City Transportation Act

Link to law: http://www.qp.alberta.ca/1266.cfm?page=c14.cfm&leg_type=Acts&isbncln=9780779783854&display=html
Published: 2014-12-17

CITY TRANSPORTATION ACT CITY TRANSPORTATION ACT
Chapter C‑14
Table of Contents
                1      Definitions
Part 1 Establishment of Transportation Systems
                2      Responsibility for costs
                3      Transportation study report
                4      Transportation system bylaws
                5      Representations
                6      Approval of transportation facility
                7      Title to transportation facilities
                8      Extra‑territorial development
Part 2 Protection and Acquisition of Land
                9      Development defined
              10      Transportation protection area
              11      Filing of plans
              12      Preparation of plans
              13      Abandonment
              14      Development control bylaws
              15      Permits
              16      Application for permit
              17      Protection Area Appeal Board
              18      Appeal
              19      Notice of sale
              20      Acquisition of land
              21      Determining compensation
              22      Temporary use of acquired land Part 3 Control of Access, Parking and Adjacent Development
              23      Controlled streets
              24      Rights limited
              25      Bylaws
              26      Access
              27      Compensation for closing access
              28      Notices re access and things
              29      Compensation
              30      Failure to comply with notice
              31      Offence and penalty
Part 4 General
              32      Agreements
              33      Regulations
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Definitions
1   In this Act,
                           (a)    “highway” means land used or surveyed for use as a public highway and includes a bridge forming part of the highway and any structure incidental to the public highway or bridge;
                           (b)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;
                           (c)    “owner” means
                                  (i)    a person registered in a land titles office as the owner of an estate in fee simple or a life estate in land,
                                (ii)    a purchaser of land whose interest as purchaser is recorded in the certificate of title for that land, or
                               (iii)    a tenant or any person who is in possession or occupation of land, and whose interest as tenant is recorded on the certificate of title for that land;
                           (d)    “permit” means a permit issued under this Act;
                           (e)    “rapid transit” means a public transportation system running on rails or other tracked systems and operating on an exclusive right of way, but does not include privately‑owned railways or railways directly responsible to federal, provincial or territorial governments;
                            (f)    “street” means a highway subject to the direction, control and management of a city;
                           (g)    “transportation facility” means everything necessary for the efficient transportation of persons and goods in a particular manner;
                           (h)    “transportation protection area” means land designated by the council of a city as a transportation protection area;
                            (i)    “transportation system” means a system of transportation facilities including streets, highways, rapid transit and all types of transportation facilities to which this Act applies on, above and below the ground.
RSA 1980 cC‑10 s1
Part 1 Establishment of Transportation Systems
Responsibility for costs
2   Each city is responsible for the costs of establishing and maintaining all transportation facilities subject to its direction, control and management but may qualify for financial assistance from the Government by complying with this Act.
RSA 1980 cC‑10 s2
Transportation study report
3   The city shall prepare a comprehensive transportation study report for the development of an integrated transportation system designed to service the needs of the entire city.
RSA 1980 cC‑10 s3
Transportation system bylaws
4(1)  The city council shall by bylaw establish a transportation system in accordance with the transportation study report and the bylaw shall designate the transportation system.
(2)  The bylaw shall include a map showing the approximate location of the transportation facilities and any other items required by the regulations.
(3)  The council shall hold a public hearing on every proposed bylaw that establishes a transportation system or amends an existing transportation system bylaw.
(4)  The public hearing must be advertised in accordance with the requirements for advertising in the Municipal Government Act.
(5)  The council, after considering the representations made to it at the public hearing concerning the proposed bylaw, may
                           (a)    pass the proposed bylaw,
                           (b)    make the amendments that it considers necessary to the proposed bylaw and pass the proposed bylaw as amended, or
                           (c)    defeat the proposed bylaw.
(6)  The city council shall submit the bylaw to the Minister for approval by the Lieutenant Governor in Council and the Lieutenant Governor in Council may vary or approve the bylaw in whole or in part and if the bylaw is varied or approved in part only, it shall be enforced and take effect as approved.
(7)  It is not necessary for the council to pass a further bylaw amending the bylaw submitted pursuant to subsection (6) to conform with the bylaw as approved by the Lieutenant Governor in Council but it is deemed to be amended as approved.
(8)  Subject to the approval of the Lieutenant Governor in Council, the city may amend the bylaw from time to time by the addition or deletion of transportation facilities or in any other manner.
RSA 1980 cC‑10 s4;1986 c25 s1;1994 cM‑26.1 s642(7)
Representations
5   In considering the proposed bylaw, the city council shall hear and consider the representations, presented either personally or through an agent, of any interested party.
