AGENDA of CYPRESS COUNTY COUNCIL Council Chambers Administration Building, Dunmore AB Tuesday, July 31, 2018 10:00 AM

AGENDA OF CYPRESS COUNTY COUNCIL Council Chambers Administration Building, Dunmore AB Tuesday, July 31, 2018 10:00 AM

Page

1. Call to Order

2. Agenda - Additions, Deletions & Approval

3. Minutes - July 3, 2018 a) Regular Meeting 3 - 17

4. Delegation 11:30 A.M. - Theresa Hardiker, EDA

5. Municipal Services a) Bylaw 2018/29 - Land Use Amendment (NE 16-11-4-W4) J Dowling 18 - 22

b) Bylaw 2018/30 - Municipal Development Plan J Dowling 23 - 27

c) Dunmore Equestrian Society Feasibility Study J Dowling 28 - 29

d) Director of Municipal Services Report J Dowling 30 - 33

6. Corporate Services a) Public Facing Crime Map J Belanger 34 - 35

b) Municipal Access Fee J Belanger 36 - 37

c) Bylaw 2018/21 - Community Aggregate Payment Levy J Belanger 38 - 41

d) Cemeteries within Cypress County J Belanger 42 - 89

e) Cancellation of Taxes J Belanger 90 - 91

f) Crane Replacement for Sign Truck J Belanger 92 - 93

g) Financial Report J Belanger 94 - 101

h) Director of Corporate Services Report J Belanger 102 - 103

7. Public Works a) Policy R5 Road Allowance Licensing C Richter 104 - 106

b) Policy R9 Undeveloped Road Maintenance C Richter 107 - 110

c) Twp Rd 162 Bid Price C Richter 111

d) Rge Rd 52A & Twp Rd 130 Paving Quote C Richter 112 - 115

e) Walsh Utility Charges - Relief C Richter 116 - 118

f) Director of Public Works Report C Richter 119 - 122

8. Chief Administrator's Office a) CAO Recruitment Schedule and Timing of Interviews P Tarnawsky 123 - 124

b) Intermunicipal Collaboration Frameworks (ICF) P Tarnawsky 125 - 152

c) CAO Report P Tarnawsky 153 - 159

9. New Business a) Delegation Request - Prairie Rose School Division R Oster 160 - 161

b) Policy R 22 Tree and Brush Control R Oster 162

c) Rge Rd 20 Maintenance E Mudie 163 - 164

10. Reeve and Councillor Reports a) Reeve / Councillors R Oster

11. Closed Session a) CAO Recruitment - FOIPPA Sec 23

b) Gravel Concerns - FOIPPA Sec 17, 19, & 24

c) Mutual Non-Disclosure Agreement FOIPPA Sec 21(1)

d) Direction to ICF Steering Committee - FOIPPA Sec 21(1)

12. Adjournment

Page 2 of 164

MINUTES Cypress County Council Meeting Administration Building, Dunmore Alberta July 3, 2018

COUNCIL PRESENT: Richard Oster, Reeve Dan Hamilton, Deputy Reeve Dustin Vossler, Councillor Darcy Geigle, Councillor Robin Kurpjuweit, Councillor Shane Hok, Councillor Ernest Mudie, Councillor Michelle McKenzie, Councillor Alf Belyea, Councillor

ADMINISTRATION PRESENT: Peter Tarnawsky, Interim Chief Administrative Officer John Belanger, Director of Corporate Services Curtis Richter, Director of Public Works Jeffrey Dowling, Acting Director of Municipal Services and Planning Supervisor LesleyAnn Collins, Executive Assistant

CALL TO ORDER: 10:01 A.M

AGENDA - ADDITIONS, DELETIONS & APPROVAL: Resolution No. 2018/366

Councillor Geigle moved to accept the agenda as presented.

Carried.

MINUTES: Resolution No. 2018/367

Councillor McKenzie moved to approve the minutes of the June 19th 2018, meeting as presented.

Carried.

Page 3 of 164 Council Minutes – July 3, 2018 Page 2

MUNICIPAL SERVICES:

Bylaw 2018/28 – Master Rates Amended Planning and Development Services is recommending that applicants provide a refundable deposit as a means of ensuring that the Private Sewage Disposal Permit is submitted to the County as a requirement of the development permit process for the Hamlet of Dunmore.

Resolution No. 2018/368

Councillor Hok moved 1st reading of Bylaw 2018/28.

Carried.

Resolution No. 2018/369

Councillor Vossler moved 2nd reading of Bylaw 2018/28.

Carried.

Resolution No. 2018/370

Councillor Mudie moved for unanimous consent for Bylaw 2018/28 to be read for 3rd reading.

Carried Unanimously.

Resolution No. 2018/371

Councillor Belyea moved 3rd reading of Bylaw 2018/28.

Carried.

Resolution to Foothills Little Bow Zone Meeting There have been two fatalities involving bicycle riders on local, hard surfaced roads in Cypress County, specifically on Twp Rd 120 on June 2-3, 2018 weekend. In 2015 Council deemed bicycle ridership on TWP 120 unsafe and directed staff to post signage to discourage bicycle ridership on Twp Rd 120 and to raise awareness by motor vehicle operators of the presence of bicycles on TWP 120.

Page 4 of 164 Council Minutes – July 3, 2018 Page 3

Resolution No. 2018/372

Councillor Geigle moved to approve the recommended resolution to Foothills Little Bow Municipal Association as presented.

Carried.

Use of County Roads By Confined Feeding Operations Approvals for confined feeding operations come under the authority of the Province’s Natural Resources Conservation Board (NRCB). Council expressed concerns of having to bere increased maintenance costs for local roads resulting from the increase in heavy traffic with confined feeding operations.

Resolution No. 2018/373

Councillor Vossler moved direct Administration to bring back amendments to Bylaw 2015/26 Cypress County Municipal Development Plan specifying that confined feeding operations are to be located where access to the site may be gained from gravel, new high-grade roads, and to draft a road use agreement bylaw for Council’s consideration.

Carried.

Purchase of City of Medicine Hat Water Tender The City of Medicine Hat is selling their water tender. Cypress County has previously often relied upon it. The City of Medicine Hat no longer requires the use of the tender due to their strategic placement of fire hydrants within the City.

Resolution No. 2018/374

Councillor Mudie direct Administration to offer the City of Medicine Hat $65,000 for their Water Tender with funds coming from the Vehicle and Equipment Fund.

Carried.

Page 5 of 164 Council Minutes – July 3, 2018 Page 4

Resolution No. 2018/375

Councillor Vossler move to direct Administration to bring back information for paying for Firefighter Class 3 license to drive the water tender.

Carried.

James Hargrave Memorial On October 17, 2017 Walsh firefighter James Hargrave died in the line of duty. Along with James’ family, friends and community, Cypress County as a whole, was devastated by the loss of James. It only seems fitting that James be remembered and honored for his ultimate sacrifice with a permanent memorial erected outside of the Walsh Fire Station.

Resolution No. 2018/376

Councillor Geigle moved to direct Administration to erect a memorial in honor of James Hargrave outside the Walsh Fire Station with the County’s contribution being a maximum of $10,000 with funds coming from General Reserve.

Carried.

Director of Municipal Services Report The Director of Municipal Services Report was presented.

Resolution No. 2018/377

Councillor Belyea moved to receive the Director of Municipal Services Report as presented.

Carried.

Page 6 of 164 Council Minutes – July 3, 2018 Page 5

CORPORATE SERVICES:

Municipal Asset Management Program Application On May 1, 2018, Council passes a motion to complete a facility assessment of the Irvine Ag Complex. After this motion, the County has received inquiries about assessments on the Schuler Skating Rink and the amalgamation of the Schuler Community Association with the Schuler Curling Club.

Resolution No. 2018/378

Councillor McKenzie moved to direct staff to apply for a grant opportunity from the Federation of Canadian Municipalities’ (FCM) Municipal Asset Management Program MAMP for Engineering Study of Major Recreational Facilities owned by the County. Be it therefore resolved that the County commits to conducting the following activities in its proposed project submitted to the Federation of Canadian Municipalities’ Municipal Asset Management Program to advance our asset management program:

a) Facility Assessment of Irvine Ag Complex and possible expansion b) Facility Assessment of Schuler Skating rink c) Facility Assessment of Schuler Curing rink and possible expansion.

Carried.

Financial Report The Financial Report ending May 31, 2018 was presented.

Resolution No. 2018/379

Councillor Kurpjuweit moved to receive the Financial Report ending May 31, 2018 as presented.

Carried.

RECESS: 11:21 A.M.

RECONVEINE: 11:27 A.M.

Page 7 of 164 Council Minutes – July 3, 2018 Page 6

Delegation – Dr. Ken Sauer Dr. Ken Sauer with the Medicine Hat and District Track and Field Society appeared before Council and described the revitalization project of the facilities at the Rotary Track and Soccer Complex attached to Crescent Heights High School in Medicine Hat

Delegation Business – Dr. Ken Sauer Resolution No. 2018/380

Councillor Vossler moved to provide $23,000 to the Medicine Hat and District Track and Field Society with funds coming from Money in Place of Municipal Reserve.

Carried.

Director of Corporate Services Report The Director of Corporate Services Report was presented.

Resolution No. 2018/381

Councillor Belyea moved to receive the Director Corporate Services Report as presented.

Carried.

RECESS: 11:57 A.M.

RECONVEINE: 12:31 P.M.

PUBLIC WORKS:

Policy R1 Private Dust Control At the March 5, 2018 Committee of the Whole Policy Review Meeting, Council directed Administration to update the levy for the Special Tax from 3 years to 5 years.

Resolution No. 2018/382

Councillor Hok moved to approve Policy R 1 Private Dust Control as presented.

Carried.

Page 8 of 164 Council Minutes – July 3, 2018 Page 7

Policy R 19 Road Bans and Special Permits Guidelines of Policy R 19 Road Bans and Special Permits outline what the Committee has the authority to do including when Special Permits are issued for hauling non-agricultural and all agricultural products.

Resolution No. 2018/383

Councillor McKenzie moved to approve Policy R19 Road Bans and Special Permits as presented.

Carried.

Veinerville Pump Station The Veinerville Pump Station Preliminary Design required modification to accommodate 85 psi for the future Cypress Rural Water Co-op. MPE Engineering delivered 2 options in the design report, recommending option 2 as the most practical and cost-effective.

Recorded Vote Requested

Resolution No. 2018/384

Councillor Belyea moved approve Option 2 in the MPE Preliminary Design Report at a cost of $1,260,000.

Carried.

In Favour – Oster, Hamilton, Belyea, Kurpjuweit, Vossler, McKenzie, Hok

Against – Mudie, Geigle

Intersection Paving Rge Rd 63 and Hwy 3 On the 2018 Spring Road Tour, Council directed Administration to obtain Engineering cost estimates to pave the intersection on Rge Rd 63 on both sides of Hwy 3. Cost estimates include 400 metres north of Hwy 3, 200 metres south of Hwy 3 and 200 metres east of Twp Rd 121 A.

Page 9 of 164 Council Minutes – July 3, 2018 Page 8

Resolution No. 2018/385

Councillor Belyea move to authorize the addition of paving of intersections on Rge Rd 63 on both sides of Hwy 3 to the 5 Year Road Construction Plan.

Carried.

Intersection Paving Rge Rd 65 and Hwy 3 On the 2018 Spring Road Tour, Council directed Administration to obtain an Engineering cost estimate to pave the intersection on Rge Rd 65 and Hwy 3. This would include 400 meters on Rge Rd 65 south of Hwy 3.

Resolution No. 2018/386

Councillor Vossler move to approve the paving of intersection of Rge Rd 65 400 metres south of Hwy 3 in the 5 Year Road Construction Plan. Carried.

Seven Persons Mildred St and Centre Ave Paving On the May 30th Spring Road Tour, Council directed Administration to obtain Engineering cost estimates to pave Mildred Street and Centre Avenue in Seven Persons.

Resolution No. 2018/387

Councillor Mudie moved to approve additional paving on Mildred Street from 1st Street to Centre Avenue and Twp Rd 110 at an estimated cost of $293,100 with funds coming from Accelerated Rehabilitation Fund.

Carried.

Director of Public Works Report The Director of Public Works Report was presented.

Resolution No. 2018/388

Councillor Hok moved to receive the Director of Public Works Report as presented.

Carried.

Page 10 of 164 Council Minutes – July 3, 2018 Page 9

CHIEF ADMINITRATIVE OFFICER’S OFFICE:

Library Board Members Staff advertised for the two additional at-large member positions for the Municipal Library Board. Two applications were received.

Resolution No. 2018/389

Councillor Mudie moved to appoint Jamie Clark and Sherry Kundert to the Municipal Library Board.

Carried.

PUBLIC HEARING: Reeve Oster opened the Public Hearing for Bylaw 2018/14 to adopt the Municipal District of Taber and Cypress County Intermunicipal Development Plan.

Purpose of Public Hearing – Bylaw 2018/14

Jeffrey Dowling explained the purpose of the Intermunicipal Development Plan is to foster ongoing collaboration and cooperation specific to planning matters and issues of mutual interest between the Municipal District of Taber and Cypress County. The Plan addresses and clarifies land use expectations and serves as a planning tool to provide guidance for both municipalities through the use of planning policies that have been agreed upon within Intermunicipal Development Plan area.

The Province now requires municipalities that share a common border to adopt an intermunicipal development plan under Sections 631 and 692 of the Municipal Government Act.

Oldman River Regional Services Commission was hired to assist both jurisdictions in drafting the Plan. Consultation was performed with land owners within and adjacent to the plan area, with the various affected government and private agencies, utility companies, and all other entities considered to be affected. The input that was gathered through this process was then drafted into the Plan.

The Municipal District of Taber passed 1st reading for Bylaw 1924, in respect to the Municipal District of Taber and Cypress County Intermunicipal Development Plan, on May 22nd, 2018.

Page 11 of 164 Council Minutes – July 3, 2018 Page 10

Administration from both municipalities have proposed to provide a planning staff representative, and a Council representative or two to attend the public hearing for the other municipality’s bylaw. The public hearing for the Municipal District of Taber’s Bylaw No. 1924 is scheduled for June 26th, at 1:00 pm, at the Municipal District of Taber’s Administration Building. The public hearing for Cypress County’s Bylaw 2018/14 is scheduled for July 3rd, at 1:00 pm.

After 1st reading, the Bylaw and the Intermunicipal Development Plan will be circulated to land owners in and around the plan boundary, to government agencies, as well as affected bodies and utility companies for further comments prior to the public hearing. The Plan will also be posted on the County’s website for viewing, promoted on Facebook, as well as advertised in the Cypress Courier.

The Planning Supervisor recommends approval, as the Municipal District of Taber Cypress County Intermunicipal Development Plan complies with the South Saskatchewan Regional Plan, and the County’s Municipal Development Plan.

Applicant’s Comments

None.

Support of the Application

None.

Opposition of the Application

None.

The Reeve Closed the Public Hearing.

MUNICIPAL SERVICES:

Bylaw 2018/14 – MD of Taber IDP The Councils of the Municipal District of Taber and Cypress County agree that it is to their mutual benefit to establish joint planning policies. This negotiation and agreement reflects a continuing cooperative approach between the two municipalities, and the desire to see well-planned, orderly, and managed growth.

Page 12 of 164 Council Minutes – July 3, 2018 Page 11

Resolution No. 2018/390

Councillor Vossler moved 2nd reading of Bylaw 2018/14.

Carried.

Resolution No. 2018/391

Councillor Hok moved 3rd reading of Bylaw 2018/14.

Carried.

Delegation – Dunmore Equestrian Society Blair Reid, Cathy Schnell and Cori Schock, Executives of the Dunmore Equestrian Society appeared before Council and provided an update on the Society’s progress to date and to ask for Council support for obtaining a professional strategic business plan to move forward with the next stage of their project, the indoor arena.

RECESS: 1:50 P.M.

RECONVEINE: 1:56 P.M.

CHIEF ADMINITRATIVE OFFICER’S OFFICE:

Operational Plan and Resourcing Staff reflected on Council discussions during strategic planning sessions and subsequent engagements and developed the Bridging 2018/2019-2021 Operational Plan for Cypress County. It is referred to as a “bridging plan”, as it represents a committed workplan for the balance of 2018 and the start of a three-year plan for 2019 – 2021. Learnings during the balance of 2018 will enable further prioritization of initiatives for 2019 – 2021 which will be brought forward in concert with the 2019 – 2021 initial three-year Operating Budget.

Page 13 of 164 Council Minutes – July 3, 2018 Page 12

Resolution No. 2018/392

Councillor Kurpjuweit moved to

(i) approve the Cypress County Bridging Operational Plan 2018/2019-2021; and (ii) authorize the CAO to permanently re-establish the Director of Municipal Services position with $77,000 for the balance of 2018 funded from unallocated surplus funds and the annualized amount added to the recommended 2019 budget; and (iii) authorize the CAO to create the new position of Communications Coordinator with $45,800 for the balance of 2018 funded from unallocated surplus funds and the annualized amount added to the recommended 2019 budget; and (iv) authorize the CAO to increase the Human Resources Coordinator position from .80 FTE to 1.0 FTE, with $10,800 for the balance of 2018 funded from unallocated surplus funds and the annualized amount added to the recommended 2019 budget; and (v) direct staff to initiate a Resident Satisfaction (Community Household) Survey at an estimated cost of $20,200 funded in 2018 from unallocated surplus funds and built into the budget bi-annually thereafter; and (vi) direct staff to enable succession planning and transition of two positions during the balance of 2018 at a cost of $106,000 during the balance of 2018 funded from unallocated surplus funds.

Carried.

Policy COU 8 Public Participation Council reviewed a draft Public Participation Policy on June 5 and discussed its current approaches and historic challenges in engaging with the public and stakeholders.

Resolution No. 2018/393

Councillor Mudie approve the Policy COU 8 Public Participation and direct staff to publish it on Cypress County website by July 23, 2018.

Carried.

Page 14 of 164 Council Minutes – July 3, 2018 Page 13

Selection of CAO Recruitment Firm Ten executive search firms were asked to respond to a Request for Expression of Interest for recruitment of Cypress County CAO. Nine firms responded with proposals and one decided not to participate citing a commitment to a similar nearby recruitment.

Resolution No. 2018/394

Councillor McKenzie moved to approve engagement of Davies Consulting Group as the recruitment from for Cypress County CAO position.

Carried.

Interim Chief Administrative Officer Report The Interim Chief Administrative Officer Report was presented.

Resolution No. 2018/395

Councillor Hok moved to receive the Interim Chief Administrative Officer Report as presented.

Carried.

NEW BUSINESS:

Dunmore Days In 2016, the Council budget was increased by $1,800 for Council to hold a Bar-B-Q in a specific hamlet.

Resolution No. 2018/396

Deputy Reeve Hamilton moved to designate funds to the Dunmore Days Pancake breakfast on August 25, 2018 and have available Councillors attend to cook for the event.

Carried.

Page 15 of 164 Council Minutes – July 3, 2018 Page 14

REEVE AND COUNCILLOR’S REPORTS: Councillor Mudie attended a Palliser Economic Partnership meeting.

Councillor Vossler attended a Subdivision and Development Appeal Board Hearing.

Deputy Reeve Hamilton attended a Cypress View Foundation meeting and a Intermunicipal Steering Committee meeting.

Councillor Kurpjuweit attended Intermunicipal Steering Committee meeting.

Councillor Belyea attended a MD of Taber Council meeting and a Palliser Economic Partnership meeting.

Reeve Oster attended a Palliser Economic Partnership meeting, a Community Futures Entre-Corp meeting.

Resolution No. 2018/397

Councillor Kurpjuweit. moved to receive the Councillor reports as presented.

Carried.

RECESS: 2:50 P.M.

RECONVEINE: 3:01 P.M.

PUBLIC ENGAGEMENT SESSION Community Aggregate Payment Levy

Reeve Oster opened the Public Engagement Session to hear from residents and stakeholders on the Community Aggregate Payment Levy.

Bob Laidlaw of Laidlaw Sand and Gravel Ltd., Terry Meier of LMT Enterprises Ltd., Allen Dennis of AG Core Inc., Ron Schimpf Inland Concrete and Doug Baumann of Steep Rock Ltd. appeared before Council and expressed their opposition and concerns with regards to the Community Aggregate Payment Levy.

Page 16 of 164 Council Minutes – July 3, 2018 Page 15

Reeve Oster stated that Bylaw 2018/21 Community Aggregate Payment Levy will be deliberated at the July 31, 2018 Council meeting.

ADJOURN: The Reeve declared the meeting adjourned at 3:25 P.M.

______REEVE

______DESIGNATED OFFICER

Page 17 of 164

COUNCIL REQUEST FOR DECISION Title: Bylaw 2018/29 Land Use Amendment Presentation Date: August 31, 2018 Responsible Division: Written By: Reviewed By: Municipal Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ None ☐ Provincial Legislation ☒ County Bylaw Bylaw: 2016/16 Land Use Previous Council Direction: None Strategic Plan Goal: Strategy: 3.0 Provides high quality, safe, affordable services 3.2 Continues to provide effective planning. and amenities. 5.0 Cypress County focuses on economic growth, sustainability and diversification

Attachment(s): 1. Bylaw 2018/29, 2. Schedule A Recommendation: 1. Council to move first reading of to amend the Land Use Bylaw 2018/29. Alternative Recommendation: 2. None

Background:

Barry and Patricia Maxwell have submitted application 18/A09 to reclassify a 4.07 ha (10.06 acres) parcel from Agricultural District 2 (A-2 General Agriculture) to Country Residential Farmstead Separation District (CR-FS). The property is located at the N.E. 16-11-4-W4. If the land use amendment is approved, then the applicant’s intent is to apply to the Municipal Planning Commission for approval to subdivide the parcel from the remainder of the agricultural title. The existing title is 64.3 ha (158.99 acres) in size.

Page 18 of 164

The property is located along Range Road 43 and is approximately 2 km south of Township Road 114. Both the proposed reclassification area, as well as the remainder of the agricultural title, have direct and immediate access to Range Road 43.

The proposed reclassification area consists of the applicant’s residence and existing farm yard. A parcel size of 4.07 ha (10.06 acres) has been requested to accommodate the applicant’s private septic disposal field located to the north, and the applicant’s private water well to the south within the proposed reclassification area. The remainder of the agricultural title consists of dry cropland.

If the application were to be approved, the proposed reclassification and subsequent subdivision would result in the first title to be taken out of the quarter section. A residence could still be developed on the remainder of the agricultural title. The proposed parcel is located outside of the Tri-Area Intermunicipal Development Plan boundaries.

With the recommendation for Council to pass 1st reading for Bylaw 2018/29, the public hearing would be tentatively set for August 21st, 2018.

Page 19 of 164

CYPRESS COUNTY

BYLAW 2018/29

A Bylaw of Cypress County in the Province of Alberta to amend Bylaw 2016/16 being the Land Use Bylaw.

PURSUANT TO the provisions of the Municipal Government Act, being Chapter M-26 of the Revised Statutes of Alberta, 2000, and amendments thereto, the Council of Cypress County, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS:

1. Having received an application (18/A09) from Barry & Patricia Maxwell, to re-classify a portion of the N.E. 16-11-4-W4, as shown on the attached Schedule A, from Agricultural District 2 “A-2 General Agriculture” to Country Residential Farmstead Separation District “CR-FS”.

2. Having held a public hearing on the matter, Land Use Bylaw 2016/16, as amended, is hereby amended to change that portion of the N.E. 16-11-4-W4, as shown on the attached Schedule A, from Agricultural District 2 “A-2 General Agriculture” to Country Residential Farmstead Separation District “CR-FS”.

3. This bylaw shall take effect upon final registration of the subdivision plan.

4. If no subdivision plan is registered within 2 years of the final reading of the Bylaw, the Bylaw shall be null and void.

Read a first time this _____ day of ______, 2018.

Read a second time this _____day of ______, 2018

Read a third time and finally passed this _____ day of ______, 2018.

______Reeve

______Chief Administrative Officer

Page 20 of 164 Page 21 of 164 Page 22 of 164

COUNCIL REQUEST FOR DECISION Title: Bylaw 2018/30 Municipal Development Plan Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By Municipal Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☒ Provincial Legislation ☒ County Bylaw ☐ County Policy ☐ None MGA RSA 2000 M-26 – Sections 632 and 692 Previous Council Direction: July 31, 2018 – Resolution No. 2018/373 Council directed Administration to bring back amendments to Bylaw 2015/26 Cypress County Municipal Development Plan specifying that confined feeding operations are to be located where access to the site may be gained from gravel, new high-grade roads, and to draft a road use agreement bylaw for Council’s consideration. Strategic Plan Goal: Strategy: 3.0 Cypress County ensures that infrastructure is 3.2 Continue to provide effective planning, effectively maintained, enhanced and evaluated agricultural, public works, and fire safety services. 5.0 Cypress County focusses on economic 3.3 Maintain high quality roads and equipment. growth, sustainability and diversification Attachment(s): 1. Bylaw 2018/30, 2. Schedule A Recommendation: 1. Council move to pass 1st reading for Bylaw 2018/30. Alternative Recommendation: 2. None.

