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TOWN OF DRUMHELLER
BYLAW 20.21
Repeals Bylaw 08.11
BEING A BYLAW OF THE TOWN OF DRUMHELLER, IN THE PROVINCE OF ALBERTA, TO
ESTABLISH A JOINT ASSESSMENT REVIEW BOARD;
WHEREAS, Section 455 of the Municipal Government Act, permits two or more Councils to
jointly establish assessment review boards to have jurisdiction in their respective municipalities;
The City of Red Deer and the Partner Municipalities jointly wish to establish the Central Alberta
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 their
respective taxpayers of a Partner Municipality;
THEREFORE, the Council of the Town of Drumheller, in the province of Alberta enacts as
follows:
1. SHORT TITLE
This bylaw may be called the "Central Alberta Regional Assessment Review Board Bylaw".
2.
PURPOSE
2.1
The purpose of this bylaw is to establish a joint assessment review board that will enable
municipalities to provide a mechanism for citizens to appeal their property assessment and tax
notices.
3. DEFINITIONS
3.1
Except as otherwise provided herein, words in this Bylaw shall have the meanings
prescribed in section 453 of the Municipal Government Act (MGA).
3.2
In this bylaw, the following terms mean:
(a)
"Board" means the Central Alberta Regional Assessment Review Board;
(b)
"Composite Assessment Review Board" or "CARB" means the Composite
Assessment Review Board established in accordance with the MGA hears
complaints on assessment notices for property other than the property described
in section 3(2)(d) of this bylaw and section 460.1 of the MGA;
(c)
"Designated Officer of the Central Alberta Regional Assessment Review Board
(Designated Officer)" means the person appointed to carry out the duties and
functions of the clerk of the assessment review boards in accordance with
section 456 of the MGA;
(d)
"Local Assessment Review Board" or "LARB" means the Local Assessment
Review Board established in accordance with the MGA who hears complaints
about assessment notices for:
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i.
residential property with 3 or fewer dwelling units, or
ii.
farm land, or
a tax notice other than a property tax notice, business tax notice or improvement tax
notice;
(e)
"Member" means a member of the Central Alberta Regional Assessment Review
Board;
(f)
"Minister" means the Minister determined by the Province to be responsible for
the MGA;
(g)
"Partner Municipality" means a municipality who enters into an agreement with
The City of Red Deer to jointly establish the Central Alberta Regional
Assessment Review Board and who enacts a bylaw substantially in the form of
this bylaw, as well as The City of Red Deer;
(h)
"Provincial Member" means a person appointed as a provincial member to a
CARB by the Minister.
4. PARTNER MUNICIPALITIES
4.1
The Partner Municipalities, which includes The City of Red Deer, hereby jointly establish
the Central Alberta Regional Assessment Review Board to exercise the functions of a
Local Assessment Review Board and the functions of a Composite Assessment Review
Board to have jurisdiction in their municipalities and those of the Partner Municipalities.
4.2
Each Partner Municipality is responsible for establishing filing fees and administering
policies in respect of refunding filing fees in accordance with the Municipal Government
Act and the Matters Relating to Assessment Complaints Regulation.
5. REGIONAL BOARD REVIEW COMMITTEE
5.1
The Regional Board Review Committee is established and will consist of 5 Administrators
who volunteer from the Partner Municipalities.
5.2
The term for Regional Board Review Committee volunteers is one year.
5.3
The Regional Board Review Committee may establish their own procedures to carry out
their function, but in doing so, they shall have due regard for procedural fairness.
5.4
The Regional Board Review Committee:
a)
reviews applications from persons applying to be Members and makes
recommendations to the Designated Officer concerning the appointment of
Members from the applicants; and
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Bylaw 20.21
Page 3 of 7
b)
may make recommendations to the Designated Officer concerning the revocation
of appointment of a Member.
6. APPOINTMENT OF BOARD MEMBERS
6.1
The Designated Officer shall appoint not more than 20 citizens-at-large to be Members of
the Board.
6.2
The total number of Members appointed shall be determined by the Designated Officer.
7. ESTABLISHMENT OF BOARDS
7.1
The following joint Central Alberta Regional Assessment Review Boards are established:
(a)
a LARB that hears complaints referred to in section 460.1(1) of the MGA; and
(b)
a CARB that hears complaints referred to in section 460.1(2) of the MGA.
8. JURISDICTION OF THE BOARD
8.1
The Boards shall have jurisdiction to exercise the functions of a Local Assessment
Review Board and the functions of a Composite Assessment Review Board under the
provisions of the MGA in respect of assessment complaints made by taxpayers of a
Partner Municipality.
9. TERMS OF APPOINTMENT
9.1
Unless otherwise stated in their appointment letters, all Members are appointed for
three-year terms.
9.2
If a vacancy on the Board occurs at any time the Regional Board Review Committee
may recommend the appointment of a new person to fill the vacancy for the remainder of
that term.
9.3
A Member may be re-appointed to the Board at the expiration of his/her term.
9.4
A Member may resign from the Board at any time on written notice to the Designated
Officer to that effect.
9.5
The Designated Officer may remove a Member for cause or misconduct, or on the
recommendation of the Regional Board Review Committee.
9.6
Upon being appointed, the Member must successfully complete the training as
prescribed by the Minister prior to participating in a hearing.