RSA 1980 cC‑10 s5
Approval of transportation facility
6(1)  When a city considers that a transportation facility included in the transportation system should be constructed it shall submit the proposal to the Minister.
(2)  If the proposal is approved by the Minister, the Minister may enter into an agreement with the city with respect to the sharing of costs of establishing the transportation facility.
(3)  Any contribution toward the cost of establishing a transportation facility under this section received by the city from any source other than the city’s sources shall be deducted from the cost for the purpose of the agreement.
RSA 1980 cC‑10 s6
Title to transportation facilities
7   The title to all transportation facilities forming the transportation system is, subject to any Act or agreement to the contrary, vested in the city.
RSA 1980 cC‑10 s7
Extra‑territorial development
8   If a part of the transportation system lies outside the boundaries of a city, the city may acquire the land pursuant to the Municipal Government Act, and the Minister shall deal exclusively with the city with respect to development of the system within that area.
RSA 1980 cC‑10 s8
Part 2 Protection and Acquisition of Land
Development defined
9   In this Part, “development” means
                           (a)    the carrying out of any construction or excavation or other operations in, on, over or under land, or
                           (b)    the making of a change in the use or the intensity of use of land, buildings or premises.
RSA 1980 cC‑10 s9
Transportation protection area
10(1)  If a city intends to acquire any area of land for a transportation system, either immediately or over a period of time as it becomes available or is needed, the city may by bylaw declare that area of land to be a transportation protection area.
(2)  The city council may by bylaw declare any street or land subject to its direction, management and control to be a transportation protection area.
(3)  The council shall publish notice of the proposed bylaw establishing a transportation protection area or an amendment to it at least once a week for 2 consecutive weeks in one or more newspapers having general circulation within the city, the last of the publications to be at least 14 days before the date fixed for the passing of the bylaw.
(4)  In considering the passage of the proposed bylaw, the council shall hear and consider the representations, presented either personally or through an agent, of any person who claims that the land in which the person is interested as owner, occupier or otherwise will be affected by the bylaw.
RSA 1980 cC‑10 s10
Filing of plans
11(1)  When a transportation protection area is designated pursuant to section 10, the city council shall file a copy of the bylaw and a plan of the transportation protection area with the Registrar of Land Titles.
(2)  The Registrar of Land Titles shall endorse on every certificate of title to land within a transportation protection area, a notice that the land is within a transportation protection area and that this Part applies in respect of that land.
(3)  The council shall give notice of the designation of a transportation protection area and of the provisions of this Part to all owners of land within the transportation protection area by registered mail to the last address shown on the certificate of title in the land titles office or on the tax rolls of the city, whichever appears more recent.
(4)  A copy of the bylaw and plan designating the transportation protection area shall be maintained at the city hall and made available at reasonable times for the inspection of all persons.
RSA 1980 cC‑10 s11
Preparation of plans
12   The plan of the transportation protection area shall be prepared by an Alberta land surveyor and if the land included in a transportation protection area
                           (a)    consists of a lot or parcel shown on a plan that is filed or registered under the Land Titles Act,
                           (b)    is the subject‑matter of one certificate of title, or
                           (c)    can be described sufficiently without the necessity of a plan of survey or any additional plan of survey,
the land need not be resurveyed.
RSA 1980 cC‑10 s12
Abandonment
13(1)  When a transportation protection area is by bylaw abandoned in whole or in part, the city council shall file a notice of abandonment with the Registrar of Land Titles.
(2)  The Registrar of Land Titles shall endorse on every certificate of title to land affected by the notice of abandonment, a memorandum that the notice under section 11 is withdrawn.
(3)  The council shall give notice of the abandonment to all owners of land affected by it by registered mail to the last address shown on the certificate of title in the land titles office or on the tax rolls of the city, whichever appears more recent.
RSA 1980 cC‑10 s13
Development control bylaws
14   The city may make bylaws
                           (a)    prohibiting any type of development within a transportation protection area;
                           (b)    allowing within a transportation protection area, under the authority of a permit, any type of development not inconsistent with the establishment of the transportation system and specifying any conditions or restrictions on the development;
                           (c)    providing for the appointment of a protection area officer, who must be an official of the city;
                           (d)    authorizing the protection area officer to receive, consider and decide on applications for permits;
                           (e)    providing for the establishment of a Protection Area Appeal Board, the majority of the members of which shall not be members of the city council or employees of the city.
