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unofficial consolidation, the official version is held by the municipal clerk.
"Municipal Planning Commission" has the same meaning as in the Act;
'Coordinator" means the Parkland Community Planning Services; "Designated Officer" has the same meaning as in the Act; "Development Authority" has the same meaning as in the Act;
"Conflict of Interest" means both Common Law Bias and Pecuniary Interest;
"Common Law Bias" means a situation where a Board Member's personal or private interests may or may be perceived as influencing the Board Member on a matter before the Regional Board including but not limited to: direct or indirect Pecuniary Interest, prejudgment, closed mindedness, undue influence, relationship with any of the parties involved in the matter including family members, close friends and business associates;
of the Regional Board in accordance with this Bylaw and the Act;
"Clerk" means the person(s) appointed and qualified to carry out the functions of the clerk
"Board Member" means a person appointed to the Regional Board;
"Agreement" means the Agreement to Establish the Regional Intermunicipal Subdivision and Development Appeal Board and to Provide for Regional Intermunicipal Subdivision and Development Board Services to be entered into between the Participating Municipalities and the Coordinator;
Agreement by the Coordinator;
"Administrator" means the individual appointed as Administrator for the purpose of the
"Act" means the Municipal Government Act, RSA 2000, Chapter M-26 as amended from time to time, together with all Regulations passed thereunder;
3) In this Bylaw, the following terms shall have the meanings shown:
2) Except as otherwise provided herein, words in this Bylaw shall have the meanings prescribed in the Municipal Government Act.
Definitions
1) The short title of this bylaw shall be the "Regional SDAB Bylaw."
Short Title NOW THEREFORE the Council of the Village of Donalda duly assembled enacts as follows:
AND WHEREAS the Council of the Village of Donalda considers it beneficial to enter into an agreement with certain other municipalities to establish the Regional Intermunicipal Subdivision and Development Appeal Board and for the provision of subdivision and development appeal board services to be provided by Parkland Community Planning Services;
intermunicipal subdivision and development appeal board;
allows a municipality to enter into an agreement with one or more municipalities to establish an WHEREAS the Municipal Government Act, RSA 2000, Chapter M-26, as amended (the "Act")
Bylaw #713 of the Village of Donalda, in the Province of Alberta, being a bylaw to authorize the Village of Donalda to enter into an agreement with one or more other Parkland Community Planning Services (PCPS) for the provision of intermunicipal
municipalities to establish the Regional Intermunicipal Subdivision and Development Appeal Board and to authorize the Village of Donalda entering into an agreement with subdivision and development appeal board services.
## Regional Intermunicipal Subdivision and Development Appeal Board Bylaw
## Bylaw #713
## Village of Donalda
14) The Administrative Committee's functions, powers and duties are as follows:
13) The Administrative Committee is hereby delegated the authorization and power to appoint Board Members in accordance with this Bylaw.
Administrative Committee.
12) The Administrator or his/her designate shall be a non-voting member of the
11) The Administrative Committee shall consist of all the Participating Municipalities' Chief Administrative Officers or their respective designates.
10) The Administrative Committee is hereby established.
## Administrative Committee
by the Development Authority in accordance with the Act.
9) The Regional or Deal per and deride apore pale orde a loaded or one
8) The Regional Board shall hear and decide upon appeals made with respect to a decision made by the Subdivision Authority and the failure or refusal to make a decision by the Subdivision Authority in accordance with the Act.
## Powers and Duties of Board
Municipality be appointed from each Participating Municipality.
7) It is preferred, but not required, that one Member who is a resident of the Participating
6) The Regional Board shall be composed of a minimum of five (5) Board Members and a maximum of twelve (12) Board Members.
Development Appeal Board for the Municipality in accordance with the Act.
