Hello Better Infillers—
Our numbers are growing rapidly—these emails now go to more than one thousand people. It’s a privilege to help inform Edmonton’s debate on infill.
Since it’s the middle of summer let’s start with fun: a short light-hearted YouTube video about how community consultation really seems to work: https://www.youtube.com/watch?v=w0Tgu5CnllU
We’ve heard a lot of confusion about what city council can and cannot do concerning zoning bylaws, infill, and the city plan. Sometimes councillors themselves don’t seem to understand the rules. You may know of council’s infamous debate on June 30 about declaring a moratorium on certain kinds of infill, only to decide a moratorium was legally out of order. And you may have heard some developers threaten to sue the city for lost property values if council makes zoning changes.
To cut through the confusion, BetterInfill hired a lawyer specializing in municipal law. The situation is clearer than you may think.
Here are key findings:
1. City council can change any of its bylaws, including zoning bylaws; district plans and policy; and the city plan. To do this, it must follow proper procedures, including advertising the proposed changes and holding a public hearing. City council could, for example, repeal the new zoning bylaw, district plans, and city plan, and replace them with the previous ones while it consulted with the public, as long as it followed proper procedures. Or it could restore the previous mature neighbourhood overlays requiring developers to work within neighbourhood contexts. The moratorium motion failed because it did not follow proper procedure.
2. Neither developers nor homeowners have a right to sue the city for losses that result from zoning changes. If a property loses value because of changes to zoning, the owner cannot come after the city for compensation.
3. A developer who applies for a development permit is subject to any changes in the zoning bylaw until that permit is granted. An applicant for a development permit has no right to that development until the city approves it.
4. Normally a council can only consider a bylaw once a year, but there are two exceptions. If a councillor who voted with the prevailing side changes their mind, they can bring forward a motion to revisit a bylaw in less than a year. And after a general election like the one coming October 20, the new council begins with a fresh slate: they can revisit any bylaw they want, as soon as they want.
We’ve included the opinion letter from the lawyer, Bill Shores.
LATE BREAKING NEWS!! On July 22, an esteemed group of 27 experts sent an extraordinary letter to Prime Mininster Mark Carney, presenting in two pages an incisive analysis of Canada’s housing problems and offering proven solutions. Let's hope governments at all levels pay attention. It was published by The Tyee at this link: https://thetyee.ca/Opinion/2025/07/29/Memo-Carney-Robertson-Fixing-Housing/
Keep the movement growing!
--from the team at Better Infill
Please find below the opinion letter from our lawyer.
Re: Opinion Letter
You have asked for our opinion on the following questions:
A. Can the City of Edmonton change the City Plan, District Plans and Zoning Bylaw to reduce the number of infill units per lot?
B. Is compensation payable in respect of a change to the City Plan, District Plans and Zoning Bylaw to reduce the number of infill units per lot?
C. If someone has applied for a Development Permit under the current Zoning Bylaw, would a change affect them?
A. CAN THE CITY OF EDMONTON CHANGE THE CITY PLAN, DISTRICT PLANS AND ZONING BYLAW TO REDUCE THE NUMBER OF INFILL UNITS PER LOT?
Answer
Yes, the City Council can amend any of these bylaws by following the process in the Municipal Government Act (“MGA”).
Analysis
Edmonton’s City Plan, the District Plans and Zoning Bylaw are each made under the bylaw making authority granted to the City of Edmonton (“City”) under bylaw making power granted under the MGA:
City Plan
City Plan is intended to satisfy the obligation of the City to adopt a municipal development plan as required under section 632 of the MGA. Under section 632, a municipal development plan must be adopted by bylaw.
District Plans
Edmonton’s District Plans are additional statutory plans authorized under section 635.1 of the MGA (which is incorporated into the MGA for the City under the City of Edmonton Charter, 2018 Regulation (“City Charter”).
The Zoning Bylaw
The Zoning Bylaw is intended to satisfy the obligation of the City to pass a land use bylaw as required under section 640 of the MGA.
Any bylaw made under the MGA can be amended by the Council, who must follow the same process as required for the original bylaw. Section 191 of the MGA expressly provides for the amendment of any bylaw made under it. The relevant subsections read:
Amendment and repeal
191(1) The power to pass a bylaw under this or any other enactment includes a power to amend or repeal the bylaw.