RSA 1980 cC‑10 s14
Permits
15(1)  Notwithstanding any other Act, no person shall without a permit engage in any development within a transportation protection area.
(2)  The granting of a permit is a condition precedent to approval of an application under Part 17 of the Municipal Government Act and the approval is subject to the conditions and restrictions of the permit.
RSA 1980 cC‑10 s15;1995 c24 s100
Application for permit
16(1)  The protection area officer shall on consideration of an application for a permit and within 40 days
                           (a)    grant a permit for the development applied for,
                           (b)    grant a permit for the development subject to certain conditions and restrictions, or
                           (c)    refuse to grant a permit.
(2)  An application for a permit is deemed to be refused when a decision on it is not made within the 40‑day period.
RSA 1980 cC‑10 s16
Protection Area Appeal Board
17(1)  A person affected by a decision of a protection area officer may appeal to the Protection Area Appeal Board by serving notice by registered mail on the protection area officer and the chair of the Protection Area Appeal Board
                           (a)    within 14 days after notice of the decision is mailed to the person, or
                           (b)    within 14 days after the date the application is deemed refused.
(2)  The Protection Area Appeal Board
                           (a)    shall hold a hearing within 30 days from the receipt by it of the letter of appeal,
                           (b)    shall ensure that reasonable notice of the hearing is given to the appellant and all persons who in its opinion may be affected,
                           (c)    shall consider each appeal having due regard to the circumstances and merits of the case and to the purpose of the establishment of transportation protection areas, and
                           (d)    is bound in its deliberations by all relevant bylaws.
(3)  In the conduct of hearings a Protection Area Appeal Board is not bound by the technical rules of evidence, but
                           (a)    shall conduct the hearing in accordance with any rules that may be prescribed by the Board,
                           (b)    shall afford to every person concerned the opportunity to be heard, to submit evidence and to hear the evidence of others, and
                           (c)    shall make and keep a written record of its proceedings, which may be in the form of a summary of the evidence presented to it at hearings.
(4)  In determining an appeal, the Protection Area Appeal Board
                           (a)    may confirm, reverse or vary the decision appealed from as it considers proper and desirable in the circumstances, and
                           (b)    shall render its decision in writing to the appellant within 30 days from the date on which the hearing is held.
RSA 1980 cC‑10 s17
Appeal
18(1)  Subject to subsection (2), an appeal lies from a decision of the Protection Area Appeal Board to the Court of Appeal.
(2)  Permission to appeal shall be obtained from a judge of the Court of Appeal
                           (a)    on application made within 30 days after the making of the decision of the Protection Area Appeal Board, and
                           (b)    on notice to the proposed respondent and to the Protection Area Appeal Board.
(3)  On permission to appeal being obtained the party appealing shall, within 10 days after the appeal has been set down, give notice of the date to the respondent.
RSA 2000 cC‑14 s18;2014 c13 s17
Notice of sale
19(1)  The owner of property within a transportation protection area shall, at least 60 days before completing a sale of the property, serve notice of the proposed sale on the city clerk and the owner may complete the sale after the 60‑day period if the city has not
                           (a)    matched the offer to purchase, in which case the owner shall sell to the city, or
                           (b)    commenced expropriation proceedings.
(2)  If the owner of property within a transportation protection area completes the sale of the property without giving the city 60 days’ notice of the proposed sale, the sale is valid but the consideration paid for the property is not admissible as evidence of its value on behalf of the owner in proceedings by the city to obtain the property or in a claim for compensation for injurious affection.
(3)  When the city is negotiating the purchase of land in a transportation protection area and the owner indicates that in the event of a sale the owner wishes to retain possession of the land for the time being, the city shall negotiate with that owner in good faith and in preference to any other person for the leasing of the land to that owner when it is sold to the city.
(4)  If in the process of acquiring land in a transportation protection area it appears the city can acquire a larger area of land, a portion of which is in the transportation protection area, from any particular owner, or the whole of a lot or parcel of land, a portion of which is in the transportation protection area, at a more reasonable price or on more advantageous terms than those on which it could obtain the part immediately required for its purposes, the city may acquire the larger area.
RSA 1980 cC‑10 s19
Acquisition of land
20(1)  The city may acquire land within a transportation protection area as it is required or in advance of its being required.
(2)  Land within a transportation protection area may be acquired by the city
                           (a)    by purchase, when the owner of the land and the city agree as to the price,
                           (b)    by expropriation, when the owner of the land and the city cannot agree as to the price or when the owner of the land requests that the land be expropriated or consents to expropriation, or
                           (c)    by gift.
