Offsite Levy Bylaw Ruling Highlights the Need for Transparency and Constructive Engagement
The recent ruling by the Alberta Land and Property Rights Tribunal (LPRT) regarding the Town of Canmore’s Offsite Levy (OSL) Bylaw is a significant outcome for our community. While the decision is technical in nature, it highlights broader issues around transparency, accountability, and the importance of meaningful consultation in municipal planning.
What Is an Offsite Levy?
Offsite levies are charges collected from developers to help pay for infrastructure that supports new growth, such as water, wastewater, and transportation systems. These levies must be calculated and applied in accordance with provincial legislation, and must be based on clear, disclosed data that demonstrates a fair allocation of costs between existing residents and new development. More background and information can be found here.
What the Tribunal Found
The Tribunal’s decision confirmed that several elements of the bylaw required revision. During the hearing process, the Town agreed to remove or revise projects that had previously been included without sufficient justification. The Tribunal directed that these changes be reflected in the repassage of the bylaw.
The ruling also provided important clarity on the expectations for municipal consultation. While municipalities are not required to reach agreement with stakeholders, they are expected to provide sufficient information on how levies are calculated and engage in a process that allows for meaningful input. This is a critical distinction that will shape future engagement.
Why This Matters
Offsite levies are a vital tool for funding growth-related infrastructure. When used appropriately, they ensure that development contributes fairly to the cost of new roads, utilities, and public facilities. However, when levies are based on incomplete or unclear assumptions, they can undermine trust, increase costs, and delay much-needed housing and investment.
The Tribunal’s ruling reinforces the importance of transparency in how levies are calculated and the need for bylaws to be supported by sound planning and engineering rationale. These are not just best practice, they are legal requirements designed to protect the public interest and ensure fairness for all stakeholders.
BOWDA’s Role and Response
BOWDA participated in the consultation process in good faith and raised concerns early and consistently. However, the process did not meet the standard of meaningful engagement. Key information was not made available in a timely or transparent manner, and our ability to provide constructive input was significantly constrained.
The appeal was not about opposing infrastructure investment, it was about ensuring that the process used to allocate costs was fair, defensible, and aligned with legislative requirements. The Tribunal’s decision affirms that this scrutiny was warranted.
We believe that future consultation must go beyond procedural checkboxes and reflect a genuine willingness to share information, listen to feeback, and adjust course when necessary.
A Shared Vision for Canmore
BOWDA members are proud to contribute to the future of Canmore through thoughtful development and community investment. We believe that responsible growth requires a planning framework that is transparent, fair, and grounded in sound data.
We also believe that this decision can be a constructive turning point. We are committed to working with the Town to improve the levy process and avoid the need for future appeals. That commitment includes a willingness to collaborate openly, respectfully, and with a shared focus on building a stronger, more resilient Canmore.
We look forward to continuing this important work together.
Questions?
We understand that you may have questions on how the tribunal decision and OSL bylaw update may impact your current and future projects. We ask that you exercise some patience while we work with the Town to provide answers to these questions. Kindly send BOWDA Executive Director Ali Piper an email (ceo@bowda.ca) with any questions you have and know that both the Town and BOWDA are committed to providing clarity as soon as possible.