Alberta Gazette — 30 April (ii)
0430 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, APRIL 30, 1997
Alberta Regulation 69/97
Highway Traffic Act
MAXIMUM SPEED LIMITS AMENDMENT REGULATION
Filed: April 7, 1997
Made by the Minister of Transportation and Utilities (M.O. 97-01) pursuant
to sections 5 and 14 of the Highway Traffic Act.
1 The Maximum Speed Limits Regulation (Alta. Reg. 218/83) is amended by
this Regulation.
Schedule 1 is amended
(
a) by repealing
section 23(3)(
a) and substituting the following:
(3) Westlock
(
a) All that portion of Highway Number 18 beginning
from the east boundary of
section 4, township 60, range 26, west of the
fourth meridian (east corporate limit of Westlock), thence westerly along
the highway for a distance of 480 metres, in the southeast quarter of
section 4, township 60, range 26, west of the fourth meridian,
Maximum - 100 kilometres per hour;
(a.1) All that portion of Highway Number 18 beginning
from a point 480 metres west of the east boundary of
section 4, township
60, range 26, west of the fourth meridian, thence westerly along the
highway to its intersection with 107th Avenue in that said section,
Maximum - 70 kilometres per hour.
(
b) by repealing
section 25(4) and substituting the following:
(4) Highway Number 66 - Highway Number 1
(
a) All that portion of Highway Number 22 beginning
from a point 200 metres south of the intersection of Highway 22 and
Secondary Highway Number 758, adjacent to the west boundary of
section 7,
township 23, range 4, west of the fifth meridian, thence northerly along
the highway to a point 300 metres northeast of the said intersection,
Maximum - 50 kilometres per hour;
(
b) All that portion of Highway Number 22 beginning
from a point 350 metres northeast of the north/south quarterline of
section
20, township 23, range 4, west of the fifth meridian, thence north-easterly
along the highway to a point 150 metres southwest of the east/west
quarterline of
section 34, township 23, range 4, west of the fifth
meridian,
Maximum - 80 kilometres per hour.
(
c) by repealing sections 25(5)(
a) and (
b) and substituting the
following:
(5) Cochrane
(
a) All that portion of Highway Number 22 beginning at
a point 204 metres south of the north boundary of the northwest quarter of
section 34, township 25, range 4, west of the fifth meridian, thence
northerly along the highway to its intersection with Highway 1A in the
southwest quarter of
section 10, township 26, range 4, west of the fifth
meridian,
Maximum - 60 kilometres per hour.
(
d) by adding the following after
section 31(7):
(8) Sturgeon Road Intersection
(
a) Northbound - All that portion of the northbound
lanes of Highway Number 28 beginning from a point 400 metres south of its
intersection with Sturgeon Road in the northwest quarter of
section 20,
township 54, range 24, west of the fourth meridian, thence northerly along
the highway to the said intersection,
Maximum - 70 kilometres per hour;
(
b) Southbound - All that portion of the southbound
lanes of Highway Number 28 beginning from a point 400 metres north of its
intersection with Sturgeon Road in the southwest quarter of
section 29,
township 54, range 24, west of the fourth meridian, thence southerly along
the highway to the said intersection,
Maximum - 70 kilometres per hour.
(
e) by repealing
section 32(1) and substituting the following:
(1) Namao
(
a) All that portion of Highway Number 28A beginning
from a point 80 metres south of the east/west quarterline of
section 9,
township 54, range 24, west of the fourth meridian (Junction of Highways
Number 28 and 28A), thence northerly to the south boundary of
section 16,
township 54, range 24, west of the fourth meridian,
Maximum - 80 kilometres per hour;
(
b) All that portion of Highway Number 28A beginning
from the south boundary of
section 16, township 54, range 24, west of the
fourth meridian, thence northerly along the highway to a point 1175 metres
north of the south boundary of the said section,
Maximum - 60 kilometres per hour;
(
c) All that portion of Highway Number 28A beginning
from a point 370 metres north of the east/west quarterline of
section 16,
township 54, range 24, west of the fourth meridian, thence northerly along
the highway to a point in the southwest quarter of
section 21, township 54,
range 24, west of the fourth meridian, 100 metres north of the main access
road to the Canadian Forces Base - Namao,
Maximum - 50 kilometres per hour;
(
d) All that portion of Highway Number 28A beginning
from a point in the southwest quarter of
section 21, township 54, range 24,
west of the fourth meridian, 100 metres north of the main access road to
the Canadian Forces Base - Namao, thence northerly along the highway to the
east/west quarterline of
section 28, township 54, range 24, west of the
fourth meridian,
Maximum - 80 kilometres per hour.
(
f) by adding the following after
section 45(5):
(6) La Corey
(
a) All that portion of Highway Number 41 beginning
from the southwest corner of
section 18, township 63, range 5, west of the
fourth meridian, thence northerly along the highway to a point 350 metres
north of the south boundary of
section 18, township 63, range 5, west of
the fourth meridian,
Maximum - 70 kilometres per hour.
(
g) by adding the following after
section 58(2):
(3) Boyle
(
a) All that portion of Highway Number 63 beginning
from a point 200 metres west of the east boundary of
section 5, township
65, range 19, west of the fourth meridian, thence north-easterly along the
highway to a point 425 metres northeast of the north/south quarterline of
section 4, township 65, range 19, west of the fourth meridian,
Maximum - 80 kilometres per hour.
------------------------------
Alberta Regulation 70/97
Public Highways Development Act
PRIMARY HIGHWAYS DESIGNATION AMENDMENT REGULATION
Filed: April 7, 1997
Made by the Minister of Transportations and Utilities (M.O. 6/97) pursuant
section 3(1) of the Public Highways Development Act.
1 The Primary Highways Designation Order (AR 337/75) is amended by this
Order.
2 The Appendix is amended
(
a) by repealing
section 4 and substituting the following:
4 Primary Highway No. 2 (Montana Boundary to British Columbia
Boundary)
Book 2 Pages 1-2 Date: February 22, 1979
Pages 3-7 Date: December 15, 1975
Page 8 Date: March 1, 1990
Page 9 Date: August 1, 1988
Page 10 Date: February 28, 1997
Page 11 Date: November 15, 1994
Pages 12-16 Date: December 15, 1975
Page 17 Date: February 1, 1992
Pages 18-24 Date: December 15, 1975
Page 25 Date: January 1, 1988
Pages 26-27 Date: December 15, 1975
Page 28 Date: March 1, 1990
Page 30 Date: March 1, 1990
Page 31 Date: December 15, 1975
Page 32 Date: October 31, 1980
Page 33 Date: January 18, 1978
Page 34 Date: January 1, 1988
Pages 35-41 Date: December 15, 1975
Page 42 Date: February 22, 1979
Page 43 Date: February 28, 1997
Page 44 Date: September 30, 1986
Page 45 Date: December 15, 1975
Page 46 Date: January 1, 1988
Pages 47-49 Date: December 15, 1975
Page 50 Date: April 1, 1984
Pages 51-58 Date: December 15, 1975
Pages 59-60 Date: April 1, 1982
Page 62 Date: March 1, 1990
Pages 63-82 Date: December 15, 1975
Pages 83-88 Date: April 20, 1977
Pages 91-109 Date: December 15, 1975
Pages 110-117 Date: December 1, 1990
Pages 118-122 Date: December 15, 1975
Pages 123-124 Date: August 1, 1984
Page 125 Date: December 15, 1975
Pages 126-127 Date: June 22, 1983
Page 128 Date: December 15, 1975
Page 129 Date: June 22, 1983
Page 130 Date: December 15, 1975
Page 131 Date: February 1, 1992
Pages 132-140 Date: December 15, 1975
Pages 141-142 Date: August 23, 1982
Pages 143-153 Date: December 15, 1975
(
b) by repealing
section 5 and substituting the following:
5 Primary Highway No. 2A (High River to DeWinton Interchange)
Book 2A Page 5 Date: February 28, 1997
Page 6 Date: October 1, 1992
Page 7 Date: December 15, 1975
(South of Crossfield to Junction Highway 2 (Bowden))
Book 2A Page 9 Date: December 30, 1981
Page 10 Date: April 1, 1985
Pages 11-14 Date: December 15, 1975
Page 15 Date: April 30, 1986
(Innisfail to South City Limits of Red Deer)
Book 2A Page 16 Date: September 1, 1985
Pages 17-18 Date: December 15, 1975
Page 19 Date: September 30, 1986
Page 20 Date: April 1, 1995
(North City Limits of Red Deer to North of Lacombe)
Book 2A Pages 21-24 Date: December 15, 1975
(South of Morningside to Leduc)
Book 2A Pages 24-30 Date: December 15, 1975
Page 31 Date: April 26, 1982
Pages 32-35 Date: December 15, 1975
(Northeast of Grimshaw to Grimshaw)
Book 2A Page 43 Date: December 15, 1975
(Junction Highway 2 to Smith)
Book 2A Pages 44-47 Date: April 20, 1977
(Junction Highway 2 (Triangle Corner) to Junction Highway 43
(Little Smoky River))
Book 2A Pages 48-51 Date: December 1, 1990
(
c) by repealing
section 6 and substituting the following:
6 Primary Highway No. 3 (British Columbia Boundary to
Medicine Hat)
Book 3 Page 1 Date: December 15, 1975
Page 2 Date: April 26, 1982
Pages 3-5 Date: April 1, 1984
Pages 6-14 Date: December 15, 1975
Pages 15-16 Date: February 28, 1997
Page 17 Date: December 15, 1975
Page 18 Date: April 1, 1984
Pages 19-37 Date: December 15, 1975
Page 38 Date: April 1, 1984
(
d) by repealing
section 9 and substituting the following:
9 Primary Highway No. 5 (Waterton Lakes National Park
Boundary to Lethbridge)
Book 5 Pages 1-2 Date: February 28, 1997
Page 3 Date: November 15, 1994
Page 4 Date: October 1, 1992
Page 5 Date: February 22, 1979
Pages 6-14 Date: December 15, 1975
(
e) by repealing sections 23 and 23.1 and substituting the
following:
23 Primary Highway No. 16 (Jasper National Park Boundary to
Saskatchewan Boundary)
Book 16 Pages 1-7 Date: December 15, 1975
Page 8 Date: March 1, 1990
Page 9 Date: December 15, 1975
Pages 10-12 Date: February 1, 1992
Page 13 Date: December 15, 1975
Pages 14-15 Date: February 1, 1992
Page 16 Date: February 22, 1979
Pages 17-19 Date: February 1, 1992
Page 20 Date: September 30, 1977
Page 21 Date: December 15, 1975
Pages 22-24 Date: February 1, 1992
Page 25 Date: December 15, 1975
Page 26 Date: January 1, 1988
Pages 27-30 Date: December 15, 1975
Pages 31-35 Date: February 28, 1997
Page 37 Date: January 1, 1996
