Key Responsibilities

The Municipal Government Act contains 710 sections regarding municipalities and municipal officials.  The sections outlined below provide an understanding of the legislated roles and responsibilities of municipalities and municipal officials.

Section 3  Municipal Purposes

The purposes of a municipality are:

a) to provide good government
b) to provide services, facilities or other things that, in the opinion of council, are necessary or desirable for all or part of the municipality, and
c) to develop and maintain safe and viable communities.

Section 6  Natural person powers

A municipality has natural person powers, except to the extent that they are limited by this (the MGA) or any other enactment.

Section 153  General Duties of Councillors

Councillors have the following general duties:

a) to consider the welfare and interests of the municipality as a whole and to bring to council's attention anything that would promote the welfare or interests of the municipality
b) to participate generally in developing and evaluating the policies and programs of the municipality;
c) to participate in council meetings and council committee meetings and meetings of other bodies to which they are appointed by the council;
d) to obtain information about the operation or administration of the municipality from the chief administrative officer;
e) to keep in confidence matters discussed in private at a council or council committee meeting until discussed at a meeting held in public
f) to perform any other duty or function imposed on councillors by this or any other enactment or by the council.

Section 201  Councillor's Principal Role in the Organization

(1) A council is responsible for:

a) developing and evaluating the policies and programs of the municipality;
b) making sure that the powers, duties and functions of the municipality are appropriately carried out;
c) carrying out the powers, duties and functions expressly given to it under this or any other enactment.

(2) A council must not exercise a power of function or perform a duty that is by this or another enactment or bylaw specifically assigned to the chief administrative officer or a designated officer

Section 207 CAO Responsibilities

The chief administrative officer:

a) is the administrative head of the municipality;
b) ensures that the policies and programs of the municipality are implemented;
c) advises and informs the council on the operation and affairs of the municipality;
d) performs the duties and exercises the powers and functions assigned to a chief administrative officer by this and other enactments or assigned by council.

Section 249  Civil Liability of Councillors

(1) A councillor that:

a) makes an expenditure that is not authorized under section 248,
b) votes to spend money that has been obtained under a borrowing on something that is not within the purpose for which the money was borrowed, or
c) votes to spend money that has been obtained under a grant or some-thing that is not within the purpose for which the grant was given

is liable to the municipality for the expenditure or amount spent.

(3) If more than one councillor is liable to the municipality under this section in respect of a particular expenditure or vote, the councillors are jointly and severally liable to the municipality for the expenditure or amount spent.

Section 275  Civil Liability of Councillors

(1) When a municipality makes a borrowing, loan or guarantees the repayment of a loan that causes the municipality to exceed its debt limit, a councillor who voted for the bylaw authorizing the borrowing, loan or guarantee is liable to the municipality for the amount borrowed, loaned or guaranteed, unless the borrowing, loan or guarantee has been approved by the Minister.

(2) If subsection (1) applies to more than one councillor in respect to the by-law, the councillors are jointly and severally liable to the municipality for the amount borrowed, loaned or guaranteed under the bylaw.