The new intermunicipal collaboration framework between the Town of Whitecourt and Woodlands County has hit another speed bump.
At Whitecourt town council’s Mar. 14 meeting, council received word that Woodlands County has filed for a judicial review and a stay of the arbitrator’s decision.
Talks between the Town of Whitecourt and Woodlands County on a new intermunicipal collaboration framework (ICF) had long stalled, so the two parties decided to go to third-party arbitration. The arbitrator handed down their ruling on Feb. 3, 2022, and the two municipalities have been working on a new ICF that works according to the arbitrator’s ruling.
Under provincial legislation, the two municipalities have to have a new ICF in place by April 5.
In their filing, the County argues the arbitrator was wrong to include the costs of facilities or infrastructure as a part of the services outlined in the ICF. According to the County, they should not be responsible for contributing to any of the costs associated with the Town’s recreational or other facilities and infrastructure necessary to deliver services benefitting Town and County residents.
The County also alleges the arbitrator showed a bias towards the Town. The arbitrator was selected by both the Town and County from a list of arbitrators approved by Alberta Municipal Affairs.
Whitecourt town council was collectively frustrated at this development, as it looked as though the ICF was finally close to completion.
With the Apr. 5 deadline looming, Councillor Brandon Lanctot was the first to raise concerns about delays.
Town administration clarified this is where the second filing for a stay comes in. If the County is granted a stay, that means nothing moves forward until the judicial review is completed. Administration estimates this case could take as much as a year to make its way through the courts.
Councillor Paul Chauvet was the first to raise concerns about the cost. While the Town and County have been going through this process, the Town has continued providing uninterrupted services to County residents. Since 2020, it has cost the Town more than $6 million. The County has repaid the Town $1.06 million.
Speaking with XM 105 FM after the meeting, Whitecourt Mayor Tom Pickard says he understands the frustrations, but notes Woodlands County is simply exercising their rights under the law.
“The MGA – the Municipal Government Act – provides that provision, and they have chosen to take it,” explains Pickard. “Our position is that is certainly their right, and we are prepared to keep moving forward and building the relationship with Woodlands to make sure the citizens in the entire area are served properly.”
Town council voted to accept this update on the ICF, and discuss it more during their 2022 final budget deliberations.
