Edmonton Mayor Andrew Knack says he is considering a court challenge of the provincial government’s directive to repeal the city’s zoning bylaw. The order sets up council members to violate provincial legislation no matter what they decide on the issue, he says.
Last week, the province ordered Edmonton city council to repeal its zoning bylaw and revert to pre-2024 rules within three months.
Premier Danielle Smith said the city has 18 months to review its land-use bylaws, consult with the public and companies, and develop a “more balanced” approach to infill development.
Knack told reporters at city hall on Tuesday that he plans to discuss the legality of the directive at a special, public council meeting Friday and is working on a potential motion to seek a court ruling on it.
Under the Municipal Government Act, council members must enter public hearings with an open mind, he said. But if their vote contradicts the province’s directive — the exact wording of which council has not yet been given — they could be found to have violated the act.
“We need to make sure that the province actually understands that they’ve put us in essentially legal jeopardy here in that either way, every member of council will be in conflict of interest and unable to fulfil our duties,” he said.
Knack said city staff have asked for the directive in writing but were told on Friday that it could take three weeks.
Ward Sspomitapi Coun. Jo-Anne Wright said she doesn’t want to rush into any decisions without more details from the province.
“Until we hear what they want and how they want us to proceed, I’ll reserve judgment,” she told reporters on Tuesday.
CBC News asked the press secretary for Municipal Affairs Minister Dan Williams to comment on this story but had not received a response at the time of publication.
Alan Walia, who runs Synergy Capital Group in Edmonton and advises clients on financing infill developments, said he’s not taking sides in the debate but that the province’s directive has investors fearful and uncertain.
“People have invested all their savings into these upcoming projects that they’re allowed to do, and now the province has told the city that we are now going to make this disappear,” he said in an interview with CBC News on Tuesday.
“This rollback is going to tarnish people’s lives.”
Doug Griffiths, president and CEO of the Edmonton Chamber of Commerce, told CBC News in an interview that he has not heard of any major changes to development projects since the announcement, but he anticipates some.
“Businesses look for consistency, and to have the rules suddenly change — some of them maybe have made some strategic investments — it’s going to be a little disconcerting,” he said.
Walia said he is telling permit holders not to waste any time and to execute their projects as soon as possible.
Kalen Anderson, the CEO of BILD Edmonton Metro, which represents hundreds of companies working in the land development industry, said since the province’s decision has already been made, there’s no point contesting it.
“What we need to see from council is some leadership in terms of finding a very good and strong solution,” she said.