Pages 38-44 Date: December 15, 1975
Pages 45-46 Date: April 1, 1989
Page 47 Date: March 1, 1990
Page 48 Date: December 15, 1975
Page 49 Date: June 22, 1983
Pages 50-51 Date: April 1, 1985
Pages 52-54 Date: November 15, 1985
Page 55 Date: December 15, 1975
Page 56 Date: November 15, 1994
Pages 57-61 Date: December 15, 1975
23.1 Primary Highway No. 16X (West of Hinton to East of
Hinton)
Book 16X Pages 6-8 Date: January 1, 1996
(
f) by repealing
section 24 and substituting the following:
24 Primary Highway No. 16A (Styal to Entwistle)
Book 16A Pages 1-2 Date: December 15, 1975
(West of Vegreville to East of Vegreville)
Book 16A Pages 5-6 Date: April 1, 1989
(Junction Highway 16 East of Carvel Corner to Edmonton)
Book 16A Pages 7-11 Date: February 28, 1997
(
g) by repealing
section 30 and substituting the following:
30 Primary Highway No. 22 (Junction Highway 3 to Junction
Highway 18 North of Mayerthorpe)
Book 22 Pages 1-5 Date: February 15, 1979
Pages 6-9 Date: January 1, 1988
Pages 10-12 Date: February 15, 1979
Pages 13-15 Date: September 30, 1986
Pages 16-19 Date: April 20, 1977
Page 20 Date: August 1, 1988
Pages 21-22 Date: April 20, 1977
Pages 23-24 Date: February 28, 1997
Pages 25-29 Date: April 20, 1977
Pages 30-32 Date: February 15, 1979
Pages 33-36 Date: January 1, 1988
Pages 37-42 Date: February 15, 1979
Pages 43-45 Date: November 15, 1985
Pages 46-55 Date: February 15, 1979
Page 56 Date: January 1, 1988
Page 57 Date: April 1, 1984
Pages 58-62 Date: February 15, 1979
(
h) by repealing
section 32 and substituting the following:
32 Primary Highway No. 23 (Junction Highway 3 to Junction
Highway 2A (High River))
Book 23 Page 1 Date: August 1, 1984
Pages 2-3 Date: November 15, 1985
Page 4 Date: January 1, 1987
Pages 5-6 Date: April 1, 1989
Pages 7-9 Date: December 15, 1975
Pages 10-11 Date: February 28, 1997
Pages 12-14 Date: December 15, 1975
Page 15 Date: February 28, 1997
(
i) by repealing
section 33 and substituting the following:
33 Primary Highway No. 24 (Junction Highway 23 to Junction
Highway 1 West of Strathmore)
Book 24 Page 1 Date: February 28, 1997
Page 2 Date: November 15, 1994
Page 3 Date: December 15, 1975
Page 4 Date: April 1, 1984
Pages 5-6 Date: January 18, 1978
Pages 7-8 Date: December 15, 1975
(
j) by repealing
section 55 and substituting the following:
55 Primary Highway No. 43 (Junction Highway 16 (Carvel
Corner) to Junction Highways 2 and 49 (Donnelly Corner))
Book 43 Page 1 Date: December 15, 1975
Page 2 Date: April 26, 1982
Pages 3-6 Date: December 15, 1975
Page 7 Date: February 28, 1997
Page 8 Date: November 15, 1994
Pages 9-19 Date: December 15, 1975
Pages 20-21 Date: April 1, 1984
Pages 22-24 Date: December 15, 1975
Page 25 Date: April 26, 1982
Pages 26-37 Date: December 15, 1975
Pages 38-46 Date: December 1, 1990
(
k) by repealing
section 65 and substituting the following:
65 Primary Highway No. 53 (Junction Highway 22 to Junction
Highway 36 East of Forestburg)
Book 53 Page 1 Date: March 1, 1990
Pages 2-16 Date: December 15, 1975
Page 17 Date: April 1, 1985
Pages 18-19 Date: April 20, 1977
Page 20 Date: January 18, 1978
Page 21 Date: February 2, 1981
Pages 22-25 Date: April 20, 1977
Page 45 Date: February 28, 1997
Page 46 Date: February 15, 1979
Page 47 Date: February 28, 1997
Pages 48-49 Date: February 15, 1979
(
l) by repealing
section 72 and substituting the following:
72 Primary Highway No. 60 (Junction Highway 39 East of Calmar
to Junction Highway 16 West of Edmonton)
Book 60 Pages 1-2 Date: December 15, 1975
Page 3 Date: March 1, 1990
Pages 4-5 Date: February 28, 1997
------------------------------
Alberta Regulation 71/97
Lloydminster Municipal Amalgamation Act
REGULATION TO AMEND THE LLOYDMINSTER CHARTER
Filed: April 9, 1997
Made by the Lieutenant Governor in Council (O.C. 139/97) pursuant to
sections 5 and 9 of the Lloydminster Municipal Amalgamation Act.
1 The Lloydminster Charter (AR 43/79) is amended by this Regulation.
Section 2 is amended
(
a) by adding the following after clause (a.1):
(a.2) "appeal board" means the Saskatchewan Municipal
Board;
(
b) by adding the following after clause (b):
(b.1) "base date" means the date established by the
agency for determining the value of land and improvements for the purpose
of establishing assessment rolls for the year in which the valuation is to
be effective and for each subsequent year preceding the year in which the
next revaluation is to be effective;
(
c) in clause (
f) by adding the following after "employment":
or the providing of goods or services, but does not include
(
i) the cultivation of plants or the
raising of livestock, whether in an artificial or controlled environment or
on land;
(ii) the keeping of bees or the extracting
of honey; or
(iii) fur farming;
(
d) by adding the following after clause (h):
(h.1) "classification" means the determination of what
class established pursuant to
section 259.2 any land, improvements or both
belong to;
(
e) by adding the following after clause (l):
(l.1) "improvement" means
(
i) a building or structure or portion
thereof erected or placed on, over or under land or over or under water but
does not include machinery and equipment unless the machinery and equipment
is used to service the building or structure;
(ii) anything affixed to or incorporated in
a building or structure affixed to land but does not include machinery and
equipment unless the machinery and equipment is used to service the
building or structure;
(iii) the resource production equipment of
any oil or gas well or mine; and
(iv) any pipeline on or under land;
(
f) by repealing clause (p);
(
g) by adding the following after clause (q):
(q.1) "mine" means a mine as defined in The Mineral
Resources Act, 1985 of Saskatchewan and includes any facility in the
Alberta portion of Lloydminster;
(
h) in clause (
r) by striking out "Municipal Affairs" and
substituting "Municipal Government";
(
i) in clause (
s) by striking out "Minister of Municipal Affairs
for Saskatchewan" and substituting "Minister of Municipal Government for
Saskatchewan";
(
j) by adding the following after clause (w):
(w.1) "person" includes an Indian Band;
(
k) in clause (x)
(
i) by striking out "and the valves, scraper traps,
fastenings and appurtenances thereto";
(ii) by adding "but does not include a flowline" after
"petroleum products or gas";
(
l) by adding the following after clause (gg):
(gg.1) "resource production equipment" includes
fixtures, machinery, tools, railroad spur tracks and other appliances by
which a mine or petroleum oil or gas well is operated, but does not include
tipples, general offices, general stores, rooming houses, public halls or
yards;
(
m) in clause (iii) by striking out "court of revision" and
substituting "board of revision".
Section 119(3) is repealed and the following is substituted:
(3) The city may license, regulate and control all persons who carry
on a business, including a business that is assessed.
Section 127.3(2)(
b) is amended by striking out "who are electors of the
city and".
5 The following is added after
section 127.3:
127.31(1) Where the city does not assess businesses pursuant to
subsection 260(3), the council shall send the notice mentioned in
section
127.2(2) to every person identified by the council as:
(
a) operating a business in the area proposed to be
designated pursuant to
section 127.2(1);
(
b) occupying premises on land or in improvements that
are used for business purposes and that are in the area mentioned in clause
(a); and
(
c) owning land or improvements that are used or
intended to be used for business purposes that are in the area mentioned in
clause (a).
(2) In cases where subsection (1) applies, the council shall not
pass a bylaw pursuant to
section 127.2(1) if, during the 60-day period
mentioned in
section 127.2(2), the clerk receives a petition signed by:
(
a) at least one-third of the persons who are entitled
to notice pursuant to this
section and who operate a business on land or in
improvements, or own land or improvements, representing at least one-third
of the total assessment in the area of land and improvements used or
intended to be used for business purposes; or
(
b) any number of persons who are entitled to notice
pursuant to this
section and who operate a business on land or within
improvements, or own land or improvements, representing at least one-half
of the total assessment in the area of land or improvements used or
intended to be used for business purposes.
(3) Section 127.2(3) and (4) apply to a petition pursuant to
subsection (2), with any necessary modification.
(4) Where the city does not assess businesses pursuant to
section
260(3), the persons appointed pursuant to
section 127.3(2)(
b) are to
(
a) operate a business in the district;
(
b) be nominees of corporations that carry on business
in the district; or
(
c) own land or improvements that are used or intended
to be used for business purposes in the district.
6 The following is added after
section 127.6:
127.61(1) Where the city does not assess businesses pursuant to
section 260(3), the council shall authorize a levy, to be paid by the
owners of land and improvements that are used or intended to be used for
business purposes in the district, that the council considers sufficient to
raise the amount required for the purposes of the proposed expenditures
included in the approved estimates of the board, less any revenues to be
received by the board pursuant to
section 127.5(
a) to (d).
(2) The levy mentioned in subsection (1) is to be based on the
assessment of all land and improvements used or intended to be used for
business purposes in the district.
(3) Any levy imposed pursuant to subsection (1) is to be of a
uniform rate.
(4) Notice of any levy imposed pursuant to subsection (1):
(
a) is to be substantially in the form of and may be
included in the tax notice mentioned in
section 314; and
(
b) is to be mailed by ordinary mail or delivered to
the owners of land and improvements in the district that are used or
intended to be used for business purposes.
(5) Any levies payable pursuant to this
section are payable at the
same time as municipal taxes.
