A municipal bylaw in Canada becomes law when the local council follows the process required by provincial legislation and the municipality’s own procedure rules. In many provinces, that involves three readings, but Canada has no single municipal bylaw procedure. The required steps vary significantly by province and by the type of bylaw involved.
Additional notice, public hearings, approvals, elector assent or approval, publication, signing, sealing, or other formal steps may be required. A bylaw may also be passed or adopted before the date on which it actually comes into force.
What is a bylaw?
A bylaw is a local law made by a municipality under authority granted by provincial legislation. Typical subjects include noise, animal control, business licensing, parking, zoning, building standards, utility rates, and how council itself conducts meetings.
A resolution is not a bylaw.
Council uses a resolution for a decision or direction that does not require a bylaw. If applicable legislation requires a municipal power to be exercised “by bylaw,” a resolution is not a substitute.
Municipalities operate under provincial constitutional and statutory authority. The enabling statutes have different names. For example, Ontario has the Municipal Act, 2001 and Planning Act; British Columbia has the Community Charter and Local Government Act; Alberta has the Municipal Government Act; and New Brunswick has the Local Governance Act and Community Planning Act.
The terminology changes from province to province. The basic principle does not: a municipality’s authority comes from provincial law and is subject to the limits imposed by applicable legislation.
A municipality cannot use a bylaw to override the Constitution or a valid federal or provincial law.
Where do bylaw ideas come from?
Many proposed bylaws begin with municipal staff. A department may identify a regulatory gap, a recurring complaint, a change in legislation, or another issue and prepare a report and draft bylaw for council.
A councillor can also ask staff to prepare a bylaw.
In designated Ontario municipalities subject to the strong-mayor framework, the head of council has specified statutory powers concerning certain proposed bylaws. Those powers are Ontario-specific and are not the national default.
The proposed bylaw is then placed before council in accordance with the applicable meeting and notice rules.
Council must follow the applicable open-meeting requirements when considering and passing a bylaw. A municipality cannot simply move a bylaw decision into a closed meeting to avoid requirements that the law makes applicable to public meetings. Ontario, for example, generally requires council meetings to be open while providing specific statutory exceptions.
What do the three readings mean?
A “reading” is generally a formal stage at which council considers and votes on a proposed bylaw. The exact mechanics differ by province.
In many councils, the clerk reads the bylaw’s title or identifying number rather than reading every word aloud. Some provincial statutes also impose specific requirements about when councillors must have had an opportunity to review the full text.
For example, Alberta requires councillors present at first reading to be given or have an opportunity to review the full text. Before third reading, they must also be given or have an opportunity to review the full text and any amendments made after first reading.
First reading:
The bylaw is formally introduced and council decides whether to move it through the required process. Passing first reading does not mean the bylaw has been finally passed.
Second reading:
Council considers the proposed bylaw further. Depending on the jurisdiction and type of bylaw, this may involve debate, amendments, a public hearing, or other statutory requirements.
Third reading:
Council gives the proposed bylaw its final required reading where the applicable legislation uses a three-reading process. If the required vote fails, the bylaw does not pass.
The meaning and timing of the readings vary by province. They should not be treated as one identical national procedure.
Some provinces then require another step called adoption.
British Columbia is a clear example. Under the Community Charter, a municipal bylaw must receive three readings before adoption, and there is generally at least one day between third reading and adoption. Certain legislation creates exceptions, including for some planning bylaws.
How provinces differ
The three-reading structure is widely used, but the timing rules and additional requirements are not identical.
British Columbia
Under the Community Charter, a municipal bylaw must receive three readings before adoption. A council may give up to three readings at one meeting, subject to the applicable legislation and procedure bylaw. There must generally be at least one day between third reading and adoption.
If legislation requires provincial approval or elector approval or assent, that step must occur after third reading and before adoption. Once adopted, the bylaw must be signed by the presiding council member and corporate officer.
Planning bylaws have additional statutory rules. The Local Government Act contains public-hearing requirements and statutory exceptions for certain official community plans and zoning bylaws. Certain official community plans and zoning bylaws may also be adopted at the same meeting as third reading despite the general one-day rule.
Alberta
Alberta requires every proposed bylaw to have three distinct and separate readings.
