DEBT LIMIT AMENDMENT REGULATION
For information only: Made by the Minister of Municipal Affairs
(M.O. MSD:024/22) on April 19, 2022 pursuant to sections 271 and 602.32 of the
Municipal Government Act.
1 The Debt Limit Regulation (AR 255/2000) is amended by
this Regulation.
2 The following is added before section 1:
Part 1
Municipalities
3 Section 1 is repealed and the following is substituted:
Interpretation
1(1) In this Part, "calculation time" means the point in time referred
to in section 2.
(2) The definitions in section 1 and 241 of the Act apply to this Part.
4 The following is added after section 6.1:
Part 2
Regional Services Commissions
Interpretation
6.2(1) In this Part, "calculation time" means,
(a) when preparing the annual audited financial statements of the
regional services commission, December 31 of the
immediately preceding year, and
(b) when making a borrowing, the date the regional services
commission's board of directors passes a bylaw or resolution
to authorize the borrowing.
(2) The definitions in section 602.01(1) of the Act apply to this Part.
Debt limit
6.3(1) The debt limit at the calculation time of a regional services
commission that is authorized to provide public utility services is,
(a) in respect of the regional services commission's total debt, 2
times the revenue of the regional services commission, and
(b) in respect of the regional services commission's debt service,
0.35 times the revenue of the regional services commission in
respect of the debt service.
(2) The debt limit at the calculation time of a regional services
commission that is authorized to provide services other than public
utility services is,
(a) in respect of the regional services commission's total debt,
0.5 times the revenue of the regional services commission,
and
(b) in respect of the regional services commission's debt service,
0.1 times the revenue of the regional services commission in
respect of the debt service.
Revenue
6.4 For the purposes of section 6.3, the revenue of a regional services
commission is the total of all revenue reported in the most recent
audited financial statement of the commission, excluding transfers
from the governments of Alberta and Canada for the purposes of a
capital property reported in that statement if those transfers are
included in the total revenue, and before expenses are deducted.
Total debt
6.5 For the purposes of section 6.3, the total debt of a regional
services commission is the principal outstanding at the calculation time
on borrowings made by the commission less the amount of principal
that the commission is entitled to recover from another regional
services commission or a municipality at the calculation time.
Debt service
6.6(1) For the purposes of section 6.3, the debt service of the regional
services commission at the calculation time is the sum of,
(a) for borrowings made by the commission in which the
commission is required to pay principal during the 12 months
after the calculation time, the total amount of principal and
interest that the commission will be required to pay in respect
of those borrowings during the 12 months after the
calculation time, and
(b) for borrowings made by the commission in which the
commission is not required to pay any principal during the 12
months after the calculation time, the total of the pro rata
amounts in respect of those borrowings determined for the 12
months after the calculation time,
less the amount that the commission is entitled to recover from another
regional services commission or a municipality during the 12 months
after the calculation time.
(2) In subsection (1)(b), the pro rata amount for a borrowing at the
calculation time is determined by the formula
where
"PRA" is the pro rata amount for the borrowing;
"D" is the total amount of principal and interest that the
regional services commission will be required to pay
from the calculation time to the end of the amortization
period of the borrowing;
"E" is the number of months from the calculation time to the
end of the amortization period of the borrowing.
(3) For the purposes of determining D in the formula in subsection (2), if
the actual rate of interest under a borrowing is not known at the calculation
time for some or all of the payments under the borrowing, the rate of
interest for those payments is determined by using the rate of interest in
effect at the calculation time.
Prescribed debt limit
6.7 Notwithstanding anything in this Part, the Minister may, on
application by a regional services commission and on the regional
services commission providing to the Minister a business plan that is
acceptable to the Minister, prescribe a different debt limit for that
regional services commission.
Annual financial statement disclosure
6.8(1) Section 276 of the Act applies to each regional services
commission as if it were a municipality and as if the reference to
"council" in section 276(3) were a reference to "board".
(2) For the purposes of applying subsection (1), the reference in
section 276(1)(b) of the Act to a ministerial regulation is to be treated
as a reference to this Part.
Part 3
Repeal and
Expiry
5 The following is added after section 7:
Repeal
7.1 The Regional Services Commission Debt Limit Regulation
(AR 76/2000) is repealed.
6 Section 8 is amended by striking out "December 31, 2022"
and substituting "November 30, 2032".