10. REGIONAL ADVISORY GROUP
10.1
Members will elect from among themselves a Regional Advisory Group consisting of up
to 4 members, and comprised of one Advisory Group Chair and up to 3 Vice Chairs.
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10.2
The Regional Advisory Group will report to the Designated Officer on all matters
affecting the Board and will:
(a)
assist the Designated Officer in developing policies governing hearings, conduct
of Members, and other Board matters;
(b)
evaluate Member performance to identify areas where additional training may be
required and prepare reports regarding performance and re-appointment of
Members;
(c)
ensure other Members are provided mentoring; and
(d)
act as a liaison between the Members and the Designated Officer.
10.3
The duties of the Regional Advisory Group Chair include:
(a)
chairing meetings of the Regional Advisory Group;
(b)
establishing agendas for the Regional Advisory Group meetings in consultation
with the Designated Officer;
(c)
liaising with the Designated Officer, Councils, and Partner Municipalities on
behalf of the Board;
(d)
appointing a Regional Advisory Group member as Acting Chair of the Regional
Advisory Group;
(e)
signing correspondence on behalf of the Regional Advisory Group.
10.4
If the Regional Advisory Group Chair ceases to be a Member or is unable or unwilling to
fulfil the Chair's duties, the Designated Officer may appoint one of the Vice Chairs to
serve as Acting Chair until the Chair resumes the Chair's duties or the Members elect a
new Chair.
11. DESIGNATED OFFICER OF THE CENTRAL ALBERTA REGIONAL ASSESSMENT
REVIEW BOARD
11.1
Assessment Review Board to carry out the duties and functions of the Assessment
Review Board Clerk is established.
11.2
The Town of Drumheller jointly appoints The City of Red Deer Legislative Services
Manager as the Assessment Review Board Clerk of the Central Alberta Regional
Assessment Review Board.
11.3
The salary of the Designated Officer will be made routinely available in the City of Red
Deer annual Financial Statements.
11.4
The Designated Officer is authorized to enter into agreements on behalf of the Board
with other non-partner municipalities to provide Assessment Review Board Services.
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11.5
The Designated Officer:
(a)
shall assist the Board in fulfilling its mandate;
(b)
may delegate to an employee, the duties and functions of the Assessment
Review Board Clerk provided they have successfully completed the training as
prescribed by the Minister;
(c)
shall consult with the Regional Advisory Group to set policies, procedures and
directives governing hearing processes, Member conduct and other Board
matters;
(d)
shall consult with the Regional Advisory Group and Members on matters
affecting the Boards;
(e)
shall issue instructions to independent legal counsel for the Boards when
required
(f)
may, at the request of a Presiding Officer of a panel of the Board sign orders,
decisions and documents issued by the Board;
(g)
may, at the request of the Chair of the Regional Advisory Group, sign documents
issued by the Regional Advisory Group;
(h)
may set fees payable for persons to obtain copies of the Board's decisions and
documents.
12. HEARINGS
12.1
Hearings will be held at such time and place as determined by the Designated Officer.
12.2
The proceedings 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 and section 464.1 of the MGA.
13. COMMENCEMENT OF COMPLAINTS
13.1
In accordance with the MGA, a taxpayer may commence an assessment complaint 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', Alberta Regulation 201/2017 (Regulations) and within the time limits
specified in the MGA; and
(b)
paying the applicable fee.
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14.
RULES OF ORDER
14.1
The Board will conduct hearings in accordance with:
(a)
the provisions of the MGA and related regulations;
(b)
principles of natural justice and procedural fairness; and
(c)
its policies and procedures.
15.
NOTICE OF DECISIONS & RECORD OF HEARING
15.1
After the hearing of a complaint, the Designated Officer shall:
(a)
under direction of the Presiding Officer, assist with the preparation of 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 and Regulations.
15.2
The Designated Officer will maintain a Record of Hearing in accordance with the MGA
and the Regulations.
16.
DELEGATION OF AUTHORITY
16.1
In accordance with its authority under MGA, Council hereby delegates to the Designated
Officer the authority to:
(a)
appoint members to the Central Alberta Regional Assessment Review Board;
(b)
jointly prescribe the remuneration and expenses payable to each Member of the
Board;
(c)
jointly appoint a Member as the Chair of the LARB and the CARB and prescribe
the term of office and the remuneration and expenses, if any, payable to the
Chair; and
(d)
set fees payable by persons wishing to be involved as a party or intervenor in a
hearing before an assessment review board and for obtaining copies of an
assessment review board's decisions and other documents.
17.
REIMBURSEMENT OF COSTS
17.1
The City of Red Deer shall pay for the administrative costs associated with the operation
of the Board as set out in the agreement with the City of Red Deer.
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18. TRANSITIONAL
18.1
Bylaw 08.11 is hereby repealed
18.2
Bylaw 20.21 comes into full force after third reading.
READ A FIRST TIME THIS 7th DAY OF SEPTEMBER, 2021
READ A SECOND TIME THIS 7th DAY OF SEPTEMBER, 2021
UNANIMOUS CONSENT TO THIRD READING
READ A THIRD TIME AND PASSED THIS 7th DAY OF SEPTEMBER, 2021
The original document, duly signed and executed, is retained on file.