Casual legal: "Standing" up to orders to remedy

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made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.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 Daina Young  

Reynolds Mirth Richards Farmer LLP 

Alberta Municipalities Casual Legal Service Provider  

Sections 545 and 546 of the Municipal Government Act (the “MGA”) give municipalities the authority to issue an “Order to Remedy” in certain circumstances. Section 545 of the MGA authorizes the issuance of an Order to Remedy to a person that is contravening the MGA or any other enactment the municipality is entitled to enforce including a municipal bylaw. Section 546 of the MGA authorizes the issuance of an Order to Remedy to the owner of a structure, land, or property where a structure, excavation or whole is dangerous to public safety or property is detrimental to the surrounding area because of its unsightly condition.  

A person who receives an Order to Remedy may request that Council review the order by following the procedure set out in the MGA. Council may, after reviewing the order, vary, substitute or cancel the order. Section 548 of the MGA provides that a person affected by the decision of council under Section 547 of the MGA (that is, a council decision regarding review of an Order to Remedy) may appeal council’s decision to the Court of King’s Bench if council did not follow the procedure set out in the MGA or the decision is patently unreasonable.  

The Court of King’s Bench recently had occasion to consider who can be considered a “person affected by the decision of council”. The matter before the Court related to an Order to Remedy issued by the municipality to a corporate landowner under Section 545 of the MGA. The occupant of the lands sought a review of the Order to Remedy which was heard and decided upon by a council committee. The occupant disagreed with the committee’s decision and appealed to the Court of King’s Bench under Section 547 of the MGA.  

The Court of King’s Bench considered whether the occupant of the lands had standing to appeal the committee’s decision, despite not having been the recipient of the order. The Court concluded that the occupant was affected by the committee’s decision because as an occupant of the land he would have contractual obligations to the owner which would effectively make him responsible for the cost of compliance with the order. The Court proceeded to deal with the occupant’s appeal on its merits, however, the occupant was not ultimately successful as he was unable to show that the decision was procedurally unfair or patently unreasonable.  

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.