(6) Any amounts payable to the city pursuant to this
section may be
collected in any manner in which municipal taxes may be collected.
Section 258 is repealed and the following is substituted:
258(1) The assessor shall prepare an assessment roll, in which he
shall enter:
(
a) a list of all land, improvements and businesses
assessed, identified by address or legal description;
(
b) the category of assessment, whether land,
improvement or business;
(
c) any class established pursuant to
section 259.2
that any land or improvements belong to;
(
d) the assessed value of the land, improvement or
business and any phased-in assessed value of the land, improvement or
business if the council has passed a bylaw pursuant to
section 22(11) of
The Assessment Management Agency Act;
(
e) the assessed value of the land or improvements
after applying the applicable percentage of value pursuant to
section
259.3;
(
f) the name and address:
(
i) in respect of every parcel of land that
is assessed:
(
A) of the registered owner as
shown in the records of the Land Titles Office;
(
B) of the owner under a bona
fide agreement for sale;
(
C) in the case of land exempt
from taxation; or
(
D) in the case of land that is
not exempt from taxation, of any occupant under a lease, licence, permit or
contract who is not the registered owner but who is to be assessed pursuant
to an agreement between the occupant and the owner,
(
I) of the owner
under a bona fide agreement for sale; or
(II) of the occupant
under a lease, licence, permit or contract;
(ii) in respect of every improvement that is
assessed:
(
A) of the registered owner as
shown in the records of the Land Titles Office; or
(
B) of the person assessed in
respect of the land on which the improvement is situated;
(iii) in respect of every business that is
assessed, of the owner of the business; and
(
g) in the case where a separate school division is or
may be established, a designation respecting whether the person described
in clause (
d) is a public school supporter or a separate school supporter.
(2) The assessor shall prepare an assessment roll at least once each
year, no later than April 1, but may prepare the assessment roll on or
after December 2 in the year before the year to which the assessment roll
relates.
(3) When two or more persons are the owners or occupants of any
land, improvement or business that is liable to assessment, the name of
each of those persons is to be entered on the assessment roll in respect of
his share of or interest in the land, improvement or business.
258.1(1) In assessing the value of land or improvements, the
assessor shall not take into account machinery and equipment that is used
in association with a pipeline and is located on the land or within the
improvement.
(2) Subject to subsections (3) and (4), in the case of petroleum oil
and gas wells:
(
a) resource production equipment by which petroleum
oil and gas:
(
i) is produced to surface, including for
its enhanced recovery;
(ii) is stored, except at a battery site;
(iii) is transported from a well site to a
battery or gas handling site; or
(iv) is compressed, except for gas that is
for the most part a by-product of petroleum oil production
is to be taken into account in an assessment;
(
b) resource production equipment at a battery or gas
handling site by which:
(
i) petroleum oil and gas is separated,
treated, processed, dehydrated or stored or is transported within the site;
(ii) petroleum oil and gas waste products
are disposed of;
is not to be taken into account in an assessment.
(3) Surface casing, production casing, or any other liner casing
used in conjunction with producing oil or gas or in disposing of oil, gas,
water or any other substance is not to be taken into account in an
assessment.
(4) Resource production equipment that is used in association with a
petroleum oil or gas well at which there has been no production in the
12-month period preceding January 1 of the current year, other than
production during testing, is to be assessed at only a nominal amount for
the current year.
(5) In the case of a mine, resource production equipment by which a
mineral resource is extracted and produced, but not processed or refined,
is to be taken into account in an assessment.
Section 259 is amended
(
a) by renumbering it as
section 259(1);
(
b) by repealing paragraph 6 and substituting the following:
6 improvements are to be assessed at their fair value as of
the applicable base date;
(
c) by repealing paragraph 8 and substituting the following:
8 the resource production equipment of a mine, petroleum
oil well or gas well shall be assessed at its fair value;
(
d) by repealing paragraph 9;
(
e) by adding the following after paragraph 14:
15 For the purposes of paragraph 14, the assessor shall
apply all the facts, conditions and circumstances required to be taken into
account as if they had existed on the applicable base date.
(
f) by adding the following after subsection (1):
(2) All assessments pursuant to subsection (1) are to be made as of
the applicable base date.
9 The following is added after
section 259:
259.1(1) In determining the value of land or improvements, none of
the assessor, the board of revision or the appeal board shall employ or
take into consideration any technique or method of appraisal based on the
use of income or benefits.
(2) The enactment of subsection (1) does not imply that the law
prior to its enactment was different than the law as it is pursuant to
subsection (1).
259.2(1) In this section, "fair value assessment" means the fair
value of any land or improvements as determined in accordance with this
Charter.
(2) The classes of property for the purposes of this Charter are:
(
a) NON-ARABLE (RANGE) LAND AND IMPROVEMENTS, which
includes only land and improvements, other than occupied dwellings:
(
i) for which the predominant potential use
is as range land or pasture land, determined as the best use that could
reasonably be made of the majority of the surface area; or
(ii) the majority of the surface area of
which is not developed for any use, has been left in or is being returned
permanently to its native state or cannot be used for agricultural
purposes;
(
b) OTHER AGRICULTURAL LAND AND IMPROVEMENTS, which
includes only land and improvements, other than occupied dwellings:
(
i) for which the predominant potential use
is cultivation, determined as the best use that could reasonably be made of
the majority of the surface area;
(ii) used for dairy production, intensive
use for raising poultry or livestock or production of poultry or livestock
products, an apiary, seed growing or plants grown in an artificial
environment; or
(iii) used for other agricultural purposes,
except for land and improvements classified as NON-ARABLE (RANGE) LAND AND
IMPROVEMENTS;
(
c) RESIDENTIAL, which, except for land and
improvements classified as MULTI-UNIT RESIDENTIAL or SEASONAL RESIDENTIAL,
includes only land and improvements used or intended to be used for, or in
conjunction with, a residential purpose, including vacant land subdivided
into lots for residential use, provided that where land is used as a
yardsite in conjunction with a purpose mentioned in clause (
a) or (b),
three acres of that land is to be classified as RESIDENTIAL;
(
d) MULTI-UNIT RESIDENTIAL, which includes only:
(
i) land and improvements designed and used
for or intended to be used for, or in conjunction with, a residential
purpose and to accommodate four or more self-contained dwelling units
within a parcel, or in the case of a condominium, a parcel within the
meaning of The Condominium Property Act, 1993 of Saskatchewan; and
(ii) vacant land zoned for use for multiple
dwelling units;
(
e) SEASONAL RESIDENTIAL, which includes:
(
i) only land and improvements:
(
A) used or intended to be used
for, or in conjunction with, both residential and recreational purposes;
(
B) located in communities
predominantly of a resort nature, in parks, or in rural areas;
(
C) normally used for a maximum
of six months in any year, as determined by the municipal assessor; and
(
D) not being the principal
residence in Canada of the occupant; and
(ii) land and improvements for seasonal
camps;
(
f) COMMERCIAL AND INDUSTRIAL, which includes only land
and improvements:
(
i) used or intended to be used for
business purposes, including but not limited to land and improvements for
office, wholesale, retail, service, hotel, motel, industrial and
manufacturing activities, transportation, communications and utilities;
(ii) used or intended to be used for
institutional, government, recreational or cultural purposes;
(iii) used or intended to be used for mines
or petroleum oil wells and gas wells; or
(iv) not specifically included in another
class of property;
(
g) ELEVATORS, which includes only:
(
i) land and improvements designed and used
for receiving, processing and shipping grains, oilseeds and special forages
and licensed by the Canadian Grain Commission; and
(ii) land and improvements used in
conjunction with the land and improvements described in subclause (i); and
(
h) RAILWAY RIGHTS OF WAY AND PIPELINE, which includes
only railway roadway, railway superstructure, and pipeline, and other land
and improvements used in conjunction with a pipeline.
(3) The assessor shall determine to which class established pursuant
to subsection (2), if any, any land or improvements or both belong.
(4) Where one use is clearly distinct from the predominant use and
is not integrated with or directly related to the predominant use, the
assessor may:
(
a) determine that portions of any land or improvements
or both that include more than one use, or portions of its assessment,
belong to different classes established pursuant to subsection (2); and
(
b) apportion the fair value assessment of the land,
improvements or both among those classes.
(5) Pursuant to
section 258 of the Charter, if the assessor
determines that portions of any land or improvements or both, or portions
of its assessment, belong to different classes established pursuant to
subsection (2), land, improvements or both may be entered more than once in
the assessment roll for the purpose of indicating the assessed value of
each portion of the land, improvements or both within a class.
(6) Land and improvements, and the assessments of land and
improvements, are to be classified as belonging to the classes established
pursuant to this section, in each year as of January 1, except for a new
improvement or a newly subdivided parcel that is to be classified as of the
date it is added to the assessment roll.
259.3(1) The percentages of value applicable to the classes of
property pursuant to
section 259.2 of the Charter, are the following:
(
a) NON ARABLE (RANGE) LAND AND IMPROVEMENTS - 50%;
(
b) OTHER AGRICULTURAL LAND AND IMPROVEMENTS - 70%;
(
c) RESIDENTIAL - 75%;
(
d) MULTI-UNIT RESIDENTIAL - 85%;
(
e) SEASONAL RESIDENTIAL - 70%;
(
f) COMMERCIAL AND INDUSTRIAL - 100%;
(
g) ELEVATORS - 60%;
(
h) RAILWAY RIGHTS OF WAY AND PIPELINE - 70%.
(2) After calculating the fair value assessment of land,
improvements or both that belong to a class of property established
pursuant to
section 259.2, the assessor shall multiply the fair value
assessment by the percentage of value made pursuant to subsection (1) that
is applicable to the class of property to which the land, improvements or
both belong.
(3) The figure obtained by performing the calculation set out in
subsection (2) is the figure to be used for calculating the taxes payable
pursuant to
section 299 with respect to the land, improvements or both.
Section 260 is repealed and the following is substituted:
260(1) The assessor shall annually assess all businesses that are
carried on and occupy premises in the city.
(2) Notwithstanding subsection (1), the council may, by bylaw,
exempt home-based business or a class or classes of home-based businesses
from the requirement of assessment for business tax purposes, and license
the business or class or classes of business pursuant to paragraph 3 of
section 127.
(3) Notwithstanding subsection (1), the council may, by bylaw,
provide that businesses are not to be assessed within the city.
