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Bylaw 34-2022
Page 1
BYLAW 34-2022
CLEAN ENERGY IMPROVEMENT PROGRAM BYLAW
Section 3(a.1) of the Municipal Government Act states that one of the purposes of a
municipality is to foster the well-being of the environment;
The Clean Energy Improvement Program is a financing program to assist owners in
upgrading their properties with clean energy improvements, which is then repaid through
taxes on the upgraded property;
Council believes there is value in participating in the Clean Energy Improvement Program, in
order to assist owners with the purchase, construction, and installation of clean energy
improvements;
Therefore Council enacts:
PART I - DEFINITIONS AND INTERPRETATION
Definitions
1
In this bylaw:
(a) "Chief Commissioner" means the chief administrative officer
of the County, or delegate;
(b) "clean energy improvement" has the same meaning as in Part
10, Division 6.1, of the Municipal Government Act;
(c) "clean energy improvement program" means the program,
described in Part 10, Division 6.1, of the Municipal
Government Act, to encourage property owners to install
clean energy improvements to properties;
(d) "clean energy improvement tax" means a tax imposed by the
County pursuant to a program agreement;
(e) "County" means the municipal corporation of Strathcona
County, a specialized municipality established under the
authority of the Municipal Government Act, RSA 2000, c M-26
and Order in Council 761/95;
(f) "Land Use Bylaw" means the County's Land Use Bylaw, Bylaw
6-2015;
(g) "Municipal Government Act" means the Municipal
Government Act, RSA 2000, c M-26;
(h) "program administrator" has the same meaning as in the
Regulation;
(i) "program agreement" means an agreement between the
County and a property owner, as described in the Municipal
Government Act, where the property owner agrees to pay the
costs associated with a clean energy improvement through
municipal taxes;
Bylaw 34-2022
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(j) "property owner" means a person that is the owner of an
estate in fee simple pursuant to the Land Titles Act, RSA
2000, c L-4; and
(k) "Regulation" means the Clean Energy Improvements
Regulation, Alta Reg 212/2018.
Interpretation
2
The following rules apply to interpretation of this bylaw:
(a) headings, titles, and margin notes in this bylaw are for ease
of reference only;
(b) gender-specific words, phrases, and references are intended
to include all genders, and the singular includes the plural as
the context requires;
(c) every provision of this bylaw is independent of all other
provisions and if any provision of this bylaw is declared
invalid by a Court, all other provisions of this bylaw remain
valid and enforceable; and
(d) references to bylaws and enactments in this bylaw include
amendments and replacement bylaws and enactments, and
regulations and orders thereunder.
PART II - CLEAN ENERGY IMPROVEMENT PROGRAM
Clean Energy
Improvement
Program
3
The County will establish a clean energy improvement program.
Purpose
4
The purpose of this bylaw is to:
(a) encourage property owners in the County to upgrade
properties with clean energy improvements;
(b) assist property owners with paying for clean energy
improvements by assisting with financing, and adding the
repayments to the tax roll in respect of the improved
property;
(c) authorize the collection of a clean energy improvement tax in
respect of properties where a clean energy improvement has
been made; and
(d) raise revenue to pay the amount required to recover the
costs of clean energy improvements.
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PART III - APPROVED PROPERTIES
Eligible Properties
5
(1) The following types of properties are eligible to participate in
the clean energy improvement program:
(a) a property that is low-rise residential, including detached
and semi-detached homes, row houses, town houses, and
multi-unit residential buildings having four stories or
fewer, and that is being used for residential purposes.
(2) A property where the main structure has been constructed
within the last year is not eligible to participate in the clean
energy improvement program.
Eligible
Improvements
6
The improvements that are eligible for participation in the clean
energy improvement program must result in improved energy
efficiency or the production of renewable energy, and include:
(a) heating, ventilation, and air conditioning improvements;
(b) renewable energy, solar photovoltaic panels, and thermal
energy production improvements;
(c) lighting fixture and lighting control improvements;
(d) water and wastewater heat production and heat recovery
improvements;
(e) door, window, insulation, and air leak sealing and
improvements; and
(f) any other clean energy improvement that is agreed to in
writing between the County and the property owner.
PART IV - PROGRAM AGREEMENTS
Applying to the
Program
7
A property owner may apply to the program administrator for
clean energy improvement tax financing to install a clean energy
improvement.
8
If the program administrator recommends that an application for
a clean energy improvement be approved, the property owner
may apply to the Chief Commissioner to enter into a program
agreement with the County.