Background:

Approvals for confined feeding operations come under the authority of the Province’s Natural Resources Conservation Board (NRCB). Therefore, a municipality does not have the authority to impose conditions upon the operator for access purposes in the same manner it would when a municipality approves a development permit or a subdivision. Council has expressed concerns of having to bare increased maintenance costs for local roads resulting from the increase in heavy traffic with confined feeding operations.

Page 23 of 164

The NRCB has stated that the Agricultural Operations Practices Act does not allow their approval officers the authority to address road maintenance and road upgrades since roads are the municipality’s responsibility under the Municipal Government Act.

In response, Planning and Development Services requested a legal opinion on this matter. The County’s lawyer recommended the County may want to consider amending its Municipal Development Plan to only allow confined feeding operations at locations that are accessed by road infrastructure that meets certain defined road standards (gravel, new high-grade).

With the recommendation for Council to pass first reading of Bylaw 2018/30, the public hearing would be tentatively set for August 21st, 2018.

Page 24 of 164

CYPRESS COUNTY

BYLAW 2018/30

A Bylaw of Cypress County in the Province of Alberta to amend Bylaw 2016/16 being the Land Use Bylaw.

1. Whereas the Municipal Development Plan, adopted as Bylaw 2015/26, requires an amendment to Section 3.2 Intensive Agriculture by adding a statement that confined feeding operations are to be located where access to the site is to be gained from gravel, new high-grade roads or unless the confined feeding operator is willing to develop or upgrade the road to a gravel, new high-grade road at their own expense.

2. The Municipal Development Plan, adopted as Bylaw 2015/26, is hereby amended by amending Section 3.2 Intensive Agriculture by adding a statement that confined feeding operations are to be located where access to the site is to be gained from gravel, new high- grade roads or unless the confined feeding operator is willing to develop or upgrade the road to a gravel, new high-grade road at their own expense, as shown on the attached Schedule A.

3. This bylaw shall take effect on the date of final passage thereof.

Read a first time this ____ day of ______, 2018.

Read a second time this _____ day of ______, 2018.

Read a third time and finally passed this _____day of ______, 2018.

______Reeve

______Chief Administrative Officer

Page 25 of 164

CYPRESS COUNTY BYLAW 2015/26

SCHEDULE “A” (New text is shown in red font)

3.2 Intensive Agriculture

(a) The Municipality may prescribe regulations for the development of intensive agricultural operations such as greenhouses, or specialty crops.

(b) Pursuant to the Agricultural Operations Practices Act, the County may designate areas where confined feeding operations are to be encouraged or excluded.

(d) Confined feeding operations are to be located where access to the site is to be gained from gravel, new high-grade roads or unless the confined feeding operator is willing to develop or upgrade the road to a gravel, new high-grade road at their own expense.

(d e) Existing confined feeding operations within the areas shown in Figure No. 2, excluding the Tri-Area Intermunicipal Development Plan Area (IDP), may expand if they meet the requirements of the Agricultural Operations Practices Act, and the proposal is acceptable to Council.

Applications for the expansion of any existing confined feeding operations within the Tri-Area Intermunicipal Development Plan (IDP) are not supported within the Confined Feeding Operation Exclusion District first identified in the 1992 Rural Urban Fringe Plan. Expansion of existing operations will require approval under the Natural Resources Conservation Board (NRCB) regulations. The County Council and the Tri-Area Intermunicipal Development Plan Liaison Committee will review the applications for the confined feeding operation expansion of existing operations and submit joint comments to the NRCB on a case by case basis.

(e f) Intensive agricultural operations not requiring a full quarter section of land for continued operation are encouraged to locate on existing smaller parcels.

(f g) The Municipality will support the subdivision of a parcel of better agricultural land for intensive agricultural uses such as greenhouses, market gardens, or exotic livestock if the following conditions are met:

i) there is an adequate supply of water for the development.

Page 26 of 164

ii) the proposed development is viable and compatible with other uses in the area.

iii) the proposal complies with the requirements of the land use bylaw.

(g h) Greenhouse proposals involving structures that are greater than 139 m2 will require a land use district bylaw re-classification to Agricultural District 3 (A-3 Horticulture) prior to a development permit being issued. Any operations, regardless of size, involving specific lighting for the sole purposes of stimulating and/or enhancing the growth of a greenhouse crop will require a land use district bylaw re-classification to Agricultural District 4 (A-4 Greenhouses) prior to a development permit being issued. Existing greenhouses, which were approved under a previous Agricultural District prior to July 16, 2013, shall continue to remain in effect until such time as the development permit is no longer needed, or the greenhouse is no longer in operation. Expansions to existing greenhouse operations will require a land use district bylaw re-classification to the appropriate Agricultural District prior to a development permit being issued. The greenhouse developer will be expected to verify the water source and its availability for the proposed greenhouse development to the Council at the time of the land use district bylaw re-classification.

Page 27 of 164

COUNCIL REQUEST FOR DECISION Title: Dunmore Equestrian Society Feasibility Study Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By: Municipal Services

Budget Implication: ☐ N/A ☐ Funded by Dept. ☒ Reallocation

Legislative Direction: ☐ Provincial Legislation ☒ County Bylaw ☐ County Policy ☒ None

Previous Council Direction: July 3, 2018 Council listened to a delegation from the Dunmore Equestrian Society requesting funding assistance from the County to hire a consultant to do a feasibility study for the proposed riding arena and facility. Strategic Plan Goal: Strategy: 5.0 Focusing on economic growth, sustainability, 5.1 Supporting the agricultural community and and diversification. value added agricultural opportunities. 5.2 Developing commercial land for business growth and expansion. 5.3 Promoting the County as a destination for business growth and expansion. Attachment(s): None Recommendation: 1. Council move to contribute a maximum of $______to the Dunmore Equestrian Society to be used for the sole purpose of conducting a feasibility study for the proposed riding arena and facility with funds coming Cypress County Operating Reserve. Alternative Recommendation: 2. That Council hold off committing to the study pending a better understanding of whether Alberta Transportation will permit the access and egress required to develop significant highway commercial in the area. 3. Council move to take no further action.

Page 28 of 164

Background:

On July 3, 2018, Council heard a delegation from the Dunmore Equestrian Society who were requesting funding from the County to put towards hiring a professional consultant to conduct a feasibility study for the proposed indoor riding arena, and the facility.

The proposed Dunmore Equestrian Center may be a facility that provides both the general public and non-profit organizations with both recreation opportunities and a venue for holding specific equine events. It can be argued that the facility and its events will draw equine participants from outside the immediate area, who in turn may spend their money within both Cypress County and the broader region. It may also be argued that having an indoor equestrian facility that can be utilized year-round can also provide spinoff retail benefits to some degree. There has been some consideration that establishing the Equestrian Center in Dunmore as an anchor tenant, as an extension of Charles Street, may encourage other businesses to the area. Thus, creating what is being perceived as a “gasoline alley” with a western flare/theme. Furthermore, this type of facility may help to enhance the attractiveness of the community and therefore assist to retain equine minded people to locate or continue to reside in the area. In summary, the proposed facility may positively contribute to both the economic and social aspects of Dunmore and the region.

As part of the County’s strategic planning and goal setting, Council has identified focusing on economic growth, sustainability, and diversification as one of its goals. Council has set out a number of strategies to attempt to achieve these goals including; supporting the agricultural community and value added agricultural opportunities, developing commercial land for business growth and expansion, and promoting the County as a destination for business growth and expansion.

Should Council wish to pursue the development of these lands for a commercial gasoline alley type development, it should participate actively and financially in this study. Cypress County may wish to proceed cautiously, to ensure road access and egress are possible, prior to investing heavily in the project.

Funds for the contribution towards the costs of conducting a feasibility study for the proposed riding arena (or riding arena and gasoline alley) with the Dunmore Equestrian Society would come from the County’s Operating Reserve.

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Director of Municipal Services Report

Agricultural Services • Approximately 100 people attended the Farming Smarter Field Day on July 12th along Highway 41A, and also attended an environmental farm plan workshop for education/training purposes, supported by interim Agricultural Fieldman. • Interim Assistant Agricultural Fieldman passed his herbicide applicator’s license exam. • The Agricultural Fieldman and Assistant Agricultural Fieldman passed a forklift training session through Safety Buzz. • Knapweed sites are now being spot sprayed a second time to control any plants that were missed during the first spray operation. Weed inspectors are detecting and mapping that Knapweed is slowly spreading to adjacent properties. • New road construction sites have been sprayed, and now Bindweed spraying continues. • When conditions are windy preventing spraying, the agricultural staff have been pulling Scentless Chamomile, and digging up Baby’s Breath. • 15 new biocontrol sites for Leafy Spurge have been established along the Seven Persons Creek. There are pictures at the end of the report. • The grain bag roller has arrived and has been used to roll the grain bags that are currently at the County office. It has been working quite well. The next step is to get the machine mounted on a trailer so that it is mobile and can go to other sites. There are pictures at the end of the report. • Agricultural Fieldman, Jason Storch, recently received the National Advanced Certificate In Local Authority Administration Level 1. He has 2 courses remaining through the University of Alberta to complete and obtain Level 2 which is the highest level.

Emergency and Protective Services • A fire restriction remains in effect, so no new fire permits are being issued. Campfires in approved devices and burning barrels are still allowed. • In the month of July, and up to July 25th, Cypress County Fire Department has responded to 9 grass fires, 1 structure fire, 1 fire alarm activation, 3 motor vehicle collisions, and 6 medical first response/assist EMS for a total of 20 callouts. All of the grass fires have been ignited by lightning • The water tender truck has been purchased from the City of Medicine Hat and the expected possession date is August 8th, 2018. • Emergency and Protective Services Supervisor/Fire Chief has been working with Administration on researching the costs for obtaining Class 3 driver’s licenses for selected emergency services personnel to drive the fire tender and other equipment. • Fire Chief has written several Alberta Safety Codes exams, most recent on July 24, 2018. • Fire Chief completed several site inspections with the Fire Commissioner’s Office, and has been gathering information from the Fire Underwriters Survey of Canada.

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• Emergency and Protective Services administration has been working on completing applications for members to receive their Alberta Emergency Service recognition for long time service. • Fire Chief and the Director of Municipal Services staff are currently reviewing the draft of the Fire Services Bylaw to bring to Council review and adoption at a future meeting. • As a result of a Public Fatality Inquiry concerning the death of an on-duty Community Peace Officer (CPO), the Minister of Alberta Justice and Solicitor General is looking to make 3 changes to the Peace Officer Program as follows; ➢ All CPO’s will be required to meet the current standards for appointment to CPO Level 1, requiring that all will qualify to carry a baton and OC Spray, and the wearing of body armour while on duty will be mandatory, ➢ All employers to draft a policy the prohibits a CPO from attending a location alone where there is a known threat, and employers will be required to maintain a list of known local threats for reference by dispatchers and CPOs. The details and deadlines for the policy will be released in the coming months, ➢ all employers will be required to institute a manned central communications system to track and communicate with CPOs and will include the requirements to check the list for identified known threats. Information sessions on these changes will be held this fall, and it is anticipated that employers will have 24 to 36 months to comply. A number of key safety considerations are still under review and more detailed information can be viewed at www.peaceofficerprogram.alberta.ca • County Peace Officer issued 22 warning letters concerning unsightly property enforcement for vegetation in July. There were 10 situations where enforcement was required as a result of unsightly property warning letters having been sent out in June. • County Peace Officer attended the Hilda Mud Bog event along with the County’s Enhanced Officer, and assisted the SPCA with an animal in distress situation.

Economic Development and Tourism • Nothing new to report.

Family and Community Support Services • FCSS outcomes measures reports are to be submitted to the Province by July 31st, 2018.

Health and Safety • Health and Safety Supervisor performed a general health and safety orientation for the 3 employees hired in the past month and has completed 3 playground inspections to date as part of the County’s annual inspection requirements. • There were no reportable lost time incidents in the month of July. • Nominal prizes have been drawn and awarded as a recognition of safety awareness and practices to County’s employees. • Health and Safety Supervisor and Human Resources have completed a respectful workplace and harassment prevention policy and procedures.

Planning and Development Services • Nothing new to report.

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Director Of Municipal Services

• The Director attended a Regional Stormwater Drainage Committee meeting in Taber on July 9th. Representatives from the rural municipalities, irrigation districts, and Alberta Environment discussed stormwater runoff, flooding, and water retention. The biggest concern is with irrigation canals being full of snow that are unable to accept rapid snowmelt. - MPE Engineering has compiled a regional stormwater management report that identifies six recommendations at various locations in the region to improve both stormwater retention and diversion to and from specific reservoirs. The estimated total costs to complete all six projects is $180,000,000. - Committee decided that the M.D. of Taber and S.M.R.I.D. will submit an expression of interest before the end of July to see if it may be possible to get grant funding from the Federal and Provincial governments to address creating a diversion spillway into the Horsefly Reservoir as the top priority of the six being recommended from MPE Engineering’s report. This project is estimated at $48,800,000. The grant would be a cost shared situation amongst the various partnering municipalities. Once further details are known, the municipalities can then decide whether to formally commit towards this identified priority project or not. The committee’s next meeting will likely be in November, at which time more information about the possibility of grant funding or not should be known.

Recommendation 1. Council move to receive the Interim Director of Municipal Services Report as presented.

Grain Bag Roller

Page 32 of 164

Leafy Spurge Biological Control

Page 33 of 164

COUNCIL REQUEST FOR DECISION Title: Public Facing Crime Map Presentation Date: July 31, 2018 Written By: Reviewed By: Responsible Division: Corporate Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☐ County Policy ☒ None

Previous Council Direction: None Strategic Plan Goal: Strategy: 3.0: Cypress County provides high quality, safe 3.1: Support Hamlets in providing safe, affordable and affordable services and amenities and friendly environment 3.4: Promote a safe environment for tourism, recreation and leisure opportunities Attachment(s): N/A Recommendations: 1. That Council authorize administration to embed a Crime Map link on the County website. Alternative Recommendation: 2. None

Background:

The County was contacted by the RCMP regarding hosting a link on the County website which provides a portal to the RCMP Public Facing Crime Map. By providing this service Residents, Business Owners and staff could click on the link to access the Crime Map Website hosted elsewhere.

There is no cost to the community, and the RCMP are asking communities that have a Website, and the ability, to host the public facing web application. The RCMP will provide the “EMBED” code to the County website team so the map will appear on the website. The RCMP also asks that the County include links to CrimeStoppers and for phone numbers to call the RCMP complaint line. If the County hosts RCMP media releases for the area, a link to those as well.

The County has room on our servers to host the link and there would be zero responsibility on County staff in the update of information. As the County is currently developing the website, the timing for this is excellent Page 34 of 164

To: Peter Tarnawsky, CAO, Cypress County

Public Facing Crime Mapping Project

Crime mapping is an innovative tool by which the Alberta RCMP is tackling the few offenders who commit the most crimes. This project allows the RCMP to continue increasing inter-agency communication and sharing criminal intelligence with its partners. It also encourages Albertans to participate in crime prevention strategies, such as reporting suspicious persons or activity, in an effort to be the extra set of eyes and ears for police in their communities. Initiatives such as this one go a long way in creating safe and resilient communities for all Albertans.

The Alberta RCMP have been piloting crime mapping in the St. Albert Detachment since the beginning of 2017. (visit: https://stalbert.ca/city/maps/rcmp-crime-map). The technology has been working properly and we are ready to roll out the project Province wide.

Information about the Map:

• Only certain crime types will be presented on the map: o Theft from Motor Vehicle; o Theft of Motor Vehicle; o Break & Enter; o Mischief; and o Missing Persons. • Emergency Situation Flag. Flags would only be used in emergency situations and for very short periods (School Lockdown, unfolding dangerous situation, Evacuation, Train Derailment etc.) • Plotted addresses will not be exact but rather a nearby intersection or street. • Entries are templated – only certain information can be entered (i.e. File Number and Date) • The templates are in English and French. • Entries will automatically be removed after 14 days. • Minimal additional Detachment workload.

There is no cost to the community but we are asking those communities that have a Website, and the ability, to host the public facing web application. The RCMP will provide the “EMBED” code to your website team so the map will appear on your website. We ask that you include links to Crimestoppers and for phone numbers to call the RCMP complaint line. If you host RCMP media releases for your area, a link to those as well.

Please let us know if you have any questions or concerns.

(Sean Maxwell), S/Sgt.

Page 1 of 1

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COUNCIL REQUEST FOR DECISION - Closed Title: Municipal Consent and Access Fee Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By: Corporate Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None

Previous Council Direction: July 3, 2018 – Resolution 2018/392: Approval of Bridging Operational Plan 2018/2019 – 2021 – including Initiative 1g July 6, 2016 – Resolution 2016/345: Information Item in Corporate Services Director Report Strategic Plan Goal: Strategy: 1.0: Fosters sound governance, leadership and 1.2 Source Funding Opportunities and accountability partnerships for improved services Attachment(s): N/A Recommendations: 1. Council direct administration to revisit the Municipal Consent and Access Fee after an Assessment Class and Mill Rate Policy to diversify tax base has been adopted by the County. (Initiative 1g of Bridging Operational Plan 2018/2019-2021) Alternative Recommendation: 2. That Council direct administration to contact the City of Medicine Hat and strike a franchise agreement for the collection of a MCAF.

Background:

On July 3, 2018, the City of Medicine Hat Council voted to implement a Municipal Consent and Access Fee (MCAF) on utilities. The MCAF establishes annual revenue targets to help balance the budget and reduce the City’s reliance on volatile energy revenues. The MCAF revenue targets Council approved are $1M in 2019, $2M in 2020, $3M in 2021 & 2022. The fee will be re-evaluated at the end of the budget cycle. This decision may or may not impact Cypress County.

The original concept was presented to City Council on July 6, 2016, with a planned implementation generating over $5M in the first year. At the time, the concept was voted down.

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The City of Medicine Hat provides gas and electric distribution service to parts of Cypress County. The County may opt to charge a franchise fee to customers that are within the City’s service territory. This fee would be collected by the City and remitted to the County each month.

The preliminary analysis (assuming the same fee as Medicine Hat) shows the following revenue for Cypress County:

Below are the estimated numbers for the proposed MCAF implementation. These are preliminary numbers as the City has not calculated their utility rates for 2019 – 2022, however, the MCAF will be in this range.

Other areas in the County are serviced by AltaGas. The County does not collect a MCAF through Alta Gas so if the County implements an Access fee, Cypress County should consider entering into separate agreements with Alta Gas or any other service providers operating within Cypress County borders.

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COUNCIL REQUEST FOR DECISION Title: Bylaw 2018/21 CAP Levy

Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By: Corporate Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☒ County Bylaw ☐ County Policy ☐ None

Previous Council Direction: July 3, 2018 Council heard from the public and expressed a desire to deliberate on July 31, 2018 June 19, 2018 – Resolution 2018/346 That staff to arrange a Public Engagement Session on Tuesday July 3, 2018 at 3:00 P.M. so Cypress County Council can hear from the public and stakeholders regarding the Community Aggregate Payment Levy. June 5, 2018 – Resolution 2018/320: That Council direct Administration to determine how to exempt gravel contracts tendered in 2018 but not delivered until 2019 from the Cap Levy of 40 Cents per Tonne per Bylaw 2018/21. May 1, 2018 – Resolution No. 2018/224: Council provided third reading to Bylaw 2018/21 Community Aggregate Payment Levy Bylaw. Strategic Plan Goal: Strategy: 1.0: Fosters sound governance, leadership and 1.1: Participate in ongoing, long-term planning accountability 1.2: Source funding opportunities and partnership for improved service 1.3: More consistent & transparent Policy Review. Attachment(s): 1. Bylaw 2018_21 Community Aggregate Payment Levy Bylaw Recommendations: 1. That Council direct staff to bring forward a Bylaw to amend or repeal Bylaw 2018/21 Community Aggregate Payment Levy Bylaw once revisited in conjunction with the development of an Assessment Class and Mill Rate Policy to diversify the tax base to be adopted by the County. Alternative recommendations: 2. That Council direct that the proceeds from the CAP Levy be designated to a reserve for community recreational and leisure amenities with the Bylaw remaining As Is, effective January 1, 2018. 3. That Council direct staff to bring forward a Bylaw to lower the rate of Bylaw 2018/21 Community Aggregate Payment Levy Bylaw. 4. That Council direct staff to bring forward an amendment to Bylaw 2018/21 to change the implementation date for Bylaw 2018/21 to a later date. Page 38 of 164

5. That Council direct staff to bring forward a Bylaw to repeal Bylaw 2018/21 CAP Levy Bylaw now. 6. That Council receive stakeholder feedback for information.

Background:

Staff advertised the Public Engagement Session in the Cypress Courier, County Website and Facebook pages for July 3, 2018 at 3:00 P.M. The Public Engagement Session was well attended with community stake holders, and Reeves from neighboring municipalities. The consensus from the speakers that addressed council were:

1. The CAP Levy targets a small group of companies. 2. Although the purpose of the Levy is to pass on the cost to the end user, neighboring municipalities do not have a CAP Levy, therefor operators in the County feel they will not be competitive and may have to cover the cost out of pocket to remain competitive. 3. Many operations are family-run business and the implementation of a CAP Levy may make their business unviable. 4. The operators questioned what is the problem that the County wants to fix.

The 2018/2019 – 2021 Bridging Operating Plan approved on July 3, 2018 includes an initiative (1g) to Initiate development of an Assessment Class and Mill Rate Policy to diversify the tax base.

Background – (June 19, 2018)

On May 1, 2018, Council passed Bylaw 2018/21 Community Aggregate Payment Levy. The Bylaw imposes a Levy of $0.40/tonne on sand and gravel delivered from gravel operations within Cypress County.

Administration was asked to research how to exempt contracts tendered in 2018 but not delivered until 2019. The County Bylaw is in effect January 1, 2019, must be applied consistently and cannot exempt individual operators based on past contracts. Cypress County provided gravel operators with 7.5 months of notice for the implementation of the CAPP Levy.

The only alternative to exemption is to repeal the Bylaw, lower the rate of the Levy or bring it into effect at a later date.

Page 39 of 164

CYPRESS COUNTY

BYLAW 2018/21

A Bylaw of Cypress County, Dunmore, Alberta for the purpose of authorizing Council to impose a levy in respect of all sand and gravel business operating in the municipality and to raise revenue to be used towards the payment of infrastructure and other costs in the municipality.

WHEREAS, the Municipal Government Act, R.S.A. 2000 C.M-26, any amendments or succession legislation thereto authorizes Council to establish an aggregate Levy Bylaw:

AND WHEREAS, Alberta Regulation 263/2005 establishes provisions that apply to all municipalities that have passed community aggregate levy bylaws:

AND WHEREAS, the Alberta Sand and Gravel Association supports the collection of the levy to provide communities a visible and tangible benefit for local aggregate operations:

NOW THEREFORE BE IT RESOLVED that the Council of Cypress County, duly assembled, hereby enacts as follows:

1. All sand and gravel operators must report to Cypress County all shipments on a sand and gravel shipped tonnage roll, in tonnes, on a quarterly basis within fourteen (14) days of the last business day of March, June, September and December in each calendar year.

2. Cypress County will send out a levy notice to each operator setting out the amount of the levy payable by the operator based on the aggregate shipped within thirty (30) days of the last business day in March, June, September and December in each calendar year.

3. The shipped tonnage roll is based on the tonnage of sand and gravel in an operator’s shipment, as reported by the operator, and is subject to random information audits and request for operating records.

4. The levy rate is set by Cypress County is $0.40 per tonne of sand and gravel.

5. An amount owing to the County by an operator as shown on the levy notice shall be paid within 30 days or be subject to penalties, 1% per month, for late payment as identified in Cypress County’s annual Master Rates Bylaw.

6. Where a sand and gravel operator is unable to provide a measurement of weight for the amount of sand and gravel in a shipment, the operator must use the conversion rates set out under section (1) (f) of the Alberta Regulation

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7. Exemptions from the levy may be imposed consistent with those identified in the Alberta Regulation.

8. An operator who violates any provisions of the Bylaw, or who neglects to do or refrains from doing anything required to be done by the provisions of this bylaw, or fails to comply with any notice or direction given under this bylaw, commits an offence.

8.1.A person who violates or contravenes the provisions of this Bylaw is guilty of an offence and is liable for a fine of $1,000 for the first offence and $2,000 for each subsequent event.

8.2.A Bylaw Enforcement Officer may issue, with respect to an offence under this Bylaw, a violation ticket.