(4) Subject to subsection (5), a bylaw pursuant to subsection (3),
or an amendment to or repeal of a bylaw made pursuant to subsection (3),
must be made on or before June 30 of the year prior to the year in which
the bylaw or amendment is to take effect.
(5) A bylaw made pursuant to subsection (3), or an amendment to or
repeal of a bylaw made pursuant to subsection (3), that is to take effect
in 1997 is not required to be made on or before the date set out in
subsection (4).
(6) The council must give notice of the making, amending or
repealing of a bylaw pursuant to subsection (3) to other taxing authorities
on whose behalf it levies taxes within 15 days of making the bylaw,
amendment or repeal.
(7) Notwithstanding anything herein contained, a person to whom a
bylaw passed pursuant to paragraph 10 or 13 of
section 127 applies and who
is assessed and taxed in respect of a business may also be required to pay
a licence fee to the city in respect of the same business and shall be
liable to pay, in addition to the amount of the tax in respect of the
business, only the amount, if any, by which the licence fee exceeds the
tax.
(8) A railway company, whether its property is liable to assessment
and taxation or not, is liable to assessment and taxation under this
section in respect of the business carried on as a railway.
(9) Notwithstanding clause (
n) of
section 2, the owner of a special
franchise shall be assessed for the land, including buildings, and
improvements, that he uses or occupies, at the fair value; and the plant
and apparatus, including machinery and fixtures, erected or placed on, in,
over, under or affixed to land or to any highway, lane or public place or
water, shall be assessed at the fair value.
(10) The owner of a special franchise shall also be assessed in
respect of the right, authority or permission on the basis of 10% of the
value of the franchise under agreement.
(11) The owner of a special franchise shall not be assessed in
respect of business.
11 The following is added after
section 260:
260.1 Notwithstanding
section 260:
(
a) resource production equipment is not to be assessed
for the purpose of business assessment or included in the assessment of any
business; and
(
b) land and improvements occupied by resource
production equipment that is assessed are not to be assessed for the
purpose of business assessment or included in any business assessment.
260.2(1) In this section, "fair value assessment" means the fair
value of any land or improvements as determined in accordance with this
Charter before applying a percentage of value pursuant to
section 259.3.
(2) Subject to the other provisions of this Charter, the assessor
shall assess all businesses that are liable to assessment by applying a
maximum percentage of 50% pursuant to this
section to:
(
a) the fair value assessment of the land and
improvements that the assessor determines are used or are intended to be
used for the purposes of business; or
(
b) where only a portion of any land or improvements
are used or intended to be used for the purposes of business, the fair
value assessment of the portion.
(3) The council of the city may, by bylaw, set a lower percentage to
apply to that business for the purposes of subsection (2).
(4) Subject to subsection (6), where more than one business is
located within the same land and improvements, the business assessment set
pursuant to subsection (2) to be allocated to each of the businesses is to
be determined according to a method set by the agency.
(5) Notwithstanding subsection (5), the council of the city that
performs its own valuations and revaluations pursuant to
section 22 of The
Assessment Management Agency Act may, by bylaw, set another method of
determining the allocation of business assessment.
(6) Where a business assessment has been calculated pursuant to
subsection (2) for land and improvements that the assessor determines are
intended to be used for business purposes but a portion of the land and
improvements could be, but is not, being used as separate business
premises, the business assessment that would otherwise be allocated on that
portion is not to be allocated pursuant to subsections (4) and (5) among
businesses located in the portion of the land and improvements that is
being used for business purposes.
(7) Notwithstanding any other provision of this Charter, if a
business located on a type of land or improvement was not subject to a
business assessment on the day before this subsection comes into force, no
business occupying that type of land or improvement is to be assessed for a
business assessment pursuant to this section.
260.3(1) Where, pursuant to
section 260(3), the city does not assess
businesses, the city shall continue to levy each year, on behalf of every
other taxing authority for whom it levies rates pursuant to
section 299(b),
an amount equivalent to the amount that it would have levied on behalf of
the other taxing authority if the city had continued to assess businesses,
calculated in accordance with subsection (3), unless the other taxing
authority and any other municipality that also levies rates on its behalf
agree otherwise.
(2) The city shall raise the amount mentioned in subsection (1) by
adjusting the rate levied within the city on behalf of the other taxing
authority pursuant to
section 299(b), either at a uniform rate or, by
agreement with the other taxing authority, by means of a uniform rate
multiplied by the applicable mill rate factors set pursuant to
section
299.3.
(3) The following methods shall be used for calculating amounts that
would have been levied on behalf of other taxing authorities for the
purposes of subsection (1):
(
a) determine the amount raised by the mill rate set by
the other taxing authority in the current year applied to assessments of
land and improvements used or intended to be used for business purposes
within the city that are within the boundaries of the other taxing
authority, and multiply that amount by 33%;
(
b) add the amount obtained by the calculation in
clause (
a) to the amount raised in the current year by the mill rate set by
the other taxing authority applied to land and improvements assessments
within the city that are within the boundaries of the other taxing
authority;
(
c) increase the mill rate to be levied within the city
for the other taxing authority to raise the amount determined in clause
(b).
12 The following is added after
section 262:
262.1 A parcel of land in the city that is used by a person
exclusively for farming purposes, or a number of such parcels of land
operated by a person as one farming unit, and that is two hectares or more
in area is to be assessed at the rates established for land pursuant to
this Charter with respect to the first two hectares and the remainder of
the land is to be assessed at the rates equal to the rates established for
farm land pursuant to the assessment manual prepared for assessors by the
agency and established as a manual by order of the agency together with any
percentage of value that may be set for farmland pursuant to
section 259.2.
Section 263 is amended
(
a) by repealing subsection (1) and substituting the following:
263(1) The assessor may, at any time, request from any
assessable person any reasonable information or documentation that relates
to or might relate to the determination of the value of any land,
improvements or business for the purpose of preparing an assessment roll
for any year.
(1.1) The assessor may, in every year, request the owner of
land and improvements to provide information respecting which persons are
carrying on business on the land and in the improvements, and the nature of
the business being carried on.
(1.2) An assessor may request from any assessable person
information or documentation that relates to:
(
a) the income generated or expected to be generated by
any land or improvements; or
(
b) the expenses incurred or expected to be incurred
with respect to any land or improvements;
for the purpose of using a valuation technique or method of
appraisal based on the use of income or benefits mentioned in
section 259.1
at a future time when the technique or method could be relevant.
(1.3) Subject to
section 271.1, a person who has received a
request from an assessor shall, prior to the expiration of a period set by
the assessor of not less than 30 days after the date of receiving the
request, provide the assessor with:
(
a) all of the requested information and documentation
relating to or affecting the determination of the value that is in the
possession or under the control of the person; and
(
b) a written declaration signed by the person stating
that the information provided by the person is complete, true and accurate
to the best of his or her knowledge.
(
b) in subsection (3)
(
i) by adding "the following information as of January
1 in the current year" after "showing";
(ii) by adding the following after clause (d):
(
e) notice of any change in the ownership
of a railway roadway and any abandonment of a railway;
(
c) in subsection (4)
(
i) by adding "as of January 1 in the current year"
after "the following information";
(ii) in clause (
a) by striking out "plant and equipment
as defined by paragraph 8 of
section 259, used in operating a new well,
battery or injection plant" and substituting "resource production equipment
that is subject to assessment";
(iii) in clause (
b) by striking out "plant and equipment
used in the operation of a well, battery or injection plant" and
substituting "resource production equipment that is subject to assessment";
(iv) by adding the following after clause (c):
(
d) notice of any change of ownership or
operation of the well and any abandonment of operation of the well.
(
d) in subsection (5)
(
i) by adding "the following information as of January
1 in the current year" after "showing";
(ii) by adding the following after clause (e):
(
f) notice of any change of ownership of
the pipeline and any abandonment of the pipeline.
(
e) by repealing subsection (6) and substituting the following:
(6) Every person who fails to furnish in accordance with this
section any information or documentation required of the person pursuant to
this
section is guilty of an offence.
(
f) by adding the following after subsection (8):
(9) If the person whose assessment is the subject of the
appeal or his or her agent seeks to introduce the following evidence at the
hearing of the appeal, that evidence shall not be taken into consideration
by the board of revision or appeal board in making its determination:
(
a) information or documentation that was not provided
to the assessor as required by this
section when it was required to be so
provided;
(
b) information that is substantially at variance with
information provided to the assessor in response to a request made pursuant
to this section.
Section 267 is amended
(
a) in subsection (1) by adding "by ordinary mail" before "to every
person";
(
b) in subsection (2) by striking out "a form approved by the
minister" and substituting "form 10";
(
c) in subsection (5) by striking out "court of revision" and
substituting "board of revision";
(
d) by adding the following after subsection (6):
(7) Notwithstanding subsection (5), where, pursuant to
subsection 22(11) of The Assessment Management Agency Act, the council of
the city passes a bylaw providing for the phasing in of assessed values
resulting from a revaluation, the council may, by bylaw, dispense with the
mailing of assessment notices in the second and any subsequent year of the
phase-in period, if the assessment notice in the first year of the phase-in
period contains the phased-in assessed values for each year of the phase-in
period, except where:
(
a) the name of the owner or occupant, as the case may
be, on the assessment roll has changed since the issuance of the last
assessment notice; or
(
b) the assessed value has changed for a reason other
than the revaluation.
Section 268 is repealed and the following is substituted:
268(1) A person, including a taxing authority or the agency, may
give to an assessor a notice of appeal to the board of revision, if the
person:
(
a) has an interest in any land, improvements or
business or is affected by the valuation or classification of any land,
improvements or business; and
(
b) believes that an error has been made in the
valuation or classification of the land, improvements or business or the
preparation or the content of the relevant assessment roll or notice of
assessment.
(2) A notice of appeal may relate to each assessment for which the
person making the appeal alleges an error exists.
(3) A notice of appeal must be given:
(
a) within 30 days after the day on which the notice of
assessment is mailed to the person; or
(
b) if no notice of assessment is mailed to the person,
within 30 days after the later of the date when the notice of assessment
has been posted and published pursuant to
section 266 and the date the
notice of assessment is published in the Gazette pursuant to
section
267(6).
(4) A notice of appeal must be in Form 7 and state all grounds on
which the appeal is based, including:
(
a) a description of the valuation or classification
with respect to which an error is alleged to exist;
(
b) the nature of any error alleged in the preparation
or content of the assessment roll or notice of assessment;
(
c) the specific grounds on which it is alleged that an
error exists;
(
d) in
summary form, the material facts on which the
appellant relies; and
(
e) the address of a place at which documents relating
to the appeal may be left, or to which those documents may be mailed, for
the appellant.