9
The Chief Commissioner is authorized to create the forms and
determine the process for applying to enter into a program
agreement.
10 The Chief Commissioner may not enter into a program
agreement if the application has not been approved by the
program administrator.
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Limitation of
Approvals
11 The Chief Commissioner shall not enter into a program
agreement when:
(a) in the past six years, the property owner has been in tax
arrears on the property, or any other property in the County;
(b) there is an existing program agreement in place for the
property;
(c) the costs under a proposed program agreement will cause
the County to exceed the amount of borrowing authorized
under this bylaw;
(d) the property or property owner are subject to a bankruptcy,
receivership, or foreclosure proceeding;
(e) there are outstanding development compliance orders or
safety code orders associated with the property; or
(f) the property owner does not otherwise meet any of the
requirements under this bylaw, the Municipal Government
Act, or the Regulation.
Chief Commissioner
Discretion
12 The Chief Commissioner has the discretion to refuse to enter into
a clean energy improvement agreement when:
(a) the property owner, or an entity related to the property
owner, has an interest in another property that is subject to a
bankruptcy, receivership, tax arrears, or foreclosure
proceeding;
(b) there appears to be limited equity in the property;
(c) the property is the subject of litigation;
(d) the property owner is involved in litigation with the County;
(e) there is a dispute with the property owner about whether the
property owner is abiding by the terms of any financial
assistance that the property owner has received from any
level of government;
(f) the clean energy improvement program would be better
served by approving a different program agreement on a
different property;
(g) the Chief Commissioner, in the Chief Commissioner's sole
discretion, feels that there is any reason to refuse to enter
into a clean energy improvement agreement; or
(h) the property owner has not owned the property for at least
six years and has owned another property which in the last
six years has gone into tax arrears.
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Chief Commissioner
Authorization
13 If a property owner applicant meets the criteria in this bylaw, the
Municipal Government Act, and the Regulation, the Chief
Commissioner is authorized to enter into a program agreement
with the property owner.
14 (1) The Chief Commissioner is authorized to enter into
agreements with the program administrator as required in the
Municipal Government Act and the Regulations.
(2) The program administrator is the Alberta Municipal Services
Corporation.
PART V - CLEAN ENERGY IMPROVEMENT TAXES
Authorization to
Apply Tax
15 (1) Where the County has entered into a program agreement
with a property owner, a clean energy improvement tax will be
charged based on the program agreement.
(2) The clean energy improvement tax may be imposed on a
property that is subject to a program agreement at any time
following the signing of the program agreement.
Duration of Tax
16 (1) A clean energy improvement tax will be charged over the
period of time set out in the program agreement.
(2) The period of time must not exceed the estimated useful
lifetime of the clean energy improvement.
Approved Charges
for Tax
17 The clean energy improvement tax will include the following, as
set out in the program agreement:
(a) the outstanding capital cost of undertaking the clean energy
improvements;
(b) the cost of professional services needed for the clean energy
improvements, as set out in the Regulation;
(c) the permitted administration fee, as set out in the
Regulation;
(d) the cost of financing the clean energy improvements; and
(e) any other incidental costs associated with the clean energy
improvements and raising the revenue to pay for them.
PART VI - BORROWING
Authorization to
Borrow Money
18 For the purposes of the clean energy improvement program the
County may borrow money, from a Canadian bank or other
similar Canadian financial institution or from any other available
borrowing sources, to meet the financial needs of the clean
energy improvement program.
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19 (1) The maximum amount of money that may be borrowed
under this bylaw must not exceed six and a half million dollars
($6,500,000.00) Canadian, exclusive of interest, at any time.
(2) The County may borrow in one lump sum, or in one or more
smaller sums, so long as the principal limit is not exceeded at
any one time.
Maximum Interest
Rate
20 The maximum interest rate must not exceed the prime lending
rate of the bank or financial institution that the County uses for
the borrowing, but in any case must not exceed nine percent
(9%) per annum.
Term of Borrowing
21 All sums borrowed under this bylaw, including principal and
interest, must be repaid over a period not to exceed twenty-five
years.
Source of
Repayment Funds
22 The County will repay the borrowed sums, including principal and
interest, from revenue generated from the clean energy
improvement tax.
FIRST READING: July 5, 2022
SECOND READING: July 5, 2022
THIRD READING: July 5, 2022
SIGNED THIS 5th day of July, 2022
Rod Frank
______________________________
MAYOR
Mavis Nathoo
______________________________
DIRECTOR, LEGISLATIVE AND LEGAL
SERVICES