8.3.Where a violation ticket specifies a fine, a voluntary payment equal to the specified fine amount may be made.

Read a first time this 1st day of May, 2018.

Read a second time this 1st day of May, 2018.

Read a third time and finally passed this 1st day of May, 2018.

______Reeve

______Chief Administrative Officer

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COUNCIL REQUEST FOR DECISION Title: Cemeteries within Cypress County Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By: Corporate Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☒ Provincial Legislation ☐ County Bylaw ☐ County Policy ☐ None Cemeteries Act Previous Council Direction: May 1, 2018 – Resolution 2018/227: Administration to research Cemeteries Act and implications of undertaking perpetual care and services of cemeteries and bring back to a future meeting. Strategic Plan Goal: Strategy: 2.0: Ensures infrastructure is effectively 1.3: None maintained, enhanced, evaluated Attachment(s): 1. Cemeteries Act 2. Map of Cemeteries in Cypress County 3. List of Cemeteries in Cypress County Recommendations: 1. Council direct administration to forward a letter to the Director reporting the condition of the two cemeteries requiring fence maintenance along with photos for his/her action, as required. Alternative Recommendation: 2. Council receive for information.

Background:

On May 1, 2018, Council directed Administration to research the Cemeteries Act and bring back a list of Cemeteries within Cypress County.

For the purposes of this report the following definitions from the Cemeteries Act are pertinent:

(a) “cemetery” means land that is set apart or used as a place for the burial of dead human bodies or other human remains or in which dead human bodies or other human remains are buried; (b) “Director” means the person appointed by the Minister under section 49 to act as the Director for the purposes of this Act and the regulations;Page 42 of 164

(c) “perpetual care” means the preservation, improvement, embellishment and maintenance, in perpetuity and in a proper manner, of grave stones, grave markers, monuments, lots, plots, compartments, crypts or other space in a cemetery, or of compartments in a columbarium or mausoleum;

(d) “owner” means a person who owns, controls or manages a cemetery, crematory, columbarium or mausoleum, as the case may be;

Maintenance of cemetery 1 The owner of a cemetery shall keep the cemetery in the manner required by the regulations and in good order and repair.

Attached is a list of gravesites and cemeteries within County borders. There are 9 marked grave sites as well as 25 cemeteries of different denominations. A map has also been included marking the various locations.

Administration conducted a visit of different sites and collected pictures for reference. At the time the photos were taken, 14 cemeteries appeared to be unkept as far as mowing or keeping the grounds in good repair. While these were unkept at the time of photo, only two had fences which were in disrepair which would indicate that there is some sort of maintenance for most of the sites. Additionally, it did not appear as though there were any grave stones or markers that were damaged or defaced. That would lead administration to believe that for the most part there is some form of care during the year and the only issue is keeping up with ground maintenance.

Three cemeteries are on County owned Land. A review of past records would indicate that Cypress County does not operate the cemeteries and have not collected any funds for the sale of plots, therefore would not have any perpetual care responsibilities.

Given the information collected, Administration would recommend the following: • Section 49 of the Cemeteries Act provides for the Minister to appoints a Director for this act and regulations, therefore it would appear as though the County does not have authority to direct any owners or operators of cemeteries. • For the Cemeteries that had fences in disrepair, send a letter to the Director along with photos of the cemeteries reporting the standard of maintenance. • For other cemeteries where the grounds are unkept, revisit in the fall to see if there has been any annual maintenance performed. If not send a letter to the Director for his/her action if required.

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Province of Alberta

CEMETERIES ACT

Revised Statutes of Alberta 2000 Chapter C-3

Current as of December 15, 2017

Office Consolidation

Alberta Queen’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: [email protected] Shop on-line at www.qp.alberta.ca

Page 44 of 164 Copyright and Permission Statement

Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format:

*The year of first publication of the legal materials is to be completed.

Note

All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

Regulations

The following is a list of the regulations made under the Cemeteries Act that are filed as Alberta Regulations under the Regulations Act

Alta. Reg. Amendments Cemeteries Act Cemeteries Exemption ...... 236/98 ...... 87/2001, 175/2001, 251/2001, 63/2003, 176/2005, 35/2007, 68/2008, 268/2009, 31/2012, 170/2012, 81/2013, 103/2013 172/2014 Commercial Cemeteries ...... 247/98 ...... 56/2000, 251/2001, 332/2003, 172/2013 Crematories Designation ...... 11/2002 ...... 162/2006, 172/2013 Crematory...... 248/98 ...... 251/2001, 342/2003, 131/2011 General ...... 249/98 ...... 206/2001, 251/2001, 142/2003, 331/2003, 8/2005, 212/2005, 157/2006, 35/2007, 68/2008, 168/2010, 31/2012, 172/2013

Page 45 of 164 CEMETERIES ACT

Chapter C-3

Table of Contents

1 Definitions 2 Application of Act 3 New cemetery restrictions 4 New columbarium or mausoleum 5 Burial in approved cemetery 6 Alternatives to burial

Part 1 Cemeteries 7 Maintenance of cemetery 8 Vaults 9 Mausoleum 10 Rules re burials 11 Disinterment 12 Plots for indigents 13 Plots for veterans 14 Burial sites exempt from seizure 15 Exempt from Land Titles Act 16 Conveyance of plot 17 Ownership of site 18 Recovery of interment space 19 Crypts or compartments 20 Winding-up, liquidation and dissolution of cemetery companies 21 Effect of grant 22 Sale of cemetery 23 Disposition of perpetual care funds 24 War graves 25 Resale of plot to owner of cemetery

Page 46 of 164 RSA 2000 CEMETERIES ACT Chapter C-3

Part 2 Crematories 26 Location of crematory 27 Licence for crematory 28 Operation of crematory 29 Fees for cremation 30 Registration of deaths, etc. 31 Unclaimed remains

Part 3 Perpetual Care Funds 32 Application of Part 33 Perpetual care funds 34 Minimum funds 35 Funds in trust 36 Investment 37 Remuneration for services 38 Reporting requirements 39 Required information 40 Application of general law 41 Annual returns

Part 4 Pre-need Sale of Cemetery Supplies and Services 42 Application of Part 43 Licence to sell pre-need contract 44 Seller to hold money in trust 45 Transfer of trust money to authorized trustee 46 Payment out of pre-need assurance fund 47 Use of investment income 48 Reporting to Director

Part 5 Director 49 Appointment of Director 50 Duties relating to approvals 51 Duties relating to licences 52 Appeal 53 Investigation and inquiry 54 Seizure of records 55 Powers in investigations 56 Act, regulations contravened

Page 47 of 164 RSA 2000 Section 1 CEMETERIES ACT Chapter C-3

57 Enforcement of Director’s orders 58 Director’s ability to disclose information 59 Settlement

Part 6 Regulatory Board 60 Establishment of regulatory board 61 Delegation to regulatory board 62 Payment for services of regulatory board 63 Establishment of claims fund 64 Confidentiality

Part 7 General 65 Regulations 66 Appointment of administrator 67 Rescission of sales contract 68 Effect of cancellation of contract 69 Refund 70 Contracts entered into through direct contact 71 Unfair practices 72 Void contracts 73 Validity of sale 74 Consent to transfer of cemetery 75 Penalty for fouling water supply 76 Penalties for offences 77 Offence 78 Time limit for prosecution

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act,

(a) “authorized trustee” means the Public Trustee or a trust corporation or a corporation designated in the regulations;

(b) “cemetery” means land that is set apart or used as a place for the burial of dead human bodies or other human remains or in which dead human bodies or other human remains are buried;

Page 48 of 164 RSA 2000 Section 1 CEMETERIES ACT Chapter C-3

(c) “cemetery services” means the supplying of any service to be rendered at a cemetery in respect of any lot or plot or grave stone, grave marker or monument;

(d) “cemetery supplies” means burial vaults, grave stones, grave liners, grave markers, monuments or bases for use in a cemetery;

(e) “columbarium” means a structure designed for storing the ashes of dead human bodies or other human remains that have been cremated;

(f) “crematory” means a building fitted with proper appliances for the purpose of incineration or cremation of dead human bodies, and includes everything incidental or ancillary to it;

(g) “Director” means the person appointed by the Minister under section 49 to act as the Director for the purposes of this Act and the regulations;

(h) “income” means the interest or other money earned, including through compounding, by the investment of funds;

(i) “licence” means a licence referred to in section 27 or 43, as the case may be;

(j) “mausoleum” means a structure wholly or partly above the level of the ground and designed for the burial or storage of dead human bodies;

(k) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

(l) “municipality” means a city, town, village, municipal district or Metis settlement or, in the case of an improvement district, the Minister responsible for the Municipal Government Act or, in the case of a special area, the Minister responsible for the Special Areas Act;

(m) “owner” means a person who owns, controls or manages a cemetery, crematory, columbarium or mausoleum, as the case may be;

(n) “perpetual care” means the preservation, improvement, embellishment and maintenance, in perpetuity and in a proper manner, of grave stones, grave markers, monuments, lots, plots, compartments, crypts or other space in a cemetery, or of compartments in a columbarium or mausoleum;

Page 49 of 164 RSA 2000 Section 2 CEMETERIES ACT Chapter C-3

(o) “perpetual care fund” means funds and property received by an owner for the purpose of providing perpetual care generally of a cemetery, columbarium or mausoleum, or of any particular part of a cemetery, columbarium or mausoleum, whether received

(i) under this Act, or

(ii) under the terms of a contract, trust or gift or otherwise,

and includes money deducted and set aside under section 33 and deposits made by an owner referred to in section 34;

(p) “pre-need assurance fund” means money held in trust under section 44 or 45;

(q) “pre-need contract” means a contract for the provision of cemetery supplies or cemetery services, or both, under which all or part of the cost of the cemetery supplies and cemetery services to be provided is paid before the death of the person for whose benefit the contract is entered into;

(r) “regulatory board” means a board established under section 60(1)(a) and the regulations;

(s) “religious auxiliary” means a corporation, society, committee or other organization that is sponsored, organized, established or set up by a religious denomination and controlled or supervised by, and operated as an instrument or auxiliary of, and in close connection with, that religious denomination;

(t) “religious denomination” means an organized society, association or body of religious believers or worshippers professing to believe in the same religious doctrines, dogmas or creed and closely associated or organized for religious worship or discipline or both;

(u) “seller” means a person who contracts to sell cemetery supplies or cemetery services, or both, under a pre-need contract.

(v) repealed 2001 c28 s5. RSA 2000 cC-3 s1;2001 c28 s5;2003 c19 s9

Application of Act 2 Except as by this Act otherwise expressly provided, this Act applies to every cemetery, crematory, columbarium or mausoleum in Alberta whenever established, laid out or constructed. RSA 1980 cC-2 s3

Page 50 of 164 RSA 2000 Section 3 CEMETERIES ACT Chapter C-3

New cemetery restrictions 3 No new cemetery may be established except by a religious auxiliary, religious denomination or municipality. RSA 1980 cC-2 s4

New columbarium or mausoleum 4 No new columbarium or mausoleum may be established except by a religious auxiliary, religious denomination or municipality. RSA 1980 cC-2 s5

Burial in approved cemetery 5 No person shall bury a dead human body in any place other than a cemetery in respect of which a final certificate of approval has been issued by the Director under this Act or the regulations. 1998 c10 s1(3)

Alternatives to burial 6 As an alternative to burial, the disposition of a dead human body may be

(a) by cremation in a crematory approved under this Act or the regulations,

(b) by placing the body for permanent interment in a mausoleum approved under this Act or the regulations,

(d) in accordance with the regulations. RSA 2000 cC-3 s6;2003 cP-19.5 s134 Part 1 Cemeteries

Maintenance of cemetery 7 The owner of a cemetery shall keep the cemetery in the manner required by the regulations and in good order and repair. RSA 1980 cC-2 s6

Vaults 8(1) The owner of a cemetery may erect, within the bounds of the cemetery, a chapel and vault or a vault alone for use as a repository for the dead during the winter months.

(2) The chapel and vault alone shall be of stone or brick or partly stone and partly brick, and all vault doors shall be of iron and wood encased in iron sheeting, and all vault windows shall be protected by iron-sheeted shutters.

Page 51 of 164 RSA 2000 Section 9 CEMETERIES ACT Chapter C-3

(3) There shall be no open connections between the vault and the chapel except underneath the floor for the reception of the coffin.

(4) This section applies in respect only of vaults constructed after April 11, 1960. RSA 1980 cC-2 s8

Mausoleum 9 A mausoleum may be constructed and maintained in any cemetery. RSA 1980 cC-2 s9

Rules re burials 10(1) The owner of a cemetery shall ensure that all burials within the cemetery are conducted in a decent manner, and for that purpose the owner may make rules for burials within the cemetery.

(2) In the case of a cemetery other than a cemetery owned by a religious denomination or a religious auxiliary, the owner shall permit the religious denomination to which the deceased belonged to perform the usual religious rites on the interment of the deceased. RSA 1980 cC-2 s11

Disinterment 11 Disinterment of a body shall not take place until a disinterment permit has been issued in accordance with section 42 of the Vital Statistics Act. RSA 2000 cC-3 s11;2007 cV-4.1 s80

Plots for indigents 12(1) Unless subsection (2) applies, the owner of a cemetery shall make plots in the cemetery available for the burial of unclaimed bodies and bodies of destitute or indigent persons.

(2) If the owner referred to in subsection (1) is a religious auxiliary or religious denomination, the obligation under subsection (1) applies only to the burial of deceased persons who were followers of the religious denomination.

(3) When a burial plot is made available under subsection (1), the owner of the cemetery may charge for the following:

(a) to provide the plot, 50% of the amount that would ordinarily be charged;

(b) for a grave liner if required by cemetery bylaws and for digging and backfilling the grave, the amount that would ordinarily be charged.

Page 52 of 164 RSA 2000 Section 13 CEMETERIES ACT Chapter C-3

(4) When the owner of a cemetery differentiates in its charge for the provision of the same plot on the basis of the place of residence of the person to be buried, then the lowest charge made for the plot is to be the amount ordinarily charged for the plot for the purposes of subsection (3)(a). RSA 1980 cC-2 s13;1998 c10 s1(5)

Plots for veterans 13 An owner of a cemetery shall make plots in the cemetery available as provided in section 12(3) and (4) to veterans as defined in the War Veterans Allowance Act (Canada) and the regulations under that Act. RSA 1980 cC-2 s13;1998 c10 s1(5)

Burial sites exempt from seizure 14 The real property of the owner of a cemetery that is used as a cemetery and the lots or plots when conveyed by the owner to individual proprietors for burial sites are not liable to be seized or sold in execution or under judgment or attached or applied to the payment of debt or passed to the assignee under any bankruptcy or insolvency law. RSA 1980 cC-2 s14

Exempt from Land Titles Act 15 When a lot or plot has been sold by the owner of a cemetery for a burial site, the conveyance or transfer need not be registered for any purpose whatever and is not affected by the Land Titles Act nor does any judgment, mortgage or encumbrance subsist on a lot or plot so conveyed or transferred. RSA 1980 cC-2 s15

Conveyance of plot 16 The conveyance of a burial lot or plot may be in any form prescribed under the regulations. RSA 1980 cC-2 s16

Ownership of site 17 All lots or plots in a cemetery when numbered and conveyed or transferred by the owner of the cemetery as burial sites are indivisible, but may afterwards be held and owned in undivided shares. RSA 1980 cC-2 s17

Recovery of interment space 18(1) In this section, “interment space” means a lot, plot, compartment, crypt or other space for the disposition of human remains in a cemetery, mausoleum or columbarium.

Page 53 of 164 RSA 2000 Section 19 CEMETERIES ACT Chapter C-3

(2) If interment space is sold by an owner, the Director, on the application of the owner, may by order cancel the conveyance and revest the interment space in the owner when the Director is satisfied on evidence verified by affidavit or otherwise that

(a) the interment space is not in use for interment,

(b) the owner has not heard from the purchaser of the interment space, or from that purchaser’s personal representative, for a period of 20 years, and

(c) the owner has made reasonable efforts to locate the purchaser of the interment space, or that purchaser’s personal representative, and has failed.

(3) An order under subsection (2) is subject to the condition that if the purchaser from whom the interment space is revested, or that purchaser’s personal representative, subsequently claims the interment space, the owner will

(a) pay to that purchaser an amount equal to the current market value of the revested interment space, or

(b) provide to that purchaser another interment space that is equal in value to the current market value of the revested interment space. RSA 1980 cC-2 s18;RSA 1980 c3(Supp) ss4,5;1998 c10 s1(6)

Crypts or compartments 19(1) The owner of a cemetery in which is situated a mausoleum may sell or otherwise dispose of crypts or compartments in the mausoleum for the entombment of bodies.

(2) When a crypt or compartment is sold or disposed of for the purpose of entombment, the conveyance or transfer need not be registered for any purpose whatever and is not affected by the Land Titles Act nor does any judgment, mortgage or encumbrance subsist on a crypt or compartment so conveyed or transferred. RSA 1980 cC-2 s19

Winding-up, liquidation and dissolution of cemetery companies 20(1) In this section and sections 21 to 23, “cemetery company” means a corporation that owns a cemetery and

(a) is incorporated under the Companies Act or the Cemetery Companies Act, or

(b) is incorporated or continued under the Business Corporations Act.

Page 54 of 164 RSA 2000 Section 21 CEMETERIES ACT Chapter C-3

(2) A cemetery company owned by a corporation incorporated under the Cemetery Companies Act may be dissolved or liquidated and dissolved only in accordance with Part 17 of the Business Corporations Act and this section.

(3) A cemetery company owned by a corporation incorporated under the Companies Act may be wound up only in accordance with Division 4 of Part 10 of the Companies Act and this section.

(4) A cemetery company owned by a corporation incorporated or continued under the Business Corporations Act may be dissolved or liquidated and dissolved only in accordance with Part 17 of the Business Corporations Act and this section.

(5) Notwithstanding any Act, any interested person has the right to apply to have a cemetery company wound up, dissolved or liquidated and dissolved.

(6) Notwithstanding any Act, a court may not order that a cemetery company be wound up, dissolved or liquidated and dissolved unless, in addition to the requirements set out in any other Act,

(a) the cemetery company is inactive or financially unable to provide perpetual care for the cemetery and either there are no perpetual care funds for the cemetery or its perpetual care funds are inadequate,

(b) the cemetery company is not maintaining the cemetery properly,

(d) a shortage in the perpetual care funds required to be set aside by this Act is shown by an annual financial report or otherwise, or

(e) the cemetery company has failed to establish and maintain a pre-need assurance fund as required in respect of pre-need contracts. RSA 1980 cC-2 s20;1981 cB-15 s284(1); RSA 1980 c3(Supp) ss4,5;1983 c37 s9;1998 c10 s1(7)

Effect of grant 21 If the application to wind up is granted by the Court, no further burials shall be made in any cemetery owned by the cemetery company and no person is entitled to compensation or the return of money paid for a lot, plot or other space in that cemetery

Page 55 of 164 RSA 2000 Section 22 CEMETERIES ACT Chapter C-3

unless the Court makes a direction in that regard pursuant to section 23(1)(b). RSA 1980 cC-2 s21

Sale of cemetery 22 Notwithstanding anything in the Companies Act, the Business Corporations Act or the Cemetery Companies Act,

(a) the liquidator of a cemetery company shall not sell a cemetery owned by the company except to a religious auxiliary, religious denomination or municipality or to another cemetery company, and

(b) the Court shall not grant an order for the release of the liquidator unless the Court is satisfied that all cemeteries owned by the company have been sold in accordance with clause (a). RSA 1980 cC-2 s22;1981 cB-15 s284(1)

Disposition of perpetual care funds 23(1) On the application of the liquidator, the Court shall order that the trust in respect of the perpetual care funds, if any, of the cemetery company be dissolved and on dissolution the funds shall be disposed of

(a) first, toward the payment of the costs of winding up, and

(b) second, in accordance with the directions of the Court.

(2) If there are no perpetual care funds or the funds are insufficient, the costs or the balance of the costs, as the case may be, of disinterment and re-burial of the bodies shall be paid by the Government out of the General Revenue Fund. RSA 1980 cC-2 s23;1998 c10 s1(37)

War graves 24(1) No owner of a cemetery, columbarium or mausoleum shall without the prior agreement of the Commonwealth War Graves Commission alter or move

(a) the remains or marker of a Commonwealth war burial, or

(b) any memorial erected by that Commission.

(2) An owner who seeks agreement under subsection (1) shall pay to the Commonwealth War Graves Commission any reasonable cost associated with reaching agreement. 1998 c10 s1(8)

Page 56 of 164 RSA 2000 Section 25 CEMETERIES ACT Chapter C-3

Resale of plot to owner of cemetery 25 If the owner of a cemetery sells a plot for a burial site and prohibits its resale on the open market and if the purchaser of the plot offers to sell the unused plot back to the owner of the cemetery, the owner of the cemetery shall

(a) purchase the plot, and

(b) pay a purchase price calculated in accordance with the regulations. 1998 c10 s1(8) Part 2 Crematories

Location of crematory 26 Subject to the regulations made under this Act and to any zoning bylaw or other bylaw of a municipality applicable to it, a crematory may be constructed, maintained and operated in any municipality and at any place in it, either in a cemetery or elsewhere. RSA 1980 cC-2 s25;1984 cP-27.1 s88

Licence for crematory 27(1) No human bodies shall be cremated in a crematory, and no crematory shall be maintained or operated, unless the owner of the crematory holds a licence for that purpose.

(2) A person who wishes to apply for a licence to maintain or operate a crematory or to have a licence renewed must apply to the Director in accordance with the regulations.

(3) A licence is valid for the period specified in the regulations or until it is suspended or cancelled by the Director pursuant to Part 5. RSA 1980 cC-2 s26;1998 c10 s1(9)

Operation of crematory 28 A crematory shall be maintained and operated in accordance with any regulations applicable to it made under this Act or any other Act of the Legislature, and in accordance with any municipal bylaws applicable to it. RSA 1980 cC-2 s28;1984 cP-27.1 s88

Fees for cremation 29(1) A person licensed under this Part is entitled to demand and receive payment of charges or fees for the cremation of human bodies in the crematory for the maintenance and operation of which the person holds a licence, but, if a table of charges or fees is

Page 57 of 164 RSA 2000 Section 30 CEMETERIES ACT Chapter C-3

established by regulations, the charges or fees shall be in accordance with that table.

(2) Any charges or fees, and any expenses, properly incurred in or in connection with the cremation of the body of a deceased person are deemed to be part of the funeral expenses of the deceased. RSA 1980 cC-2 s31

Registration of deaths, etc. 30(1) The statutes and regulations that govern registration of deaths and certificates of registration and any other provisions required to be observed before burial is permitted apply, with all necessary modifications, to cremation of human bodies.

(2) The statutes and regulations that govern registers of death and the admissibility of extracts from those registers as evidence in court or otherwise apply, with all necessary modifications, to a register of cremations kept as directed under the regulations. RSA 1980 cC-2 s32;1998 c10 s1(11)

Unclaimed remains 31 If the remains of a cremated body are not claimed within one year from the date of the cremation and if the owner of the crematory has been unable to arrange for disposal by a responsible relative of the deceased, the owner of the crematory may dispose of the remains at the owner’s own discretion in such a manner as not to be offensive or to create a nuisance. RSA 1980 cC-2 s33 Part 3 Perpetual Care Funds

Application of Part 32(1) This Part does not apply to a cemetery, columbarium or mausoleum that is owned and operated by a religious denomination, religious auxiliary or municipality.

(2) If the Minister is satisfied that a religious denomination, religious auxiliary or municipality owning a cemetery, columbarium or mausoleum does not also solely operate that cemetery, columbarium or mausoleum insofar as the sale of lots, plots, compartments, crypts or other space is concerned, the Minister may by order declare that this Part and Part 4 apply to that owner in respect of that cemetery, columbarium or mausoleum.

(3) Except as expressly provided in this Part, this Part does not apply

Page 58 of 164 RSA 2000 Section 33 CEMETERIES ACT Chapter C-3

(a) to a sale, lease or rental, or agreement to sell, lease or rent, a lot, plot, crypt, compartment or other space in a cemetery, columbarium or mausoleum if the sale, lease, rental or agreement was made before July 18, 1960, or

(b) to money paid or payable under any sale, lease, rental or agreement to which clause (a) applies. RSA 1980 cC-2 s35;1983 c37 s9;1998 c10 s1(13)

Perpetual care funds 33(1) When the owner enters into a contract for

(a) the sale, lease or rental of a lot, plot, compartment, crypt or other space in the owner’s cemetery, columbarium or mausoleum, or

(b) the sale by the owner of a grave stone, grave marker or monument,

the owner shall deduct and set aside for perpetual care such portion of the money paid as the consideration under the contract of sale, lease or rental as may be prescribed in the regulations.

