Casual legal: Why bylaw time limits matter

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made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.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

Reynolds Mirth Richards Farmer LLP 

Alberta Municipalities Casual Legal Service Provider  

In the recent decision of Terrigno v Rocky View County, 2026 ABKB 244, the Court considered an applicant’s request to extend the maximum time allowable under the County’s land use bylaw to satisfy certain prior-to-release conditions attached to a development permit (spoiler alert: the application was dismissed). 

Facts: In September 2021, the County conditionally approved the applicant’s development permit application for a multi-tenant industrial office/warehouse building, subject to various prior-to-release conditions. The original deadline to satisfy these conditions expired on March 31, 2022, but the County granted the applicant multiple 12-month extensions, which ultimately extended the deadline to March 31, 2026. At that time, two conditions remained outstanding and the County refused to grant any further extensions, relying on its land use bylaw, which limits the number of extensions that may be granted for prior-to-release conditions. 

Decision: Justice Malik held that the Court does not have authority to unilaterally alter the maximum time limit explicitly established by the bylaw and that the County derives its authority over local land use issues from Part 17 of the MGA, putting this authority into practice through its bylaw. Further, disputes about development permit conditions properly fall within the jurisdiction of the Subdivision and Development Appeal Board (SDAB), which the applicant had not pursued. The applicant’s options were therefore to submit a new development permit application or to appeal the development authority’s refusal to consider the pre-release-conditions fulfilled to the SDAB. 

Practical takeaways for municipalities: 

• Clear bylaw time limits will be enforced. If the bylaw explicitly caps extensions, municipalities can rely on those limits. That said, strict internal compliance with such bylaw limits is important to avoid potential arguments of arbitrariness or unfairness. 
• Disputes about development permit conditions properly fall within the jurisdiction of the SDAB, not the Court. 

If you have any questions, please contact our municipal team for more information. 

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.