5) The Regional Intermunicipal Subdivision and Development Appeal Board is hereby established and authorized to exercise the functions of the Subdivision and
4) The Municipality is hereby authorized to enter into the Agreement with the Participating Municipalities to establish the Regional Intermunicipal Subdivision and Development Appeal Board for the purpose of exercising the functions of the Subdivision and Development Appeal Board in accordance with the Act and for the provision of Regional Intermunicipal Subdivision and Development Appeal Board services by Parkland Community Planning Services.
## Establishment of the Regional Board and Composition
"Subdivision and Development Appeal Board" has the same meaning as in the Act.
"Subdivision Authority" has the same meaning as in the Act; and
"Resident" means an individual who lives in a Participating Municipality on a daily and permanent basis and whose primary residence is located within a Participating Municipality;
"Regional Board" means the Regional Intermunicipal Subdivision and Development Appeal Board established pursuant to the Agreement and this Bylaw;
meeting:
"Presiding Officer" means that Board Member who is chairing a Regional Board or Panel Agreement;
"Participating Municipality(ies)" means the municipalities which are parties to the Members;
"Panel" means a panel of the Regional Board consisting of either three (3) or five (5) Board
"Municipality" means the municipal corporation of the Village of Donalda together with its jurisdictional boundaries, as the context requires;
25) The Administrative Committee may remove a Board Member at any time if:
24) A Board Member may resign from the Regional Board at any time by providing written notice to the Administrator to that effect.
his/her term.
23) The Administrative Committee may re-appoint a Board Member at the expiration of expiration of terms amongst the Board Members.
22) All Board Members shall be appointed for a two (2) or three (3) year term, at the discretion of the Administrative Committee, for the purpose of establishing a staggered Terms of Board Member Appointment
21) At least 50% of the Board Members shall be Residents of a Participating Municipality c) any person who carries out Subdivision or Development Authority powers, duties or functions on behalf of any Participating Municipality.
b) a member of any Municipal Planning Commission, or a) an employee of any Participating Municipality,
19) A Board Member shall not include:
Board Members
18) Decisions of the Administrative Committee shall be determined by a simple majority vote of those Chief Administrative Officers or their designate present at the meeting.
17) Quorum tor a meeting of the Administrative Committee shall be five (5) Chief Administrative Officers or their respective designates together with the Administrator or his/her designate.
16) The Administrative Committee shall conduct its meetings in accordance with the Act
and may develop its own meeting procedure rules as it deems appropriate from time to
15) The Administrative Committee shall meet on at least an annual basis and as often as deemed necessary by the Administrative Committee or as may be reasonably requested by the Coordinator.
h) act as a liaison between Participating Municipalities and the Coordinator.
Committee in accordance with this Bylaw; and
g) remove and replace Board Members as deemed necessary by the Administrative f) establish rates of remuneration and expenses for Board Members;
e) ensure Board Members are provided with adequate mentoring and training to effectively fulfil their role:
d) evaluate Board Member performance to identify areas where additional training may be required and prepare reports regarding performance and re-appointment of Board Members, as may be required;
and other Regional Board matters;
c) develop policies and procedures governing hearings, conduct of Board Members b) appoint Members to the Regional Board who meet the qualifications of a Board Member as specified in this Bylaw and as may be established by the Administrative Committee from time to time;
a) subject to this Bylaw, establish qualifications and expectations for Board Members;
b) give at least five (5) days written notice of a hearing of an appeal to:
a) not have a vote in any proceedings of the Regional Board;
the Regional Board in accordance with the Act and shall:
36) The Clerk of the Regional Board shall provide administrative and logistical support to Clerk of the Regional Board
34) The Administrator is hereby appointed into the position of Clerk to the Regional Board. 35) The Administrator is hereby authorized to appoint one or more Clerks of the Regional Board.
