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.