No more than two readings may occur at one meeting unless the councillors present unanimously agree to consider third reading. Councillors must also be given or have an opportunity to review the full text at the stages specified by the Municipal Government Act.
Land-use and statutory-plan bylaws have additional public-hearing requirements. A bylaw is passed when it receives third reading and is signed in accordance with the Act.
Saskatchewan
Saskatchewan municipal legislation uses a three-reading process. The applicable municipal statute also controls how many readings may occur at one meeting and the voting requirements.
The precise rules should be checked against the legislation applying to the particular municipality because Saskatchewan has separate statutory frameworks for different types of municipalities.
New Brunswick
Under the Local Governance Act, a bylaw must, to be effective, be sealed with the corporate seal, signed by the clerk and the mayor or presiding officer, and contain the required statement that it is made by council.
The general rule requires the bylaw to be read three times by title and in its entirety at a regular or special meeting at least once before third reading by title. The Act also allows a statutory alternative involving a summary where specified notice and inspection requirements have been met. Unless an emergency is declared in the manner provided by the Act, no more than two of the three title readings may take place at one meeting.
Planning bylaws can have additional requirements under the Community Planning Act, including procedures for public participation and objections.
Ontario
Ontario does not impose the same general statutory three-reading formula found in Alberta.
The Municipal Act, 2001 requires every municipality to have a procedure bylaw governing the calling, place and proceedings of council meetings. That procedure bylaw also deals with public notice. Many Ontario municipalities use three readings for bylaws under their procedure bylaws, but the exact process must be checked against the municipality’s procedure bylaw and the legislation governing the particular subject.
Planning matters are different. The Planning Act contains its own public-meeting, notice and decision-making requirements.
Nova Scotia
Nova Scotia uses a different statutory process.
Under the Municipal Government Act, a bylaw is read twice. At least 14 days before second reading, notice of council’s intention to consider the bylaw must be published in the manner required by the Act.
The Act also sets requirements for publication and provides that a bylaw has the force of law upon publication after it has been passed and any required approval has been obtained.
Quebec
Quebec municipalities pass règlements under provincial municipal legislation. The statutory framework and terminology differ from those used in common-law provinces.
The process should therefore be checked against the legislation governing the particular Quebec municipality, including the Cities and Towns Act where applicable, rather than assuming that an Ontario or Alberta three-reading process applies.
When is extra notice or a public hearing required?
Routine bylaws — such as certain fee schedules or meeting-procedure changes — may proceed through the municipality’s ordinary council process, subject to any specific statutory requirements.
Land-use matters are different.
Zoning, official community plans, official plans, and similar planning bylaws often have additional notice, public-hearing, public-meeting, or objection requirements. The exact requirements depend on the province and the type of planning bylaw.
For example, Alberta requires a public hearing for specified land-use and statutory-plan bylaws after first reading and before second reading. British Columbia has statutory public-hearing requirements for specified planning bylaws, subject to exceptions. New Brunswick planning legislation provides procedures for hearing objections.
Advertising or other notice can also be required for particular subjects, such as certain road closures or municipal borrowing.
First reading can occur before some notice requirements are completed. Where legislation makes notice, a hearing, approval, or another step a prerequisite to a later stage, the municipality must complete that requirement before proceeding to that stage.
How a typical bylaw moves, in order
- Staff or a member of council prepares a draft and supporting material.
- The proposed bylaw is placed before council in accordance with the applicable meeting and notice rules.
- Council gives the required first reading or initial consideration.
- If the legislation requires public notice, a public hearing, an objection process, or outside approval, those steps occur at the point required by the applicable legislation.
- Council considers and, where permitted, amends the proposed bylaw and gives the remaining required readings.
- Council completes any required final adoption, approval, assent, signing, sealing, certification, or other formalization steps.
- The bylaw comes into force when the applicable legislation and the bylaw itself say it does.
The exact sequence can change depending on the province and type of bylaw.
When does a bylaw start to apply?
Passing or adopting a bylaw and bringing it into force are not necessarily the same moment.
British Columbia, for example, provides that a municipal bylaw comes into force on the later of the date it is adopted and a date set by the bylaw.
Other provinces have their own rules governing when a bylaw takes effect.