(2) Every owner shall not less frequently than once in each month, pay over to an authorized trustee all money that the owner has deducted and set aside under subsection (1) since the last previous occasion on which the owner has paid over such money to an authorized trustee. RSA 1980 cC-2 s38;1998 c10 s1(37)

Minimum funds 34(1) Subject to subsection (2), the owner of a cemetery, columbarium or mausoleum shall maintain for each cemetery, columbarium or mausoleum owned by that owner a perpetual care fund consisting of a minimum amount that is not less than

(a) the initial amount prescribed by regulation to be set aside for each cemetery, columbarium or mausoleum owned by that owner, and

(b) the percentage or flat rate of each sale prescribed by regulation to be set aside.

(2) Where an owner purchases an existing cemetery, the Director may increase, reduce or waive the owner’s obligation under subsection (1) in regard to that cemetery, columbarium or mausoleum.

(3) Any deposit that is made by an owner with an authorized trustee or that before April 15, 1964 has been so made pursuant to

Page 59 of 164 RSA 2000 Section 35 CEMETERIES ACT Chapter C-3

the regulations in order to have the perpetual care funds in the minimum amount referred to in subsection (1) is part of the perpetual care funds.

(4) A deposit referred to in subsection (3) may be in the form of cash or of bonds of the Government of Canada or of any province or territory or bonds guaranteed by the Government of Alberta, but the income derived from the bonds belongs to the owner.

(5) Notwithstanding anything in section 33 or 35, when a deposit is made under subsection (3), the owner may recover the deposit when the perpetual care funds are in the amount of at least $30 000 either

(a) by requesting the return of the deposit when the perpetual care funds reach an amount at least equal to the sum of $30 000 plus the deposit, or

(b) by thereafter retaining money that would otherwise be required to be paid to an authorized trustee under section 33 until and to the extent that the money retained is equal to the sum of the deposit. RSA 1980 cC-2 s39;1998 c10 s1(16)

Funds in trust 35 Perpetual care funds paid over to an authorized trustee under section 33 shall not be returned to the owner, but shall form a trust in the hands of the authorized trustee for the purposes mentioned in this Act. RSA 1980 cC-2 s40;1998 c10 s1(37)

Investment 36(1) Subject to section 37 and the regulations, the authorized trustee shall invest, on behalf of the owner, all perpetual care funds received by the trustee from an owner only in accordance with the regulations.

(2) The authorized trustee shall, as may be prescribed by the regulations, pay to the owner the income derived from the investment of the owner’s perpetual care funds, less the amount of the remuneration for the services of the authorized trustee that the authorized trustee is authorized to deduct and retain for that purpose.

(3) Pending the investment of perpetual care funds, an authorized trustee may deposit them during such period as is reasonable in the circumstances in a bank or treasury branch.

Page 60 of 164 RSA 2000 Section 37 CEMETERIES ACT Chapter C-3

(4) The authorized trustee shall, for the purpose of its financial records, keep the money received under each perpetual care fund separate from any other money but may, for the purpose of investing in accordance with subsection (1), combine the money received under all perpetual care funds of the same owner. RSA 2000 cC-3 s36;2001 c28 s5;2006 c9 s6

Remuneration for services 37 An authorized trustee may, as remuneration for services rendered, deduct and retain in each year a reasonable administration fee from the income received in that year from money invested on behalf of an owner as provided in this Part. RSA 1980 cC-2 s42;1983 c37 s9;1998 c10 s1(18)

Reporting requirements 38 Each owner of a cemetery, columbarium or mausoleum shall provide to the Director in the form set by the Director information relating to each perpetual care fund maintained by that owner, including a statement from the authorized trustee in the form set by the Director. RSA 1980 cC-2 s43;RSA 1980 c3(Supp) s4;1998 c10 s1(19)

Required information 39 An owner shall from time to time furnish to the authorized trustee any information with respect to perpetual care funds that the authorized trustee may require. RSA 1980 cC-2 s45;1998 c10 s1(37)

Application of general law 40 In addition to the powers, rights and obligations created by this Act, the provisions of the general law, either statutory or otherwise, apply to an owner or authorized trustee with respect to perpetual care funds in the owner’s or authorized trustee’s hands to the same extent as they are applicable to a trustee having funds or property in the trustee’s hands for charitable purposes. RSA 1980 cC-2 s46;1998 c10 s1(37)

Annual returns 41 An owner of a cemetery, columbarium or mausoleum shall, if required by the Director,

(a) supply the Director with full and complete information on any matter pertaining to the ownership, financial affairs or operation of the cemetery, columbarium or mausoleum of the owner, and

Page 61 of 164 RSA 2000 Section 42 CEMETERIES ACT Chapter C-3

(b) keep and maintain at its principal place of business in Alberta the books and records pertaining to the cemetery, columbarium or mausoleum that the Director requires. RSA 1980 cC-2 s47;RSA 1980 c3(Supp) ss4,5;1998 c10 s1(20) Part 4 Pre-need Sale of Cemetery Supplies and Services

Application of Part 42 This Part does not apply when the owner of a cemetery is a religious denomination, religious auxiliary or municipality. 1998 c10 s1(21)

Licence to sell pre-need contract 43(1) In this section, “cemetery supplies” includes the sale, lease or rental of a lot, plot, compartment, crypt or other space in a cemetery, columbarium or mausoleum or in a proposed cemetery, columbarium or mausoleum.

(2) No person shall, unless that person holds a pre-need contract sales licence, solicit to enter or enter a pre-need contract

(a) under which that person promises to provide, or to arrange for the provision of, cemetery supplies or cemetery services, or both, or

(b) as an agent for another person who holds a pre-need contract sales licence.

(3) A person who wishes to apply for a pre-need contract sales licence or to have a licence renewed must apply to the Director in accordance with the regulations.

(4) A licence is valid for the period specified in the regulations or until it is suspended or cancelled by the Director pursuant to Part 5. 1998 c10 s1(21)

Seller to hold money in trust 44 A seller who enters into a pre-need contract holds all money paid under the contract in trust for the purposes for which it has been paid until

(a) the cemetery supplies and cemetery services listed in the contract have been provided in accordance with the contract, or

Page 62 of 164 RSA 2000 Section 45 CEMETERIES ACT Chapter C-3

(b) the money, or any unused portion of the money, and all income earned as a result of the investment of that money has been refunded to

(i) the person who made the payment or payments under the contract, or

(ii) the person for whose benefit the contract was entered into or that person’s personal representative. 1998 c10 s1(21)

Transfer of trust money to authorized trustee 45(1) Subject to subsection (2), money held in trust by a seller pursuant to section 44 must be transferred to an authorized trustee within the period set out in the regulations.

(2) Subsection (1) does not apply to money paid

(a) for the cost of any grave stone, grave marker or monument that is manufactured or inscribed within the period set out in the regulations, or

(b) to purchase interment space that exists for use at the time the contract is entered into.

(3) A seller may deduct an administration fee in accordance with section 46 from the money to be transferred under subsection (1) to an authorized trustee.

(4) The authorized trustee

(a) shall deposit money received under subsection (1) in a pre-need assurance fund, and

(b) may, subject to the regulations, invest the money only in accordance with the regulations.

(5) The authorized trustee shall, for the purpose of its financial records, keep the money received under each pre-need contract separate from any other money but may, for the purpose of investing in accordance with subsection (4), combine the money received under all pre-need contracts of the same seller.

(6) The financial records required under subsection (5) must show

(a) the amount of principal and income held in the pre-need assurance fund to the credit of each pre-need contract, and

(b) the name of the person for whose benefit the pre-need contract was entered into.

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(7) Money that is held in a pre-need assurance fund is not, while in the fund or being transferred to or from the fund, liable to demand, seizure or detention under any legal process. RSA 2000 cC-3 s45;2001 c28 s5;2006 c9 s6

Payment out of pre-need assurance fund 46(1) Money held in a pre-need assurance fund and any income earned as a result of the investment of that money must not be paid out of the fund by the authorized trustee except in accordance with this section and the regulations.

(2) When the cemetery supplies and cemetery services listed in a pre-need contract have been provided, all money and income held in a pre-need assurance fund to the credit of that pre-need contract shall be paid to the seller, on production by the seller of proof

(a) of the death of the person for whose benefit the contract was entered into, and

(b) that the cemetery supplies and cemetery services have been provided.

(3) A seller who has received money under a pre-need contract and has transferred the money to an authorized trustee under section 45(1) may charge an administration fee not exceeding the amount set out in the regulations on the date when

(a) the cancellation period under section 67 expires, or

(b) the pre-need contract is cancelled after the expiry of the cancellation period under section 67.

(4) A seller who charges an administration fee shall elect as set out in the regulations whether every administration fee on every pre-need contract that the seller enters into will be charged in accordance with subsection (3)(a) or in accordance with subsection (3)(b).

(5) If no administration fee has been deducted under section 45(3), an authorized trustee shall pay from the money and income held in a pre-need assurance fund any administration fee owing to a seller. 1998 c10 s1(21)

Use of investment income 47(1) Notwithstanding any agreement to the contrary, a seller who, in the period commencing on May 1, 1962 and ending on November 30, 1998, entered into a pre-need contract that specifically permits the seller to retain income earned by the investment of the funds received under the contract shall not withdraw any of that income from trust until 19

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(a) the contract is cancelled, or

(b) the cemetery supplies and cemetery services listed in the contract have been provided in accordance with the contract.

(2) A seller who enters into a pre-need contract after November 30, 1998 must hold the income earned by the investment of funds received under the contract in trust in accordance with section 44. 1998 c10 s1(21)

Reporting to Director 48 Each seller must provide to the Director in the form set by the Director information relating to each pre-need assurance fund maintained by that seller, including a statement from the authorized trustee in the form set by the Director. 1998 c10 s1(21) Part 5 Director

Appointment of Director 49(1) The Minister may appoint a person to act as the Director for the purposes of this Act and the regulations.

(2) The Director may delegate in writing to any person under the Minister’s administration any power, duty or function conferred or imposed on the Director by this Act or the regulations.

(3) The Director may, when delegating a matter, authorize the further delegation of the matter.

(4) A delegation may be made subject to any terms and conditions that the Director considers appropriate. 1998 c10 s1(21)

Duties relating to approvals 50(1) The Director is authorized to receive applications for

(a) provisional approval of

(i) the operation or establishment of a cemetery, or

(ii) any alteration in the size of an existing cemetery,

(b) a final certificate of approval for

(i) the operation or establishment of a cemetery, or

(ii) any alteration in the size of an existing cemetery,

Page 65 of 164 RSA 2000 Section 51 CEMETERIES ACT Chapter C-3

(d) permission to alter an approved plan for a mausoleum or columbarium.

(2) The Director may grant any approval or permission applied for under subsection (1) if the applicant meets all of the requirements for that approval or permission set out in the regulations. 1998 c10 s1(21)

Duties relating to licences 51(1) The Director is authorized to receive applications for the issuance or renewal of licences.

(2) The Director may issue a licence if the applicant meets all of the requirements for that licence set out in the regulations and may issue the licence subject to conditions.

(3) The Director may renew a licence if the applicant meets all of the requirements for renewal of that licence set out in the regulations and may renew the licence subject to conditions.

(4) The Director may refuse to issue or renew a licence

(a) for any of the reasons set out in the regulations, or

(b) if, in the Director’s opinion, it is not in the public interest to issue or renew the licence.

(5) The Director may suspend or cancel a licence

(a) if the licensee contravenes this Act or the regulations,

(b) for any of the reasons set out in the regulations, or

(6) When the Director refuses to renew a licence or makes a decision to suspend or cancel a licence, the Director may also, by written order, do any or all of the following:

(a) assign to another licensee any pre-need contracts entered into by the licensee;

(b) prohibit the licensee from continuing to carry out the activities authorized by the licence, subject to any terms and conditions set out in the order;

Page 66 of 164 RSA 2000 Section 52 CEMETERIES ACT Chapter C-3

(d) prohibit the licensee who committed the act or omission that resulted in the suspension or cancellation or who directed, authorized, assented to, acquiesced in or participated in the act or omission from so acting, subject to any terms and conditions set out in the order.

(7) Where the Director issues or renews a licence subject to conditions or refuses to issue or renew a licence, the Director must notify the applicant in writing of the decision and the reasons for the decision.

(8) Where the Director suspends or cancels a licence, the Director must notify the licensee in writing of the decision and the reasons for the decision. 1998 c10 s1(21)

Appeal 52(1) A person

(a) who has been refused a licence or renewal of a licence,

(b) whose licence is made subject to conditions,

(d) to whom an order under section 51(6) has been issued, or

(e) to whom an order under section 56 has been issued,

may appeal the decision by serving the Minister with a notice of appeal within 30 days after being notified of the Director’s decision.

(2) The Minister shall, within 30 days after being served with a notice of appeal under subsection (1), appoint an appeal board to hear the appeal.

(3) An appeal board shall consist of the following members:

(a) a person designated by the Minister as chair of the appeal board, and

(b) not fewer than 2 and not more than 4 other persons.

(4) The following persons shall not be members of an appeal board:

Page 67 of 164 RSA 2000 Section 52 CEMETERIES ACT Chapter C-3

(a) the Director;

(b) a delegate, agent or employee of the Director;

(5) Notwithstanding subsection (3), the Minister may designate a board or commission established by or under an Act of the Legislature to act as an appeal board under this section, and in that case, references in this section to an appeal board are deemed to be references to that board or commission.

(6) The Minister may set the time within which an appeal board is to hear an appeal and make a decision, and may extend that time.

(7) An appeal board that hears an appeal under this section may, by order, do any one or more of the following:

(a) confirm or quash the decision;

(b) direct that the licence be issued or that the licence be renewed;

(d) substitute a suspension for a cancellation or a cancellation for a suspension;

(e) add, vary or delete conditions on a licence;

(f) add, vary or delete any measure that may be ordered under section 56;

(g) order the appellant to pay all or part of the investigation costs;

and may make the order subject to any terms and conditions it considers appropriate.

(8) An appeal board may order that the costs of the appeal are to be paid by the appellant.

(9) Fees and reasonable living and travelling expenses may be paid to the members of an appeal board in accordance with the regulations.

(10) The Director or a person who appeals to an appeal board under subsection (1) may appeal the decision of the appeal board by filing an application with the Court of Queen’s Bench within 30 days after being notified in writing of the decision of the appeal

Page 68 of 164 RSA 2000 Section 53 CEMETERIES ACT Chapter C-3

board, and the Court may make any order that an appeal board may make under subsection (7).

(11) Where a licence is refused, suspended or cancelled or an order under section 51(6) is issued by a regulatory board instead of the Director, the regulatory board has the right of appeal under subsection (10) as if it were the Director. RSA 2000 cC-3 s52;2009 c53 s31

Investigation and inquiry 53(1) The Director, or a person authorized in writing by the Director, may on complaint of a person interested or, when the Director considers it necessary, without complaint, investigate and inquire into any matter the investigation of which the Director considers expedient for the due administration of this Act.

(2) The person making the investigation may at all reasonable times demand the production of and inspect all or any of the books, documents, papers, correspondence and records relating to the operation of the cemetery, and any person who has the custody, possession or control of any of those books, documents, papers, correspondence or records shall produce them and permit the inspection of them by the person making the investigation. RSA 1980 cC-2 s48;RSA 1980 c3(Supp) ss4,5;1996 c29 s2

Seizure of records 54(1) The person making the investigation may seize and take possession of any books, documents, papers, correspondence or records of the person in respect of whom the investigation is being made.

(2) If within 30 days after the date of a seizure under subsection (1) no prosecution is instituted against the person whose affairs are being investigated, the thing seized shall forthwith be returned to the person. RSA 1980 cC-2 s49;1996 c29 s2

Powers in investigations 55 In addition to the powers conferred by sections 53 and 54, the person making the investigation has, for the purpose of the investigation, all the powers of a commissioner under the Public Inquiries Act. RSA 1980 cC-2 s50;1996 c29 s2

Act, regulations contravened 56 If, in the opinion of the Director, an owner or salesperson is contravening or has contravened this Act or the regulations, or any form, form of agreement or form of letter is misleading or contains

Page 69 of 164 RSA 2000 Section 57 CEMETERIES ACT Chapter C-3

a term that misrepresents or contravenes this Act or the regulations, the Director may issue an order directing that owner or salesperson

(a) to stop engaging in any practice that is described in the order, and

(b) to take any measures specified in the order, within the time specified in the order, that, in the opinion of the Director, are necessary to ensure that this Act or the regulations are complied with. 1998 c10 s1(23)

Enforcement of Director’s orders 57(1) Whether or not a person is prosecuted under this Act, if the Director is of the opinion that that person is not complying or has not complied with an order of the Director under section 51(6) or 56, the Director may apply to the Court of Queen’s Bench for an order directing that person to comply with the order.

(2) Repealed 2009 c53 s31.

(3) On the filing of an application with the clerk of the Court, the Court may, if it considers it necessary in the circumstances, make an interim order granting the relief that the Court considers appropriate pending the determination of the application.

(4) An interim order under subsection (3) may be made ex parte if the Court considers it appropriate in the circumstances.

(5) On hearing an application the Court may, if it is of the opinion that the person is not complying or has not complied with the order, grant an order, subject to any terms and conditions that the Court considers appropriate in the circumstances, doing one or more of the following:

(a) directing the person to comply with the order of the Director;

(b) giving directions that the Court considers necessary in order to ensure that the order of the Director will be complied with;

Director’s ability to disclose information 58(1) The Director may disclose any information relating to

(a) the refusal, cancellation or suspension of a licence issued under this Act, or

Page 70 of 164 RSA 2000 Section 59 CEMETERIES ACT Chapter C-3

(b) a disciplinary action taken under this Act.

(2) If there is an inconsistency or conflict between subsection (1) and a provision of the Freedom of Information and Protection of Privacy Act, subsection (1) prevails. 1998 c10 s1(23)

Settlement 59 If in the course of an investigation or inquiry under this Act the Director discovers that a person has contravened this Act or the regulations, the Director may enter into a settlement of the matter with the person where in the Director’s opinion it is in the public interest to do so, subject to any terms and conditions that the Director considers appropriate, including payment of all or part of the investigation costs by the person. 1998 c10 s1(23) Part 6 Regulatory Board

Establishment of regulatory board 60(1) The Minister may make regulations

(a) providing for the establishment of a regulatory board to exercise the powers and perform the duties and functions delegated to it under section 61(1);

(b) providing for the appointment and removal of the members of a regulatory board including, without limitation, the number of members, the method of appointment of members, the terms of office of members and the filling of vacancies.

(2) Notwithstanding subsection (1), the Minister may by regulation designate any board established under any Act of the Legislature to be a regulatory board for the purposes of this Act.

(3) A regulatory board may make bylaws

(a) respecting the conduct of the business and affairs of the board;

(b) respecting the calling of meetings of the board and the conduct of business at those meetings;

(c) respecting the appointment, removal, powers, duties, functions, remuneration and benefits of members, officers and employees of the board;

Page 71 of 164 RSA 2000 Section 61 CEMETERIES ACT Chapter C-3

(d) delegating to the officers of the board or any committee of it any powers of the board required to manage the business and affairs of the board, except the power to make bylaws;

(e) respecting the establishment, membership, duties and functions of special, standing and other committees.

(4) A bylaw made by a regulatory board is not effective until it is approved by the Director.

(5) The Regulations Act does not apply to a bylaw of a regulatory board. 1998 c10 s1(23)

Delegation to regulatory board 61(1) The Director may by notice in writing to a regulatory board

(a) delegate to the regulatory board any or all of the Director’s powers, duties or functions under this Act and the regulations, and

(b) impose any conditions on the regulatory board’s exercise of the delegated powers and performance of the delegated duties or functions that the Director considers appropriate.

(2) The Director may, when delegating a matter under subsection (1), authorize the further delegation of the matter.

(3) The Director may amend or revoke a notice referred to in subsection (1).

(4) Where the Director makes a delegation under subsection (1), a reference in this Act or the regulations to the Director with respect to the delegated power, duty or function is to be read as if it were a reference to the regulatory board to which the delegation was made. 1998 c10 s1(23)

Payment for services of regulatory board 62(1) The Minister may make regulations respecting

(a) the collection of fees by a regulatory board on the Government’s behalf and their remittance to the Minister, and

(b) the payment of a commission to a regulatory board for its services under this subsection.

(2) Notwithstanding subsection (1)(b), a regulatory board may, in accordance with the regulations, levy an assessment on licensees

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and owners of cemeteries for the purpose of enabling the board to carry out the powers, duties and functions delegated to it under section 61(1). RSA 2000 cC-3 s62;2006 c23 s17

Establishment of claims fund 63(1) A regulatory board may create a fund to be used for the following purposes:

(a) to pay claims of persons who have suffered loss or damage arising out of the operation by a licensee of a business to which this Act applies or of a cemetery;

(b) any other purpose authorized by the regulations.

(2) Subject to the regulations, the regulatory board may levy an assessment on licensees and owners of cemeteries for the purposes of the fund.

(3) A regulatory board is deemed to hold all money collected under subsection (2) in trust and shall immediately deposit that money in a trust account in a bank, treasury branch, trust corporation, loan corporation or credit union in Alberta or in a corporation designated in the regulations, separate and apart from any other money of the regulatory board.

(4) Notwithstanding subsection (3), a regulatory board may pay the administrative costs associated with the fund out of the income earned as a result of the investment of the money in the fund.

(5) If the income earned as a result of the investment of the money in the fund is insufficient to pay the administrative costs associated with the fund, the regulatory board may levy an assessment on licensees and owners of cemeteries in accordance with the regulations.

