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CITY OF FORT SASKATCHEWAN
BYLAW CB-20
ASSESSMENT REVIEW BOARDS BYLAW
WHEREAS, pursuant to Part 11 of the Municipal Government Act, R.S.A. 2000, c.M-26 (the MGA),
Council must establish local and composite Assessment Review Boards;
NOW THEREFORE , the Council of the City of Fort Saskatchewan in the Province of Alberta, in open
meeting of Council, enacts as follows
This Bylaw may be cited as the City's "Assessment Review Boards Bylaw".
1.
PURPOSE
The purpose of this Bylaw is to establish Assessment Review Boards under Part 11 of the
MGA.
2.
DEFINITIONS
For the purposes of this Bylaw, the following words shall mean:
(a)
"Assessment Complaints Manager" means the assessment complaints designated
officer appointed by Council in accordance with Bylaw C7-20 to administer the Boards,
or their designate;
(b)
"Board" means Assessment Review Board, specifically either the Local Assessment
Review Board (LARB) or the Composite Assessment Review Board (CARB), and
includes a panel of either Board convened in accordance with the MGA;
(c)
"City" means the City of Fort Saskatchewan;
(d)
"Clerk" means the designated officer appointed by Council pursuant to section 456 of
the MGA;
(e)
"Complaint" means a complaint under Part 11 of the MGA;
(f)
"Composite Assessment Review Board" or "CARB" means the Board established
pursuant to this Bylaw having the jurisdiction to deal with the complaints arising from
the assessment of all properties other than those specifically identified as being within
the jurisdiction of a LARB property and such other matters as are set out in the MGA
as being within the jurisdiction of a CARB;
(g)
"Council" means the municipal Council of the City of Fort Saskatchewan;
(h)
"Local Assessment Review Board" or "LARB" means the Board established pursuant
to this Bylaw having the jurisdiction to deal with the complaints arising from the
assessment of residential property with three (3) or fewer dwelling units, farmland and
such other matters as are set out in the MGA as being within the jurisdiction of a LARB;
(i)
"Mayor" means the chief elected official of the City;
U)
"Member" means a Member of a Board duly appointed by Council or the Province of
Alberta and includes a Presiding Officer, or a Member which is filling a Vacancy;
Bylaw C8-20
Page 2
(k)
"Minister" means the Minister determined under Section 16 of Alberta's Government
Organization Act as the Minister responsible for the MGA;
(I)
"Presiding Officer" means a person chosen as Presiding Officer of a Board under
section 7 of this Bylaw, in accordance with Part 11 of the MGA;
(m)
"Provincial Member" means a Member appointed by the Minister to sit on a CARB;
(n)
"Vacancy" means an absence from a hearing due to;
(i)
direct or indirect interest in a matter before the Board, or
(ii)
an inability or refusal by a Member to continue to fulfill their obligation as a
Member.
3.
ESTABLISHMENT OF ASSESSMENT REVIEW BOARDS
(a)
Single person Boards for the City are hereby established.
(b)
Three person Boards for the City are hereby established.
4.
MEMBERSHIP
(a)
The Assessment Complaints Manager, in consultation with the City, must appoint at
least three Members from the list of individuals adopted by Council resolution to the
LARB.
(b)
The Assessment Complaints Manager, in consultation with the City, must appoint at
least two Members from the list of individuals adopted by Council resolution to the
CARB
(c)
A Member is authorized to fill a Vacancy for any Board.
(d)
Council may by resolution appoint other individuals as Members.
5.
TERM OF OFFICE
(a)
Members shall be appointed for a term of office for one year
(b)
Council may, by resolution , specify the dates of the beginning and end of the term of
office of a Member.
(c)
Council may, by resolution , appoint a Member for more than one term.
6.
VACANCIES
(a)
The Assessment Complaints Manager may appoint a Member to fill a Vacancy
Bylaw C8-20
Page 3
7.
PRESIDING OFFICER
(a)
The Assessment Complaints Manager will select one Member from those assigned to
hear a Complaint to serve as the Presiding Officer for LARS hearings
(b)
The Provincial Member will serve as the Presiding Officer for CARS hearings.
8.
DUTIES OF PRESIDING OFFICER
The Presiding Officer shall:
(i)
ensure that hearings are conducted fairly;
(ii)
prepare and sign written decisions and reasons for any hearings over which
the Presiding Officer presides;
(iii)
ensure that any dissenting opinions are prepared and signed by the Member
dissenting; and
(iv)
review and, whenever appropriate, approve any other documents the
Assessment Complaints Manager may prescribe from time to time for any
hearings over which the Presiding Officer presides.
9.
DUTIES OF THE ASSESSMENT COMPLAINTS MANAGER
The Assessment Complaints Manager shall
(i)
act as, and fulfil the obligations of, the chair for the purposes of Part 11 of the
MGA, and act as the chair at general meetings of the Members;
(ii)
act as the primary liaison between the Members, the Board, and Council;
(iii)
prepare a report for City for all Boards, which may include
(a)
recommendations
to
Council
for
new
appointments
or
reappointments; and
(b)
any other information or opinions requested or required by Council
from time to time;
(iv)
monitor hearings and recommend to the Members measures to improve the
fairness and efficiency of hearings; and
(v)
perform any other Board duties that Council may prescribe from time to time
10.
REMUNERATION AND EXPENSES
Council shall by resolution set the level of remuneration and rate of reimbursement for expenses
to be paid to Members.
11.
FILING FEE
The fees for filing each Complaint shall be as determined by the Matters Relating to Assessment
Complaints Regulation, Schedule 2, and subsequently approved annually by Council in the
City's Fees and Charges Bylaw as amended, repealed or replaced from time to time.
Bylaw CS-20
Page 4
12.
REFUND OF FILING FEE
The City shall refund any fee paid under Section 12 as required by the Matters Relating to
Assessment Complaints Regulation.
13.
SOLICITOR
An independent solicitor may be appointed by the Assessment Complaints Manager in
consultation with the City to advise the Boards about assessment review and related matters.
14.
NUMBER AND GENDER REFERENCES
All references in this Bylaw shall be read with such changes in number and gender as may be
appropriate according to whether the reference is to a male or female person, or a corporation
or partnership.
15.
SEVERABILITY
Each section of this Bylaw shall be read and construed as being separate and severable from
each other section.
Furthermore, should any section or part of this Bylaw be found to be
improperly enacted for any reason , then such section or part shall be regarded as severed from
the rest of the Bylaw and the Bylaw remaining after severance shall be effective and
enforceable.
16.
REPEAL OF BYLAW
Upon third reading of Bylaw CS-20, Bylaw C14-10 and any amendments thereto are hereby
repealed.
17.
EFFECTIVE DATE
This Bylaw becomes effective upon third and final reading .
READ a first time this
READ a second time this
11th
11th
READ a third time and finally passed this
11 th
day of
day of
day of
February
February
February
Date Signed February 12, 2020
A.O ., 2020
A.O., 2020
A.O. , 2020