Bruderheim Bylaw FAQs

What is a Bylaw?

The "by" in Bylaw is an old Norse word that means "Town." A bylaw is simply a Town, or local, law.

Canadian municipalities don't have constitutional status of their own, so they can only pass laws authorized by other levels of government. Statutes like the Municipal Government Act and the Traffic Safety Act delegate authority for local bylaws. The "whereas" clause you see at the beginning of bylaws usually explains where the authority for the bylaw is coming from.

Some bylaws are mandatory. For example, every municipality in Alberta must pass a Land Use Bylaw. Some bylaws are required only if a municipality wants to carry out a certain type of activity. A Town doesn't have to require business licensing, for example, but if they do, they need a bylaw. Bylaws can also customize provincial statutes to allow for local enforcement or reduced fines in areas like traffic safety.

You may have heard of a bylaw receiving or passing 'readings'. All proposed bylaws must undergo three separate readings, or stages of consideration, before they can become law. This means that Town Council has three different opportunities to consider the pros and cons, and to vote, on a particular bylaw. This ensures that each bylaw is carefully considered before it is passed.

The first reading is similar to a test, to see if Council wishes to consider the issue at all. The second reading gives Council a chance to debate the issue and make amendments to the bylaw. The third reading is the final opportunity for debate and changes.

During each reading, Council members vote on whether or not to move the proposed bylaw to the next reading. If, by number of votes, the bylaw fails any of the readings, it dies. Alternatively, if a bylaw reaches the third reading and by majority of votes is carried, the bylaw is considered passed and adopted.

Does the public have opportunity for input?

In some cases, such as for proposed Land Use Bylaws, municipalities are required to hold a public hearing after the first reading has passed and before the second reading is considered. After the public hearing, Council will call for a second reading and debate the bylaw, propose changes, and ultimately vote on whether or not it should pass.

Sometimes Council may consider holding a public hearing or gain public input in other ways, even when it is not required by legislation. This typically happens after the second reading, after Council has had a chance to debate the issue and determine if they need more input before continuing.

How can people find out about Bylaws being considered?

The local newspaper advertises public hearings for a minimum of two weeks before the hearing. The Lamont Leader and the Fort Record often contain news about surveys and calls for public input. Bylaws under consideration and Council agendas are available at the Town Office. Contact Town Council for more information about providing your input, or contact the Director of Development and Legislative Services at the Town Office at 780-796-3731.

How are policies and procedures different from Bylaws?

Bylaws are the fundamental governing documents for the Town. They clearly state the rules and regulations for a number of issues and activities related to the municipality. Policies and procedures, on the other hand, dictate the day-to-day decisions and operations for Town staff and committee and board members. Policies answer the questions WHY? and WHAT? For example, why does the Subdivision and Development Appeal Board exist? Procedures answer the question HOW? by providing the steps for implementation to turn policies into action.

Policies and procedures can be considered 'living' or 'fluid' documents, as they can change quite often in response to new issues, circumstances, needs, or concepts. Bylaws are much more 'static', as they rarely change and require Council's approval to do so. All policies and procedures, as well as the committees and actions that result from them, must be consistent with the bylaws.