Municipal

MLT Aikins has extensive experience representing numerous municipalities in Western Canada (including cities, towns and rural municipalities) in a general counsel capacity, advising Councils, administration, committees and boards. Our experience covers the range of legal issues a municipality may expect to face on a daily basis including planning, development, enforcement and employment matters as well as longer term initiatives such as bylaw and policy review and development, and extraordinary circumstances such as planning for and financing major construction projects or dealing with disputes arising from occurrences such as a contaminated water supply. We have extensive experience on governance issues facing municipal governments and regulatory bodies including various Crown Corporations, government agencies and health districts, social and seniors housing management boards together with a number of First Nations and their associated legal entities.

Helping Western Canada’s Municipalities Grow

Our experience includes reviewing and drafting municipal bylaws and policies, interpreting legislation, reviewing and drafting contracts. We also provide advice on issues involving:

• Governance matters
• Jurisdictional challenges
• Annexations
• Inter-municipal disputes
• Expropriations
• Inter-municipal agreements including cost sharing, servicing, mutual aid, fire service and others.

Our municipal team regularly develops materials for presentations to municipal councils and professional and industry groups on topics such as municipal and corporate governance, construction and procurement issues, tax recovery, off-site levies and other infrastructure cost recovery options, information and privacy, as well as planning and development matters.

General Representative Work

• Counsel for municipalities, advising on the following:
  • Planning and development;
  • Review and development of both policy and bylaws;
  • Procurement of infrastructure projects and deal structures;
  • Brownfield management and remediation;
  • Reporting, containment and remediation of environmental spills;
  • Permits respecting water approvals and associated agreements;
  • Water and sewer infrastructure replacement and flood mitigation projects;
  • The development of a bundled, multi-purpose sports and entertainment facilities; and
  • Planning for and financing construction and infrastructure projects, expropriations and annexations.
• Conducting appeals before the municipal board, the municipal government board and various environmental boards and tribunals.
• Representing municipal governments in resolving disputes with other municipalities.
• Negotiating and drafting servicing agreements, contract zoning, development agreements, road maintenance agreements; including agreements involving hundred-million dollar projects.
• Serving as counsel with respect to P3 transactions, including schools, hospitals, road projects and bridge redevelopments.
• Assisting public utilities with construction of power generation projects, subdivision and other issues relating to water utilities.
• Serving as counsel to municipalities regarding water/wastewater service agreements.
• Providing training to municipalities regarding procurement strategies, project execution and human resources, labour, employment and privacy matters.
• Serving as counsel to school boards and colleges in the development of school projects, joint use multi-purpose facilities and student housing.
• Making applications for and ensuring compliance with environmental licences and approvals for water and wastewater systems, and provision and maintenance of safe drinking water.
• Serving as counsel in relation to flood remediation claims, including negotiations with provincial authorities regarding emergency funding.
• Serving as counsel in relation to the development of an industrial park.
• Prosecuting and defending lawsuits on behalf of municipalities with respect to governance claims, quashing resolutions and bylaws, judicial reviews, commercial/contract lawsuits and construction lawsuits.

Specific Representative Work

• Olive v Administrator of the Rural Municipality of Keys No. 303, 2020 SKQB 146, successfully represented the administrator in response to an application seeking an order of mandamus to compel the municipality to report on the sufficiency of a petition and to act upon the petition and put it to a referendum.
• Wilson Olive and Friends of the Aquifer v Keys (Rural Municipality), 2020 SKCA 124, successfully quashed an appeal on the grounds of mootness in relation to a decision by the municipality to approve a development application.
• Schofield v. City of Saskatoon, QB No. 1074 of 2011, representing the City of Saskatoon in successfully resisting an attempt to certify a class action relating to a dispute over contributions to and benefits from a pension plan spanning a 42-year period.
• Town of Okotoks /M.D. of Foothills No. 31, 2013 ABCA 222, successfully maintained that a six-month limitation period applies to judicial challenges against municipal bylaws brought pursuant to Section 536 of the MGA (leave to appeal to the Supreme Court of Canada denied).
• MacKenas Estates Development Corporation v. City of Calgary and Rocky View County, 2012 ABCA 376, successfully defended an application to compel the County to connect lands to utility services.
• Craig v. Bighorn (Municipal District No.8), 2009 ABCA 119, successfully overturned the decision of the Alberta Court of Queen’s Bench directing Council to amend its Land Use Bylaw and issue a Development Permit.