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The Municipal Government Act section 534 - FAQ


Frequently Asked Questions

 

  1. Why did I receive this notification from The City of Calgary?
  2. How do I make a claim?
  3. Can I submit a claim via fax?
  4. My property was damaged during the construction. Does section 534 compensate for that?
  5. I have a property that abuts a different public work or structure (i.e. not one advertised in the newspaper). Can I claim compensation for that?
  6. My neighbour received a letter, but I did not. Why?
  7. How do I know if I have a claim?
  8. What is injurious affection?
  9. I have questions about the process. Who can I talk to?
  10. My land abuts a public work or structure that was not advertised. Why?
  11. How many projects were included?
  12. How many letters were mailed out as a result of the 665 projects that were identified for years 2007 to 2015
  13. Why am I receiving this notice now and not sooner?
  14. Where do I go for more information?

 

 1.  Why did I receive this notification from The City of Calgary?


    In accordance with section 534 of the Municipal Government Act, (MGA) The City is required to notify owners of land that abuts land on which a public work or structure has been constructed or erected that they may be entitled to compensation from the municipality for “Injurious Affection”.  Injurious Affection means “the permanent reduction in the appraised value of land as a result of the existence, but not the construction, erection or use, of a public work or structure...”

 2.  How do I make a claim?


    You must send any claim in writing to The City. You can mail it in to:

    The City of Calgary
    Section 534 Claims
    Law Department (8053)
    Calgary Municipal Building
    12th Floor, 800 Macleod Trail S.E.
    Calgary, Alberta T2G 2M3

    You can also send your claim via email to s534@calgary.ca. The claim must be received within 60 days after the public notice has been posted.

    If you have questions about what the claim must include, you can call The City’s MGA section 534 inquiry line at 403-268-6777. You can also refer to the letter, the copy of the public notice or the copy of section 534 of the MGA that you received in your notification. That information is also available here.

 3.  Can I submit a claim via fax?


    No, claims must be submitted by email or in writing. The claim must be received within 60 days after the public notice has been posted.

 4.  My property was damaged during the construction. Does section 534 compensate for that?


    If you believe you have a claim, you should submit a claim. For questions about what may be compensated, please call The City’s MGA section 534 inquiry line at 403-268-6777.

 5.  I have a property that abuts a different public work or structure (i.e. not one advertised in the newspaper). Can I claim compensation for that?


    You may be entitled to make a claim under section 534 of the MGA. You can call The City’s MGA section 534 inquiry line at 403-268-6777 regarding potential claims.

 6.  My neighbour received a letter, but I did not. Why?


    Notifications are only sent to owners whose land abuts the land on which a public work or structure is situated. If you believe your property abuts the land on which the public work or structure is situated, please call The City’s MGA section 534 inquiry line at 403-268-6777.

    Please note for projects completed between 2007 and 2015, The City will provide a public notice and letters to owners. This notice will be published in the Calgary Herald on September 14, 2016 and the letters will be mailed the same day.

    On September 28, for projects completed between 1997 and 2006, The City will provide a public notice to owners by publishing an ad in the Calgary Herald. This notice is for the completion of construction of 629 projects.  Given the change in legislation, no letters will be mailed out for projects completed during this timeframe.

 7.  How do I know if I have a claim?


    A valid claim must provide evidence of injurious affection to the property or a permanent loss or lessening of use, depending on when the public work or structure was complete. Without evidence, a claim cannot be considered.

 8.  What is injurious affection?


    Under section 534 of the Municipal Government Act injurious affection is defined as "the permanent reduction in the appraised value of land as a result of the existence, but not the construction, erection or use, of a public work or structure..."

9.  I have questions about the process. Who can I talk to?


    The process is explained in section 534 of the Municipal Government Act (MGA), which can be accessed here or, for projects completed between 1997 and 2006, here. You can also call The City’s MGA section 534 inquiry line at 403-268-6777 regarding the claims process.

10.  My land abuts a public work or structure that was not advertised. Why?


    Please call The City’s MGA section 534 inquiry line at 403-268-6777 regarding any additional public works or structures.

11.  How many projects were included?


    There were 665 projects completed between 2007 and 2015 that were included in the September 14, 2016 public notice in the Calgary Herald and there will be 629 projects that were completed between 1997 and 2006 that will be included in the September 28 public notice in the Calgary Herald.

12.  How many letters were mailed out as a result of the 665 projects that were identified for years 2007 to 2015?


    There were approximately 15,000 letters mailed out to owners for projects that were completed between 2007 and 2015.

13.  Why am I receiving this notice now and not sooner?


    The City discovered that, with the exception of notices relating to the West LRT project, notices were not provided for projects completed between 1997 and 2015. The City is now ensuring that notices are given and has put in place a process to assess claims.

14.  Where do I go for more information?


    For more information please email The City of Calgary at s534@calgary.ca or call The City’s MGA section 534 inquiry line 403-268-6777.