Casual legal: Clause for celebration

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. 

By Ben Throndson 

Reynolds Mirth Richards Farmer LLP 

Alberta Municipalities Casual Legal Service Provider  

Bylaws are one of the most important tools in the municipal toolkit. Well-drafted bylaws help councils to regulate local matters and maintain safe and viable communities. This article reviews several best practices for drafting useful and effective bylaws. 

• Confirm the bylaw is within municipal jurisdiction: Although sections 3 and 7 of the Municipal Government Act (MGA) provide municipal councils broad authority to pass bylaws, this jurisdiction is not unlimited. Before drafting a new bylaw, municipal staff should confirm that the municipality has the legal authority to pass the contemplated bylaw under the MGA or other provincial legislation. Legal review may be required. 
   
• Use Plain English (Usually): A bylaw that is easy to understand is more likely to be followed and is easier to apply. Residents and municipal staff administering the bylaw should be able to understand and apply the bylaw without having to consult a lawyer. Poorly-drafted bylaws riddled with unnecessarily complicated language and legal jargon create confusion and increase enforcement challenges. There will be times when technical language is required but this does not mean that every bylaw needs to be complex. 
   
• Use Definitions (And Stick to Them): Bylaws should contain a “Definitions” section near the beginning of the document, where distinct concepts are given specific definitions. Once terms are defined, the drafter should always use the same word to refer to the same concept throughout the rest of the bylaw. Defined terms should be capitalized whenever used in the bylaw, so the reader knows that the same concept is being referred to. 

• Be Precise: When a bylaw is prohibiting a specific course of conduct the bylaw should be specific in setting out exactly what scope of conduct is prohibited. Otherwise, residents will not know what actions they are not allowed to take, undermining the very purpose of the bylaw. Imprecise language can also result in difficulties with enforcing the bylaw and prosecuting offences. For example, if a Community Standards Bylaw is prohibiting yards from being longer than a certain length, the length should be clearly identified rather than including a subjective standard like “unreasonably long”. 

Well-drafted bylaws promote effective governance. This goal is best achieved when bylaws are clear, specific, and succinct.  

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.