MUNICIPAL LAW
2
representative to interfere in such dominance. As otherwise, rightly pointed out by the
Ontario Superior court and Justice Belobaba that the sudden change of the composition of the
City council amidst election had no evidence of substantial necessity the demanded the
emergence of such sudden change.
Question 2
Most provinces and the provincial governments of Canada holds a limited number of
express powers that bars them from taking decisions on administrative matters like changing
the composition of the City council, making decisions regarding the scheme of taxation of the
citizens, any major changes to municipal government legislations (Lidstone, 2001). However,
exception to this rule the Municipal Government Act 1994 of Alberta give the municipalities
of Alberta the powers of a natural person, thereby enabling its municipalities to exercise
discretionary powers in the course of administration. The legislation empowers the
municipalities of Alberta with certain permissive powers that most municipalities of other
provinces are barred from exercising. Therefore, it could be interpreted that the municipalities
of Alberta have the authority to make certain changes on its own discretionary powers
without having to get approval of any other authority for making such necessary changes.
The Municipal Government Act 1934 of Alberta does not lay out any statutory commitment
for the municipality to make consultations before planning a future change to its City council
and its wards.
However, such discretionary and permissive powers of the province of Alberta under
the Municipal Government Act is restricted in terms of certain actions like the Municipal
Government Act does not have an entrenchment clause of the municipal legislation. In
addition, apart from the basic and emergency powers, the municipalities of Alberta require

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