(5) Where a person fails to provide any information required
pursuant to subsection (4), the board of revision may, at any time prior to
determining the appeal require the person to provide the information during
a specified time, and, if the person does not provide the information
during that time, may dismiss the appeal.
(6) Where an appellant gives a notice of appeal pursuant to this
section, the appellant shall, at the time of filing the notice of appeal,
or at any other time within the 30-day period mentioned in subsection (3),
pay any fee to the city against which the appeal has been taken that may be
established by bylaw by the council.
(7) The council may, by bylaw, establish fees for the purposes of
subsection (6).
(8) Where an appellant is successful in whole or in part on an
assessment or classification appeal at either the board of revision or the
appeal board, the council shall refund any fee that was submitted by the
appellant to the city.
268.1 Where an appellant fails to pay any fee established by bylaw
for the purposes of an appeal to the board of revision pursuant to this
Charter within the 30-day period mentioned in
section 268(3), the appeal is
deemed to be dismissed.
Section 269 is repealed and the following is substituted:
269(1) The council shall, by resolution, appoint not less than three
persons, any of whom may be members of the council, to constitute a board
of revision for the city.
(2) The members of the board of revision shall designate one of
their number as chairperson.
(3) Where a majority of the members of the board of revision is
unable to attend a sitting of the board, the chairperson of the board of
revision may, from among the members of council, appoint a sufficient
number of persons to the board of revision to constitute a quorum to act in
the place and exercise all the powers of the absent members for that
sitting.
(4) No person who has a pecuniary interest in any land, improvement
or business, the assessment of which is the subject of an appeal to the
board of revision, shall act as a member of the board of revision on that
appeal.
(5) The council shall appoint a secretary of the board of revision
who may be the assessor.
(6) The council may pay the members and secretary of the board of
revision any remuneration that it may determine.
(7) The chairperson of the board of revision may:
(
a) appoint panels of not less than three persons from
the membership of a board of revision; and
(
b) appoint a chairperson for each panel.
(8) Each panel appointed pursuant to subsection (7) may hear and
rule on appeals concurrently as though it were the board of revision in
every instance.
(9) A majority of the members of a board of revision or of a panel
constitutes a quorum for the purposes of a sitting or hearing or of
conducting the business of the board or panel.
(10) If a majority of the members of a panel is unable to attend a
sitting of the panel, the chairperson of the board of revision may, from
among the members of the board of revision, appoint a sufficient number of
persons to the panel to constitute a quorum to act in the place and
exercise all the powers of the absent members for that sitting.
269.1(1) The city may, by bylaw, authorize an agreement with other
municipalities in Saskatchewan to provide for the creation of, and the
appointment of members to, a district board of revision.
(2) A district board of revision is deemed to be a board of revision
to hear and decide appeals pursuant to
section 268 from within the
municipalities that are signatories to the agreement.
(3) Where municipalities enter into an agreement pursuant to
subsection (1), they shall appoint a secretary for the district board of
revision and shall provide for the remuneration of that secretary within
the agreement.
269.2 No action lies or shall be instituted against any member of a
board of revision where the member is acting pursuant to the authority of
this Charter for any decision or order of the board of revision made in
good faith.
Section 270 is repealed and the following is substituted:
270(1) Before the sitting of the board of revision, the secretary of
the board shall:
(
a) prepare a list of the appeals in form 8, which will
be heard, as far as possible, in the order in which they stand on the list,
but the board of revision may adjourn or re-schedule the hearing of any
appeal as it considers advisable;
(
b) post the list of appeals in a conspicuous place in
the municipal office and ensure that it remains posted during the sittings
of the board;
(
c) serve at least 21 days before the sitting of the
board of revision, on every appellant and every other person whose
assessment is or may be affected, a notice of the time and place of the
sitting of the board of revision to hear the appeal:
(
i) at the address for service indicated in
the notice of appeal;
(ii) if no address is given in the notice of
appeal, at the address entered on the assessment roll.
(2) The secretary shall not place an appeal on the list pursuant to
subsection (1) unless the appellant has complied with all the requirements
set out in
section
Section 271 is repealed and the following is substituted:
271(1) Where a party to an appeal intends to make use of any
written materials on the hearing of an appeal, the party shall file copies
of the materials with the secretary of the board of revision at least 10
days prior to the date set for the hearing.
(2) A party who files copies of materials pursuant to subsection
(1) shall serve copies of the materials on the party defending the assessment
or classification at least 10 days prior to the date set for the hearing.
(3) If a party does not comply with subsection (1) or (2), the board
may, in its discretion:
(
a) accept and consider the material sought to be
filed;
(
b) refuse to accept or consider the material sought to
be filed.
271.1(1) Following a request for information and prior to providing
information to the assessor or any other party to an appeal, the party that
is to provide the information may declare the information confidential and
seek an undertaking of the other party that all or some of the information
so provided is provided solely for the purpose of preparing an assessment
or for an appeal hearing and that no other use may be made of the
information.
(2) Failure to provide an undertaking pursuant to subsection
(1) forfeits the right of a party to obtain the information being sought by any
other process.
(3) Every person who fails to comply with an undertaking given
pursuant to this
section is guilty of an offence.
271.2 Any party to an appeal shall tender all of the evidence on
which he or she relies at or prior to the board of revision hearing.
Section 274 is repealed and the following is substituted:
274(1) Subject to subsection (2), where an appellant fails to appear
either personally or by agent at the board of revision hearing:
(
a) the board may make a decision in the absence of the
appellant;
(
b) the decision of the board pursuant to clause (
a) is
final; and
(
c) no appeal may be taken by the appellant from that
decision.
(2) Where an appellant must attend more than one board of revision
hearing in more than one municipality on the same day, the appellant may
apply to the board of revision for an adjournment, and the board of
revision shall grant the application.
274.1(1) Where, at least two days before the day scheduled for the
hearing of an appeal to the board of revision, a party to the appeal
requests that the hearing or part of the hearing or the testimony of a
witness testifying at a hearing be recorded, the chairperson of the board
or panel shall order that the hearing or a part of the hearing or the
testimony of a witness be recorded by a person appointed by the board, with
or without production of a transcript copy of the recording.
(2) Where an order is made pursuant to subsection (1), the
chairperson of the board or panel may, at the time of making the order or
after deciding the appeal, charge against the party who requested the
recording or a transcript the costs or a part of the costs of:
(
a) recording the hearing, a part of the hearing or the
testimony of a witness, including the cost of the services of the person
appointed to make a recording;
(
b) producing a readable transcript of a recording or
part of a recording; or
(
c) making copies of a recording or a transcript.
(3) The secretary of the board of revision may withhold the
recording or transcript until the costs charged pursuant to subsection
(2) have been paid.
274.2(1) On application made by an appellant appearing before it,
the board of revision may, by order, grant leave to the appellant to amend
his or her notice of appeal so as to add a new ground on which it is
alleged that error exists.
(2) An order made pursuant to subsection (1) may be made subject to
(3) An order made pursuant to subsection (1) is to be in writing.
Section 277 is amended
(
a) by renumbering it as
section 277(1);
(
b) in subsection (1) by striking out "court of revision" and
substituting "board of revision";
(
c) by adding "except as provided for in subsection (2) and
section
286(3)" after "that date";
(
d) by adding the following after subsection (1):
(2) The minister may, by order, extend the time for a board of
revision to hear appeals and render decisions in each year where the
minister is of the opinion that it is appropriate to do so because of
exceptional circumstances.
21 The following is added after
section 277:
277.1 A board of revision shall maintain a written copy of each of
its decisions.
277.2(1) If the decision of the board of revision is not given or is
given verbally at the time of the hearing of an appeal, the secretary of
the board shall serve a written notice of the decision and written reasons
of the board of revision to the parties to the appeal within 14 days after
the decision is made.
(2) Section 277.3 of the Charter applies to any notice to be served
pursuant to subsection (1).
277.3(1) Any notice required by this Charter to be given or served
is, unless otherwise provided for, to be served personally or mailed by
registered mail to the last known address of the person being served.
(2) A notice to be served by registered mail is deemed to have been
received on the fifth day following the date of its mailing.
(3) Where the address of the person to be served is unknown, the
notice shall be served by publishing it in 2 issues of a newspaper
circulating in the city and the second notice appearing at least 3 days
before any action is taken in respect of the matter to which the notice
relates.
22 The following is added after
section 278:
278.1 No action lies or shall be instituted against a board of
revision or any member of a board of revision for any loss or damage
suffered by a person by reason of anything in good faith done, caused,
permitted or authorized to be done, attempted to be done or omitted to be
done by any of them pursuant to or in the exercise or supposed exercise of
any power conferred by this Charter or in the carrying out or supposed
carrying out of any duty imposed by this Charter.
Section 279 is amended
(
a) in subsection (1) by striking out "court of revision" and
substituting "board of revision";
(
b) in subsection (2)
(
i) by striking out "An appeal" and substituting
"Subject to
section 268, an appeal";
(ii) by striking out "court of revision" wherever it
occurs and substituting "board of revision".
24 The following is added after
section 279:
279.1(1) An appellant bringing an appeal to the appeal board shall
serve on the secretary of the board of revision and the appeal board a
notice of his or her appeal in Form 11 setting out all the grounds of
appeal:
(
a) within 30 days after being serviced with the notice
of the decision pursuant to
section 277.2;
(
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 assessment was prepared.
(2) Where the agency has prepared the assessment or classification
being appealed, the appellant shall serve the agency with a copy of the
notice of appeal within the same appeal periods mentioned in subsection
(1).
(3) If an appellant does not effect service in accordance with
subsections (1) and (2), the appeal is deemed to be dismissed.
279.2(1) Immediately after the expiration of the time for filing of
notices of appeal, the secretary of the board of revision shall, with
respect to each appeal to the appeal board, cause to be transmitted to the
appeal board:
(
a) the notice given pursuant to
section 268;
(
b) materials filed with the board of revision prior to
its hearing;
(
c) any exhibits entered at the board of revision
hearing;
(
d) the minutes of the board of revision, including a
copy of any order made pursuant to
section 274.2;
(
e) any written decision of the board of revision; and
(
f) a written statement describing the portion, if any,
of the hearing before the board of revision that was recorded by a person
appointed by the board of revision.
