There is an article in today's Herald where they talked to lawyers about the City's legal position. One of them mentioned the section of the agreement that Sir. A pointed out.
------------------------------
Contract With Province May Not Help Calgary With Cuts: Lawyers
Legal Experts Say Infrastructure Deal Leaves Door Open To Cuts
February 12, 2010
Calgary Herald
Jason Markusoff
CALGARY - The same contract Mayor Dave Bronconnier is using to argue the provincial government can't unilaterally shortchange the city actually seems to indicate it can, according to lawyers who have reviewed the agreement.
Upon release of a 2010 Alberta budget that offered Calgary only $254 million for infrastructure -- much less than city officials expected -- Bronconnier said the city's Municipal Sustainability Initiative contract spells out payment terms the province can't change without negotiating in good faith.
"I think that most Calgarians have an expectation that when their governments sign contracts, that they expect their governments to live up to them," he said earlier this week.
Premier Ed Stelmach and ministers have argued the province could always adjust numbers and stretch out its 10-year funding plan if money was tight.
Bronconnier has suggested matters could wind up in court and demanded a meeting with the premier to resolve the issue.
The Herald showed the city-province memorandum of agreement to some local lawyers and the University of Calgary's associate dean of law, and they largely sided with the province.
"There is no doubt that in form, this appears to be a contract. However, in my view, it does not represent a binding legal commitment on the part of the province to provide precise sums of money in precise time frames," Chris Levy, the university professor, said in an e-mail.
He pointed to section 4(i) of the contract, which begins: "Subject always to approved funding allocation by the legislature, the minister shall maintain the funding approved herein." In other words, it's up to MLAs to set rates.
The mayor -- who could not be reached for comment Thursday -- has stressed another part of the clause, which notes that the minister can reduce grants proportionately to revenue losses.
Kent Hehr, a Calgary Liberal MLA who previously practised civil and contract law, also seized on that phrase.
"No matter what this agreement says, it looks like the province has kept the hammer on this," he said.
"Full stop. There's no wiggle room for the city. . . . It looks like the province has written a contract that although it looks nice for the city on a piece of paper and you can wave it around, I'm not sure if it does much good."
But the opposition critic noted that Stelmach did score political points among Calgarians by pledging a certain amount of money, and should listen to the city's needs for funding for its LRT expansion, rec centres and other already-planned projects.
One lawyer said it's less clear-cut, since it refers to the legislature's approval, not the government's.
"Does government have an obligation to put forth the proposal to the legislature that is in accordance with this agreement?" asked Chima Nkemdirim, a corporate lawyer with Fraser Milner Casgrain, and chairman of the Better Calgary Campaign.
"The question is whether or not the outs in the contract are applicable."
Paul Tolley, the city's solicitor, said council has not yet asked his legal opinion on the agreement, and would do so confidentially. "All I can say is we're assessing our legal position."