Bill 13 — The Assessment Appeal Board Amendment Act, 1974 Mrs. Chichak (Legislature 17, Session 3)

L17 S3 5279

Alberta — Bills

Third Session, 17th Legislature, 23 tEli~abe:th n THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 13 The Assessment Appeal Board Amendment Act, 1974 MRS. CHICHAK First Reading Second Reading Third Reading Printed by L. S. WALL, Queen's Printer fQr the Province of Alberta, EDMONTON

1974 Bill 1~ Third Session, 17th Legislature, 23 tEli~abe±h II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 13 The Assessment Appeal Board Amendment Act, 1974 MRS. CHICHAK First Reading Second Reading Third Reading Printed by L. S. WALL, Queen's Printer fQr the Province of Alberta, EDMONTON

Bill 13 Mrs. Chichak BILL 13 1974 THE ASSESSMENT APPEAL BOARD AMENDMENT ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Assessment Appeal BoarrJ Act is hereby amended.

Section 3 is struck out and the following se.ctiom is substituted: 3.

(1) The Lieutenant Governor in Council may apPQint a board to be known as the Alberta Assessment Appeal Board which shall be composed Qf not more than six persons appointed from time to time iby the Lieutenant Governor in Council, each of wh'Om shall hold office during pleasure.

(2) The Lieutenant Governor in Council shall designate one of the members as the chairman of the Board.

(3) The chairrtuLn shall he a full time'member of the Board and the other members shall devote so much of their time and attenti'On to their office as may be prescribed from time to time by rthe Minist~r.

(4) The members of the Board shall, at the direction of the chairmran, sit as (

a) the Board, or (

b) a division of the Board, or (

c) two divisi'Ons 'Of the Board.

(5) Two members constitute a quorum at a sitting of the Board or at a sitting of a division of the Boa,rd.

(6) The Board may sit in two divisions simultaneously 'Or at different times.

(7) Any decisiQn or other a!ction of the Board made or taken at a sitting of the Board at which a quorum is present is the decision 'Or action of the Board and binds all members of the Board.

(8) Where a division of the Board, at which a quorum is present, sits, whether by itself or simultaneously with the

Explanatory Notes I. This, Bill will amend.

chapter 24 of the Revised Statutes of Alberta 1970. 2. The membership of the Alberta Assessment Appeal Board is increased from 3 to 6 and provision is made for the Board to sit in two divisions.

other divIsIon of the Board, any d'8cision or action of the division is the decision or action of the Board and binds all members 'Of the Board.

(9) Where a division of the Board sits at the direction of the chairman, that division may exercise and perform the jurisdiction, pow'ers and duties 'Of the B'Oard. (10) 'The chairm'an may designate a mernber to preside 'at any sitting of the Board, or a divisi'On of the Board, at which the chairman is not present. 3. Sections 18 and 19 are struck o~it and the following new sections are substituted: ~8.

(1) If, on hearing an appeal, the Board is of the opinion that lany assessment entered in the rolls 'Of the municipality which is not then under appeal is so inequitable and unfair that substantial justice cannot be done by ad justing the assessment that is then on appeal, the Board may quash the assessment and order a new assessment to be made in lieu thereof.

(2) Where the Board is of the opinion that any assess ment under appeal is erroneously determined and the evidence adduced at the hearing will not permit determina tion of a fair and equitable assessment, the Board may quash the assessment and .order a new assessment be m'ade in lieu thereof. 19. Where a nsw assessment is orderEd under secti.on 18, the Board shall give 'all necessary directions and make all necess:ary provisions as to the manner and tim'es in which all prioceedings and things shall be done, including the following: (

a) c'Ompletion of the assessment; (

b) returns of assessn1ent to the municipal secretary; (c) 'entry in the assessment roll ; (

d) mailing of assessment slips; (

e) complaints to and decisions of the court .of revision; (

f) appeals to the Board; (

g) the year for which the new assessment is to be used for taxation purposes in the municipality. 4. This Act comes into force. on the day upon which it is assented to. 2

3. Sections 18 and 19 presently read: 18. If, on t.he hearing of any appeal, the Board is of the opinion that the assessment is so inadjustable or i'nequitable that substantial jusllce cannot be done by adjusting the assessment in such cases as are then on appeal, the Board may order that the whole OT any part of the assessment be quashed, and that a new assessment be made. 19.

In case it is made to appear to the Board that, by reason of the action taken by it or by the Assessment Equalization Board, thb aggregate changes in the assessments m a muniClpality increase or decrease the total assessment of the municipality by an amount thM is equal to or in eXCbSS of 10 per cent of the aggregate of the origillai assessment, the Board may by order dire.ct that the assessment roll of the municipality be changed in l'espeot of such of the assessments thereon and i'n such manner as may appear to the Board to be requisite and convenient. 2 Title: 1974 (17th, 3rd) Bill 13, The Assessment Appeal Board Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5279
Type	bill
Volume / chapter	L17 S3 5279
Language	en
Format	json
Source	PROVINCIAL
Identifier	22d8afc823e9179cec11dae17ba7fd0bdab9c8dc

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