaccination bylaws on private sector operators such as grocery stores and retail businesses.

“We recognize the importance of local autonomy,” said Ric McIver, Minister of Municipal Affairs, on Tuesday. “That’s why the proposed changes will have no impact on the day-to-day operations of Alberta municipalities. As we move together toward a path to normal, Alberta needs one clear public health policy. The best way to do this is to make sure the rules are clear, specific and the same for all Albertans.”

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Government officials say most municipalities already comply with public health requirements for COVID-19, so the proposed changes will not affect them. Officials say local governments will continue to have authority to implement masking or proof of COVID-19 vaccination bylaws to municipal facilities, such as recreation centres, public transit and municipal buildings.

Quick facts

• Existing municipal bylaws on these matters will no longer be in effect when the legislation comes into force.

“These decisions should be made at the local level between democratically elected leaders and voters,” said NDP Municipal Affairs Critic Joe Ceci. “For a government that claims it’s a grassroots party and a Premier who even signed a grassroots guarantee, the UCP is launching a direct attack on local democracy and the wishes of Albertans.”

“This is the same government that constantly warns of federal government overreach. But now Premier Kenney and the UCP are doing the exact same thing they accuse Justin Trudeau of doing. The irony is not lost on me, nor is it lost on Albertans,” added Ceci.

“Unfortunately, the Premier and his government can’t see the hypocrisy and that is yet another reason why Albertans can’t trust them. The UCP needs to respect Alberta voters and scrap this bill.”

“We are concerned that the Government of Alberta is setting a troubling precedent by amending the MGA – Alberta’s principal piece of legislation governing municipalities – without prior consultation,” responded Cathy Heron, President of Alberta Municipalities.

“Alberta Municipalities appreciates that the provincial government kept the scope of these legislative amendments very narrow, but we continue to believe that the best public health decisions are those based on science and data, rather than on political differences and calculations. We will follow debate on Bill 4 in the legislature with great interest,” stated Heron.