For information only: Made by the Lieutenant Governor in Council (O.C. 151/2021) on May 27, 2021 pursuant to section 694(4)) of the Municipal Government Act. 1 The Off-site Levies Regulation (AR 187/2017) is amended by this Regulation. 2 Section 1 is repealed and the following is substituted: Definition 1 In this Regulation, "transportation infrastructure" means infrastructure referred to in section 648(2)(c.2) of the Act and any land required for or in connection with that infrastructure. 3 Section 2 is amended (a) by striking out "a levy" and substituting "an off-site levy"; (b) in clause (a) (i) by striking out "section section 648(2)(a) to (c.1)" and substituting "section 648(2)(a) to (c.1)"; (ii) by striking out "sections 3, 4 and 5" and substituting "section 648.2 of the Act and sections 3 and 5"; (c) in clause (a.1) by striking out "sections 3, 3.1, 4, 5 and 5.1" and substituting "section 648.2 of the Act and sections 3, 3.1, 5 and 5.1"; (d) in clause (b) by striking out "sections 3, 4, 5 and 6" and substituting "section 648.2 of the Act and sections 3, 5 and 6"; (e) in clause (c) by striking out "sections 3, 4, 5 and 7" and substituting "section 648.2 of the Act and sections 3, 5 and 7". 4 Section 3(2) to (8) are repealed and the following is substituted: (2) The municipality may, where necessary and practicable, coordinate infrastructure, transportation infrastructure and facilities provisions with neighbouring municipalities. (3) Notwithstanding anything to the contrary in this Regulation, the off-site levy is of no effect to the extent it directs the Government of Alberta to expend funds, to commit to funding transportation infrastructure or arrangements to undertake particular actions or to adopt particular policies or programs. (4) A municipality must not compel an applicant for a development permit or subdivision approval to fund the cost of the construction of infrastructure, transportation infrastructure or facilities to be funded by an off-site levy beyond the applicant's proportional benefit. 5 The heading before section 4 is repealed and the following is substituted: Off-site Levy Bylaws 6 Section 4 is repealed. 7 Section 5 is repealed and the following is substituted: Additional principles and criteria for determining off-site levy costs 5(1) In determining the basis on which an off-site levy is calculated, the municipality must, at a minimum, consider and include or reference the following in the bylaw imposing the off-site levy: (a) a description of the specific infrastructure, facilities and transportation infrastructure; (b) a description of each of the benefitting areas and how those areas were determined; (c) supporting studies, technical data and analysis; (d) estimated costs and mechanisms to address variations in cost over time. (2) There must be a correlation between the off-site levy and the benefits to new development. 8 Section 5.1 is amended (a) in subsection (1) (i) by striking out "a levy" and substituting "an off- site levy"; (ii) in clause (d)(iii)(B) by striking out "the levy" and substituting "the off-site levy"; (b) in subsection (2) (i) by striking out "sections 3, 3.1, 4 and 5" and substituting "section 648.2 of the Act and sections 3, 3.1 and 5"; (ii) by striking out "a levy" and substituting "an off- site levy"; (c) in subsection (4) by striking out "A levy" and substituting "An off-site levy". 9 Section 6 is amended (a) in subsection (1) (i) by striking out "a levy" and substituting "an off-site levy"; (ii) in clause (c)(ii) by striking out "levy" and substituting "off-site levy"; (b) in subsection (2) (i) by striking out "sections 3, 4 and 5" and substituting "section 648.2 of the Act and sections 3 and 5"; (ii) by striking out "a levy" and substituting "an off-site levy". 10 Section 7 is amended (a) in subsection (1) (i) by striking out "a levy" and substituting "an off-site levy"; (ii) by striking out "the levy" wherever it occurs and substituting "the off-site levy"; (b) in subsection (2) (i) by striking out "sections 3, 4 and 5" and substituting "section 648.2 of the Act and sections 3 and 5"; (ii) by striking out "levy" and substituting "off-site levy"; (c) in subsections (2.1) and (3) by striking out "levy" and substituting "off-site levy". 11 Sections 8 and 9 are repealed. 12 The heading before section 10 is repealed and the following is substituted: Off-site Levy Bylaw Appeals 13 Section 10 is amended (a) by renumbering it as section 10(1); (b) in subsection (1) (i) by striking out "a levy" and substituting "an off- site levy"; (ii) by striking out "section 648(2.1)" and substituting "section 648(2) and (2.1)"; (iii) by striking out "Municipal Government Board" and substituting "Land and Property Rights Tribunal"; (c) by adding the following after subsection (1): (2) Subsection (1) and sections 11 to 14 apply where the bylaw referred to in subsection (1) is made on or after the day this section comes into force. (3) Where a person is directly affected by a bylaw referred to in subsection (1) that was made before the day this section comes into force, sections 10 to 14 of this Regulation as it read immediately before the coming into force of this section apply to that person. 14 Section 11 is amended (a) by striking out "Municipal Government Board" and substituting "Land and Property Rights Tribunal"; (b) by striking out "30 days" and substituting "90 days"; (c) by striking out "levy" and substituting "off-site levy". 15 Section 12 is amended (a) in subsection (1) by adding "and" at the end of clause (c) and by repealing clauses (e), (f) and (g); (b) in subsection (2) by striking out "Municipal Government Board" and substituting "Land and Property Rights Tribunal". 16 Section 13 is amended by striking out "Municipal Government Board" and substituting "Land and Property Rights Tribunal". 17 Section 14 is amended (a) by repealing subsection (1) and substituting the following: No stay of off-site levy 14(1) The municipality may continue to impose and collect an off-site levy even if the bylaw imposing the off-site levy is subject to an appeal under section 10(1). (b) in subsection (2) (i) by striking out "levy" wherever it occurs and substituting "off-site levy"; (ii) by striking out "Municipal Government Board" and substituting "Land and Property Rights Tribunal"; (c) in subsection (3) (i) by striking out "levy" wherever it occurs and substituting "off-site levy"; (ii) by striking out "Municipal Government Board" and substituting "Land and Property Rights Tribunal". 18 Section 15 is amended by striking out "levy" and substituting "off-site levy". 19 Section 16 is amended by striking out "levy" wherever it occurs and substituting "off-site levy". 20 The following is added after section 17: Expiry 17.1 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2031. 21(1) Subject to subsection (2), this Regulation comes into force on June 1, 2021. (2) Sections 13(b)(iii), 14(a), 15(b), 16 and 17(b)(ii) and (c)(ii) come into force on June 2, 2021.