(2) Following receipt of the items transmitted to it pursuant to
subsection (1), or after not less than 30 days have passed since the
expiration of the time mentioned in subsection (1), whichever is earlier,
the appeal board shall fix a time and place for hearing the appeal and
notify the agency, the assessor and all other parties of the time and place
fixed.
(3) On being notified by the appeal board of the time and place
fixed pursuant to subsection (1), the assessor shall immediately cause a
notice to be posted in a conspicuous place in the municipal office and in
the place where the council holds its meeting containing the names of the
appellants and parties against whose assessment appeals have been taken, a
brief statement of the grounds of appeal and the time and place fixed by
the appeal board for hearing the appeals.
Section 280 is amended
(
a) by repealing paragraphs 1 to 4;
(
b) by renumbering paragraph 5 as paragraph 1 and by adding "in
form 12" after "for hearing the appeals";
(
c) by repealing paragraph 6;
(
d) by renumbering paragraphs 7 to 15 as paragraphs 2 to 10;
(
e) in paragraph 4 by striking out "court of revision" and
substituting "board of revision".
26 The following is added after
section 280:
280.1 Where an appellant fails to pay any fee established by this
Charter or any Act for the purposes of an assessment or classification
appeal to the appeal board pursuant to this Charter or any other Act within
the 30-day period mentioned in
section 268(3), the appeal is deemed to be
dismissed.
280.2 Subject to
section 280.3, and notwithstanding any power that
the appeal board would otherwise have pursuant to The Municipal Board Act
to seek and obtain other information, an appeal to the appeal board
pursuant to this Charter is to be determined on the basis of the materials
mentioned in
section 279.2 and any transcript requested and produced
pursuant to
section 274.1.
280.3(1) The appeal board shall not allow new evidence to be called
on an appeal except where it is satisfied that:
(
a) except by his or her failure to make a request
pursuant to
section 274.1 through no fault of the person seeking to call
the new evidence, the written materials and transcript mentioned in
section
279.2 are incomplete, unclear or do not exist;
(
b) the board of revision has omitted, neglected or
refused to make a decision; or
(
c) the appellant has established that relevant
information has come to his or her attention and that the information was
not obtainable or discoverable by the appellant prior to the board of
revision hearing through the exercise of due diligence.
(2) Where the appeal board allows new evidence to be called pursuant
to subsection (1), the appeal board may make use of any powers it possesses
pursuant to The Municipal Board Act to seek and obtain further information.
280.4 On an appeal from a decision of the board of revision with
respect to the assessment or classification of land, improvements or a
business, the appeal board may adjust, either up or down, the assessment of
or change the classification of the land, improvements or business in order
that:
(
a) errors in and omissions from the assessment roll
may be corrected; and
(
b) an accurate, fair and equitable entry of assessment
for the land, improvements or business may be placed on the assessment
roll.
Section 282(2) is amended by striking out "district court" and
substituting "Court".
28 The following is added after
section 282:
282.1 Where an appeal to the board of revision or the appeal board
results in a change to the assessment of any land or improvements used for
business purposes, the assessor shall make:
(
a) any correction to the assessment of a business
located on the land or within the improvements necessary to comply with
section 260.2; and
(
b) the necessary corrections on the roll.
282.2 Where assessment has been allocated between businesses
pursuant to
section 242(5) or (6) and a change is made to the assessment of
one of the businesses pursuant to an appeal to the board of revision or the
appeal board, the assessor shall make the necessary correction, but no
change shall be made until the following year to the assessment of
businesses whose operators did not appeal.
Section 283 is repealed and the following is substituted:
283(1) The Saskatchewan Municipal Board may on its own initiative
submit a stated case on questions of law or jurisdiction, arising in
connection with a matter that is before the Saskatchewan Municipal Board,
for a decision of the Court of Appeal.
(2) Where the Saskatchewan Municipal Board initiates referral of a
stated case, the Saskatchewan Municipal Board:
(
a) shall reserve its decision until the decision of
the Court of Appeal has been given; and
(
b) shall, after the decision, determine the matter in
accordance with that decision.
(3) The Court of Appeal may, if it thinks appropriate, cause any
stated case to be remitted to the Saskatchewan Municipal Board for
amendment and the Saskatchewan Municipal Board shall amend the stated case
accordingly.
(4) On the hearing of the case, the Court of Appeal may draw any
inferences that are not inconsistent with the facts expressly found by the
Saskatchewan Municipal Board and are necessary for determining the question
of law or jurisdiction, and shall certify its opinion to the Saskatchewan
Municipal Board and the Saskatchewan Municipal Board shall make an order or
decision in accordance with that opinion.
(5) After the receipt of the decision of the Court of Appeal on a
stated case, the Saskatchewan Municipal Board shall notify the appellant
and any interested party to the appeal of the court's decision.
283.1 Any person affected by an order, decision or determination of
the Saskatchewan Municipal Board may appeal to the Court of Appeal against
the order, decision or determination on a question of law or on a question
concerning the jurisdiction of the Saskatchewan Municipal Board:
(
a) within:
(i) 30 days after the date on which the
order, decision or determination is made; or
(ii) any further time, not exceeding 30
days, that a judge of the Court of Appeal may allow upon an application
made within 30 days after the date on which the order, decision or
determination is made; and
(
b) with leave of a judge of the Court of Appeal.
283.2(1) The appellant shall, within the period provided in
section
283.1(a)(i), serve notice of the application for leave to appeal on all
parties to the matter before the Saskatchewan Municipal Board giving rise
to the appeal and on the Saskatchewan Municipal Board, and the Saskatchewan
Municipal Board shall, within 20 days of being served with the notice,
transmit to the registrar of the Court of Appeal a copy of the order,
decision or determination appealed from, duly certified by the chairperson
or secretary of the Saskatchewan Municipal Board, together with all
documents filed with the Saskatchewan Municipal Board in connection with
the subject matter of the appeal.
(2) An order granting leave to appeal
(
a) for the purposes of any appeal pursuant to
section
283.1 is deemed to be a notice of appeal;
(
b) must state the grounds of the appeal; and
(
c) must be served on the respondent or his or her
solicitor within 15 days from the date of the order giving leave to appeal.
(3) Subject to the provisions of this
section and sections 283.1 and
283.3, the rules of the Court of Appeal apply, with any necessary
modifications to an appeal pursuant to
section 283.1 as if it were an
appeal from a judge of the Court of Queen's Bench, but no appeal books are
required.
(4) The Saskatchewan Municipal Board may charge a reasonable fee for
copying any documents required for the purposes of an appeal.
283.3 All proceedings under an order, decision or determination
appealed from pursuant to
section 283.1 are stayed on the filing of the
application for leave to appeal with the registrar of the Court of Appeal
until the appeal has been disposed of.
Section 292(9) is repealed and the following is substituted:
(9) Where an assessment has not been confirmed by the agency, taxes
levied on the assessment are not recoverable pursuant to this Charter or
the Municipal Government Act of Alberta or The Tax Enforcement Act of
Saskatchewan until the assessment is confirmed.
Section 293 is amended
(
a) in subsection (1) by striking out "buildings, businesses,
special franchises, pipe lines and the plant and equipment of mines, gravel
pits, petroleum oil wells and gas wells" and substituting "improvements and
businesses";
(
b) by repealing subsection (2) and substituting the following:
(2) If the city does not assess businesses pursuant to
section
260(3) the city shall not levy a business tax.
Section 294 is amended by adding the following after paragraph 16:
17 minerals, within the meaning of The Mineral Taxation Act.
Section 296 is amended by striking out "for the current year any
property or business designated in the bylaw" and substituting "in whole or
in part for the current year any land, improvements or business designated
in the bylaw".
34 The following is added after
section 296:
296.1(1) Where, after the coming into force of this section, the
council exempts or partially exempts any land, improvements or business
from taxation pursuant to
section 296, or enters into an agreement to
exempt or partially exempt any farm land or improvements from taxation
pursuant to
section 262(3), the city shall raise each year, on behalf of
any other taxing authority on whose behalf it levies taxes, an amount equal
to the amount that would have been levied on behalf of the other taxing
authority if the exemption had not existed, unless the other taxing
authority and any other municipality that also levies rates on its behalf
agree otherwise.
(2) The city shall raise the amount mentioned in subsection (1) by
adjusting the rate levied within the city on behalf of the other taxing
authority pursuant to paragraph (
b) of
section 299, either at a uniform
rate or, by agreement with the other taxing authority, by means of a
uniform rate multiplied by the applicable mill rate factors set pursuant to
section 299.3.
(3) The amount mentioned in subsection (1) is to be calculated by
multiplying the most recent assessment of the land, improvements or
business to which the exemption or partial exemption applies by the rate
set by the other taxing authority and levied pursuant to
section 299(b),
subject to any applicable mill rate factors.
35 The following is added after
section 299:
299.1 Where, pursuant to
section 22(11) of The Assessment
Management Agency Act, the council passes a bylaw providing for the phasing
in of assessed values resulting from a revaluation, and the city levies
taxes on behalf of another taxing authority, the council shall:
(
a) use the assessed values as phased in as the basis
for levying those taxes; and
(
b) by resolution, and notwithstanding any other Act,
following consultation with the affected taxing authority, substitute a
rate that is sufficient to raise the same amount of tax revenue for that
taxing authority as the amount that would have been raised for that taxing
authority had the phasing-in bylaw not been adopted.
299.2(1) Where the incidence of taxation in the city changes as a
result of a revaluation pursuant to The Assessment Management Agency Act,
the council of the city may, by bylaw, implement a plan to phase in
resulting changes in taxes over a period of not more than six years.
(2) A tax phase-in plan established by the council pursuant to
subsection (1) may:
(
a) set limits on the amounts or percentages of tax
increase or decrease resulting from revaluation to be permitted in each
year of the plan for land, improvements or businesses, or for any class of
land, improvements or businesses, and those limits need not be the same for
tax increases and decreases or for each category or class of category to
which the limits apply;
(
b) specify the method of funding the difference in
each year of the plan between any limit on tax increase set pursuant to
clause (
a) and the tax increase that would otherwise result from
revaluation.
(3) A method specified pursuant to subsection (2)(
b) is to include
one or more of the following:
(
a) a reduction of the tax decreases that would
otherwise result from revaluation;
(
b) a meeting of the difference through a levy on land,
improvements or businesses, or a class or subclass of land, improvements or
businesses;
(
c) a transfer from surplus or reserve funds.