(6) The Minister may make regulations

(a) respecting purposes for which the money in a fund established under this section may be used in addition to the purpose referred to in subsection (1)(a);

(b) respecting the levying of assessments for the purposes of subsections (2) and (5);

(d) respecting the protection, by insurance or other means, of the money in a fund against claims or losses;

Page 73 of 164 RSA 2000 Section 64 CEMETERIES ACT Chapter C-3

(e) respecting the administration of a fund;

(f) requiring a regulatory board to provide a report to the Minister and respecting the nature and contents of that report and the times at which it must be provided;

(g) respecting the kinds of claims that may be paid from a fund and the conditions to be met before any claim is paid from a fund;

(h) respecting the limits of liability of a fund;

(i) respecting the time within which claims against a fund must be made;

(j) providing for the recovery by the regulatory board from a licensee of any amount paid from the fund to a claimant in respect of a claim against that licensee for loss or damage arising out of the operation by the licensee of a business to which this Act applies;

(k) respecting the winding-up of a fund. RSA 2000 cC-3 s63;2001 c28 s5

Confidentiality 64 No person shall, without the written consent of the Director, disclose any information obtained in the course of exercising a delegated authority under this Act. 1998 c10 s1(23) Part 7 General

Regulations 65(1) The Minister may make regulations

(a) respecting the cremation of bodies of deceased human beings, and the location, construction, maintenance and operation of crematories and columbaria, and the disposal of unclaimed ashes;

(b) respecting the plans, surveys, arrangements, condition, care, sale and conveyance of lots, plots, mausolea and other cemetery grounds and property;

(c) respecting the location, construction, maintenance and operation of cemeteries and the approval of the location of proposed cemeteries;

Page 74 of 164 RSA 2000 Section 65 CEMETERIES ACT Chapter C-3

(d) respecting the erection, arrangement and removal of tombs, vaults, monuments, grave stones, markers, copings, fences, hedges, shrubs, plants and trees in cemeteries;

(e) respecting the depth to which graves must be dug;

(f) requiring persons selling cemetery lots or plots or selling space in a columbarium or mausoleum to be bonded or insured and fixing the amount and type of bond or insurance that is to be furnished or carried by any of those persons, and prescribing to whom the bond is to be furnished or the proof of insurance that is to be furnished and to whom it is to be furnished;

(g) requiring owners of cemeteries to permit the planting, installation and erection of cemetery supplies by owners of lots and any other persons and on any conditions as may be prescribed by the regulations;

(h) defining cemetery supplies and cemetery and crematory services for the purposes of the regulations;

(i) governing and regulating the charges for the sale and care of lots and plots and for cemetery supplies and cemetery and crematory services;

(j) regulating or restricting or prohibiting the sale or offering for sale of cemetery lots or plots or space in a mausoleum or columbarium in accordance with the intent of this Act, and prescribing the method, manner and conditions under which lots and plots in cemeteries and space in a mausoleum or columbarium may be sold or offered for sale;

(k) governing the calculation of a resale price under section 25;

(l) respecting the collection, amounts to be collected and investment of funds for perpetual care and maintenance of cemeteries, columbaria or mausolea, where not provided for or insufficiently provided for in this Act;

(m) requiring the filing or registration of plans of cemeteries with the Minister and prescribing the contents and details of the plans and requiring that burials be made in accordance with the plans;

(n) requiring that the bylaws, rules or regulations made by the owners of cemeteries, columbaria and mausolea be approved by the Minister;

Page 75 of 164 RSA 2000 Section 65 CEMETERIES ACT Chapter C-3

(o) requiring cemetery, columbarium and mausoleum owners to supply financial and other information prescribed by the regulations to owners of lots and plots in the cemetery and to purchasers of space in columbaria and mausolea and to any other persons that the regulations prescribe;

(p) respecting the initial amount of a perpetual care fund that must be set aside for a cemetery, columbarium or mausoleum;

(p.1) respecting the investment of

(i) perpetual care funds for the purpose of section 36(1), and

(ii) trust money for the purpose of section 45(4)(b);

(q) specifying the flat rate or percentage of money received on the sale of a lot or plot in a cemetery or space in a columbarium or mausoleum that is to be set aside in the perpetual care fund by the owner;

(r) requiring and prescribing financial information in connection with perpetual care funds, governing the times at which the financial information is to be submitted to the Director and prescribing any other statements and certificates that are to accompany the information;

(s) requiring and prescribing records in connection with the establishment, maintenance and operation of cemeteries, columbaria and mausolea to be kept by the owners and prescribing the times at which the records are to be submitted to the Minister and the information that is to accompany the records;

(t) respecting disclosure requirements governing pre-need contracts, including cancellation and refund policies, listing of goods and services to be provided and the description of other goods or services that may be required;

(u) governing the period within which a seller must transfer to an authorized trustee money held in trust under a pre-need contract;

(v) governing the period within which any grave stone, grave marker or monument must be manufactured or inscribed for the purposes of the exemption under section 45(2)(a);

(w) respecting the requirements and procedures governing payment out by an authorized trustee of money held in a

Page 76 of 164 RSA 2000 Section 65 CEMETERIES ACT Chapter C-3

pre-need assurance fund under section 45 and any income earned as a result of the investment of that money;

(x) governing the calculation of an administration fee under section 46(3) and setting a maximum administration fee that may be charged;

(y) specifying the form and manner in which an election under section 46(4) is to be made, including to whom notice of an election must be given, the form of the notice and whether and how an election may be changed;

(z) respecting the requirements and procedures governing refunding by a seller of money held in trust under section 44 and all income earned as a result of investment of that money;

(aa) requiring and prescribing financial information in connection with pre-need assurance funds, governing the times at which the financial information is to be submitted to the Director and prescribing any other statements and certificates that are to accompany the information;

(bb) requiring and prescribing the submission to the Registrar of Vital Statistics, by persons in charge of cemeteries, mausolea and crematories, of periodic returns, covering burials or interments or cremations;

(cc) providing for the issuance and renewal of licences, including the form of the application and the setting of fees for the issuance and renewal of licences, and specifying the requirements to be met by applicants for licences or for renewal of licences;

(dd) respecting the reasons for which the Director may suspend or cancel a licence or refuse to issue or renew a licence;

(ee) governing the duration of licences;

(ff) providing for any matter not provided for in this Act and relating to the filing and approval of forms of contracts for the sale of lots, plots, compartments, crypts or space in a cemetery, columbarium or mausoleum;

(gg) respecting the payment of fees and reasonable living and travelling expenses to members of an appeal board appointed under section 52;

(hh) respecting settlements under section 59, including the kind of settlement undertakings that may be entered into, records

Page 77 of 164 RSA 2000 Section 65 CEMETERIES ACT Chapter C-3

of undertakings, the procedure to vary or cancel an undertaking, and the effect of variation or cancellation of an undertaking;

(ii) governing the accounting by an administrator of the administrator’s administration pursuant to section 66(7);

(jj) respecting any matter in connection with any proceedings referred to in sections 20 to 23;

(kk) providing for any matter arising out of a declaration made by the Minister under section 32(2);

(ll) respecting the licensing of cemeteries, crematories, columbaria and mausolea, and setting the licence fees;

(mm) classifying cemeteries, crematories, columbaria and mausolea;

(nn) respecting the burial or other disposition and cost of burial or other disposition of the bodies of destitute or indigent persons;

(oo) respecting the disposal of fetuses and the bodies of newborn infants who have died, subject in each case to the parents’ or guardians’ request, and defining newborn infant for the purposes of the regulations;

(pp) prescribing the location, construction, maintenance and operation of public mausolea or of any specified public mausoleum, the prohibition of the construction of any building, erection or structure intended to be used as a mausoleum and the prohibition of the future reception of corpses into any mausoleum;

(qq) prescribing forms for the purposes of this Act;

(rr) designating a corporation for the purposes of section 1(a) and 63(3);

(ss) to resolve disputes about the disposition of human remains or cremated human remains;

(tt) to resolve disputes about eligibility for plots under section 12;

(uu) respecting the procedure to be used to resolve a dispute between the Commonwealth War Graves Commission and the owner of a cemetery, columbarium or mausoleum;

Page 78 of 164 RSA 2000 Section 66 CEMETERIES ACT Chapter C-3

(vv) respecting the delegation of all or part of the Director’s powers, duties or functions under this Act or regulations to a regulatory board;

(ww) governing assessments levied by regulatory boards under section 63(2);

(xx) respecting the disposition of pre-need contracts where it is clear that alternative arrangements have been made for provision of the cemetery supplies or cemetery services or both;

(yy) specifying the period within which a notice of cancellation must be given under section 67(2);

(zz) respecting any other matters and things not provided for in this Act or insufficiently provided for as is considered advisable to carry out the intent of this Act.

(2) The Lieutenant Governor in Council may exempt any cemetery, crematory, columbarium or mausoleum or its owner from the operation of all or any provisions of this Act or the regulations and may prescribe conditions for the exemption.

(3) If regulations under the Alberta Public Agencies Governance Act apply in respect of the payment of fees and expenses to members of an appeal board, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations made under subsection (1)(gg). RSA 2000 cC-3 s65;2001 c28 s5;2007 cV-4.1 s80;2009 cA-31.5 s31

Appointment of administrator 66(1) This section applies only in cases where the owner of a cemetery, mausoleum or columbarium is a company incorporated under the Companies Act or the Cemetery Companies Act or is incorporated or continued under the Business Corporations Act.

(2) If

(a) the owner for any reason is not maintaining a cemetery, mausoleum or columbarium owned by the owner properly or as required by a contract under which the owner undertook to provide perpetual care,

(b) the owner is not meeting the owner’s financial obligations in the operation of the cemetery, mausoleum or columbarium,

(c) there is found, on review of financial information provided by an owner or otherwise, a shortage in the perpetual care

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funds required to be set aside under this Act for perpetual care of a cemetery, mausoleum or columbarium, or

(d) the owner of a cemetery has contravened any of the provisions of Part 4,

the Minister may appoint a qualified person as administrator of the cemetery, mausoleum or columbarium, as the case may be, and prescribe the administrator’s powers and duties.

(3) During the term of the appointment of an administrator under this section

(a) the administrator shall operate and maintain the cemetery, mausoleum or columbarium;

(b) the administrator is deemed to be the owner of the cemetery, mausoleum or columbarium for the purposes of this Act, with power to give a discharge to the authorized trustee for any part of the perpetual care funds that may be required to maintain it, but has no power to sell the cemetery, mausoleum or columbarium;

(c) the administrator shall take possession of the cemetery, mausoleum or columbarium and all records and accounts of the owner pertaining to it and to the perpetual care funds and any pre-need assurance fund;

(d) the owner shall cease to operate the cemetery, mausoleum or columbarium, and shall, on demand, deliver to the administrator the records and accounts referred to in clause (c) and shall provide any other assistance to the administrator that the administrator reasonably requires;

(e) the persons employed by the owner to operate and maintain the cemetery, mausoleum or columbarium become employees of the administrator;

(f) the administrator may

(i) sell, lease or rent or agree to sell, lease or rent lots, plots, crypts, compartments or other space in the cemetery, mausoleum or columbarium, other than on a pre-need basis,

(ii) keep, maintain and use any money received pursuant to subclause (i) and not required to be paid to an authorized trustee, for purposes incidental to or in connection with the operation and maintenance of the cemetery,

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mausoleum or columbarium and to pay the administrator’s remuneration and expenses, and

(iii) make the administrator’s own banking arrangements in respect of accounts for that money.

(4) The Minister shall prescribe the remuneration to be paid to the administrator.

(5) If the money received by the administrator pursuant to subsection (3)(f) is insufficient to pay the costs incurred in the operation and maintenance of the cemetery, mausoleum or columbarium and for the administrator’s remuneration and expenses, the President of Treasury Board and Minister of Finance shall, on the requisition of the Minister from time to time advance money to the administrator for the purposes of enabling the administrator to meet obligations as they become due, in such amounts as the Minister directs but on such terms as to repayment and interest as the President of Treasury Board and Minister of Finance may direct.

(6) Money advanced to the administrator pursuant to subsection (5)

(a) may be paid from the General Revenue Fund in the event that no money or insufficient money was voted by the Legislature for that purpose, and

(b) constitutes a debt owing by the cemetery company to the Crown in right of Alberta.

(7) When the appointment of an administrator is terminated,

(a) the administrator shall give up to the owner the possession of the cemetery, mausoleum or columbarium and the records and accounts pertaining to it and to the perpetual care funds and any pre-need assurance fund;

(b) the administrator shall make an accounting of the administrator’s administration to the Minister and to the owner in accordance with the regulations. RSA 2000 cC-3 s66;2006 c23 s17;2013 c10 s32

Rescission of sales contract 67(1) A person may without any reason cancel

(a) a pre-need contract that the person has entered into for the purpose of purchasing cemetery supplies or cemetery services, or both, or

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(b) a contract that the person has entered into for the purpose of purchasing or leasing a lot, plot, compartment, crypt or other space in an existing or proposed cemetery, columbarium or mausoleum for future use by any person,

by giving a notice of cancellation in accordance with this section within the period specified in the regulations.

(2) A notice of cancellation under this section is sufficient if, however expressed, it indicates the intention to cancel, terminate or withdraw from the contract.

(3) A notice of cancellation under this section may be given by delivering it or sending it by mail

(a) to the owner of the cemetery, columbarium or mausoleum or seller at the address shown in the contract, or

(b) if no address is shown in the contract,

(i) to any salesperson acting on behalf of the owner of the cemetery, columbarium or mausoleum or seller,

(ii) to any address of the owner of the cemetery, columbarium or mausoleum or seller known to the purchaser or lessee, or

(iii) to the Minister at Edmonton.

(4) For the purposes of this section, a notice of cancellation sent by mail is deemed to be given at the time it is mailed. RSA 1980 cC-2 s63;1983 c37 s9;1996 c29 s2;1998 c10 s1(28); 1999 c26 s2

Effect of cancellation of contract 68(1) A notice of cancellation given in accordance with section 67 operates to cancel the contract as if the contract never existed.

(2) A notice of cancellation given in accordance with section 67 also operates to cancel

(a) any related transaction,

(b) any guarantee given in respect of money payable under the contract, and

(c) any security given by the cancelling party or guarantor in respect of money paid under the contract, as if the contract never existed. RSA 1980 cC-2 s64

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Refund 69 The owner of the cemetery, columbarium or mausoleum or seller shall, within 15 days after the giving of the notice of cancellation in accordance with section 67, refund to the party cancelling the contract all money paid under the contract and any related transaction. RSA 1980 cC-2 s65;1998 c10 s1(29)

Contracts entered into through direct contact 70(1) In this section and in section 71, “cemetery supplies” includes the sale, lease or rental of a lot, plot, compartment, crypt or other space in a cemetery, columbarium or mausoleum or in a proposed cemetery, columbarium or mausoleum.

(2) No person shall, by telephoning or appearing in person at the home of an individual,

(a) enter into a contract with that individual for the provision of cemetery services or cemetery supplies or both,

(b) offer to enter into a contract with that individual for the provision of cemetery services or cemetery supplies or both,

(c) offer to make an appointment for the purpose of entering into a contract with that individual for the provision of cemetery services or cemetery supplies, or both, or

(d) solicit in any other way the entering into of a contract with that individual for the provision of cemetery services or cemetery supplies or both.

(3) Subsection (2) does not apply to any presentation relating to the provision of cemetery services or cemetery supplies, or both, made at an individual’s home where the individual has requested the presentation.

(4) A person may solicit an individual to enter into a contract for the provision of cemetery services or cemetery supplies, or both, by any means not prohibited by subsection (2), including solicitation by mail, advertising in the media or Internet communication.

(5) This section applies to any person who represents or advertises for the purpose of selling a contract of life insurance under the Insurance Act that the proceeds of that insurance

(a) will pay in whole or in part for specified cemetery services or cemetery supplies, or both, or

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(b) will be paid by assignment to a seller or an owner of a cemetery, columbarium or mausoleum as beneficiary.

(6) This section does not apply to any person who is licensed under the Consumer Protection Act to sell grave stones, grave markers, monuments or bases except when the person sells them under a pre-need contract. RSA 2000 cC-3 s70;2017 c18 s1(24)

Unfair practices 71(1) It is an unfair practice for any person before, after or while dealing with an individual in relation to a contract for the provision of cemetery services or cemetery supplies or both,

(a) to exert undue pressure or influence on the individual to enter into the contract,

(b) to take advantage of the individual as a result of the individual’s inability to understand the character, nature, language or effect of the contract or any matter related to the contract,

(c) to enter into the contract if the salesperson knows or ought to know that there is no reasonable probability that the individual is able to pay the full price for the cemetery services or cemetery supplies, or both, listed in the contract,

(d) to represent that the cemetery services or cemetery supplies, or both, provided for in the contract are required by law or under the bylaws of a cemetery, mausoleum, columbarium or crematorium when that is not the case, or

(e) to carry out any activity that is designated in the regulations as an unfair practice.

(2) No person shall commit an unfair practice.

(3) An unfair practice may occur even if no contract for the provision of cemetery services or cemetery supplies is entered into or concluded. 1998 c10 s1(30)

Void contracts 72 Any term of a contract entered into on or after June 1, 1996 for the sale, lease or rent of an existing or proposed lot, plot, compartment, crypt or other space in a cemetery, columbarium or mausoleum that

(a) misrepresents the obligations or liabilities of the parties to the contract,

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(b) is misleading as to its true nature or purpose, or

is void and severable from the contract. 1998 c10 s1(30)

Validity of sale 73 A contract under this Act is void unless

(a) it is signed by the purchaser or lessee,

(b) it states the name of the salesperson and the name of any owner for whom the salesperson is acting,

(c) it contains a notice in the prescribed form and the notice is at least as prominent as the contents of the contract, and

(d) a copy of the contract is received by the purchaser or lessee, by personal delivery or by mail, within 7 days after the day the contract was signed by the purchaser or lessee. RSA 1980 cC-2 s66;1998 c10 s1(31)

Consent to transfer of cemetery 74(1) Land used for a cemetery, columbarium or mausoleum shall not be sold, transferred, mortgaged, pledged, hypothecated, charged or encumbered by the owner or any person having an interest in it, except with the consent of the Director and in accordance with any conditions imposed by the Director.

(2) A sale, transfer, mortgage, pledge, hypothecation, charge or encumbrance made in contravention of subsection (1) and after April 15, 1974 is void. RSA 1980 cC-2 s67;RSA 1980 c3(Supp) s4;1998 c10 s1(32)

Penalty for fouling water supply 75(1) The owner of a cemetery who at any time causes or suffers to be brought to, or to flow into, any river, spring, well, stream, canal, reservoir, aqueduct, lake, pond or watering place, any offensive matter from the cemetery whereby the river, spring, well, stream, canal, reservoir, aqueduct, lake, pond or watering place is fouled is guilty of an offence.

(2) In addition to the penalty provided by this Act and in addition to any other remedy existing by law, a person having the right to use the water may sue the owner of the cemetery for any damage specially sustained by the person by reason of the water being fouled.

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(3) If in the action no special damage is alleged or proved, the Court shall award a sum not exceeding $250 for every day during which the fouling has continued after the expiration of 24 hours from the time when a notice of the fouling was served, by the person mentioned in subsection (2), on the owner of the cemetery. RSA 1980 cC-2 s68;1998 c10 s1(34)

Penalties for offences 76 A person who

(a) wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, grave stone or other structure placed in a cemetery, or a fence, railing or other work for protection or ornament of a cemetery or of a tomb, monument, grave stone or other structure or a cemetery lot within a cemetery,

(b) wilfully destroys, cuts, breaks or injures any tree, shrub or plant in a cemetery,

(d) wilfully and unlawfully disturbs persons assembled for the purpose of burying a body in a cemetery, or

(e) commits a nuisance in a cemetery,

is guilty of an offence. RSA 1980 cC-2 s69;1998 c10 s1(35)

Offence 77(1) A person who contravenes a provision of this Act for which no express penalty is provided or a provision of a regulation made under this Act is guilty of an offence and liable to a fine of not less than $500 and not more than

(a) $100 000, or

(b) an amount equal to 3 times the amount obtained by the person as a result of the offence,

whichever is greater, or to imprisonment for not more than 2 years or to both a fine and imprisonment.

(2) Each day that a contravention continues constitutes a separate offence, but the total term of imprisonment that may be imposed on a person in respect of a continuing offence may not exceed 2 years.

(3) When a corporation commits an offence under this Act or the regulations, every principal, director, manager, employee or agent

Page 86 of 164 RSA 2000 Section 78 CEMETERIES ACT Chapter C-3

of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence.

(4) If a partner in a partnership is convicted of an offence under this Act or the regulations, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. RSA 1980 cC-2 s70;1998 c10 s1(36)

Time limit for prosecution 78 A prosecution of an offence under this Act or the regulations may not be commenced more than 3 years after the commission of the offence. 1998 c10 s1(36)

Page 87 of 164 R 1

R 10 R 9 R 8 R 7 R 6 R 5 R 4 R 3 T 20

T 20 R 2

T 19 T 19

T 18 T 18

HILDA

T 17 T 17

T 16 SCHULER T 16

T 15 T 15

SUFFIELD

T 14 T 14 R 12 R 11

T 13 T 13

VEINERVILLE

R 9 T 12 T 12 R 8 DESERT BLUME DUNMORE R 10 IRVINE WALSH

T 11 T 11 T 11 SEVEN PERSONS R 12 R 11

T 10 T 10

T 9 T 9

ELKWATER Legend T 8 T 8 Ñ Cemeteries T 7 T 7

T 6 T 6

GIS Mapping

T 5 T 5

T 4 T 4

T 3 T 3

T 2 T 2

T 1 T 1

R 5 R 4 R 3 R 2 R 1 Page 88 of 164 1

Maintained Part Fence Cemetery Name Sec Twp Rge Land Owner as of June Sec Maintained 30, 2018 HER MAJESTY THE QUEEN (ALBERTA) LEASED TO KEVIN Walsh Cemetery NE 28 11 1 FRIEMARK St Peter Lutheran SW 36 7 3 ALBERTA ENVIRONMENT & PARKS Graburn Church of God NW 26 9 1 KATHRYN REESOR Gnadenfeld Baptist SE 15 20 1 HARVEY & DONALD SCHMIDT Newburg Lutheran NE 15 10 2 HUTT BRETHREN CHURCH OF ELKWATER Zion Evangelical NE 32 17 2 H & K RANCH LTD Baptist Freedom Settlers NW 25 9 3 HARLOW OTTO St Alban Anglican/Zion United SW 28 9 4 E.G.S. FARMS LTD Evangelical NW 12 18 1 FREDRICK ANHORN Josephburg Baptist SW 36 9 3 HARLOW OTTO Salem Evangelical 1 SE 4 10 2 AARON HAIST Roseglen Hutterite Colony SW 2 18 2 ROSEGLEN HUTTERIAN BRETHREN OF HILDA EMANUEL JESKE & GOTTLIEB BOES & JOHN GEIGLE Long Valley Union NW 10 13 3 (TRUSTEES FOR LONG VALLEY UNION CEMETERY Norwegian Lutheran SW 6 16 1 ROLLEFSTAD TORKEL HANSEN & SVEN VARSTAD (FARMER) Zion E Lutheran C NW 9 18 2 ZIONS EVANGELICAL LUTHERAN CHURCH N Y Zion Evangelical SW 1 10 4 EVANGELICAL MISSIONARY CHURCH Y Y Graburn United/Peace Congregati NW 35 9 1 FRIEDEN'S CONGREGATION OF UNITED CHURCH OF CANA YY St Paul Lutheran Tot Hill SE 16 9 4 ALBERTA SYNOD N Y Hilda Seventh Day Adventist SW 15 18 1 ALBERTA CONFERENCE OF THE SEVENTH-DAY ADVENTIST N Y Fredensfelt Baptist SE 14 15 2 HILDA BAPTIST CHURCH Y Y Little Plume Evangelical NW 36 9 5 TRUSTEES OF TABOR EVANGELICAL Y Y Bethlehem Lutheran SW 7 18 1 EVANGELICAL LUTHERAN CHURCH N Y Congregational Matthias SW 34 15 2 UNITED CHURCH OF CANADA NN St George SW 36 11 3 SYNOD OF THE DIOCESE OF CALGARY N Y St Joseph's Roman Catholic SW 15 16 1 ROMAN CATHOLIC BISHOP/DIOCESE N Y Hilda Baptist Cemetery NE 22 17 1 HILDA BAPTIST CHURCH Y Y Newburg Church of God SE 16 10 3 CANADIAN BOARD OF MISSIONS OF THE CHURCH OF GOD NN Salem Evangelical 2 SE 16 10 2 CANADIAN BOARD OF MISSIONS OF THE CHURCH OF GOD YY St Peter Lutheran NW 36 9 3 ST PETERS GERMAN LETTISH EVANGELICAL LUTHERAN C N Y Wisdom Bethel Evangelical SW 1 9 6 EVANGELICAL MISSIONARY CHURCH Y Y St Margaret Anglican (Eagle Butte NE 20 7 3 MEDICINE LODGE COULEE HERITAGE SOCIETY Y Y Seven Persons SE 3 11 7 CYPRESS COUNTY N Y Alderson (Carlstadt) NW 21 15 10 CYPRESS COUNTY N Y Seventh Day Adventist NE 3 10 3 CYPRESS COUNTY N Y St. Anne Anglican SW 18 9 2 THE SYNOD OF THE DIOCESE OF CALGARY N Y Zion, Many Islands NW 12 13 2 THE ZION CEMETERY COMPANY OF MEDICINE HAT N Y Wolfer Children NW 13 20 1 CYPRESS COUNTY/ADMIN FOR PROVINCE OF ALBERTA

Page 89 of 164 List of Cypress County Cemeteries and Grave Sites

COUNCIL REQUEST FOR DECISION Title: Cancellation of Taxes Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By: Corporate Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☒ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None MGA 347(1) Previous Council Direction: N/A Strategic Plan Goal: Strategy: 1.0: Fosters sound governance, leadership and accountability Attachment(s): N/A Recommendations: 1. That Council direct administration to cancel the taxes owing on tax roll #24222000 for a total reduction in taxes receivable of $236.45 Alternative Recommendation: 2. None

Background:

The Municipal Government Act governs the Cancellation, reduction, refund or deferral of taxes.

347(1) If a council considers it equitable to do so, it may, generally or with respect to a particular property or business or a class of taxable property or business, do one or more of the following with or without conditions:

a) Cancel or reduce tax arrears b) Cancel or refund all or part of a tax c) Defer the collection of a tax.

In an ongoing effort to keep financial information current, Administration has reviewed the tax ledger for outstanding balances that are considered uncollectable.

Page 90 of 164

Role 24222000 – Plan 8711569, Block 27, Lot 40, Suffield This property went to tax auction in 2017, Cypress County took title of the property and subsequently struck a deal for the sale of the property. The title was transferred over to the new owner in the ERP system however the deal fell through and the property was returned to Cypress County. Subsequently, the taxes were not reduced in 2017.

The property is now listed as exempt municipal. Administration is recommending the 2017 taxes and penalties of $236.45 be written off in the 2018 fiscal period.

Page 91 of 164

COUNCIL REQUEST FOR DECISION Title: Crane Replacement for Sign Truck Presentation Date: July 31, 2018

Responsible Division: Written By: Reviewed By: Corporate Services

Budget Implication: ☐ N/A ☒ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None

Previous Council Direction: N/A Strategy: Strategic Plan Goal: 2.2 Evaluate maintenance practices… 2.0 Cypress County ensure infrastructure is 3.3 Maintain high quality roads and equipment effectively maintained, enhanced and evaluated.

3.0: Cypress County provides high-quality, safe and affordable services amenities

Attachment(s): N/A Recommendations: 1. That Council authorize administration to upsize the crane to the next model at a cost of 20,000 to be funded by The Vehicle and Equipment fund. Alternative Recommendation: 2. Council direct administration to replace the crane with the current size crane at a cost of $8,000.