(3)  Land that has been within a transportation protection area for 3 years or longer must, on the request of the owner of the land, be acquired by the city either
                           (a)    by purchase, when the owner of the land and the city agree as to the price, or
                           (b)    by expropriation, when the owner of the land and the city cannot agree as to the price or when the owner of the land requests that the land be expropriated or consents to expropriation, in which case expropriation proceedings shall be commenced within 60 days after the request for expropriation or the consent to expropriation.
RSA 1980 cC‑10 s20
Determining compensation
21   In determining the compensation payable for acquisition of land, no account shall be taken of
                           (a)    any development carried out subsequent to the establishment of a transportation protection area that is not covered by a permit pursuant to section 16, or
                           (b)    any enhancement or depreciation in the value of the property that is attributable to its inclusion in a transportation protection area.
RSA 1980 cC‑10 s21
Temporary use of acquired land
22   Land acquired by the city may, subject to section 19(3), in the period before it is required for development
                           (a)    be rented, or
                           (b)    be used in any other way
by the city, but any use of the land must be in accordance with the ultimate requirement of the land for the most economical and efficient construction of the transportation system.
RSA 1980 cC‑10 s22
Part 3 Control of Access, Parking and Adjacent Development
Controlled streets
23   All highways included in the transportation system pursuant to section 4 are controlled streets.
RSA 1980 cC‑10 s23
Rights limited
24(1)  No person has
                           (a)    a right of direct access between a controlled street and any land adjacent to it, or
                           (b)    a right of easement, light, air or view to, from or over a controlled street.
(2)  Notwithstanding any other Act, no person is entitled as of right to compensation solely by reason of the designation of a street as a controlled street, or of land as a transportation protection area.
RSA 1980 cC‑10 s24
Bylaws
25   A city council may make bylaws
                           (a)    prescribing terms and conditions applicable to the granting of permits under this Part;
                           (b)    exempting any means of access to or from a controlled street from the requirements of a permit under this Part;
                           (c)    permitting parking on any controlled street or portion of any controlled street;
                           (d)    prohibiting, except under the authority of a permit,
                                  (i)    the placing, constructing, enlarging, extending, or erecting or re‑erecting of a building, structure, fixture, road, excavation or other development, whether on, above or below ground, including power, telecommunication and utility lines and gas and oil transmission lines if the lines are not city owned, and
                                (ii)    the display of machinery, motor vehicles or other articles, whether placed for storage or wreckage or for the purpose of advertising for sale
                                    within the distance from a controlled street prescribed by the bylaw.
RSA 1980 cC‑10 s25
Access
26(1)  Notwithstanding any other Act, a city may by bylaw at any time close
                           (a)    any street providing access to or from a controlled street, or
                           (b)    any means of access between a controlled street and land adjacent to a controlled street.
(2)  No person shall construct or maintain a means of access to or from a controlled street unless
                           (a)    a permit authorizes the construction or maintenance,
                           (b)    the bylaws exempt the construction and maintenance from the requirements of a permit, or
                           (c)    the means of access was in existence prior to the designation of a controlled street pursuant to the Public Highways Development Act or pursuant to this Act, and has not been subsequently closed by the city pursuant to the Public Highways Development Act or subsection (1).
(3)  No person shall enter on or leave a controlled street except by way of
                           (a)    a street connecting with a controlled street,
                           (b)    a means of access existing pursuant to a permit,
                           (c)    a means of access exempted under the bylaws from the requirements for a permit, or
                           (d)    a means of access in existence prior to the designation of a controlled street pursuant to the Public Highways Development Act or pursuant to this Act, and that has not been subsequently closed by the city pursuant to the Public Highways Development Act or subsection (1).
RSA 1980 cC‑10 s26
Compensation for closing access
27(1)  Subject to subsections (2) to (5), if a means of access was maintained in accordance with this Part and the bylaws and is subsequently closed pursuant to section 26, the city shall compensate each owner of the adjacent land for the loss resulting to that owner from the closing of the means of access.
(2)  The aggregate amount of compensation payable in an individual case shall not exceed the difference between
                           (a)    the appraised value of the adjacent land prior to the closing of the means of access, and
                           (b)    the appraised value of that land after the closing of the means of access
together with an amount of not more than 10% of the difference so determined.
(3)  When, prior to its closing, the means of access was maintained pursuant to a permit, the payment of compensation is subject to the terms of the permit.
(4)  When a direct means of access is closed and a service or frontage road or other reasonable means of access is provided, no compensation shall be paid under this section.