(4) A tax phase-in plan established by the council pursuant to
subsection (1) shall:
(
a) ensure that the difference between any limit set
pursuant to subsection (2) and the tax increase that would otherwise result
from revaluation in each year of the plan is funded in each current year;
(
b) exclude from the plan tax increases or decreases
resulting from any change in assessed values that is not the result of
revaluation; and
(
c) ensure that the full amount of any tax increase or
decrease resulting from revaluation is in effect after completion of the
tax phase-in plan.
(5) A tax phase-in plan established pursuant to subsection
(1):
(
a) shall be implemented by adjusting the levy set
pursuant to
section 299; and
(
b) may be extended to any other rates required by this
or any other Act by agreement with any other taxing authority on whose
behalf the city levies taxes.
(6) The following classes of land and improvements shall be used for
the purposes of tax phase-in:
(
a) AGRICULTURAL, which includes land and improvements
classified as NON-ARABLE (RANGE) LAND AND IMPROVEMENTS or OTHER
AGRICULTURAL LAND AND IMPROVEMENTS pursuant to
section 259.2;
(
b) RESIDENTIAL, which includes land and improvements
classified as RESIDENTIAL and MULTI-UNIT RESIDENTIAL pursuant to
section
259.2;
(
c) SEASONAL RESIDENTIAL, which includes land and
improvements classified as SEASONAL RESIDENTIAL pursuant to
section 259.2;
(
d) COMMERCIAL AND INDUSTRIAL, which includes land and
improvements classified as COMMERCIAL AND INDUSTRIAL, ELEVATORS, and
RAILWAY RIGHTS OF WAY AND PIPELINE pursuant to
section 259.2.
(7) The council of the city may, by bylaw, and subject to the
approval of the minister, establish subclasses of land, improvements or
businesses within the classes pursuant to subsection (6).
299.3(1) The council may, by bylaw, set mill rate factors that are
to be multiplied by the uniform rate provided for in
section 299(
a) for the
purpose of establishing the levy for a taxable assessment.
(2) A mill rate factor may be made applicable to:
(
a) a class of assessment of land, improvements or both
pursuant to this section; or
(
b) where the council of the city has established
subclasses of those classes by bylaw made pursuant to this section, a
subclass.
(3) The following classes of land and improvements shall be used for
the purpose of establishing mill rate factors:
(
a) AGRICULTURAL, which includes land and improvements
classified as NON-ARABLE (RANGE) LAND AND IMPROVEMENTS or OTHER
AGRICULTURAL LAND AND IMPROVEMENTS pursuant to
section 259.2;
(
b) RESIDENTIAL, which includes land and improvements
classified as RESIDENTIAL and MULTI-UNIT RESIDENTIAL pursuant to
section
259.2;
(
c) SEASONAL RESIDENTIAL, which includes land and
improvements classified as SEASONAL RESIDENTIAL pursuant to
section 259.2;
(
d) COMMERCIAL AND INDUSTRIAL, which includes land and
improvements classified as COMMERCIAL AND INDUSTRIAL, ELEVATORS, and
RAILWAY RIGHTS OF WAY AND PIPELINE pursuant to
section 259.2.
(4) Subject to the approval of the minister, the council of the city
may, by bylaw, set subclasses of assessment of land, improvements or both
within the classes pursuant to subsection (3).
(5) Notwithstanding any other Act or law, the city may apply a mill
rate factor established pursuant to this
section to a rate mentioned in
section 299(
b) by agreement with the other taxing authority on whose behalf
it collects the taxes for which the rate is set.
(6) Notwithstanding any other Act or law, the city that applies a
mill rate factor pursuant to subsection (5) shall adjust the rate set so
that the same total amount of tax is levied on behalf of the other taxing
authority after applying a mill rate factor.
(7) Subject to subsection (8):
(
a) the council must give notice of its intention to
set mill rate factors, or to vary or repeal any mill rate factors it has
set, to the other taxing authorities on whose behalf it levies taxes, on or
before June 30 of the year prior to the year in which the mill rate
factors, amendment or repeal are to be effective; and
(
b) a taxing authority that desires to enter into an
agreement pursuant to subsection (5) must advise the city of that fact on
or before September 30 of the preceding year, with respect to taxes to be
levied in any year.
(8) Subsection (7) does not apply to the setting of mill rate
factors that are to take effect in 1997, or to agreements that are to take
effect in 1997.
(9) The city may not apply mill rate factors pursuant to subsection
(8) by agreement with a school division unless it has entered into an
agreement to apply the same mill rate factors with every school division on
whose behalf it levies taxes.
(10) A mill rate factor that is expected to be applied, by
agreement, to a rate mentioned in
section 299(b), must be set or amended by
council prior to March 1 of the current year.
299.4(1) Subject to sections 294, 295 and 296, the council may, by
bylaw, provide for minimum amounts of taxes that are to be levied with
respect to any land, improvements or business that is separately recorded
on the assessment roll for the purposes of
section 299(a).
(2) A bylaw made pursuant to subsection (1) may provide either a
minimum amount of tax, or a method of calculating the minimum amount of
tax.
(3) The following classes of land and improvements shall be used for
the purpose of establishing a minimum tax:
(
a) AGRICULTURAL, which includes land and improvements
classified as NON-ARABLE (RANGE) LAND AND IMPROVEMENTS or OTHER
AGRICULTURAL LAND AND IMPROVEMENTS pursuant to
section 259.2;
(
b) RESIDENTIAL, which includes land and improvements
classified as RESIDENTIAL and MULTI-UNIT RESIDENTIAL pursuant to
section
259.2;
(
c) SEASONAL RESIDENTIAL, which includes land and
improvements classified as SEASONAL RESIDENTIAL pursuant to
section 259.2;
(
d) COMMERCIAL AND INDUSTRIAL, which includes land and
improvements classified as COMMERCIAL AND INDUSTRIAL, ELEVATORS, and
RAILWAY RIGHTS OF WAY AND PIPELINE pursuant to
section 259.2.
(4) Subject to the approval of the minister, the council of the city
may, by bylaw, establish subclasses of land, improvements or businesses
within the classes pursuant to subsection (3).
(5) A bylaw made pursuant to subsection (1) may provide different
amounts of minimum tax or different methods of calculating minimum tax for
different classes of land, improvements or businesses, or, where the city
has established subclasses, for different subclasses.
(6) A bylaw made pursuant to subsection (1) may provide that no
minimum tax is payable with respect to a class or subclass.
Section 311 is amended
(
a) by repealing subsection (4);
(
b) by renumbering subsection (5) as subsection (4).
Section 314 is amended
(
a) in subsection (4) by striking out "in a form approved by the
minister";
(
b) by adding the following after subsection (4):
(5) Where a person has been assessed pursuant to paragraph
244(1)(d)(i)(
D) with respect to land that is owned by another person, the
treasurer, at the time that he or she sends a notice pursuant to subsection
(1) to the person assessed with respect to the land, shall mail a copy of
the notice to the registered owner of the land.
(6) A tax notice sent by mail shall be sent by ordinary mail.
Section 340 is renumbered as
section 340(2) and the following is added
before subsection (2):
340(1) The council that intends to compromise or abate a claim for
taxes pursuant to subsection (1) shall provide every taxing authority on
whose behalf the city levies taxes pursuant to
section 299(
b) with full
particulars of the proposed compromise or abatement before the compromise
or abatement is to take effect.
39 Sections 347 to 349 are repealed.
Section 380(2) is amended by striking out "and The Municipal Taxation
Act of Alberta and the provisions of The Urban Municipality Act, 1970" and
substituting "of Alberta and the provisions of The Urban Municipality Act,
1984".
Section 383(2) is repealed and the following is substituted:
(22) The Municipal Government Act of Alberta applies to that part of
the area of the city situated within Alberta:
(
a) in the matter of the preparation of an equalized
assessment;
(
b) in the matter of the assessment and taxation of
linear property;
(
c) in the matter of the taxation of any interest held
by the Crown in right of Alberta;
(
d) in the matter of an application to the Crown for a
grant in place of taxes.
42 The following is added after
section 385:
385.1(1) Where anything to be done by the minister, the council, a
board of revision, any other board or committee established by the council
pursuant to this Charter or a municipal employee within a number of days or
at a time fixed in or under this Charter, cannot be or is not so done, the
minister may, by order, appoint a further or other time for doing it,
whether or not the time at or within which it ought to have been done has
arrived or expired.
(2) Anything done at or within the time specified in an order under
subsection (1) is as valid as if it had been done at or within the time
fixed in or under this Charter.
43 In the following provisions, "court of revision" is struck out
wherever it occurs and "board of revision" is substituted:
section 42;
section 272;
section 287;
section 288;
section 292;
section 308.
44 The
Schedule is amended
(
a) by repealing Forms 6, 7 and 8 and substituting the attached
Forms 6, 7 and 8;
(
b) by adding the attached Forms 10, 11 and 12 after Form 9.
45 This Regulation is deemed to have come into force on January 1, 1997.
Form 6
(Sections 266, 267(6) and 347(1), para. 2 and 3)
NOTICE OF PREPARATION OF ASSESSMENT ROLL
City of Lloydminster
Notice is hereby given that the assessment roll for the City of
Lloydminster for the year has been prepared and is open to
inspection in the office of the assessor from a.m. to p.m.
on the following days:
(State day(
s) of the week, date(s), month and year)
Any person who wishes to appeal against his assessment or classification to
the Board of Revision is required to file his or her notice of appeal with:
(The Assessor of the City of Lloydminster)
(address)
(municipality)
(postal code)
by the day of , .
Dated this day of , .
Assessor
Form 7
(Section 267(3), 268(4))
NOTICE OF APPEAL TO THE BOARD OF REVISION
To the Assessor of the City of Lloydminster:
I hereby appeal against the: (check beside those which apply)
land valuation
improvement valuation
business assessment
land classification
improvement classification
preparation or contents of the assessment roll
notice of assessment (fair value assessment or taxable
assessment)
of Lot , Block , registered plan number
, assessment number on the
following grounds:
(if applicable)
(Attach extra sheets if necessary)
In support of the above grounds, I hereby state the following
material facts to be true and accurate:
(Attach extra sheets if necessary)
My address for the service of notice in connection with this appeal is:
(name)
(street)
(municipality)
(province)
(postal code)
I can also be reached at the following phone numbers:
(home) and (business)
Dated this day of , .
Appellant's Signature
Note: A fee may be required to accompany this notice where the city has
established an appeal fee by bylaw.
Form 8
(Section 270)
LIST OF APPEALS
Appeals to be heard by the board of revision of the City of Lloydminster
on the day of , .
