WHAT HAPPENED?
An Alberta resident raised concerns when a summer village approved a development permit for their neighbour’s property. As an affected party, the resident submitted an appeal to the Subdivision and Development Appeal Board (SDAB). The individual learned that because of a recent bylaw change, the fee to submit the appeal had increased to $2,000. The summer village set the fee for the SDAB appeal, and placed the burden of hearing costs on the individual appealing and not on all taxpayers.
WHAT DID THE OMBUDSMAN’S OFFICE DO?
The investigator reviewed the complaint and determined that the fee of $2,000 was significantly higher than any other fee our office had previously seen and it was a substantial increase from what the summer village used to charge. The Ombudsman determined the fee was an unreasonable barrier to access the appeal process and the relevant bylaw did not offer any alternatives to waive or lower the fee to ensure the appeal process was accessible.
WHAT WAS THE OUTCOME?
At the conclusion of a full investigation, the Ombudsman recommended the summer village create and implement a fair process for applicants to appeal the SDAB application fee. Further, the Ombudsman observed it may be helpful to the process for the summer village to keep records for the enforcement of its bylaws as well as provide a process to waive additional fees. The summer village accepted the Ombudsman’s findings, changed its bylaw, and reduced the fee.
WHY DOES IT MATTER?
When reviewing complaints, our investigators use our office’s Administrative Fairness Guidelines. One of those guidelines speaks to the duty of fairness. Legislation requires municipalities to provide access to a review process through the creation of SDABs. It is administratively unfair to be prevented from accessing a mandated review process because of an unreasonable cost. The Ombudsman recognizes the summer village for working with our office and making a more administratively fair process for its residents.