33) The position of Clerk of the Regional Board is hereby established to carry out the powers, duties and functions of a Designated Officer of the Municipality which shall be the powers, duties and functions of a Clerk prescribed by the Act.
b) vote on matters submitted to the Panel unless disqualified to do so; and a) preside over and be responsible for the conduct of the hearing;
32) In the absence of the Chair or Vice-Chair, the Board Members of every Panel hearing an appeal shall select a Presiding Officer from among themselves who shall:
Chair is assigned to hear the appeal.
b) serve as the Presiding Officer for a Panel hearing an appeal if the Chair or Vice- a) preside at meetings of the Regional Board; and
31) The Chair, and in his/her absence, the Vice-Chair, shall:
30) The Chair and Vice-Chair shall hold office for a period of two (2) years from the date of appointment.
29) At its organizational meeting held in any calendar year, the Regional Board shall appoint a Chair and Vice-Chair from amongst the Board Members.
## Appointment and Duties of Chair and Vice-Chair of the Regional Board
hearing.
the training as prescribed by the Act prior to participating in a Regional Board appeal
28) Upon being appointed as a Board Member, an individual must successfully complete
27) In the event that a vacancy occurs on the Regional Board with more than one (1) year left in the Board Member's term, the Administrative Committee shall appoint a replacement Board Member within six (6) months of the notice of the vacancy and the person so appointed to fill such vacancy shall hold office for the balance of the period that his/her predecessor would have held the position of Board Member.
26) Notwithstanding any vacancy in the membership of the Regional Board, the remaining Board Members may exercise and perform the powers and duties of the Regional Conflict of Interest, contrary to the provisions of this Bylaw.
c) a Board Member has participated in a matter in which that Board Member has a to which he/she has been assigned without reasonable cause, or b) a Board Member is absent for more than three (3) consecutive meetings of a Panel a) in the opinion of the Administrative Committee, a Board Member is not performing his/her duties in accordance with the Act, this Bylaw or the rules of natural justice,
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45) The hearings of the Regional Board shall be in public, but the Regional Board may at any time recess and deliberate and make its decisions in private.
c) an order issued by a Development Authority.
b) a Subdivision Authority or Development Authority's refusal or failure to make a decision within the time allowed for a decision established in the Act; or
- a) a decision of a Subdivision Authority or Development Authority;
appeal from:
44) Within thirty (30) days of receiving written notice of an appeal that is filed in accordance with the provisions of the Act, the Regional Board shall hold a public hearing to hear an
## Appeal Hearings
43) A decision of a Panel is the decision of the entire Regional Board.
41) It is preferred, but not required, that a Board Member appointed from a Participating Municipality sit on the Panel hearing an appeal involving that Participating Municipality. 42) A Panel shall not have more than one Board Member who is a councillor.
40) Board Members from one (1) municipality may not form the majority of any Panel hearing an appeal.
b) a Panel consisting of five (5) Board Members.
a) a Panel consisting of three (3) Board Members; or
39) Where a matter has been appealed to the Regional Board, the following Panels may be established at the discretion of the Administrator in consultation with the Chief Administrative Officer of the Participating Municipality in which the appeal was filed:
## Establishment of Board Panels for Individual Hearings
of appeal prescribed in the Act.
37) A party may appeal to the Regional Board in accordance with the Act.
## Filing an Appeal
h) undertake such other duties as the Regional Board may require.
g) be authorized to sign on behalf of the Regional Board any order, decision, approval, notice, or any other thing made, given or issued by the Regional Board; and f) obtain legal counsel to advise the Regional Board when required;
with the Act;
e) for each Regional Board appeal hearing, record and issue a decision of the
Regional Board and its findings, with reasons, to all affected parties in accordance d) prepare and maintain a file of written minutes of the business transacted at all meetings, including hearings, of the Regional Board;
c) notify Board Members of the meetings of the Regional Board, including hearings;
subdivision authority, the parties indicated in the Act;
ii) in the case of an appeal against a decision or a failure to make a decision by the i) in the case of an appeal against an order, decision or a failure to make a decision by a development authority, the parties indicated in the Act; and b) describe in general terms the nature of the Conflict of Interest.
a) declare that he/she has a Conflict of Interest; and
58) Where a Board Member is of the opinion that he/she may have a Conflict of Interest in respect of a matter before the Board, the Board Member shall absent him/herself from the Regional Board proceedings while that matter is being discussed. Prior to leaving the meeting, the Board Member shall:
## Conflict of Interest
c) the policies and procedures established by the Administrative Committee.
b) the principles of natural justice and procedural fairness; and a) the provisions of the Act and related Regulations;
57) The Regional Board shall conduct appeal hearings in accordance with:
## Rules of Order
56) In the event of a tie vote, the appeal shall be deemed to be denied.
