Bill 35 (Legislature 16, Session 2)

L16 S2 4602

Alberta — Bills

1969 Bill 35 Second Session, 16th Legislature, 18 Elizabeth II THE LEGISLATIVE ASSEl\IBLY OF ALBERTA BILL 3 5

An Act fo amend The Municipalities Assessment and Equalization Act THE l\IINISTER OF MUNICIPAL AFFAIRS First Reading ................ _ ............ . Second Reading ............................. . Third Reading .............................. . Printed by L. S. 'Vall. Queen's Printer, Edmonton

BILL 35 1969

An Act to amend The Municipalities Assessment and Equalization Act (Assented to , 1969) HER MAJ~ST.Y, by and with the advice and consent of the Leglslatlve Assembly of the Province of Alberta, enacts as follows: 1. The Municipalities Assessment and Equalization Act is hereby amended.

Section 2 is amended by striking out clause (

e) and by substituting the following: (e) "equalized assessment" means the assessment and valuation of rateable lands within a municipality adjusted as may be required in accordance with this Act and the regulations;

Section 6 is struck out.

Section 12 is struck out and the following is sub stituted: 12.

(1) Notwithstanding any other Act, where the Assessment Commissioner has certified to the Minister that the assessment of all or any part of any municipality is not in substantial conformity with the law or is not fair and equitable either in general, having regard to any other assessment, or in detail and that it is in the public interest that there should be a new assessment, the Minister in his discretion may (

a) direct a new assessment to be made of all or any part of a municipality, (

b) give all necessary directions and make all necessary provisions as to the manner and times in which all proceedings and things directed or authorized by any statute are to be done, and (

c) if in his opinion the procedure prescribed by this Act is inapplicable, prescribe other procedure which shall include provisions for the hearing of com plaints against assessments and the hearing of appeals. Printed by L. S. Wall, Queen's Printer, Edmonton

I. This Bill amends

chapter 61 of the Statutes of Alberta, 1957.

Section 2 (

e) presently reads: (e) "equalized assessment" means the valuation of rateable lands within a municipality established on a common b<t!'is as related to the valuation of the total rateab~e lands within all municipalities in' the Province' as determined on a similar basis;

Section 6 is removed to The Municipal Taxation Act as

section 5a.

Section 12 presently reads: 12.

(1) Notwithstanding any other Act, where the Commissioner has ce,rtified to the Minister that the assessment of all or any part of any municipality is not in substantial conformity with the law or is not fair and equitable either in general, having regard to any other assess ment, or in detail, and that it is in the interest of the public that thert! should be a new assessment, the Minister may in his discretion by order (

a) direct a new assessment to be made of all or any part of the municipality, and (

b) Repealed, (1960, c. 72, s. 4) (

c) give all necessary directions and make all necessary provisions as to the manner and times in which all proceedings and things directed or authorized by any statute are to be done.

(2) If at any time, after making an order under this section, the Minister is of the opinion after due inquiry that the assessor of the municipality is incompetent or unsuitable, the Minister may order the council of the municipality to dismiss the ass~ssor and the council shall immediately appoint another person to act in his stead.

\"1 ~.1. all aUY IIHUt: a.lllt:l- ll1a.t\lUg aU urut:l- UUUt:I- IIH.1;:j section, the Minister is of the opinion after due inquiry that the assessor of the municipality is incompetent or un suitable, he may order the council of the municipality to dismiss the assessor and the council shall immediately ap point another person to act in his stead.

Section 13, subsection (1), clause (

a) is amended by striking out the words "The Assessment Act" and by sub stituting the words "The Municipal Taxation Act".

Section 21 is amended (

a) by striking out subsection (2), (

b) as to subsection (4) by striking out the words "of a municipality" . 7. Notwithstanding any order or judgment of a court to the contrary, (

a) the equalized assessment heretofore determined for the year 1968, and (

b) the Standards and Methods to be used for the purpose of Equalizing Assessments, filed as Alberta Regulation 34/66 as amended by Alberta Regulation G8/68, are hereby declared to be valid and binding upon all mun icipalities to the same extent as if they had been made under The lYlunicipalities Assessment and Equalization Act as amended by this Act. 8. This Act comes into force on the day upon which it is assented to and upon so coming into force sections 2 and 6 shall be deemed to have been in force at all times on and after December 31, 1968. 2

5. A statutory reference is up-dated. 6.

Section 21 (2) and (4) presently read:

(2) The Board shall compare all the returns so made pursuant to this

section for the purpose of equalizing assessments and valuations so that the- assessments and valluR.tions of all rateable lands will be upon a common ba..c;is amI fair and equitable as hetween one another, and the Board shall confirm the same unless it appears to the Board that the assessment or valuation of the rateable lands in a municipality ought to be inoreased or decreased f~r the purpose of equalization in which case the Board shall vary the assessment or valuation by making such increase or decrease of the same as it thinks necessary and shall then conI'lrm the assessment or valuation so varied.

(4) The Board In determining the equalized assessment of a mun icipality may take into consideration such factors as it may deem neceSS3!ry and that, in the opinion of the Board, should be considered for any purpos-e of equalization. 7. Validation of 1968 equalized assessment and the regulations. Title: 1969 (16th, 2nd) Bill 35,

An Act to amend The Municipalities Assessment and Equalization Act

Document details

Collection	Alberta — Bills
Citation	L16 S2 4602
Type	bill
Volume / chapter	L16 S2 4602
Language	en
Format	json
Source	PROVINCIAL
Identifier	19cdfe173681fcdd5acdce3cbf4f1ffcf64ed9e1

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