Regional Assessment Review Board 06.21 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 3e04cb33d6c3 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## VILLAGE OF BITTERN LAKE Bylaw # 06/21 ## Regional Assessment Review Board - WHEREAS Section 454 of the Municipal Government Act, RSA 2000 Chapter M-26, and amendments thereto, provides that a Council must by bylaw establish a local assessment review board (LARB) and s composite assessment review board (CARB); and - WHEREAS Section 455(1) of the Municipal Government Act permits two or more Councils to jointly establish a local assessment review board or a composite assessment review board, or both to have jurisdiction in their respective municipalities; and - WHEREAS · Camrose County and the Regional Partner Municipalities jointly wish to establish a Regional Assessment Review Board to exercise the functions of a Local Assessment Review Board (LARB) and the functions of a Composite Assessment Review Board (CARB) under the provisions of the Municipal Government Act in respect of assessment complaints made by taxpayers of a Regional Partner Municipality; and - WHEREAS Regional Partner Municipalities will pay for the costs associated with the establishment, training and operations of the Regional Assessment Review Board and each Regional Partner Municipality will share, on a per capita basis, the costs and training related to the Clerk and Board Members and each respective Regional Partner Municipality will bear the full costs relative to any appeals or hosting of their own jurisdictional Hearings and pay to Camrose County the member fees in respect of their portions of those costs. THEREFORE, Council of the Village of Bittern Lake enacts as follows: ## Short Title - 1 The short title of this Bylaw shall be the "Regional Assessment Review Board Bylaw". ## Definitions - 2 (1) Except as otherwise provided herein, words in this Bylaw shall have the meanings prescribed in section 453 of the MGA. - (2) In this bylaw the following terms shall have the meanings shown: - (a) "Board" means the Regional Assessment Review Board; - (b) "CARB" means the Composite Assessment Review Board established in accordance with the 'Matters Relating to Assessment Complaints' regulation;  ## VILLAGE OF BITTERN LAKE ## Bylaw # 06/21 ## Regional Assessment Review Board - (c) "Chair" means a member of the Assessment Review Board designated as a chair under Section 455(2) - (d) "Citizen-at-large" means a person who does not represent a specific organization; - (e) "Designated Officer" means the person appointed to carry out the duties and functions of the clerk of the assessment review board as required under section 456 of the Municipal Government Act; - (f) "Elected Official" means a Councillor duly elected by the electors of a respective municipality in compliance with the rules and regulations of the Local Authorities Election Act; - (g) "Hearing" means the act of hosting a formal meeting by an officially constituted body to listen to evidence and pleadings initiated by a complainant; - (h) "LARB" means the Local Assessment Review Board established in accordance with the Matters Relating to Assessment Complaints' regulation; - (i) "Member" means a member of the Regional Assessment Review Board; - "MGA" means the Municipal Government Act of Alberta, RSA 2000, Ch. M-26, as amended and Regulations passed under that Act; - (k) "Provincial Member" means a Composite Assessment Review Board member appointed by the Minister; - "Regional Partner Municipality" means those municipalities who enter into an agreement with Camrose County to jointly establish a Regional Assessment Review Board and who enact a bylaw substantially in the form of this bylaw. ## Establishment of Boards - 3 (1) The Local assessment Review Board is hereby established, and all matters shall be heard through the Regional Assessment Review Board. - (2) The Composite Assessment Review Board is hereby established, and all matters shall be heard through the Regional Assessment review Board.  ## Appointment of Board Members ## VILLAGE OF BITTERN LAKE ## Bylaw # 06/21 ## Regional Assessment Review Board - 4 (1) The Board shall consist of 8 members who shall be Citizens-at-Large or Elected Officials appointed by the respective Regional Partner Municipalities. - (2) Councils of the Regional Municipalities shall jointly appoint qualified members to the Board as required. - (3) Annually Councils will jointly appoint a Chair for the LARB and CARB. - (4) In addition, when sitting as the CARB, the Board shall include the provincial member appointed by the Minister. - (5) Each Town and Village must submit the name of one eligible person whereas the County must submit two eligible persons. ## Terms of Appointment - 5 (1) Unless otherwise stated, all Members are appointed for three-year terms upon successful completion of the required training as provided for in the regulations. - (2) The Municipality will be responsible for training costs of a new member should a vacancy occur in any portion of a term. - (3) If a vacancy on the Board occurs at any time the