55) The majority vote of those Board Members present and voting constitutes the decision of the Panel and Regional Board.
vote on the appeal, provided those Board Members voting form a quorum.
54) Only those Board Members present at the entire hearing of an appeal shall be able to
53) Where a Board Member of a Panel hearing an appeal absents or declares a Conflict of Interest, the Clerk may appoint a replacement Board Member to the Panel.
52) All Board Members must vote on all matters before the Regional Board unless a Board Member declares a Conflict of Interest.
Board Members.
b. three (3) Board Members for a panel of the Regional Board consisting of five (5)
51) A quorum of the Regional Board shall be as follows: a. two (2) Board Members for a panel of the Regional Board consisting of three (3) Board Members; and
## Quorum and Voting at Hearings
requirements.
50) Audio and/or video recordings of hearings may be made by the Clerk. No other recordings of appeal hearings shall be permitted. Recordings of appeal hearings, if made, shall be retained for at least six (6) months following the adjournment of the hearing and after that time may be destroyed subject to legal and/or legislative
49) Upon conclusion of a hearing, the Regional Board shall deliberate and reach its
decision in private and in doing so shall determine an appeal in accordance with the provisions of the Act.
48) The Regional Board may adjourn an appeal hearing to a specific time and date upon its own volition to request technical information, legal opinions, or other information desired by the Regional Board.
47) A request for adjournment of a hearing may be granted at the discretion of the Regional Board, but any adjournment must be to a specific time and date.
46) The Regional Board shall hear all those persons from whom it is required to hear by the applicable provisions of the Act.
Signed and passed this 20 day of NavemBeR 2018
Read a third time this 20 day of NovEMBER 2018
Read a second time this 20 day of NovemBER 2018.
Read a first time this 20 day of NumBeR 2018.
69) This Bylaw shall come into force and effect on January 1, 2019 or when it has received third reading and has been duly signed whichever date occurs last.
68) Bylaw #597 is hereby repealed.
Transition and Effective Date
67) Every provision of this Bylaw is independent of all other provisions and if any provision of this Bylaw is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable.
## Severability
or a corporation or a partnership.
66) All references in this Bylaw shall be read with such changes in number and gender as
may be appropriate according to whether the reference is to a male or a female person, Number and Gender References
65) If a Subdivision Authority fails or refuses to endorse a plan of subdivision or other instrument as approved by the Regional Board on appeal, the Presiding Officer of the Panel that heard the appeal, or in his/her absence any other Board Member of the Panel that heard the appeal is authorized to endorse the subdivision instrument.
Subdivision Endorsement
64) The Clerk shall maintain a record of the appeal hearing in accordance with the Act.
63) A decision of the Regional Board is not final until notification of the decision is issued in writing.
62) The Regional Board shall issue its decision in writing, together with reasons for the decision, within fifteen (15) days of the conclusion of a hearing.
b) arrange for the order or decision of the Regional Board to be signed and distributed in accordance with the requirements of the Act.
a) under the direction of the Presiding Officer, prepare the decision or order of the
Regional Board and the reasons for the decision in compliance with the Act; and
61) After the conclusion of an appeal hearing, the Clerk shall:
Notice of Decisions and Record of Hearing Member's absence and reasons for it.
60) The Clerk shall cause a record to be made in the hearing minutes of the Board
59) All Board Members are bound to adhere to and comply with the Pecuniary Interest provisions of the Act.
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