Background:

In March of 2018, there was an incident involving the sign truck with a result of the boom being damaged. It is difficult to determine exactly how and why the boom became damaged, however, while drilling a hole stress were applied to the Boom resulting in damage. Fleet maintenance has been trying to have the item fixed however ultimately each section of the boom has become twisted and the item has been deemed as unrepairable, and likely unsafe.

A claim was submitted to the County’s insurance company and they are covering approximately $40,000 which is for the repair analysis and a depreciated cost of the same model crane that is currently on the sign truck. Page 92 of 164

Fleet maintenance has been conversing with other municipalities to see if the problem could be partly due to the size of crane. Neighboring counties use cranes that are larger in size. Cypress should consider up-sizing to ensure the load is sufficient for County needs, to avoid similar damage and safety risks.

The cost of upgrading the crane to a larger size is $59,500 or an additional $20,000. To replace the current crane with the same model, the County would be out of pocket approximately $8,000 so the incremental cost to upgrade is $12,000.

The existing deck and boom have a 15-year life span.

Page 93 of 164

COUNCIL REQUEST FOR DECISION Title: Monthly Financial Report June 2018 Presentation Date: July 31, 2018

Responsible Division: Written By: Reviewed By Municipal Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☒ County Bylaw ☒ County Policy ☐ None

Previous Council Direction: July 3, 2018 – Resolution 2018/379: Council accepted Financial Report ending May 31, 2018 as information. Strategic Plan Goal: Strategy: 1.0 Fosters sound governance, leadership and 1.3: Ensure Financial reports are current accountability Attachment(s): 1. Financial Report (June 30, 2018) 2. Capital Actual vs. Budget 2 Year 3. Budget amendments to date (not available at time of agenda approval) Recommendations: 1. That Council approve the May Financial Report as presented

Background:

January to June represents 50% of the year completed.

The Statement of Financial Position remains healthy. • Taxes receivable reflect tax notices which were mailed out in May. • Investments have been cashed-in to provide Operating Capital as well has prepay the Cypress View Foundation and School Requisitions • School taxes payable reflect School and Cypress view Foundation requisitions to be paid quarterly throughout the year. • The change in Tangible Capital Assets is reflected under work in progress. A statement of Capital projects is attached for your reference

Page 94 of 164

The Statement of Operations

• General Municipal Revenues – was recorded in May with 97% of budgeted revenues recorded for the year ending 2018. The remaining 3% will be recorded as the County receives MSI operating Capital and return on investments. The County is expected to meet or exceed budgeted revenue for 2018 • Administration expense at 63.49% reflects settlement of a legal matter. Expect to finish 2018 over budget. • All other departments are operating within budget. • The transfers to Reserve reflect payment of the Felesky Water License. • The Equipment Capital Plan has been tendered for 2018. -The deck for the Fire truck is still in production.

Also attached is a list of items brought to council for decision. The items indicate the year of the budget impact, whether a budget amendment is required, if it is covered under the current budget and the funding source.

Page 95 of 164 CYPRESS COUNTY Statement of Financial Position

For Six Months Ending June 30, 2018

June DEC 2018 2017

FINANCIAL ASSETS: Cash & Cash Equivalents $6,703,643 $5,755,414 Receivables Taxes 37,469,169 1,112,437 Other Receivables 4,364,272 4,631,692 Accured Interest Receivable 302,554 302,554 Investments 69,989,423 82,484,556 Debt Charges recoverable (Loans Provided) 5,568,835 6,037,327 Trust Accounts Administered 79,236 71,336 124,477,132 100,395,316

FINANCIAL LIABILITIES: Accounts Payable and Accrued Liabilites 725,569 2,243,860 School Taxes payable 10,234,976 Deferred Revenue 3,275,078 2,754,875 Long Term Debt 9,632,035 9,984,658 Trust Accounts Holding 102,341 71,336 23,969,999 15,054,729

NET FINANCIAL ASSETS 100,507,133 85,340,587

NON-FINANCIAL ASSETS: Tangible Capital Assets 152,299,791 152,299,791 Tangible Capital Assets - Work in Progress 2,588,360 Inventory 2,033,852 1,544,635 Prepaid Expenses 104,809 244,807 157,026,812 154,089,233

ACCUMULATED SURPLUS 257,533,945 239,429,820

Page 96 of 164 CYPRESS COUNTY STATEMENT OF OPERATIONS SUMMARY OF ALL UNITS For Six Months Ending June 30, 2018

2018 2018 Actual Annual Budget Variance % Variance REVENUE

General Municipal Revenue 24,185,623 24,951,366 -765,743 96.93% CORPORATE SERVICES Administration 96,882 74,000 22,882 130.92% MUNICIPAL SERVICES Protective Services Fire 23,385 63,000 -39,615 37.12% Bylaw 9,692 60,500 -50,808 16.02% Family & Community Support 125,914 185,311 -59,397 67.95% Planning and Development 137,558 550,000 -412,442 25.01% Agriculture 23,120 289,239 -266,119 7.99% Recreation 58,258 75,700 -17,442 76.96%

PUBLIC WORKS Public Works 25,844 100,000 -74,156 25.84% Transportation Fleet 893,586 2,864,421 -1,970,835 31.20% Utilities Water 479,619 1,311,667 -832,048 36.57% Sewer 167,766 309,600 -141,834 54.19% Solid Waste & Recycling 35,790 71,280 -35,490 50.21% Total Revenues from Operations 26,263,037 30,906,084 -4,643,047 84.98% 0

EXPENSES CORPORATE SERVICES Council 211,495 333,110 -121,615 63.49% Boards. 42,414 124,650 -82,236 34.03% Administration 1,840,575 3,198,899 -1,358,324 57.54% MUNICIPAL SERVICES Protective Services RCMP 24,916 170,000 -145,084 14.66% Fire 509,867 1,430,247 -920,380 35.65% Emergency Management/ Bylaw/Health Safety 206,981 438,331 -231,350 47.22%

Family & Community Support 29,940 279,553 -249,613 10.71% Planning and Development 384,398 697,785 -313,387 55.09% Economic Development and Tourism 44,419 95,076 -50,657 46.72% Agriculture 275,809 741,958 -466,149 37.17% Recreation 547,993 803,877 -255,884 68.17% Campground 37,728 139,797 -102,069 26.99%

PUBLIC WORKS Public Works 2,616,366 13,743,885 -11,127,519 19.04% Transportation Fleet 815,851 2,864,421 -2,048,570 28.48% Utilities Water 821,590 4,286,219 -3,464,629 19.17% Sewer 83,297 522,336 -439,039 15.95% Solid Waste and Recycling 278,566 765,893 -487,327 36.37%

Total Operating Expenses 8,772,205 30,636,037 -21,863,832 28.63% Net Surplus/Deficit 17,490,832 270,047 17,220,785 6476.96%

IT Plan expenses 179,056 733,390 Transfers To Reserves 270,578 14,961,048

Page 97 of 164 CYPRESS COUNTY BUDGET VARIANCE REPORT GENERAL MUNICIPAL REVENUES For Six Months Ending June 30, 2018

2018 2018

REVENUE YTD Annual Budget Variance % Variance

Real Property tax 21,528,569 21,508,294 20,275 100.09% Local Improvements 153,790 229,242 -75,452 67.09% Federal 'Grants In lieu 1,666,916 1,645,857 21,059 101.28% Provincial Grant In Lieu 48,439 47,773 666 101.39% Penalties & Costs 79,201 70,000 9,201 113.14% Return on Investments 680,427 1,188,700 -508,273 57.24% Lease Sign Revenue 23,238 86,500 -63,262 26.86% MSI Operating Grant 160,000 -160,000 0 Other Revenue 5,043 15,000 -9,957 33.62% Total Revenues from Operations 24,185,623 24,951,366 -765,743 96.93% Loss on sale of assets Total Revenues 24,185,623 24,951,366

Legislative (Council & Boards) For Six Months Ending June 30, 2018 2018 2018

YTD Annual Budget Variance % Variance Council Wages 141,527 170,726 -29,199 82.90% Long Service Awards 1,875 10,000 -8,125 18.75% Travel, Subsistence & Training 39,676 64,400 -24,724 61.61% Supplies 160 8,500 -8,340 1.88% Other 28,257 61,484 -33,227 45.96% 211,495 315,110 -103,615 67.12% Boards Fire Services Board (FSB) 1,304 11,100 -9,796 11.75% Family & Community Support Services (FCSS) 541 8,000 -7,459 6.76% Municipal Planning Commission (MPC) 5,353 26,000 -20,647 20.59% Sub Division Appeals Board (SDAB) 190 6,000 -5,810 3.17% Ag Services Board (ASB) 15,363 91,550 -76,187 16.78% Other Boards 19,663 42,414 142,650 -119,899 29.73%

Total Council and Boards 253,909 457,760 -223,514 55.47%

Page 98 of 164 Capital Actual vs Budget - 2 Year History

2017 2018 TOTAL Expense Budget Actual Budget Actual Budget Actual 10 - Council & Administration

12 - Administration

CP-DUNBDG - Dunmore Fire Building 1,325,000 1,209,168 0 18,621 1,325,000 1,227,789

CP-GISDEV - 2018 GIS Development 40,000 40,000 135,000 105,300 175,000 145,300

CP-IT2018 - 2018 IT Plan 0 0 733,390 179,056 733,390 179,056

CP-LAND2 - Capital Land Purchase-Dunmore 550,000 0 0 545,000 550,000 545,000

CP-LAND4 - Capital Land Purchase-Road Plans 27,000 21,910 0 0 27,000 21,910

IT - IT Plan 0 0 0 0 0 0

Total: 12 - Administration 1,942,000 1,271,078 868,390 847,977 2,810,390 2,119,055

20 - Protectve Services

23 - Fire Page 99 of 164 CP-DUNEQP - Dunmore Fire Station Equipment 212,000 87,380 0 50,977 212,000 138,356

U92006 - Wildland Emergency Vehicle 325,000 280,719 0 2,054 325,000 282,773

U92007 - One-Four Squad 13B - Ford F550 0 0 80,000 5,512 80,000 5,512

U92008 - Command - Chev Crew Cab 1/2 Ton 0 0 15,000 14,023 15,000 14,023

Total: 23 - Fire 537,000 368,098 95,000 72,565 632,000 440,664

30 - Transportation

U93017 - Utility Dump Trailer - Side 0 0 14,000 11,626 14,000 11,626

U93018 - Uitlity Dump Trailer - End 0 0 14,000 11,186 14,000 11,186

U93019 - Portable Steamer 0 0 25,000 19,318 25,000 19,318

U93020 - Portable Mobile Lift Column 0 0 75,000 66,953 75,000 66,953

U93021 - Grader - 160 M CATERPILLAR 0 0 450,000 450,601 450,000 450,601

U93022 - Grader - 160 M CATERPILLAR 0 0 450,000 2,740 450,000 2,740

U94002 - Truck Utility Canopy 0 0 15,000 15,091 15,000 15,091

U94003 - Truck Utility Canopy 0 0 15,000 15,091 15,000 15,091

U94004 - Truck Utility Canopy 0 0 15,000 15,091 15,000 15,091

U94005 - Truck Utility Canopy 0 0 15,000 7,136 15,000 7,136

U94006 - Truck Utility Canopy 0 0 15,000 7,136 15,000 7,136

U96003 - Grain Bag Roller 0 0 15,000 12,100 15,000 12,100

Jul 18, 2018 08:12 AM Capital Actual vs Budget - 5 Year History Page 1 Capital Actual vs Budget - 2 Year History

U96007 - F550 Crew Cab Spray Truck 0 0 125,000 56,831 125,000 56,831

Total: 31 - Fleet 0 0 1,243,000 690,903 1,243,000 690,903

32 - Roads

CP-J161 - RGE RD 70 AT TWP RD 130 530,000 23,384 0 39,704 530,000 63,088

CP-J162 - 2017 RE-OIL SEVEN PERSONS 535,000 539,598 0 440 535,000 540,038

CP-J163 - Irvine Pavement and deep utilities 5,821,000 3,220,880 0 66,846 5,821,000 3,287,726

CP-J166 - BF6789 Replace Culvert Box Springs Road 0 37,614 0 287,250 0 324,864

CP-J167 - BF77930 Replace Culvert TWP RD 102 0 37,595 0 219,267 0 256,862

CP-J168 - BF77155 Replace Culvert RGE RD 42 0 37,614 0 187,127 0 224,741

CP-J169 - TWP RD 162 BTW RR10 & RR14 0 0 525,000 5,184 525,000 5,184

CP-J170 - RGE RD 40 Btw SUB12021&TWP114 0 0 330,000 0 330,000 0

CP-J171 - EAGLE BUTTE RD- RR 33 & HWY 41 0 0 200,000 8,163 200,000 8,163

CP-J172 - 2018 RE-OIL SEVEN PERSNS STRTS 0 15,363 1,938,166 52,421 1,938,166 67,784

Page 100 of 164 CP-J173 - BF500 Bridge Repair BLACK & WHITE TRAIL 0 0 300,000 0 300,000 0

CP-J174 - BF70847 Bridge Repair BLACK & WHITE TRAIL 0 0 300,000 0 300,000 0

CP-J175 - BF72442 Bridge Repair TWP ROAD 160 0 0 300,000 8,000 300,000 8,000

CP-SFPAV - SUFFIELD PAVING 1,331,000 0 0 0 1,331,000 0

CP-SIGNS - Replace & Refurbish County Signs 0 0 80,000 0 80,000 0

Total: 32 - Roads 8,217,000 3,912,048 3,973,166 874,402 12,190,166 4,786,450

40 - Utilities

41 - Water

CP-7-P WAT - Seven Persons Water & Sewer Replacement 0 0 1,721,731 0 1,721,731 0

CP-DURHAM - DURHAM ST - Water/Sewer Replacement 0 0 315,711 0 315,711 0

CP-HILDA - Hilda Raw Water Facility 0 0 54,000 1,762 54,000 1,762

CP-SFFDSEN - Suffield Dist Engineering 588,000 7,120 0 0 588,000 7,120

CP-SUFFDIS - Suffield Distribution Lines 4,930,000 4,301,091 0 4,430 4,930,000 4,305,521

CP-VTSCADA - VT Scada 0 0 200,000 116,311 200,000 116,311

CP-VVAULT - Veinerville Water Vault 451,000 28,844 0 153,105 451,000 181,949

Total: 41 - Water 5,969,000 4,337,055 2,291,442 275,608 8,260,442 4,612,662

70 - Recreation

CP-DUNPATH - DUNMORE WALKING PATHS 220,000 130,778 0 0 220,000 130,778

CP-DUNPTH2 - 2018 Dunmore Walking Path Project 0 0 430,000 361 430,000 361

Jul 18, 2018 08:12 AM Capital Actual vs Budget - 5 Year History Page 1 Capital Actual vs Budget - 2 Year History

Total: 70 - Recreation 220,000 130,778 430,000 361 650,000 131,139

78 - Campground

CP-SPBL - Sandy Point Boat Launch 100,000 0 0 5,600 100,000 5,600

Total: 78 - Campground 100,000 0 0 5,600 100,000 5,600

2,767,416 Page 101 of 164

Jul 18, 2018 08:12 AM Capital Actual vs Budget - 5 Year History Page 1

Director of Corporate Services Report Finance • Building a template for the adoption of a 3-year Operating Budget and a 5-year Capital Plan to fulfill requirements of the MGA. • Analyzing cost of operating Contract graders vs Cypress-owned Graders

Assessment • Analyzing structure of future Assessment department. • Coming up with a team strategy to encourage small businesses to register with the County Business Directory to enable application of various mil rates. • We have received 4 assessment complaints for 2018. The County does not have trained personnel to handle the issue at this time, The City of Medicine Hat will conduct the proceedings and hold the hearings in October of this year.

Corporate Services • Review of Cemeteries Act and cemeteries located within the County • Pam Hintz attended the SDAB training • Submitted application for FCM MAMP funding. Received acknowledgment however the process takes about two months for review. • Working on water acquisition agreement with Brownlee • Consultation with the City of Medicine Hat on Municipal Consent and Access Fees • Working with Utilities on solution for Walsh Petro Canada site. • The flags were lowered to half-staff July 13 in Honor of Parliamentarian Thomas W. Chambers • Prairie Rose School division announced a Hockey Academy to be partially operated out of Irvine Ag Complex

Human Resources • DISC workshop conducted for leadership team and supervisors • Initiated recruitment of Planning Supervisor and Communications Coordinator

Director of Emergency Management

• Introduced new employees to the ICS system. • Cypress County Emergency Management Agency meeting conducted July 17, 2018 • Need to pick a date for Elected Officials Emergency course available on September 11th or 14th. • The EOC was enacted on July 13, 2018 as backup to fire crews responding to a shop fire on the 41A. at Jayman Metals. DEM and Logistics Section Chief provided backup in the procurement of backup equipment. The EOC remained enacted as 4 stations were redeployed to a grassland fire on the 41A & 112.

Information Technology Page 102 of 164 • Continued work on GIS system

• Continued work on Website • Public Facing Crime Map. The RCMP has requested a link embedded on the County website • County administration has received some training on the new website. The website will be able to host Council agenda and minutes in real time. Employees working with the system find it very user friendly. Prior to launching Council will require training that should be held on a day other than a Council meeting day.

Purchasing • New employee seems to be fitting in nicely. • Working on the 5-year Vehicle and Equipment plan.

Recommendation 1. Council move to receive the Director of Corporate Services Report as presented.

Page 103 of 164

COUNCIL REQUEST FOR DECISION Title: Policy R5 Road Allowance Licensing – Proposed Amendments Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By Public Works Services

Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None

Previous Council Direction: October 24, 2017 - Resolution No.2017/496 Council approved Policy R5 Road Allowance Licensing as presented.

Background:

The purpose of the policy is to provide licensing of a Road Allowance under County control for use by adjacent landowners for agricultural purposes pursuant to provisions of the Traffic Safety Act, Section 13 (1) and Bylaw 2016/36.

At the March 5, 2018 Committee of the Whole Policy Review Meeting, Council directed Administration to amend the Policy by providing specific details regarding Noxious Weeds. This is described under Guidelines in number 9.

Other recommended changes do not substantially change policy intent, but support Administration of the policy.

Page 104 of 164 CYPRESS COUNTY POLICY

TITLE: Road Allowance Licensing POLICY NO.: R5

AUTHORITY: Resolution No.: 86/15 DATE: June 24, 1986

REVISED: Resolution No.: 88/297 DATE: December 19, 1988 Resolution No.: 2001/72 March 20, 2001 Resolution No.: 2016/367 July 19, 2016 Resolution No.: 2017/496 October 24, 2017

PURPOSE To provide Licensing of road allowances under County control for use by adjacent landowners for agricultural purposes pursuant to provisions of the Traffic Safety Act, and Bylaw 2016/36.

GUIDELINES 1. Cypress County will grant a Road Allowance licence for the temporary occupation or use of a road allowance, public highway or portions thereof when it is not required for public use.

2. Landowners (or Lessees) must apply in writing for a Road Allowance License for Temporary Occupation or Use of an unused road allowance adjacent to their property.

3. Applications shall include written consent of all landowners on the opposite side of the road allowance if the Applicant does not own both sides.

4. Applicants shall include the appropriate non-refundable fee set in the Master Rates Bylaw.

5. The County shall advertise A a Notice of Application for the Temporary Occupation or Use of a Road Allowance shall be advertised in two consecutive weekly issues of a local newspaper and on the County website.

6. Upon completion of the advertising requirement, the full page from the newspaper showing the advertisement, the name of the paper and the dates of publication must be provided to the County.

7. The application will be held for a period of thirty (30) days from the day of receipt date of notice of the advertisement to allow time for the submission of objections. In the event an objection is received, the Director of Public Works will review the merit of the objection and determine if it warrants rejecting the issue of a license.

8. Provided that no objections are received, the County will enter into a Licence Agreement with the applicant and will continue from year to year unless terminated by either party.

Page 105 of 164 Policy R5 Road Allowance Licensing Page 2

9. The Road Allowance Licence Agreement will require that the Landowner or Lessee be responsible for Noxious weed control on the land referenced in the Alberta Invasive Plant Identification Guide.

10. The Licensee shall permit a right of passage onto the road allowance, and for this purpose shall provide gates at each end which shall be a minimum of 8 metres in width and these gates shall not be locked.

11. The installation of any Texas Gate shall be administered and approved under a separate policy, other than what is provided for herein.

12. No building, permanent structures or permanent improvements excluding a fence, shall be on this licenced land, unless approved in writing by the County.

13. This licence is issued subject to the right of the County or the Minister of Transportation to open the road for public use at any time, in accordance with the provisions of the Municipal Government Act or any other Act or Regulation.

14. The licence is subject to any rights given to any person under any other Act or Regulation and to any right granted by the County to any person for the use of the public highway hereto licenced.

15. The Licensee shall pay upon receipt of notice each year, the licence amount set in the Master Rates Bylaw. If the licence is cancelled due to non-payment, a reinstatement fee of ten percent (10%) of the annual licence amount will be applied with a minimum cost equal to the Road Allowance License minimum charge.

16. The Licensee shall not assign, sublet or transfer the license, and the license licence shall be terminated if the landowner or, a Lessee, or an immediate family member ceases to control the adjacent land. A licence may be transferred to an immediate family member who gains ownership of the land, at the discretion of the County.

17. In the event a road allowance has been licenced for a period, and a person wishes to have another person's road allowance licence cancelled, then the person requesting the cancellation shall state the reasons in writing to the Director of Public Works. The Director of Public Works will review the request, and approve or deny it based on each individual situation.

Page 106 of 164

COUNCIL REQUEST FOR DECISION Title: Policy R9 Undeveloped Road Maintenance Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By Public Works Services

Budget Implication: ☐ N/A ☒ Funded by Department ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None

Previous Council Direction: June 19, 2018 - Resolution No. 2018/352 Council moved to approve the sixteen Undeveloped Road Maintenance Requests in Attachment 1 at a cost of $232,200, with the additional $2,200 funded from unallocated funds in the 5-year Road Construction Plan, and address request 14 through the 2018 Road Construction Program and that staff bring forward Policy R9 Undeveloped Road Maintenance for Council review to a future meeting. Strategic Plan Goal: Strategy: 2.0: Cypress County ensures infrastructure is 2.2: Evaluate maintenance practices and future effectively maintained, enhanced and evaluated. construction goals Attachment(s): 1. Policy R9 Undeveloped Road Maintenance Recommendations: 1. Council affirm the policy as is and receive for information. Alternative Recommendations: 2. Council direct Administration to make specific amendments to Policy R9 Undeveloped Road Maintenance.

Background:

Council directed Administration to bring forward Policy R9 Undeveloped Road Maintenance to review.

A total of 23 applications were received by the deadline of August 31, 2017.

Sixteen (16) met the Policy

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• One (1) applicant’s request exceeds $45,000 for 1.6 km and consideration may be given to construction of a Gravel Low-Grade Road under the Road Construction Program as the policy states.

• Six (6) applications did not meet policy. - Two (2) applications are for private trails. - One (1) on a private driveway where the quarter section meets a developed road. - Two (2) applications are where the quarter section meets a developed road. - One (1) application is for dust control.

Budget in 2018 is therefore $230,000 (ie: $180,000 + $50,000)

Any consideration for change to policy should explore the applications that did not fit within policy.

Should the policy address: - Applications for Private Trails - Applications where quarter section meets a developed road (may/may not be private driveway) - Applications where the clear intent is to achieve dust control. - Applications where the $45,000 threshold is exceeded.

Page 108 of 164

CYPRESS COUNTY POLICY

TITLE: Undeveloped Road Maintenance POLICY NO.: R 9

AUTHORITY: Resolution No.: 93/264 DATE: September 21, 1993

REVISED: Resolution No.: 2011/07 DATE: January 4, 2011 Resolution No.: 2014/54 February 4, 2014 Resolution No.: 2016/18 January 12, 2016 Resolution No.: 2016/443 September 6, 2016 Council Reviewed March 5, 2018

POLICY STATEMENT

Cypress County has many miles of undeveloped road allowances. Many of these are used by residents and land owners to access farm and ranch lands. It is economically unfeasible to develop all of these access roads to a Low Grade or High Grade standard. The County recognizes the importance of these undeveloped roads in the operation of the agricultural community.

To provide a minimum standard of service to its ratepayers for the provision of agricultural access along undeveloped roads, maintenance or improvements will be subject to the following conditions:

1. The road must be the only access to the land, that is, no other developed road touches the quarter section.

2. Minor maintenance, upon request, will generally be limited to grader work of less than one hour, coordinated with regular gravel road maintenance: a. to touch up ruts, minor low spots b. fill or build up minor low spots utilizing material from the road allowance c. replace or remedy a failed culvert.

3. Annual or bi-annual maintenance, upon request, of existing bladed trails that have been bladed within the past five years will be coordinated with regular gravel road maintenance.