(5)  When a direct means of access is closed and a reasonable means of access is provided as under subsection (4), no compensation shall be paid for any resulting circuity of travel.
(6)  A claim for compensation under this section shall be made by filing the claim and particulars of it with the city clerk not later than one year from the date of closing of the means of access by the city and, if the city is not able to agree with the owner on the amount of compensation, the compensation shall be determined by the Alberta Utilities Commission as of the date of closing of the means of access.
RSA 2000 cC‑14 s27;2007 cA‑37.2 s82(2)
Notices re access and things
28   A city may by notice served by registered mail addressed to the address shown on the certificate of title in the land titles office or on the tax rolls of the city, whichever is more recent, require an owner of land to move, remove or alter
                           (a)    any means of access constructed or maintained on the land providing direct access to a controlled street, or
                           (b)    any thing placed, erected, enlarged, extended, re‑erected, constructed or displayed on the land within the distance from a controlled street prohibited in the bylaws made under section 25,
as specified in the notice and within the time prescribed in the notice.
RSA 1980 cC‑10 s28
Compensation
29(1)  An owner who complies with a notice given under section 28 is entitled to compensation from the city for the owner’s reasonable expense in moving, removing or altering any thing as required by the notice unless it is or was
                           (a)    constructed or maintained in contravention of section 26, or
                           (b)    placed, erected, enlarged, extended, re‑erected, constructed or displayed in contravention of the bylaw under section 25.
(2)  A claim for compensation under this section shall be made by filing the claim and particulars of it with the city clerk not later than one year from the date of service of the notice and, if the city is not able to agree with the owner on the amount of compensation, the compensation shall then be determined by the Alberta Utilities Commission.
RSA 2000 cC‑14 s29;2007 cA‑37.2 s82(2)
Failure to comply with notice
30(1)  When notice has been served pursuant to section 28 and the owner fails to comply with the notice within the time specified in the notice, or an extension of that time, the city may direct any person to enter on the land and do or cause to be done any acts that were required to be done by the notice.
(2)  The city may charge the costs of the work done pursuant to subsection (1) against the owner of the land and recover the costs as a debt due to the city or charge the costs against the land concerned as taxes due and owing in respect of that land and recover the costs as taxes.
RSA 1980 cC‑10 s30
Offence and penalty
31(1)  A person who fails to comply with the notice given to the person under section 28 is guilty of an offence.
(2)  On conviction for an offence, the convicting judge shall, in addition to the penalty imposed, order the person convicted to move, remove, or alter within a period specified in the order, the thing in respect of which the person is convicted.
(3)  A person who fails to comply with an order made against the person under subsection (2) is guilty of a further offence and liable to a fine of not more than $25 for each day during which the breach of the order continues.
RSA 1980 cC‑10 s31
Part 4 General
Agreements
32(1)  Subject to the approval of the Lieutenant Governor in Council, the Minister and a city may enter into an agreement
                           (a)    providing for any matter in respect of which the council may make bylaws pursuant to sections 14, 25 and 26, and
                           (b)    providing that any bylaws made under sections 14, 25 and 26 shall as of a specified effective date be in accordance with the agreement.
(2)  When an agreement provides for any matter referred to in subsection (1)(b), a bylaw that is on or after the specified effective date not in accordance with the agreement is inoperative with respect to the terms of the section or sections concerned.
(3)  If the city does or omits to do anything in breach of an agreement providing for any of the matters referred to in subsection (1) or purports to do any act under a bylaw that is inoperative by virtue of subsection (2), the Court of Queen’s Bench on the application by the Crown may grant an order to restrain the city from doing any act in breach of the agreement or to compel the doing of any act that will remedy its breach of the agreement or its unlawful act, as the case may be.
RSA 1980 cC‑10 s32
Regulations
33(1)  The Minister may make regulations to carry out the provisions of this Act according to their intent to meet cases that arise and for which no provision is made by this Act.
(2)  Without restricting the generality of subsection (1), the Minister may make regulations
                           (a)    prescribing the terms of reference for preparation of transportation study reports pursuant to section 3;
                           (b)    prescribing the form of the bylaw establishing the transportation system pursuant to section 4;
                           (c)    prescribing the approvals by the Minister required for the various stages of development of designs, plans and specifications as they are developed for the transportation system;
                           (d)    prescribing the procedure for awarding contracts for the construction of transportation facilities;
                           (e)    prescribing the formula for determining the portion of the costs of construction of transportation facilities to be borne by the Government;
                            (f)    prescribing the expenditures chargeable to the establishment of a transportation facility.
RSA 1980 cC‑10 s33;1984 c55 s10
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