A bylaw may therefore be passed today but state that it comes into force on a later date to give affected people or businesses time to comply.
Until the applicable effective date, the previous bylaw generally continues to govern where one exists and where the new bylaw has not otherwise changed the legal position.
What a bylaw cannot do
A bylaw must stay within the authority granted to the municipality by the Constitution, provincial legislation, and other applicable law.
It can also be challenged where the municipality failed to follow a mandatory procedural requirement.
For example, a bylaw may be vulnerable if council acted beyond its statutory authority, failed to obtain a required approval, failed to follow a mandatory hearing or notice requirement, or otherwise acted unlawfully.
Courts can set aside or invalidate an unlawful bylaw. The available legal remedy and grounds for challenge depend on the province, the enabling legislation, and the circumstances.
A court challenge is a judicial process. It is not simply a second council vote.
Amending or repealing a bylaw generally requires another bylaw and may trigger the same or additional procedural, notice, hearing, approval, or assent requirements. The exact requirements depend on the province and the type of bylaw. British Columbia, for example, expressly provides that the power to amend or repeal a bylaw must generally be exercised by bylaw and is subject to the same approval and other requirements that applied to the original authority.
How the public actually participates
Watch the municipal agenda and meeting materials.
Municipalities generally publish upcoming council business and, where required, provide additional notice for proposed bylaws. For planning files, the applicable notice will generally explain where the proposal can be reviewed and how members of the public can participate.
Speaking at a public hearing is not a veto.
Where legislation requires a hearing, council must follow the statutory hearing process and give affected people the opportunity required by law. That does not necessarily mean council must adopt the position expressed by participants.
A hearing is legally deficient because the municipality failed to hold a required hearing or failed to follow the applicable statutory requirements — not simply because members of the public disliked the outcome.
If a bylaw requires elector approval or assent, that is a separate statutory process. In British Columbia, for example, required elector approval or assent occurs after third reading and before adoption.
Not every bylaw takes the same route.
How the processes compare
Three readings:
Common in Alberta, Saskatchewan, and New Brunswick, and used by many Ontario municipalities under their procedure bylaws.
Three readings plus a public hearing or other public-participation process:
Required for specified planning matters in Alberta, British Columbia, and New Brunswick, subject to the exceptions and procedures contained in each province’s legislation.
Three readings plus a later adoption step:
British Columbia municipal bylaws generally follow this sequence, although legislation creates exceptions for certain bylaws and circumstances.
Three readings plus outside approval or assent:
Some bylaws require provincial approval, elector approval or assent, or another statutory step in addition to the readings. The timing of that step varies by province and bylaw type.
Two readings:
Nova Scotia uses a different statutory process under its Municipal Government Act.
Common mistakes
People treat first reading as final approval. It is not.
People assume every Canadian municipality uses the British Columbia “one clear day” rule. It does not. The timing and number of readings permitted at one meeting differ among jurisdictions.
People look for a federal municipal-bylaw process. There is no single federal process. Municipalities operate under provincial authority.
People confuse a staff recommendation with a bylaw. A draft or staff recommendation is not itself a completed municipal law.
People assume that passing a bylaw automatically means it is already in force. Depending on the jurisdiction and bylaw, additional adoption, approval, publication, signing, sealing, or effective-date requirements may apply.
The short answer
A municipal bylaw becomes law through the process required by the province and the municipality’s own applicable rules. That may involve readings, public notice, a public hearing, elector approval or assent, provincial approval, adoption, signing, sealing, publication, or other formal steps.
There is no single Canadian procedure.
The safest way to determine whether a particular bylaw was validly passed is to check the legislation governing that municipality, the municipality’s procedure rules, the type of bylaw involved, and the council record showing what steps were actually taken.
SOURCES: British Columbia Community Charter; British Columbia Local Government Act; Alberta Municipal Government Act; Saskatchewan The Municipalities Act, The Cities Act, and The Northern Municipalities Act, 2010; New Brunswick Local Governance Act; New Brunswick Community Planning Act; Ontario Municipal Act, 2001; Ontario Planning Act; Nova Scotia Municipal Government Act; Quebec Cities and Towns Act; and applicable municipal procedure bylaws.