Assessment
Appellant
Number
Legal Description
Grounds of Appeal
(date) (Assessor)
Form 10
(Section 267(2))
STATEMENT OF MAILING OF ASSESSMENT NOTICES
I, (name) , being the assessor for the
City of Lloydminster certify that the (year) assessment notices
pertaining to the following/attached assessments have been mailed to the
persons named in the assessment roll.
Assessment Numbers
From to
(Date mailed)
(Assessor's Signature)
NOTE:
If assessment notices are mailed only in respect of new or altered
assessments, show by assessment number those assessment notices actually
sent out. A computer print-out or a list of the assessment numbers may be
attached in lieu of listing the assessment numbers on this form.
Form 11
(Section 280 para.1)
NOTICE OF APPEAL TO THE
SASKATCHEWAN MUNICIPAL BOARD
To the Secretary of the Board of Revision for the City of Lloydminster:
I hereby appeal the decision (or failure to render a decision) of the Board
of Revision for the City of Lloydminster to the Saskatchewan Municipal
Board respecting the:
(check beside those which apply)
land valuation
land classification
exemption
improvement valuation
improvement classification
designation of school support
business assessment
notice of assessment
(if applicable)
of Lot , Block , registered plan number ;
assessment number (if applicable) .
My grounds for appeal are as follows:
(Attach extra sheets if necessary)
My address for the service of notice in connection with this appeal is:
(name)
(street/ PO Box #)
(municipality)
(province)
(postal code) .
I can also be reached at the following phone numbers:
(home) and (business) .
Dated this day of , .
Assessment Value under Appeal:
Enclosed appeal fee: $
(Appellant's Signature )
NOTE: The appellant is required to serve a copy of this Notice of Appeal
on the Saskatchewan Municipal Board (SMB) and the secretary to the Board of
Revision. If the Saskatchewan Assessment Management Agency (SAMA) has
prepared the assessment being appealed, a copy of this notice must also be
served on SAMA. The prescribed appeal fee, payable to the SMB, must
accompany the copy of this notice that is served on the SMB. Information
on appeal fees may be obtained from the SMB.
Form 12
NOTICE OF APPEAL DATE
(Appellant/person against whose valuation, classification or assessment
appeal has been taken)
Please be advised that your appeal will be heard at:
(place/building/address)
in the City of Lloydminster,
by the Saskatchewan Municipal Board on the day of
, , at a.m./p.m.
(Assessor)
(Date)
------------------------------
Alberta Regulation 72/97
Residential Tenancies Act
Mobile Home Sites Tenancies Act
SECURITY DEPOSIT INTEREST RATE AMENDMENT REGULATION
Filed: April 9, 1997
Made by the Lieutenant Governor in Council (O.C. 140/97) pursuant to
section 51 of the Residential Tenancies Act and
section 56 of the Mobile
Home Sites Tenancies Act.
1 The Security Deposit Interest Rate Regulation (AR 446/83) is amended by
this Regulation.
Section 5(2)(
a) is amended by striking out "Alberta Capital Bonds" and
substituting "Alberta Savings Certificates or any security issued to
replace those certificates".
------------------------------
Alberta Regulation 73/97
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: April 9, 1997
Made by the Lieutenant Governor in Council (O.C. 143/97) pursuant to
sections 16 and 17 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 398/94)
is amended by this Regulation.
Section 3 is repealed and the following is substituted:
3 The responsibility for the Reorganization Secretariat is
transferred to the Provincial Treasurer.
Section 5 is amended by adding the following after subsection (3):
(4) The responsibility for the Freedom of Information and Protection
of Privacy Act is transferred to the Minister of Labour.
Section 11 is repealed and the following is substituted:
11(1) The responsibility for the following enactments is transferred
to the Minister of Federal and Intergovernmental Affairs:
(
a) Constitution of Alberta Amendment Act, 1990;
(
b) Metis Settlements Act;
(
c) Metis Settlements Accord Implementation Act;
(
d) Metis Settlements Land Protection Act.
(2) The responsibility for that part of the public service employed
in the Metis Settlements Transition Commission and the Metis Settlements
Appeal Tribunal is transferred to the Minister of Federal and
Intergovernmental Affairs.
5 Sections 14 and 15 are repealed and the following is substituted:
14(1) The responsibility for the Alberta Liquor Control Board
Superannuation Act, Gaming and Liquor Act and Racing Corporation Act is
transferred to the Minister of Economic Development and Tourism.
(2) The responsibility for sections 33 and 43 of the Agricultural
Societies Act is transferred in common to the Minister of Economic
Development and Tourism and the Minister of Agriculture, Food and Rural
Development.
(3) The responsibility for that part of the public service directly
involved in the administration of the enactments referred to in subsection
(1) is transferred to the Minister of Economic Development and Tourism.
15 The administration of the Alberta Research Council Act and the
Science and Research Authority Act are transferred to the Minister
responsible for Science, Research and Information Technology.
6 The following is added after
section 19:
20(1) The responsibility for the Public Service Act is transferred
to the Minister of Advanced Education and Career Development.
(2) The responsibility for that part of the public service
consisting of those persons employed in the Personnel Administration Office
is transferred to the Minister of Advanced Education and Career
Development.
7(1)
Section 1(12.1) is amended by striking out "Agrology" and
substituting "Agrologists".
(2) Section 1(17) is repealed.
Section 4(
a) is amended by striking out "Public Safety" and
substituting "Disaster".
9 The following are repealed:
(
a) Order in Council numbered O.C. 498/94;
(b)
section 1(3) of the Agriculture, Food and Rural Development
Administrative Transfer Order (AR 79/93);
(
c) section 2 of the President of Executive Council Administrative
Transfer Order (AR 399/92);
(
d) Liquor Control Administrative Transfer Order (AR 395/92);
(
e) Alberta Lotteries, Gaming and Racing Administrative Transfer
Order (AR 323/94);
(f)
section 1(1) and (2) of the Science and Research Administrative
Transfer Order (AR 290/94).
Alberta Regulation 74/97
School Act
EARLY CHILDHOOD SERVICES AMENDMENT REGULATION
Filed: April 9, 1997
Made by the Minister of Education (M.O. 012/97) pursuant to
section 24(3)
of the School Act.
1 The Early Childhood Services Regulation (AR 35/89) is amended by this
Regulation.
Section 1(e)(ii) is amended by striking out "Regulations (Alta. Reg.
171/76)" and substituting "Regulation (AR 72/95)".
Section 2 is renumbered as
section 2(1) and the following is added
after subsection (1):
(2) Each year an operator, other than a board, who wishes to
continue to operate an early childhood services program shall apply to the
Minister for approval in a form acceptable to the Minister.
Section 3 is amended by striking out "may only" and substituting
"must".
Section 4 is amended by striking out "plan".
Section 4.1 is amended by striking out "Department of Education Act"
and substituting "Act".
Section 6 is amended
(
a) in subsections (1) and (2) by striking out "A private operator"
and substituting "An operator";
(
b) in subsection (2) by striking out "the private operator" and
substituting "the operator".
Section 7 is amended by striking out "A private operator" and
substituting "An operator, other than a board,".
Section 8 is amended
(
a) in subsection (1)
(
i) by striking out "A private" and substituting "An";
(ii) by striking out "$1 000 000" and substituting "$2
000 000";
(
b) in subsection (2) by striking out "a private" wherever it
occurs and substituting "an".
(
c) in subsection (3) by striking out "A private" and substituting
"An".
10 The following is added after
section 9:
Expiry
Expiry
10 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on March 1, 2002.
------------------------------
Alberta Regulation 75/97
School Act
DISPOSITION OF PROPERTY AMENDMENT REGULATION
Filed: April 10, 1997
Made by the Minister of Education (M.O. 014/97) pursuant to
section 188 of
the School Act.
1 The Disposition of Property Regulation (Alta. Reg. 69/89) is amended by
this Regulation.
Section 1 is amended by adding the following after clause (a):
(a.1) "Government contribution" means money provided by the
Government to a board for a school building project and includes all money
paid to a board from the former School Foundation Program Fund;
Section 2 is re-numbered as
section 2(1) and the following is added
after subsection (1):
(2) When, in the opinion of the Minister, space is available in a
school, the Minister may direct the board operating the school to make that
space available to another board.
Section 3 is amended
(
a) by repealing subsection (5.1) and substituting the following:
(5.1) Subsections (2)(b), (3) and (4) do not apply to
(
a) a sale of a teacherage by a board, if the board
selling the teacherage obtains the prior approval of the Minister for a
procedure for selling the teacherage that is different than that set out in
this section, or
(
b) a sale of property to which an agreement under
section 184(
b) of the Act applies, if the board selling its interest in the
property obtains the prior approval of the Minister for a procedure for
selling the property that is different than that set out in this section.
(
b) by adding the following after subsection (5.1):
(5.2) If a board offers real property for sale in accordance
with subsections (2)(
b) to (4) but does not receive a sufficient bid or
tender, the board may, with the prior approval of the Minister, list the
property with a real estate agent.
(
c) by repealing subsection (6) and substituting the following:
(6) If a board sells real property,
(
a) the board must repay all the outstanding debt
relating to that real property, and
(
b) any proceeds remaining from the sale of the real
property must be divided into 2 amounts so that
(
i) one amount bears the same ratio to the
remaining proceeds as the Government contribution bears to the total amount
of the project for which that contribution was made, and
(ii) the other amount bears the same ratio
to the remaining proceeds as the contribution by the board bears to the
total amount of the project for which that board's contribution was made.
(
d) in subsection (7) by repealing clause (
a) and substituting the
following:
(
a) to the Government contribution under subsection
6(b)(
i) are to be retained by the board and, together with the interest
earned, applied only to the approved cost of a future school building
project, and
(
e) by adding the following after subsection (7):
(8) If, with the approval of the Minister, a board agrees to
transfer ownership of real property, which includes a school building, to
another board or is directed to transfer it by the Minister under
section
187(3) of the Act,
(
a) the amount payable to the transferring board must
bear the same ratio to the appraised value of the property as the
contribution by the board bears to the total amount of the project for
which the board's contribution was made, and
(
b) it is not necessary for the transferring board to
repay any outstanding debt on the school building.
(9) The amount payable under subsection 8(
a) is to be paid by the
Government but if the board that is receiving the real property has any
school building capital reserves those reserves must be used to pay the
amount payable under subsection (8)(
a) and the shortfall, if any, is to be
paid by the Government.