Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 19

AN ACT TO AMEND THE

ST. JOHN'S ASSESSMENT ACT

Received and Read the First

Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE JOAN-MARIE AYLWARD

Minister of Municipal and Provincial Affairs

Ordered to be printed by the

Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is to amend

section 67 of

the St. John's Assessment Act to permit the council of the

City of St. John's to charge a fee for appeals made with respect to

assessments. Where an appeal is successful that fee would be

reimbursed. Presently a fee may not be charged to persons who appeal

an assessment made under this Act.

A BILL

AN ACT TO AMEND THE ST. JOHN'S ASSESSMENT ACT

Analysis

1. S.67 Amdt.

Appeal to review court

Be it enacted by the

Lieutenant-Governor and House of Assembly in Legislative

Session convened, as follows:

RSN1990 cS-1

as amended

1. Subsections 67(2) and (3) of the St. John's

Assessment Act are repealed and the following substituted:

(2) A person who appeals under subsection

(1) shall give to the clerk of the court

(

a) written notice of the appeal;

(

b) the fee that the council may

establish;

(

c) his or her name and address where

notices may be served upon him or her by the clerk; and

(

d) the roll number of the property in

respect of which the appeal is made.

(3) A person who appeals under subsection

(1) may, not fewer than 10 days before the date scheduled for the

hearing of the appeal, withdraw the appeal and the clerk of the

court shall refund a fee paid under subsection (2) with respect to

that withdrawn appeal.

(4) Where, under

section 77, the court reduces

the valuation of the real property that is the subject of the

appeal, the clerk of the court shall refund a fee paid under

subsection (2) with respect to that appeal.

(5) The inability of a person to pay the taxes,

rates or fees imposed and payable under this Act is not a ground for

appealing an assessment to the court.

Earl G. Tucker, Queen's Printer