The Rural Municipality Amendment Act, 1998 — Bill 51 (2005) [First Reading Bills]

Bill 51 (Bill51-1998)

Saskatchewan — Bills

1998 1 RURAL MUNICIPALITY 1 BILL No. 51 of 1998

An Act to amend The Rural Municipality Act, 1989 (Assented to , 1998) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Rural Municipality Amendment Act, 1998 . S.S. 1989-90, c.R-26.1 amended 2 The Rural Municipality Act, 1989 is amended in the manner set forth in this Act.

Section 2 amended 3 Clause 2(1)(

d) is amended: (

a) by adding the following subclause after subclause (iv): “(iv.1) is licensed in the municipality with respect to a trailer, mobile home or portable shack pursuant to this Act ”; and (

b) in subclause (vi): (

i) in paragraph (

A) by striking out “ or (iv) ” and substituting “, (iv) or (iv.1)”; and (ii) in paragraph (

B) by striking out “ or (iv)” and substituting “, (iv) or (iv.1)”.

Section 3 amended 4 Subsection 3(1) is amended by adding “ hamlet board, park authority, ” before “board of revision”. New

section 7.1 5 The following

section is added after

section 7: “Execution of documents 7.1 Unless a council otherwise directs, the reeve or the administrator, or an alternate of the reeve or the administrator designated by the council, shall sign every order, agreement or other document made or executed on behalf of the municipality”.

Section 51 amended 6 Subsection 51(4) is repealed and the following substituted: “

(4) An acting administrator appointed pursuant to subsection (2) during the illness or leave of absence of the administrator may continue in office without obtaining a permit pursuant to subsection (3) until the earlier of: (

a) six months after the date on which the administrator’s illness or leave of absence commenced; and (

b) the date on which the administrator resumes his or her duties or terminates his or her employment”.

1998 2 RURAL MUNICIPALITY 2

Section 64 amended 7(1) Subsection 64(1) is amended in the portion preceding clause (

a) by striking out “reeve and administrator” and substituting “administrator jointly with the reeve, the deputy reeve or any other municipal employee designated in the bylaw”.

(2) The following subsection is added after subsection 64(2): “

(3) A council may, by bylaw: (

a) authorize the administrator to establish bank accounts for the payment of salaries and wages or for any other purpose designated in the bylaw on which cheques may be drawn or funds may be electronically transferred: (

i) by the administrator or any other municipal employee designated in the bylaw; or (ii) jointly by the administrator and either the reeve, the deputy reeve or any other municipal employee designated in the bylaw; and (

b) provide that the signatures of any or all of the persons authorized to sign cheques by a bylaw passed pursuant to this

section may be reproduced on cheques”.

Section 66 amended 8(1) Subsection 66(2) is amended by striking out “ a fee of $20, or any lesser amount that the council may fix ” and substituting “the fee set by the council”.

(2) The following subsection is added after subsection 66(2): “

(3) The fee set by council pursuant to subsection (2) is not to exceed the reasonable costs incurred by the municipality in furnishing the copies to the voter”.

Section 189 amended 9(1) Subsection 189(1) is amended by striking out the portion preceding clause (

a) and substituting “ Where a municipality has been authorized pursuant to

section 51 of The Highways and Transportation Act, 1997 to issue a permit pursuant to

section 36 of that Act, the municipality may: ”. (2) Subsection 189(3) is amended by striking out “

section 51 ” and substituting “section 36”.

Section 213 amended 10 Subclause 213(1)(d)(iii) is amended by striking out “ subject to the approval of the minister,”.

Section 246.1 amended 11 The following subsection is added after subsection 246.1(2): “

(3) A park authority and the council of a municipality may enter into an agreement to provide that a bylaw mentioned in

section 213 applies within a regional park notwithstanding subsection 4(3) ”.

1998 3 RURAL MUNICIPALITY 3

Section 255 amended 12 Clause 255(

c) is repealed and the following substituted: “(

c) provide for a life insurance plan and disability, maternity, medical and dental benefit plans for employees and elected and appointed officials of the municipality under a benefit plan operated by the Saskatchewan Association of Rural Municipalities or other person, association or organization; “(c.1) provide life insurance, medical and dental benefits under the plan mentioned in clause (

c) to the spouses and dependent children of the employees and elected and appointed officials of the municipality ”. New

section 256.1 13 The following

section is added after

section 256: “Service fees 256.1(1) Except as otherwise provided in this Act, a council may, by bylaw: (

a) set fees in connection with any services provided by the municipality; (

b) set times by which, places where, and the manner in which the fees are to be paid; (

c) set terms and conditions in connection with the fees and the services provided; and (

d) provide for enforcing the terms and conditions and the payment of the fees by discontinuing service until the terms and conditions have been complied with or the fee has been paid.

(2) Any fee set pursuant to subsection (1) that is payable with respect to services supplied to lands or improvements that are exempt from taxation pursuant to this or any other Act must: (

a) apply uniformly on the same basis to lands or improvements that are exempt from taxation as to those that are not exempt from taxation; and (

b) apply at the same rate to all lands and improvements that are exempt from taxation that receive the services to which the fee applies”.

Section 257 amended 14 The following clause is added after clause 257(b): “(b.1) the amount of any operating deficit incurred in the preceding year ”.

Section 283 amended 15 Subsection 283(4) is amended by striking out “June 30” and substituting “the prescribed date”.