4. Major maintenance projects may be completed based on applications received from ratepayers by August 31st each year, and upon approval of Council. Public Works staff will inspect sites to prepare cost estimates and provide recommendations on appropriate project type.

a. Graveling of ruts – filling in wagon trails of grass covered road allowances; maximum project length of 2 miles (3.2 km) per year per ratepayer, with a program funding limit of $50,000 per year.

Page 109 of 164 Policy R9 Undeveloped Road Maintenance Page 2

b. Impassable low spots - may include earth work, ditching, culverts, pit-run gravel, road crush gravel, etc., with a program funding limit of $180,000 per year. Where a project cost estimate exceeds $45,000 per mile (1.6 km), consideration may be given to construction of a Low Grade Road under the Road Construction Program.

County staff will supervise approved project implementation to ensure built up spots meet an 8 metre wide standard and gravel is deposited appropriately. Gravel will typically be delivered through the County road graveling program when the trucks are in the area.

5. While spot projects and graveling ruts are preferred due to low annual maintenance costs, ratepayers may apply to the County to have a new bladed trail created. All requests must be approved by Council.

6. Industrial companies (eg. Oil and Gas) shall not be eligible for this program.

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COUNCIL REQUEST FOR DECISION Title: Twp Rd 162 Bid Price Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By Public Works Services

Budget Implication: ☐ N/A ☒ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None

Previous Council Direction: December 5, 2017 - Resolution No. 2017/574 Council moved to amend the 5-Year Road Construction Plan by removing Priority 4, Rge Rd 14 and to hold a Road Tour in the spring of 2018. Strategic Plan Goal: Strategy: 3.0: Cypress County provides high quality, safe 3.3: Maintain high quality roads and equipment and affordable services and amenities Attachment(s): Recommendations: 1. Council approve an additional $575,610 with funds coming out of Accelerated Rehabilitation Fund. Alternative Recommendations: 2. Council direct Administration to hire a contractor and to complete the work at an hourly rate guided by the Alberta Road Builders and Heavy Equipment Association Rental Rates Guide. 3. That Council refer the matter for consideration during the preparation of the 2019 Capital Budget.

Background:

On July 5th tender packages were opened for the Twp Rd 162 project. Four submissions were received.

The approved budget for the project was set at $525,000. The lowest bid price received was $1,100,610. This reflects a budget short fall of $575,610.

One bidder failed to acknowledge an Addendum resulting in the tender package not meeting County tender requirements and was considered out of compliance.

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COUNCIL REQUEST FOR DECISION Title: Rge Rd 52A & Twp Rd 130 Paving Quote Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By Public Works Services

Budget Implication: ☐ N/A ☒ Funded by Dept. ☒ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☐ County Policy ☒ None

Previous Council Direction: 2018 Road Tour Council Consensus Strategic Plan Goal: Strategy: 2.0: Cypress County ensures infrastructure is 2.1 Develop and review Infrastructure Plans effectively maintained, enhanced and evaluated 3.3 Maintain high quality roads and equipment Attachment(s): 1. Preliminary Paving Estimate for Rge Rd 52A & Twp Rd 130 Recommendations: 1. That Council authorize the addition of paving Rge Rd 52A between Twp Rd 132 & Twp Rd 130 and 400 metres of Twp Rd 130 to the 5 Year Road Construction Plan. Alternative Recommendations: 2. Council approve for 2018 the paving of 3.8 km of Rge Rd 52A between Twp Rd 132 & Twp Rd 130 and 400 metres of Twp Rd 130 at a cost of $2,434,000 with funds coming from the Accelerated Rehabilitation Fund. 3. Council move to receive for information.

Background:

On the May 30, 2018 Spring Road Tour Council asked Administration to obtain engineering cost estimates to pave 3.8 km of Rge Rd 52A between Twp Rd 132 & Twp Rd 130, and 400 metres of Twp Rd 130 to the City Landfill entrance. Currently Rge Rd 52A has approximately 1.6 km of Oil Medium Grade Road and approximately 2.2 km of Gravel Medium Grade Road. Twp Rd 130 has 400 metres of Gravel Medium Grade Rd.

Total engineering cost estimate to pave these sections of roads is $2,434,000.

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Addressing the road in a future year may allow for cost sharing of the road with the City of Medicine Hat to occur, as was the case with South Boundary Road. This may be an appropriate discussion at the ICF Steering Committee.

Page 113 of 164 Page 114 of 164

Asphalt Paving Estimate

Description of Work Job No. 002 Project : Range Road 52A Granular Base Course, Asphalt Concrete From: 400m W. of Jct. RR 52A and TWP RD 130 Pavement, and Other Work From km: 0.000 To: Jct. of RR 52A and TWP RD 132 To km: 3.800 Preliminary Project Budget Paved Width: 9.00m

CEB Bid Item Description * Unit Estimated Unit Estimated Spec Remarks Code # Quantity Price Cost No.s (Plan No.)

X100 Mobilization lump sum 1.0 10% $184,600 1.2.13

B100 Subgrade Excavation m3 500 $10.00 $5,000 3.1.3

B180 Preparing Subgrade Surface (with excavation) m2 46,000 $2.50 $115,000 3.1.3

B282 Granular Base Course t 29,000 $20.00 $580,000 3.6.8

Asphalt Concrete Pavement - EPS Mix Type Q992 t 12,000 $95.00 $1,140,000 3.50.7 M1

B152 Granular Fill (Pit-run) t 300 $20.00 $6,000 3.6.8

Culverts - Supply and Install (500 mm dia. D410 m 100 $300.00 $30,000 3.6.9 C.S.P.)

Roadway Lines - Supplying Paint and Painting S350 km 3.80 $2,000.00 $7,600 7.2.6 (Directional Dividing and 2 Edge Lines)

Total $2,068,200

Total $2,068,200 Total Estimated Contract Cost $2,068,000 Contingencies @ 10% $206,800 Total Estimated Contract Cost + Contingency $2,274,800 Estimated Engineering Cost @ 7% $159,236 Design & Tender, Surveying, Material Testing, Project Management, Contract Admin.

Total Estimated Cost (Rounded To Nearest 100 Dollars) $2,434,000

*Alberta Transportation Southern Region Average Unit Prices were used along with local historical costs.

Date : 04-Jun-18 Prepared By : Ken Jacobs

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COUNCIL REQUEST FOR DECISION Title: Walsh Utility (Water) Charges - Relief Presentation Date: July 31, 2018

Responsible Division: Written By: Reviewed By Public Works Services Corporate Services

Budget Implication: ☐ N/A ☒ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☐ County Policy ☒ None

Previous Council Direction: March 24, 2015 - Resolution No. 2015/113 Council chose not to waive a $44.38 water charge for a Suffield based resident, opting to simply receive the report as information. Strategic Plan Goal: 3.0: Cypress County provides high quality, safe Strategy: 3.5: Improve water reliability and affordable services and amenities

Attachment(s): Request email sent by lessee of Petro Canada Service Station Recommendations: 1. That Council recommend the customer approach his landlord for financial relief. Alternative Recommendations: 2. That Council direct administration to reduce Walsh Petro Canada water invoice by $1050.60 3. That Council determine another appropriate amount to reduce the $2,476 invoice.

Background:

In June of 2018, the tenant of the Walsh Petro Canada received a utility bill for $2,400. The water usage for the period was 1,077 m3. The same period in 2017 was 65 m3. During May or June, the service line between the building and the curb stop developed a leak and was not detected for an undetermined amount of time. Utility operators visited the site and found that water lines on the property under a trailer was broken and flowing freely. Once it was detected the leak was repaired.

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The site is unusual in that there are three building and one water meter. The tenant occupies the Petro Canada station but not the other buildings on site, and therefore was unaware of water problems in the other buildings.

The Lessee was invoiced $2,476 for the months of May and June. In 2017 the average bill for May and June was $300. The tenant is on electronic payment plan and automatic payment for July 31 was suspended pending consideration by Council.

A similar incident in 2015 where a resident in Suffield noticed a yard hydrant open on their property requested a portion of their water bill be cancelled. The request was not approved.

Options:

A. The infrastructure failure was on the customer side of the curb stop and is therefore the responsibility of the property owner. The Lessee should address the extraordinary cost with the Landowner.

B. Cypress County could consider a reduction in the water charge if Council deems appropriate. Recognizing that Cypress County purchases the water from the City of Medicine Hat, per the County’s master rates bylaw, the rates for Tier 2 and 3 are listed below Tier 2 (35.01 - 105.00 m3) City Cost + $0.75/m3 ($2.0124) Tier 3 (greater than 105.00 m3) City Cost + $1.05/m3 ($2.3124)

The County could consider a possible maximum reduction or portion there of County fees as listed below that help fund the water utility.

• 40 m3 X $0.75 = $ 30.00 • 972 m3 X $1.05 = $1,020.60 • Total = $1,050.60

Note: The County still must pay the City for purchase of water of $1426, therefore any reduction beyond $1050.60 would mean Cypress County is out of pocket for costs paid to the city.

Page 117 of 164 From: mehboob ahmad Sent: Tuesday, June 19, 2018 3:15:03 PM To: [email protected] Subject: Walsh-petro Canada

Hello Darcy,

My name is Mehboob Ahmad I lease the property of Walsh - petro Canada and run the small business there. We just got some issue with our water there was a leak in the property which we were not aware of because it’s such a big property. Now we found the leak and fixed it but the water bill is too high around $2500 which cypress county will charge me. I reached out to them but they asked me to bring it your attention. I pay my bill on time never delayed I have a good history with them. Now this is something accidentally happened and it’s a big amount . I am not refusing to pay but if possible they can give me it least some relief. As a good standing customer which will be very helpful for me as you know there is not enough business in walsh and I can’t afford to pay the full amount . My last hope is you if you can please do something for me it will be very appreciated.

Thanks.

Mehboob Ahmad

Page 118 of 164

Director of Public Works Report

• Seven Persons Infrastructure Rehabilitation Project ▪ Progress is moving forward at a steady pace with no significant issues as the contractor moved into week 5 on July 23rd. The Traffic Accommodation Plan is working effectively and the Contractor is managing the construction site well. ▪ Engineering Weekly Progress Report ending July 21st is attached.

• Fleet Maintenance Services ▪ Agricultural Grain Bag Roller has arrived and put into service.

• Roadside Mowing ▪ Approximately 50% of the first cut on all roadside mowing is completed.

• Graveling Program ▪ Approximately 50% of gravel roads that require graveling for 2018 are completed.

• Oiling Crew ▪ Rge Rd 40 south of Hwy 1 to the Cavan Lake entrance oiling project is completed.

• Traffic Counts ▪ Robinson Coulee Road between Rge 62 & Rge Rd 63 (14 Day Count) Ave 47 per day. -33 medium sized vehicles per day (Cars, Trucks) -13 larger sized vehicles per day (Tractor Trailers) -1 smaller sized vehicle per day (Motor Bikes, Quads) ▪ Rge Rd 51 between Hwy 41A & Twp Rd 130 (14 Day Count) Ave 41 per day. -36 medium sized vehicles per day (Cars, Trucks) -5 larger sized vehicles per day (Tractor Trailers) -0 smaller sized vehicle per day (Motor Bikes, Quads) ▪ Eagle Butte Road between Rge Rd 45 & Bullshead Reservoir Entrance (14 Day Count) Ave 146 per day. -132 medium sized vehicles per day (Cars, Trucks) -13 larger sized vehicles per day (Tractor Trailers) -1 smaller sized vehicle per day (Motor Bikes, Quads)

• Speed Sign Report ▪ Eagle Butte Rd (60 km/hr) between Twp Rd 120 & Hwy 1 facing north bound traffic. - Average 917 vehicles per day. - Average speed recorded 57 km/hr.

Page 119 of 164

- Maximum speed recorded 160 km/hr. • Utilities ▪ The New Utility Operator began working for the County on July 16th and will spend the first few weeks training and getting to know the County’s water and sanitary sewer systems. ▪ Cavan Lake Campground potable water cistern experienced a failed bacterial sample the week of July 2nd due to a small leak that was discovered near the top of the tank allowing foreign surface water to leach in possibly causing the failed sample. The County set up a temporary portable tank in place until the underground cistern is repaired, treated and put back into service.

• Meetings ▪ Met with Alberta Transportation Terry Becker (Operations Manager Lethbridge District Delivery Services Division) and Doug Scheelar (Maintenance Contract Inspector Delivery Services, Southern Region) the week of July 2nd to discuss options with maintenance to include 12.8 km on Hwy 515 east of Hwy 41 south. ▪ Conference call with Alberta Transportation Environment Coordinator Delivery Services Branch based out of Lethbridge the week of July 2nd regarding concerns of the diversion channel where the Seven Persons creek runs under Twp Rd 120. ▪ Met with the Director of Public Services for the Town of Redcliff to discuss gate rates for the City of Medicine Hat if they begin delivering solid waste to the Redcliff/Cypress Landfill. This initiative is in relation to the Regional Landfill Study Program and ties in with Intermunicipal Collaboration Framework (ICF) between the County, Town and the City. • Updated Status CP Rail Crossing Closures ▪ The last communication with CP Rail was the week of June 18th. They verbally indicated they would like to close both crossings at Rge Rd 65 and Rge Rd 70. ▪ Discussions included cost estimates and cost sharing options in respect to paving the Old TransCanada Hwy between Rge Rd 65 and Rge Rd 70 as well as cost estimates to pave from Rge Rd 65 to Hwy 524. CP felt the cost estimates were high and they would need to explore their options. ▪ The feeling from Administration is to delay the temporary closures on the crossings until we know the solution would be affordable and partnering with CP Rail on this initiative is even possible. Discussions are slow moving. • Public Works General ▪ The Public Works Operations Supervisor began his first day of work for the County on July 16th and is collecting County processes administratively and in the field. ▪ Had a visit to the Centennial Park out at Irvine on the south side of Hwy 1. Through an agreement between the Irvine Community Riders Association and the County, the group takes care of the maintenance in the park. The group is doing a fantastic job and the park looks amazing.

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Recommendation 1. Council move to receive the Director of Public Works Report as presented.

Respectfully Submitted

Curtis Richter Director of Public Works

Page 121 of 164 WEEKLY PROGRESS REPORT

PROJECT: Seven Persons Infrastructure Renewal FILE: 181-01408-00

CONTRACTOR: Industrial Backhoes Ltd. CONTRACT NO: 181-01408-00

WEEK ENDING: July 21, 2018 INSPECTOR: Joe Bessant

DATE DAY DAILY PROGRESS AND COMMENTS 15-Jul-18 Sunday Scheduled day off 16-Jul-18 Monday Contractor working at the north end of 3rd Avenue installing the new water main, tee and backfilling as they continue installing water main to the south. 17-Jul-18 Tuesday Contractor installed water main, 3 tee's, a gate valve, and continued with backfill. WSP performed QA testing on backfill compaction. GEM Testing providing QC results.

18-Jul-18 Wednesday Contractor installing waterline and gate valve, backfilling the material as they head south on 3rd Ave. WSP performed QA testing backfill compaction, GEM Testing providing QC testing.

19-Jul-18 Thursday Contractor heading south on 3rd Ave installing waterline, gate valve and 3 tees. Removed centerline CSP found at the intersection of 3rd Avenue and Leonard Street. Stripped asphalt on 3rd Ave from Leonard Street to Railway Street. 20-Jul-18 Friday Contractor working south on 3rd Ave installing waterline. GEM Testing providing QC results.

21-Jul-18 Saturday Rain over night has saturated trench and backfill material. No backfilling was completed on this day Hydrant installed at the south end of 3rd Ave. Comments Traffic accommodation is working well through the work sites. Contractor managing the site well, keeping safety of the job site as a top priority Estimate submitted for County to review for the extra work on Drinnan St. -further discussion to be had at bi-weekly meeting held Tuesday July 24th

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COUNCIL REQUEST FOR DECISION Title: CAO Recruitment Schedule and Timing of Interviews Presentation Date: July 31, 2018 Responsible Division: Written By: Reviewed By CAO Office Peter Tarnawsky

Budget Implication: ☐ N/A ☒ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☒ County Bylaw ☐ County Policy ☐ None Council Proceedings Bylaw Previous Council Direction: July 3, 2018 - Resolution 2018/394: That Council approve engagement of Davies Consulting Group as the recruitment from for Cypress County CAO position.

June 2, 2015 - Resolution 2015/223: Procedure Bylaw 2015/23 - Article 5 c. - Regular Council meetings shall be held in the Council Chambers of the County Administration office in Dunmore, on the first and third Tuesdays of every month Strategic Plan Goal: Strategies: 1.0: Fosters strong governance, leadership and accountability Attachment(s): 1. None Recommendations: 1. That Council receive the recruitment schedule and process as information, and 2. That Council hold interviews with CAO candidates on September 10, 2018. Alternative Recommendation 3. That Council reschedule its regular Council meeting of September 4, 2018 to September 5, 2018 and hold interviews with CAO candidates on September 4, 2018.

Background:

Schedule and Process:

The letter of agreement was signed with the consultant on July 6, 2018 and the search was initiated informally. The Job Profile and Job Ad were completed on July 17th with the position posted to key municipal employment websites, and our own Cypress County website. Page 123 of 164

Key Milestones are as follows:

Consultant field work July 17 – August 24

Shortlisting with Interim CAO/Reeve/Deputy Reeve August 28

Survey sent to 3 or 4 candidates August 29

Surveys returned and reviewed w/o August 31

Interviews with all of Council September 10 (or September 4)

References; Offer; Negotiations w/o September 10

CAO starts at Cypress County after August 9*

(* depending upon Notice requirements to current employer)

Interviews:

It is recommended that, where possible, all candidates be interviewed in one day.

It is further recommended that candidate interviews be held on a day adjacent to a weekend. This ensure Council is comparing candidates within the same timeframe; allows remotely located candidates to travel to Cypress County, minimizing the number of days off a candidate may need to take to participate in our recruitment process.

The September 10 date provides a little more time for identification and vetting of potential candidates.

(Note: The Interim CAO’s agreement comes to term on August 9, but could potentially be extended by 1 week, or so)

Page 124 of 164 Page 125 of 164

INTERMUNICIPAL COLLABORATION FRAMEWORKS (ICF) JULY 31, 2018 LEGISLATIVE BASIS OF ICF’S AND IDP’S

• All municipalities must adopt an Intermunicipal Collaboration Framework (ICF) and an Intermunicipal Development Plan (IDP) with each municipality with which they share a

Page 126 of 164 border, as a result of the Modernized MGA amendments passed on April 1, 2018 - ICF’s and IDP’s must be completed by April 1, 2020) • Requirements of ICF’s broadly described in Sec. 708.28 - .43 of MGA and in ICF Regulation 191/2017 • Requirements for IDP’s are broadly described in Sect 631 of MGA. • The IDP should be referenced n the ICF, unless exempted by the Minister. WHY ICF’S? (SEC. 708.27)

• To provide for the integrated and strategic planning, delivery and funding of intermunicipal services; • To steward scarce resources efficiently in providing local services; and

Page 127 of 164 • To ensure municipalities contribute funding toward services that benefit their residents. WHY NOW? • Philosophical Change in Alberta - Think beyond Municipal Boundaries; - Finding Efficiencies and Building Strength - Creating a Vibrant Region - Avoiding the Alternative COLLABORATION & INTERMUNICIPAL DIALOGUE

• A New Legal Duty To Think Regionally… • A New Municipal Purpose reflected in the Act (MGA) Page 128 of 164 - Work Collaboratively with neighbouring municipalities to plan, deliver and fund intermunicipal services; • A New Councillor Duty - Promote an integrated and strategic approach to intermunicipal land use planning and service delivery with neighbouring municipalities WHERE TO BEGIN

Required elements of ICF’s: 1) Inventory a) List Services provided by each muni and review possible capital projects. b) List intermunicipal Services (collect existing agreements; user/funding data) (a) Transportation c) List Services provided by a Third Party Page 129 of 164 (b) Water and wastewater 2) Assessment a) Services best provided by a municipality (c) Solid Waste b) Services best provided intermunicipally c) Services best provided through a Third Party agreement (d) Emergency Services 3) Planning for Intermunicipal Services a) Describe delivery, lead muni, timeline and term of review (e) Recreation, and b) Intermunicipal funding (ensure fairness and equity) c) Decommissioning when replaced by an intermunicipal services (f) And other service of regional benefit d) Binding dispute resolution 4) Each ICF must have a Dispute Resolution process 5) Councils must Adopt matching Bylaws and file with the Minister (incl. IDP) KEY ELEMENTS OF THE ICF

For Services provided intermunicipally • Who is the lead municipality for each service area?

Page 130 of 164 • Description of how the service is being provided • How the Service is funded • Te r m of review (optional, as can be overarching not to exceed 5 years) • Binding Dispute Resolution process (optional as can be overarching entire ICF) • Timeline for implementation (if newly joint) • Transition plan (optional if newly joint) that includes decommissioning of current service and shift to intermunicipal delivery OTHER SERVICES:

• Administration • Internet / Telecommunications Others • Affordable Housing • Joint use agreements • • Land Use Planning services • • Agricultural services

Page 131 of 164 • Libraries • • Animal Control • Natural Gas Utilities • • Assessment Services • Pest Control • • Bylaw Enforcement • Police Services • • Facilities • Purchasing/Procurement services • • Tr a n s i t • • FCSS • Tourism • • Information Technology • Weed Control • • Internet / Telecommunications • Assessment Review Board • • Subdivision Appeal Board COMMON MISCONCEPTIONS ON ICF’S

AN ICF MEANS: AN ICF DOES NOT MEAN: (a) Discussing regional services provision (a) Intermunicipal services must be Page 132 of 164 (b) Collaborating on how services will be provided if it is agreed separate provided service provision is better (c) Agreeing on how to maintain (Discretion is retained) intermunicipal services (b) Existing Agreements have to be (d) A forum for neighbouring municipalities changed to formalize existing collaborative work and work together. (c) Tax Transfer WHAT IF WE DECIDE NOT TO HAVE AN ICF?

• ICF’s are Mandatory • Voluntary Arbitration is an option prior to April 1, 2020

Page 133 of 164 • If you do not have one, or cannot come to terms within two years (ie: April 1, 2020), one will be determined for you through Arbitration. - Independent; impartial; - Not bound by Rules of Evidence - Municipalities must provide all documents it intends to rely upon in the Arbitration - Arbitrator may solicit input from the public Note: ICF must be created by April 1, 2020. You may set a timeframe for implementation for those services that change Implementation may follow (i.e.: Delivery, Governance mechanisms, Agreements) WHY NOT RELY ON ARBITRATION AND OPT-OUT OF ICF PROCESS? Page 134 of 164 Arbitrator? The Devil You Know Is Better Than The Devil You Don’t Know Part 17.2 (ICF-IDP) ICF-IDP Complete Discussion-Negotiation-Mediation Arbitration Process led by Municipalities Process led by Arbitrator

Year 1 Year 2 1 Year Page 135 of 164

Arbitrator Appointed Matching Bylaw Jointly by municipalities or Approval Process if no agreement by Minister

Adopted matching ICF and IDP must be filed with the Minister AGREEMENTS

• Best when there are entered into by willing parties • Most effective when a win-win-win (win) is achieved (ie: the 4th win being the Region)

Page 136 of 164 • Acceptable when, at minimum, nobody is worse off … or when everyone is equally unhappy. • Can be as difficult (complex) or as simple as we choose - Need to deal with the legislated areas… - Other key service area if we can agree. • Give to get… • Examples from actual ICF Collaborative Agreements - Wetaskiwin County (Attachment #4) - Leduc County (Attachment #5) SUMMARY EXAMPLE: NO SHARED INTERMUNICIPAL SERVICE

Transportation: Transportation services are provided independently by both Counties. Page 137 of 164

Water and Wastewater: Water and wastewater services are provided independently by both Counties.

Used with permission from Leduc County &County of Westaskiwin ICF DRAFT http://www.county.wetaskiwin.ab.ca/documentcenter/view/1573

13 SUMMARY EXAMPLE OF EXISTING AGREEMENT

Transportation: The Counties entered into a Joint Use of Grader and Grader Operators agreement on the 16th day of August 1988. As a mutual service agreement Page 138 of 164 there is no managing partner. Cost sharing is done on a usage basis.

Used with permission from Camrose County &County of Westaskiwin ICF DRAFT http://www.county.wetaskiwin.ab.ca/documentcenter/view/1571

14 SUMMARY EXAMPLE OF AN AUTHORITY

Solid Waste: The Counties, jointly with several urban municipalities entered into an Page 139 of 164 Agreement dated the 2nd day of July 1996 establishing the West Dried Meat Lake Regional Solid Waste Authority to provide for solid waste management and disposal. The partner municipalities entered into an Amended and Restated Authority Agreement on the 8th day of September, 2017. The Amended and Restated Authority Agreement supersedes all previous agreements. The managing partner is Camrose County. The operational costs of the landfill are based on the volume of waste delivered to the landfill by each member municipality. Used with permission from Camrose County &County of Westaskiwin ICF DRAFT http://www.county.wetaskiwin.ab.ca/documentcenter/view/1571

15 SUMMARY EXAMPLE RECREATION:

Camrose County and Leduc County, jointly with several urban municipalities are members of regional library systems to provide Library services. Camrose Page 140 of 164 County is part of the Parkland Regional Library System and Leduc County is part of the Yellowhead Regional Library System.