(2) The amendment or repeal must be made in the same way as the original bylaw and is subject to the same consents or conditions or advertising requirements that apply to the passing of the original bylaw, unless this or any other enactment provides otherwise.
In short, any City bylaw can be amended or replaced by following the advertising and public hearing requirements set out in the MGA.
Municipal councils must be free to amend or alter their bylaws as circumstances dictate. They cannot bind themselves or a successor council to a course of action. An undertaking, a promise or a contract to maintain zoning cannot be enforced and cannot give rise to damages resulting from rezoning.
In a recent decision, the Court of King’s Bench said:
“it cannot be said that property owners have a right to the continued existence of the regime prevailing at any given time.”
B. IS COMPENSATION PAYABLE IN RESPECT OF A CHANGE TO THE CITY PLAN, DISTRICT PLANS AND ZONING BYLAW TO REDUCE THE NUMBER OF INFILL UNITS PER LOT?
Answer
No. Generally, if changes are based on valid planning purposes, compensation would not be payable for the impact on the value of land from changes to any of these bylaws.
Analysis
Any change to planning bylaws is likely to affect the value of that land, either increasing or decreasing the value of a parcel. A landowner does not have to pay compensation to the City when a zoning change increases the value of their land. A landowner cannot claim compensation from the City if there is a reduction to the value of their land as a result of a zoning change that is made in accordance with the MGA.
The MGA expressly denies the right to compensation for bylaws made under Part 17 of the MGA, which deals with planning and development. Section 621(1) provides:
Compensation
621(1) Except as provided in this Part and in section 28 of the Historical Resources Act, nothing in this Part or the regulations or bylaws under this Part gives a person a right to compensation.
(2) Subsection (1) applies only to this Part and does not create, extinguish or affect rights created, extinguished or affected by the rest of this Act.
City Plan, the District Plans and the Zoning Bylaw are all made under Part 17 and accordingly protected from claims for compensation by section 621(1). In respect of section 621(2), no other provision of the MGA provides any right to compensation from the City for an amendment or replacement of a bylaw made under Part 17.
C. IF SOMEONE HAS APPLIED FOR A DEVELOPMENT PERMIT UNDER THE CURRENT ZONING BYLAW, WOULD A CHANGE AFFECT THEM?
Answer
Yes. Generally, an application for a development permit that has been made but not decided, is subject to the provisions of the new bylaw.
Analysis
Once a permit is issued (and the limitation period for appealing passes), the person to whom it is issued has the vested right to develop in accordance with the permit. However, an application for a development permit does not create any vested rights in the applicant. If a developer applies for a permit and before the developer receives the permit, the City amends the bylaw to reduce the number of infill units, the new bylaw applies to the application.
However, as we have discussed, it would not be open to the City to administratively put a hold on consideration of development permits while a new bylaw made its way through Council. That would be problematic from the perspective of lawfulness and good faith. During the consideration of the new bylaw, the City development officers would have to continue to consider permit applications in the ordinary course and issue permits where applications comply with the bylaw in effect at the time.
CONCLUSION
The establishment of planning bylaws, including City Plan, the District Plans and the Zoning Bylaws, are exercises of democratic decision making by City Council under the MGA. As long as Council acts in accordance with the MGA and for legitimate planning purposes, Council can amend the Land Use Bylaw by reducing the number of infill units (and indeed even take more drastic action to limit where infill units can be built or the rules relating to them).
A developer has no more rights to a specific planning regime than a homeowner on a neighbouring lot. Both of them are subject to changes in the law and neither of them are entitled to compensation when the law changes in accordance with the MGA.
LIMITS ON USE OF OPINION
This opinion is prepared based on the general questions posed and provides general advice in response. It is not intended to be used and should not be used in respect of any specific matter involving a specific property, the zoning applicable to a specific property or any application for a development or use of a specific property or any issue respecting compensation arising from circumstances unique to a specific property. Land use planning law is complex and factually dependent. Specific legal advice must be sought for issues respecting specific properties and their circumstances.