Developers in Alberta face the prospect of losing significant
bargaining power in determining off-site levies. The proposed
Off-Site Levies Regulation replaces a municipality's obligation
to negotiate levies in good faith with the much weaker obligation
to consult. The Off-Site Levies Regulation will also shift the
shared responsibility between the municipality and developers for
defining existing and future infrastructure requirements to being
the municipality's sole responsibility.
Negotiate vs Consult
In the parlance of public participation, "consult" means
the municipality will keep developers informed, acknowledge their
concerns, and provide feedback on how those concerns influenced the
municipality's decision. However, the municipality is under no
obligation to work with developers to incorporate their concerns
into the determination of off-site levies. The Off-Site Levies
Regulation (the "New Reg") incorporates a new section
entitled "Consultation" that