Both municipalities have additional funding agreements with their urban municipalities to provide library facilities and services.

Used with permission from Camrose County &Leduc County ICF DRAFT http://www.leduc-county.com/public/download/documents/41410

16 SUMMARY EXAMPLE OF THIRD PARTY

West Central Planning Agency Ponoka County and the County of Wetaskiwin No. 10 along with the City of Wetaskiwin, Town of Millet and Town of Rimbey entered into an agreement to Page 141 of 164 establish the West Central Planning Agency commencing operations on the 1st day of April, 1995. As an agency, there is no managing partner. Cost sharing is done annually on a population basis for agreed upon services. Additional land related work requested by individual municipalities will be paid by each municipality directly to the agency.

Used with permission from Ponoka County &County of Westaskiwin ICF DRAFT https://www.county.wetaskiwin.ab.ca/DocumentCenter/View/1575

17 THINGS TO CONSIDER

• Negotiating in “Good Faith” - Consider the cooperative attitude with which you approach negotiations

Page 142 of 164 - Honesty; respect; open communication; joint benefit; sharing information; having representatives that have authority to engage; willingness to negotiate. - Consider the best interest of your municipality. o Accountability to your Council. - “Remove the Boundary” and consider the best interest of the Region o just as you consider the best interest of your municipality although you (may be) elected in an electoral Ward). o Accountability to the Intermunicipal Collaboration Steering Committee THINGS TO CONSIDER

• Careful not to “imbed” the agreements in the ICF, but rather summarize and reference them so that everything does not require that the ICF be amended. Page 143 of 164 • There needs to be a mechanism to amend the ICF (Change is constant) • “Imitation is the highest form of flattery” - we can borrow/adapt approaches used by other municipalities (eg: dispute resolution) • Need to revisit ICF every 5 years (ie: start review at about Year 3) MODELS FOR COLLABORATION

• By Agreement - Fee for service/supply agreement, Funding Agreement, in kind, etc. Page 144 of 164 • Joint Ownership/Governance Structure - Co-ownership; Regional Service Commission; Part 9 Company; Society; Federal Non- Profit; Municipal Corporation, Joint Venture

• As always, “Form should probably follow Function” - ie: determine the What before identifying the How IDP’S – WHAT’S NEW?

• Now Mandatory for all municipalities (excl. Growth Management Board members) • Existing IDP’s need to be updated to meet the new regulations Page 145 of 164 • What must be included: - Future land use; - Future Development - Transportation Systems - Intermunicipal Programs related to physical, social and economic development; - environmental matters, and - …any other matter that Councils consider necessary. IDP’S MUST INCLUDE (CONTINUED)

• A procedure to resolve disputes between the municipalities who adopted the plan; • A procedure to be used by one or more municipalities to amend or repeal the plan Page 146 of 164 • Procedure for administration of the plan • Public Engagement: - Notify the public of process for preparation of IDP and means to provide input; - Notify School Boards - process for any affected party to make suggestions and representations; - Adopt Bylaws with required advertising, three readings and a public hearing. - Achieve, and maintain consistency with other Statutory Plans THINGS THE WORKPLAN MAY INCLUDE:

• Review of current planning documents • Growth Management Study

Page 147 of 164 • Transportation Master Plan • Utility Master Plan • Joint Economic Impact Analysis • Environmental Studies • Future Development Areas • Future Potential Annexation Areas (and areas to protect from Annexation) • • CONSIDERATIONS:

• Environmental Reserves • Appropriate (and inappropriate) Uses • Watersheds • Competing Interests Page 148 of 164 • Water bodies • Reciprocity Environmentally defective lands • • Clarity • Irrigation ditches • Discretion • Consistency with South Saskatchewan • Land Stewardship Regional Plan • Off-Site Levies (cross boundary) • IDP’S VS ICF”S

IDP ROAD EXAMPLE: ICF ROAD EXAMPLE (a) Road location (a) Maintenance Page 149 of 164 (b) Capacity (b) Joint emergency response (c) Area that will be serviced (c) An agreement for shared use of a road (d) Road width/standard LEGAL ADVICE

Pursue advice periodically through the process Consider Joint Retainer for Legal Services for Committee Page 150 of 164 ACKNOWLEDGEMENTS

• “Emerging Trends” – Brownlee LLP (February 8, 2018) • “Getting Engaged – Regional Collaboration” Brownlee LLP (May 17, 2018) Page 151 of 164 • ICFs and IDPs –Vicinia (Austrom/Armitage) (September 7, 2017) • AUMA Summary of July 2017 MGA Regulations (July 26, 2017) • 2018 ICFIDP Workshop – Alberta Municipal Affairs (March 3, 2018) WHERE DO WE GO FROM HERE?

• “ICF 101” to ensure everyone understands the regulations similarly DONE • Steering Committee “Meeting Norms” or “Ground Rules” Page 152 of 164 • Review and input into recommended Principles (for Working Group and Steering Committee, as well a Council decision making) • Review and input to the Committee’s Mandate and Terms of Reference • Seek direction from your Council (Priorities; Negotiables) • Workplan for next 22 months

Interim Chief Administrative Officer (CAO) Report

• Absent - July 8 – 13 (Vacation)

• External Activities:

- Signed letter of agreement and held meetings with Bannister Research to finalize the Cypress County Resident Satisfaction Survey, as directed by Council;

- Signed letter of agreement and held meetings with Davies Consulting Group to initiate the CAO recruitment, as directed by Council;

- Oversaw transacting of changes to existing staffing and initiation of recruitment of new staff authorized by Council on July 3, 2018;

- Participated in two (2) ICF Working Committee meetings to prepare for upcoming Steering Committee Meetings (August 23 and October 28)

- Meeting with CNRL regarding their taxation and intent to have assessment reviewed Provincially.

- Meetings with Town of Redcliff regarding findings from solid waste study, as well as meeting with City of Medicine Hat and Town of Redcliff

• Review and authorize July 31, 2018 Agenda

• Conducted regular one-on-one meetings and coaching with senior staff

• Participated in bi-annual meeting of Emergency Management Agency

Recommendation Council move to receive the Interim Chief Administrative Officer Report as presented.

Respectfully submitted:

Peter Tarnawsky Interim CAO Cypress County

Page 153 of 164 CAO Report ‐ Status of Council Directives

Resolution Percent Complete Date Resolution Status Number Complete Y or N Agreement with Alberta Parks for Fire Fighting Services Awaiting response from Alberta 4‐Jul‐13 No Res. 50% N Environment & Parks Attain a Certificate of Recognition and participate in the PIR program. 2017 integral health and safety audit has been accepted by AMHSA. External audit 12‐Jan‐16 2016/16 to be complete in summer/fall of 2018 to 85% N go for COR certification.

Allocate a maximum of $30,000 from Money in Place of Reserve to Waiting for environmental approvals 16‐Aug‐16 2016/421 Sandy Point Park Boat launch improvements, contingent on matching 50% N funds from Special Areas Board. Retain the Walsh Water License and offer an agreement with the Requested a draft agreement from lawyer. 6‐Dec‐16 2016/589 Graburn Raw Water Pipeline Society to operate the line including all 30% N repairs and maintenance. Page 154of164 Review and update the Peace Officer job description and bring back to Draft to be reviewed between CAO & 17‐Jan‐17 2017/33 a future meeting. Emergency & Protective Services 70% N Supervisor. Draft a survey asking County rural residents about internet service and On hold, pending further outcome and 7‐Mar‐17 2017/141 0% N bring back to a future meeting. direction of dark fibre opportunity Survey and register a road plan on Mr. Yeast’s private driveway and Awaiting AB Land Titles approval 4‐Apr‐17 2017/167 75% N designate the bypass road as a bladed trail. Implement intersection turning radius improvements from 20 metres Construction completed, paving to be 18‐Jul‐17 2017/363 to 25 metres at the Twp Rd 120 and Rge Rd 60A northeast corner. applied in spring 2018. 50% N

Upgrade the Veinerville Water Station to include Standby Generator, Negotiating with City of Medicine Hat for Chlorine Injection, and SCADA plus infrastructure for higher volumes land purchases. 18‐Jul‐17 2017/365 30% N and pressure (17 L/s at 85 psi) at a cost estimate of $451,000 funds to come from the water and sewer fund. Complete a study on all Solid Waste Transfer Sites in the County and Gathering information ‐ 2017 hauling 24‐Oct‐17 2017/492 bring back recommendations to a future meeting. costs, researching costs for household pick‐ 20% N up in promoting hamlets. Cancel portions of Road Plan 1415 BM, 4370 BM, 871 0770, 4457 JK Awaiting AB Land Titles approval 5‐Dec‐17 2017/570 40% N on Eagle Butte Road in Township 6, Ranges 2 & 3. Cancel portions of Road Plan 2384 EZ, 2391 EZ, 2414 EZ on Rge Rd 33 Awaiting AB Land Titles approval 5‐Dec‐17 2017/571 40% N in Township 6, Range 3. CAO Report ‐ Status of Council Directives

Resolution Percent Complete Date Resolution Status Number Complete Y or N Cancel portions of Road Plan 660 KL within NE ¼ SEC 4‐9‐2 W.4M. to Awaiting AB Land Titles approval 5‐Dec‐17 2017/572 40% N add back into GRL 35406. Prepare a variety of conceptual plans for the development of the 39 Researching and considering options 6‐Feb‐18 2018/58 10% N lot, residential subdivision in Irvine. Invite Mayor of Whitecourt, Maryann Chichak and Reeve of Woodland Email contact list has been created for County, Jim Rennie to give a presentation on Intermunicipal invitees, waiting response from mayor 6‐Feb‐18 2018/61 Collaboration to the County, City of Medicine Hat, Town of Redcliff Chichak and Rennie. 30% N and all other south zone municipality representatives.

Negotiate with Alberta Transportation in regard to improved Met with Alberta Transportation, and maintenance of Highway 515. email received from Volker Stevin, met 20‐Feb‐18 2018/98 with AB Trans July 6 to discuss options. 40% N Another meeting to be scheduled in Page 155of164 August. Administration to evaluate accessibility and viability of land, as Evaluate land 17‐Apr‐18 2018/204 0% N discussed in the Confidential Session, for a future logistics park. Authorize the Reeve and CAO to engage in formal discussions with the Schedule meeting with City of Medicine City of Medicine Hat regarding a paved trail providing a safe linkage Hat between the Desert Blume and Medicine Hat communities for walking & biking, as an alternate to the public roadway, and that staff bring a 17‐Apr‐18 2018/194 5% N report identifying potential costs, timing and other implications for planning and construction of such a trail for consideration by Council as part of the 2019 budget planning process.

Exempt the sanitary sewer connection requirement located at 148 6th Agreement has been sign by land owner, Street Suffeild on the conditions of an agreement signed and a cavet awaiting land titles registration registered on the title, with the following conditions:Connection to the Sanitary Sewer Services must be made when: Additions to or 1‐May‐18 2018/238 75% N replacement of the residence occurs, Transfer of title of ownership, Failure of current septic field. CAO Report ‐ Status of Council Directives

Resolution Percent Complete Date Resolution Status Number Complete Y or N Staff to evaluate approaches for treatments of hamlet boulevards and Draft policy and bring back to Aug 7 mtg. 1‐May‐18 2018/243 laneway vegetation control and bring back a draft policy for Council 0% N approval at the August 7, 2018 meeting. Administration to track costs and recoveries achieved from the Grain Track and include costs in annual ASB 1‐May‐18 2018/215 Bag Rolling and Recycling program to be included in the 2018 Report 25% N Agricultural Services Board report. Administration to have a facility audit completed on the Irvine Ag Request for Proposal awarded Complex and postpone the Requests for Proposals for a County 1‐May‐18 2018/226 20% N Recreation and Parks Master Plan, including cemeteries, until the condition and serviceability of this facility is known. Administration to research cost and implications of undertaking Reseach cemetaries act. Creating a list of perpetual care and services of cemeteries and bring back to a future cemetaries and ownership within County meeting. borders List and maps created. Ag

Page 156of164 1‐May‐18 2018/227 80% N employees to provide pictures throughuot summer, rainy day projects.

Administration to evaluate and recommend augmenting the funding 1‐May‐18 2018/242 to Suffield Library in light of the library receiving $20,000 less from 0% N CFB Suffield, than in 2017 Administration to coordinate with CP Rail to alternate closing the Coordinate with CP to close crossings crossings at Rge Rd 65 and Rge Rd 70 for a two week period each. Paul 15‐May‐18 2018/259 Whalen, Western Grade Crossing Coordinator from Canadian Pacific 50% N Railway, was present, and granted permission from Council to provide clarification. Hire WSP Canada Inc. to complete a detailed engineering analysis for storm water management and related options affecting Plan 0612325, 15‐May‐18 2018/289 Complete analysis 50% N Block 8, Lot 11PUL at a cost not to exceed $15,000. Funds are to come from the Operating Reserve. Complete a Stormwater Management Plan for Irvine, not exceeding $30,000, with funds coming from the Operating Fund and to include a 15‐May‐18 2018/264 Hire Engineering Firm 0% N Stormwater Management Plan for Seven Persons in the 2019 Budget. CAO Report ‐ Status of Council Directives

Resolution Percent Complete Date Resolution Status Number Complete Y or N

Receive the Dunmore Future Developments Traffic Impact Assessment as information, and to send a letter to Alberta Transportation requesting the Province to provide 50% of the costs Send letter to AB transportation. Waiting 5‐Jun‐18 2018/301 associated with the installation of traffic signalization and roadway for AB transportation to set up a meeting 40% N improvements at the intersection of Highway 1 and Eagle Butte Road to discuss the intersection and Charles Street, with $370,000 funded from the County’s Accelerated Rehab Fund, subject to potential redesign. Administration to send a letter to the Minister of Transportation to request permission to restrict bicycle usage on Twp Rd 120 and draft a Engage in public consultation, Letter has 5‐Jun‐18 2018/303 95% N resolution for regional support for the Foothills Little Bow Association been sent to to Minister, Draft Resolution. meeting in October 2018. 5‐Jun‐18 2018/313 ACP matching Funds $20,000 in the 2019 Operating Budget. Add to 2019 Budget 80% N Page 157of164 Alberta Water Exchange contacted regarding acceptance of terms discussed Administration to sign an agreement with Alberta Water Exchange for 5‐Jun‐18 2018/324 in Council. Waiting for engagement papers 80% N the services in procuring water licence for the County. from AWE. Enguagement papers sent to lawyers. Reviewing Agreement

Approved the sixteen Undeveloped Road Maintenance Requests in Attachment 1 at a cost of $232,200, with the additional $2,200 funded from unallocated funds in the 5 year Road Construction Plan, and Notify Rate Payers of approved requests 19‐Jun‐18 2018/352 75% N address request 14 through the 2018 Road Construction Program and and bring back policy that staff bring forward Policy R9 Undeveloped Road Maintenance for Council review to a future meeting. Administration to apply for a Finance Internship and an Administration 19‐Jun‐18 2018/344 Internship and build the positions into the budget, should the Apply for Finance Internship 0% N applications be successful. Accept EGS Farms LTD $2,000 offer to purchase ¾ acre plot located Receive payment for land. Notification within the east half of SW 15‐12‐6‐W4. 19‐Jun‐18 2018/345 sent to EGS farms. Waiting legal 80% N

documentation to close sale CAO Report ‐ Status of Council Directives

Resolution Percent Complete Date Resolution Status Number Complete Y or N Authorize the Reeve and CAO to sign the Fire Services Memorandum Agreement has been sent to City, awaiting 19‐Jun‐18 2018/332 of Agreement between the City of Medicine Hat and Cypress County 100% N thier signature effective July 1, 2018 to March 31, 2020. Direct Administration to undertake the Recommended Next Steps as 19‐Jun‐18 2018/365 Undertake next steps 50% N discussed in Closed Session. (Westar Landfill) Administration to bring back amendments to Bylaw 2015/26 Cypress County Municipal Development Plan specifying that confined feeding 3‐Jul‐18 2018/373 operations are to be located where access to the site may be gained Bring back Bylaw 2015/26 0% N from gravel, new high‐grade roads, and to draft a road use agreement bylaw for Council’s consideration. Administration to bring back information for paying for Firefighter 3‐Jul‐18 2018/375 Bring back RFD 0% N Class 3 license to drive the water tender. Offer the City of Medicine Hat $65,000 for their Water Tender with Offer to purchase tender forwarded to

Page 158of164 3‐Jul‐18 2018/374 50% N funds coming from the Vehicle and Equipment Fund. City of Medicine Hat

Staff to apply for a grant opportunity from the Federation of Canadian Municipalities’ (FCM) Municipal Asset Management Program MAMP for Engineering Study of Major Recreational Facilities owned by the County. Be it therefore resolved that the County commits to conducting the following activities in its proposed project submitted grant application processed and sent to 3‐Jul‐18 2018/378 to the Federation of Canadian Municipalities’ Municipal Asset 90% N Federation oof Canadian Municpalities Management Program to advance our asset management program: a) Facility Assessment of Irvine Ag Complex and possible expansion b) Facility Assessment of Schuler Skating rink c) Facility Assessment of Schuler Curing rink and possible expansion.

Send funds to MH & District Track and Provide $23,000 to the Medicine Hat and District Track and Field 3‐Jul‐18 2018/381 Field Society. Check has been requested 80% N Society with funds coming from Money in Place of Municipal Reserve. from AP CAO Report ‐ Status of Council Directives

Resolution Percent Complete Date Resolution Status Number Complete Y or N

Administration to erect a memorial in honor of James Hargrave 3‐Jul‐18 2018/376 outside the Walsh Fire Station with the County’s contribution being a Complete Memorial 0% N maximum of $10,000 with funds coming from General Reserve. Direct staff to initiate a Resident Satisfaction (Community Household) Survey at an estimated cost of $20,200 funded in 2018 from 3‐Jul‐18 2018/392 Finalize survey and send to Courier 70% N unallocated surplus funds and built into the budget bi‐annually thereafter; and Direct staff to enable succession planning and transition of two 3‐Jul‐18 2018/392 positions during the balance of 2018 at a cost of $106,000 during the 0% N balance of 2018 funded from unallocated surplus funds. Page 159of164

COUNCIL REQUEST FOR DECISION PROJECT: Delegation Request – Prairie Rose School Division No. 8 PRESENTATION DATE: July 31, 2018 PRIORITY AREA: REQUESTED BY: Municipal Services Reeve Oster BUDGET IMPLICATION: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

LEGISLATIVE DIRECTION: ☐ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None COU 7 Council Meeting Delegations STRATEGIC PLAN GOAL: STRATEGY: 4.0; Cypress County is recognized for its strong partnerships and community engagement. ATTACHMENT(S): 1. Request from School Division (July 9, 2018) RECOMMENDATIONS: 1. That Council approve the delegation request from Prairie Rose School Division, for September 4, 2018 at 11:00 A.M. ALTERNATIVE: 2. That Council determine another appropriate time to receive the Prairie Rose School Division.

Page 160 of 164 t V Prairie Ros_e_ School D1v1s1onN0. 8 “Everyone Learning Together”

July 9,2018 C? ;_.;::g?’1 ‘F iv! ,1;as«pg, Reeve Richard Oster Cypress County 816 2"“Ave _~,, ...... #1‘ (rm Dunmore, AB T1B OK3 [email protected]

Re: Reguest to Present Regarding Rural Depopulation and LocalRealities

Dear Reeve Oster,

As public-sector organizations that serve predominantly rural populations, it is an ongoing to challenge to balance the demand on resources and continue to operate balance budgets. Rural depopulation is influencing many decisions and statistics show the current trend is not changing anytime soon.

Despite these realities, the Prairie Rose School Division Board of Trustees continues to work hard to advocate for students and families in several areas, including education quality and transportation funding.

We would like to request some time to speak with your council regarding our common needs and how best to serve local stakeholders. The presentation would be approximately 15 minutes in length and focus on our rural context, challenges and partnership opportunities to support families. We would also liketo share with you how Prairie Rose School Division is tackling some ofthese challenges at the provincial level.

The board's goal is to visit all of the municipal/county partners this upcoming fall. It would be helpful if you could provide us with a list of dates and times that would coordinate with your meeting schedule.

Ifyou have any questions and to share possible meeting dates, please contact Prairie Rose School Division Secretary—Treasurer Ryan Roser ([email protected] or 403-527-5516 ext. 2313).

Sincerely,

Stuart Angle Board Chair, Prairie Rose School Division

918 - 2nd Avenue | Dunmore, AB T1B 0K3 | Ph: (403) 527-5516 wwvv.prsd8.com Page 161 of 164

COUNCIL REQUEST FOR DECISION Title: Policy R22 Road Allowance Tree and Brush Control Presentation Date: July 31, 2018 Responsible Division: Requested By: Public Works Services Reeve Oster Budget Implication: ☒ N/A ☐ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None

Previous Council Direction: Resolution No. 2017/33 – February 7, 2017: Council approved Policy R22 Road Allowance Tree and Brush Control as presented.

Strategic Plan Goal: Strategy: 3.0: Cypress County provides high-quality, safe 3.3: Maintain high quality roads and and affordable services and amenities equipment Attachment(s): 1. Policy R22 Road Allowance Tree and Brush Control Recommendations: 1. That Council direct Administration to bring forward amendments to Policy R22 Road Allowance Tree and Brush Control. Alternative Recommendation: 2. That Council direct Administration to leave Policy R22 Road Allowance Tree and Brush Control as is.

Background: A request was received to bring Policy R22 Road Allowance Tree and Brush Control back for discussion and consideration.

Page 162 of 164

COUNCIL REQUEST FOR DECISION Title: Rge Rd 20 Maintenance Presentation Date: July 31, 2018 Responsible Division: Requested By: Public Works Services Councillor E. Mudie Budget Implication: ☐ N/A ☒ Funded by Dept. ☐ Reallocation

Legislative Direction: ☐ Provincial Legislation ☐ County Bylaw ☒ County Policy ☐ None

Previous Council Direction: Resolution No. 2017/574 Council amended the 5-Year Road Construction Plan by removing Priority 4, Rge Rd 14 and to hold a Road Tour in the spring of 2018.

Strategic Plan Goal: Strategy: 2.0: Cypress County ensures infrastructure is 3.3: Maintain high quality roads and equipment effectively maintained, enhanced and evaluated 3.0: Cypress County provides high quality, safe and affordable services and amenities Attachment(s): None Recommendations: 1. Council move to have Rge Rd 20 between Twp Rd 20 and Hwy 501 added to the 5-Year Road Construction Plan. Alternative Recommendations: 2. Council direct Administration to fill low spots, upgrade existing and install new culverts on Rge Rd 20 between Twp Rd 20 and Hwy 501 at an estimated cost of $320,000 with funds coming from Accelerated Rehabilitation Funds. 3. Council move to construct Rge Rd 20 between Twp Rd 20 and Hwy 501 to a Low Grade Gravel Road with 0.5 metre grade and 8 metre top at an estimated cost of $750,000 with funds coming from Accelerated Rehabilitation Funds. 4. Council move to receive for information.

Background: Rge Rd 20 between Twp Rd 20 and Hwy 501 is approximately 16 km of road classified a Dirt Trail (Bladed Summer Only) that has a gravel surface and travels through leased land. This section of road is maintained 2 to 3 times a year, typically in the spring, summer and fall.

Page 163 of 164

Estimated costs to fix approximately 8 low spots, upgrade 5 existing culverts and install 8 additional new culverts to improve drainage is $320,000.

Estimated costs to construct to a Gravel Low Grade road with a grade approximately 0.5 metres with 8 metre top is $750,000.

Added costs are considered because this area is recognized as a delicate habitant for protected Sage Grouse, variety of Birds and Grasslands. Environmental studies would be evident.

In May 2016, traffic counts showed and average of 49 vehicles per day, 43 medium sized vehicles (Cars, Trucks), 1 larger sized vehicle (Tractor Trailers), 5 smaller sized vehicles (Motor Bikes, Quads).

In 2016 a budget of $230,000 was approved for minor and major Maintenance on Undeveloped Roads with funds coming from Gravelling Road Maintenance Program that would apply in 2017. Policy R 9 Undeveloped Road Maintenance would not apply to Rge Rd 20 because no application from a rate payer was received for 2018. The dead line for applications to be submitted was August 31, 2017.

23 new applications requesting Undeveloped Road Maintenance have been received for 2018.

Page 164 of 164