Regional Partner Municipality must submit the name of a new person to fill the vacancy for the remainder of that term. - (4) A Member may be re-appointed to the Board at the expiration of his/her term. - (5) A Member may resign from the Board at any time on written notice to the Designated Officer, and the member Municipality, to that effect. - (6) The Camrose County Regional Partner Municipalities may remove a Member at any time on the recommendation of the Designated Officer. ## Panels of the Board - 6 (1) The Board shall sit in panels to hear assessment complaints as the nature of the complaint may permit or require, such panels to consist of: - (a) three persons selected by the Chair from the Board Members when the panel is acting as a Local Assessment Review Board; or - (b) two persons selected by the Chair from the Board Members plus one person appointed by the Minister when the panel is acting as a Composite Assessment Review Board; or  ## Presiding Officer - 7 (1) The presiding officer of a panel: - (a) will preside over and be responsible for the conduct of meetings; - (b) may limit a submission if it is determined to be repetitious or in any manner inappropriate; and - (c) will vote on matters submitted to the panel unless otherwise disqualified. ## Jurisdiction of the Board - 8 The Board shall have jurisdiction to exercise the functions of a Local Assessment Review Board (LARB) and the functions of a Composite Assessment Review Board (CARB) under the provisions of the Municipal Government Act in respect of assessment complaints made by taxpayers of a Regional Partner Municipality. ## Designated Officer of the Board - 9 (1) The Designated Officer of the Board shall be the County Administrator or designate as appointed by Camrose County. ## VILLAGE OF BITTERN LAKE ## Bylaw # 06/21 ## Regional Assessment Review Board - (c) a single member selected by the Chair when the Board is acting as a Single Member Local Assessment Review Board or a Single Member Individual Composite Assessment Review Board. Appointed by the Minister. - (d) where possible, the Chair shall include on a 3 person panel a member who is from the municipality under whose jurisdiction the complaint arises. - (e) No more than one Councillor will be appointed to a panel, unless authorized by the Minister (s. 454.21(3)) - (2) Each panel shall choose the presiding officer among themselves, provided however that: - (a) the provincial member must be the presiding officer of a panel sitting as the Composite Assessment Review Board; and - (b) the provincial member must be the sole member of a panel sitting as a Single Member Composite Assessment Review Board.  ## Meetings ## VILLAGE OF BITTERN LAKE ## Bylaw # 06/21 ## Regional Assessment Review Board - (2) The Designated Officer shall: 2. (a) shall assist the Board in fulfilling its mandate; 3. (b) Prescribe the remuneration and expenses payable to each member of the Assessment Review Board; and 4. Perform those duties as delegated by the Councils of the member municipalities as per Section 19.1 of this By-law. 5. 10 (1) Meetings will be held at such time and place as determined by the Board. - (2) The proceedings and deliberations of the Board must be conducted in public except where the Board deals with information protected from disclosure under the provisions of the Freedom of Information and Protection of Privacy Act. ## Remuneration - 11 (1) Board Members shall receive honorariums for adjudicating at formally scheduled Hearings or taking appropriate training. Honorariums shall be awarded as prescribed in the Camrose County Fee for Service By-law. - (2) Board Members and the Designated Officer shall receive compensation for travel based on the most current published Camrose County rates, for performing adjudication duties or taking appropriate training. - (3) Board Members and the Designated Officer shall receive reimbursement for meals incurred while performing adjudication duties or taking appropriate training. A reasonable meal allowance will be offered and will most often be authorized and organized by the Designated Officer. Guidance to limitations can be derived from the most current published Camrose County Expense Allowances and Mileage Policy. - (4) Board Members and the Designated Officer shall receive reimbursement for any lodging accommodations required while performing adjudication duties or taking appropriate training, as per the most current published Camrose County Expense Allowances and Mileage Policy. - (5) Provincial Members shall receive reimbursement for all expenses incurred and at the rates prescribed by the Province. ## Quorum and Voting - 12 (1) The quorum for panels of the Board shall be as established by the MGA, namely:  ## Pecuniary Interest - 14 (1) The pecuniary interest provisions of the MGA apply to all Members of the Board while attending meetings of the Board, as though they were councilors attending meetings of council. ## VILLAGE OF BITTERN LAKE ## Bylaw # 06/21 Regional Assessment Review Board - Where a panel of a local assessment review board consists of 3 members, a quorum is 2 