Section 287 amended 16 Subsection 287(5) is amended in the portion preceding clause (

a) by striking out “October 1” and substituting “ March 1”.

Section 294 amended 17(1)

Section 294 is amended by renumbering it as subsection 294(1). (2) Subsection 294(1) is amended by striking out the portion preceding clause (

a) and substituting “ The assessor shall prepare annually, by the prescribed date, an assessment roll in which he or she shall enter the following for the purpose of levying taxes in the subsequent year: ”.

1998 4 RURAL MUNICIPALITY 4

(3) The following subsection is added after subsection 294(1): “

(2) Notwithstanding subsection (1), in the year in which subsection (1) comes into force, the assessor shall prepare an assessment roll in accordance with clauses (1)(

a) to (e): (

a) not later than May 31 for the purpose of levying taxes in that year; and (

b) by the prescribed date for the purpose of levying taxes in the subsequent year”.

Section 301 amended 18 Subsection 301(2) is repealed and the following substituted: “

(2) Notwithstanding subsection (1), a council may, by bylaw passed on or before June 1 in any year, dispense with the mailing of assessment notices where the assessed value: (

a) has not changed from the previous year’s assessed value; or (

b) has decreased by no more than the lesser of: (i) $1,000 from the previous year’s assessed value; and (ii) 1% of the previous year’s assessed value. “

(2.01) A bylaw passed pursuant to subsection (2) continues in force until repealed. “

(2.02) Nothing in subsection (2) affects the right of appeal to the board of revision and the appeal board”.

Section 303 amended 19(1) Subsection 303(1) is amended in the portion preceding clause (

a) by striking out “, including a taxing authority or the agency, ”.

(2) The following subsections are added after subsection 303(1): “

(1.1) A municipality, other taxing authority or the agency may give to an assessor a notice of appeal to the board of revision, where the municipality, other taxing authority or the agency, as the case may be, believes that an error has been made in the valuation or classification of the land, improvements or business or in the preparation or the content of the relevant assessment roll or notice of assessment. “

(1.2) The agency is to be made a party to the appeal: (

a) where the agency has prepared the valuation or classification of any land, improvements or business being appealed; or (

b) where the appeal is by a municipality or other taxing authority ”. (3) Subsection 303(2) is repealed and the following substituted: “

(2) The appellant shall give a separate notice of appeal for each assessment in which the appellant alleges that an error exists ”. (4) Clause 303(4)(

b) is amended by adding “ any entry on ” before “ the assessment roll”.

1998 5 RURAL MUNICIPALITY 5

(5) The following subsections are added after subsection 303(7): “

(7.1) An appellant may withdraw his or her appeal for any reason by notifying the assessor in writing at least five days before the day on which the appeal is to be heard by the board of revision. “

(7.2) Where an appellant withdraws an appeal pursuant to sub- section (7.1), the council shall refund any fee that was submitted by the appellant to the municipality”.

Section 306 amended 20(1) The following subsection is added after subsection 306(1): “

(1.1) A person appointed to the board of revision pursuant to subsection (1) holds office: (

a) for a term not exceeding 12 months and until: (

i) the board has concluded its business; and (ii) a successor is appointed; (

b) until that person dies or resigns; or (

c) until that person is removed for cause; whichever is earlier”.

(2) The following subsection is added after subsection 306(6): “

(6.1) Any remuneration set pursuant to subsection (6) must be fixed for the term of appointment of those members or that secretary, as the case may be”.

Section 307 amended 21 The following subsection is added after subsection 307(2): “

(2.1) The secretary of the district board of revision may apply on behalf of the district board of revision for any extension of time permitted pursuant to this Act”. New

section 307.4 22 The following

section is added after

section 307.3: “Agreement to adjust assessment 307.4(1) Subject to

section 311, where all parties to an appeal agree to a valuation or classification other than the valuation or classification stated on the notice of assessment, the parties may submit, in writing, a new valuation or classification to the board of revision, and that submission, subject to confirmation by the board of revision, forms the written decision of the board of revision with respect to the appeal.

(2) Where the board of revision does not confirm the new valuation or classification submitted pursuant to subsection (1), the board shall provide the appellant with written reasons for its decision.

(3) Where the board of revision does not confirm the new valuation or classification submitted pursuant to subsection (1), the appellant may resume his or her appeal pursuant to this Act without any loss of rights, and the secretary of the board shall

schedule a new hearing of the appeal ”.

1998 6 RURAL MUNICIPALITY 6

Section 312 amended 23

Section 312 is amended by striking out “ August 1” and substituting “the prescribed date”. New sections 317 and 317.01 24

Section 317 is repealed and the following substituted: “Service of notice by appellant 317(1) An appellant, including a municipality, other taxing authority or the agency, bringing an appeal to the appeal board shall serve on the secretary of the appeal board a notice of appeal in the prescribed form setting out all the grounds of appeal.

(2) The appellant shall serve the notice of appeal mentioned in subsection (1): (

a) within 30 days after being served with a written notice of the decision of the board of revision; or (

b) in the case of the omission or neglect of the board of revision to hear or decide an appeal, at any time within the calendar year for which the ass

Document details

Collection	Saskatchewan — Bills
Citation	Bill 51 (Bill51-1998)
Type	bill
Volume / chapter	bill fr 2690 4974.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2deab131bd747b3291f45b61557901050b2b1e1b

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