members: and - (ii) Where a panel of a composite assessment review board consists of 3 members, a quorum of 2 members, one of whom must be the provincial member. - (2) All Members must vote on all matters before the Board unless a pecuniary interest or a conflict of interest is declared. - (3) The majority vote of those Members present and voting constitutes the decision of the Board. - (4) Where a member of a panel absents himself or herself from the proceedings due to a conflict of interest or a pecuniary interest, the Chair shall appoint a replacement member of the panel. ## Conflict of Interest - 13 (1) Where a member of the Board is of the opinion that he or she has a conflict of interest in respect of a matter before the Board, the member may absent himself or herself from board proceedings while that matter is being discussed, provided that prior to leaving the meeting, the member: - (a) declares that he or she has a conflict of interest; and - (b) describes in general terms the nature of the conflict of interest. - (2) The Designated Officer shall cause a record to be made in the Minutes of the members' absence and the reasons for it. - (3) For the purposes of this provision, a member has a conflict of interest in a respect of a matter before the Board when he or she is of the opinion that: - (a) he or she has a personal interest in the matter which would conflict with his or her obligation as a member to fairly consider the issue; or - (b) substantial doubt as to the ethical integrity of the member would be raised in the minds of a reasonable observer if that member were to participate in the consideration of that matter.  ## VILLAGE OF BITTERN LAKE ## Bylaw # 06/21 Regional Assessment Review Board - (2) A Board member who fails to declare a pecuniary interest in a matter before the Board, or fails to absent himself or herself from proceedings dealing with such a matter, ceases to be a member of the Board. ## Commencement of Appeals - 15 (1) A taxpayer may commence an assessment appeal by: - (a) mailing or delivering to the address specified on the assessment or tax notice a complaint in the form set out in the Matters Relating to Assessment Complaints' regulation and within the time specified in the MGA; and - (b) paying the applicable fee. - 16 The Board shall make its own procedural rules, having due regard for the principles of procedural fairness. ## Rules of Order ## Adjournments - 17 (1) Except in exceptional circumstances as determined by the Board, the Board may not grant postponement or adjournment of a hearing. - (2) A request for a postponement or an adjournment must be in writing and contain reasons for the postponement or adjournment, as the case may be. - (3) Subject to the timelines specified in Section 468 of the MGA, if the Board grants a postponement or adjournment of a hearing, the Board must schedule the date, time, and location for the Hearing at the time the postponement or adjournment is granted. ## Notice of Decisions & Record of Hearing - 18 (1) After the hearing of a complaint, the Designated Officer shall:  ## VILLAGE OF BITTERN LAKE ## Bylaw # 06/21 ## Regional Assessment Review Board - (a) under direction of the presiding officer, prepare Minutes of the hearing, the decision or order of the board and the reasons for the decision in compliance with the MGA; and - (b) arrange for the order or decision of the Board to be signed; and distributed in accordance with the requirements under the MGA. - (2) The Designated Officer will maintain a record of the hearing. ## Delegation of Authority - 19 In accordance with its authority under MGA section 203(1) to delegate power, Council hereby delegates: - (a) its authority to appoint members of the Regional Assessment Review Board to hear and decide on issues relative to assessment complaints to the Designated Officer ## Reimbursement of Costs - 20 Camrose County shall pay for the administrative costs associated with the operation of the Regional Assessment Review Board. Recovery of costs from Regional Partner Municipalities will be as set out in the agreements established. ## Severability - 21 If any portion of this by-law is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the by-law is deemed valid. ## Repeal - 22 Any and all previous Bylaws conflicting with this current Bylaw, are repealed. ## In Force This by-law shall come into full force and effect on the day that it is finally passed by Council by giving it third and final reading and it is signed in accordance with the MGA.  ## VILLAGE OF BITTERN LAKE Bylaw # 06/21 ## Regional Assessment Review Board * CAO, Jill Tinson +       RECEIVED FIRST READING THIS 15th DAY OF September, A.D. 2021 IN THE VILLAGE OF BITTERN LAKE, IN THE PROVINCE OF ALBERTA. Mayor Earl Debnam CAO, Jill Tinson- - 171 RECEIVED SECOND READING THIZE 15th DAY OF September, A.D. 2020 IN THE VILLAGE OF BITTERN LAKE, IN THE PROVINCE OF ALBERTA. * Mayor Earl-Debnam * * CAO, Jill. Tinson RECEIVED THIRD AND FINAL READING THIS 15th DAY OF September, A.D. 2021 IN THE VILLAGE OF BITTERN LAKE, IN THE PROVINCE OF ALBERTA. * * * * * Mayor Earl Debnam