BILL 69

An Act Respecting the Assessment and Planning Appeal Board Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Assessment Act

1(1) Section 1 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended

(a) by repealing the definition "Board" and substituting the following:

"Board" means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act;

(b) by repealing the definition "Chairman" and substituting the following:

"Chairperson" means the Chairperson of the Board;

(c) by repealing the definition "Vice-Chairman" and substituting the following:

"Vice-Chairperson" means a Vice-Chairperson of the Board.

1(2) Subsection 12.2(1) of the Act is amended in the definition "assessor" by striking out "a Board" and substituting "the Board".

1(3) Subsection 25(4) of the Act is amended by striking out "a Board" and substituting "the Board".

1(4) The heading "APPEALS TO REGIONAL ASSESSMENT REVIEW BOARDS" preceding section 27 of the Act is repealed and the following is substituted:

APPEALS TO THE ASSESSMENT AND PLANNING APPEAL BOARD

1(5) Subsection 27(1) of the French version of the Act is amended by striking out "commission" and substituting "Commission".

1(6) Section 28 of the French version of the Act is amended by striking out "commission" and substituting "Commission".

1(7) Section 29 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

29(1) An appeal to the Board shall be instituted by serving on the Chairperson a notice of appeal on a form provided by the Director.

(b) in subsection (1.2) of the English version by striking out "Chairman" wherever it appears and substituting "Chairperson".

1(8) Section 29.1 of the English version of the Act is amended by striking out "Chairman" and "Chairman's" wherever they appear and substituting "Chairperson" and "Chairperson's" respectively.

1(9) The Act is amended by adding after section 29.1 the following:

29.2 The Board has the authority to hear and determine all questions of fact and may deal with any dispute as to any matter included within the provisions of this Act not already provided for in the Act or in the regulations.

1(10) Section 31 of the Act is repealed.

1(11) Section 32 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

32(1) The practice and procedure of the Board for appeals commenced under this Act shall be established by regulation.

(b) in subsection (2) by striking out "A Board" and substituting "The Board";

(c) in subsection (3) by striking out "a Board" and substituting "the Board";

(d) in subsection (4) by striking out "a Board" and substituting "the Board";

(e) in subsection (6)

(i) in the English version by striking out "a Board" and substituting "the Board";

(ii) in the French version by striking out "une commission" and "la commission" and substituting "la Commission" and "la Commission" respectively;

(f) in subsection (7) by striking out "a Board" and substituting "the Board";

(g) in subsection (8) by striking out "a Board" and substituting "the Board".

1(12) Section 33 of the Act is amended

(a) in subsection (1) by striking out "A Board" and substituting "The Board";

(b) in paragraph (2)c) of the French version by striking out "commission" and substituting "Commission".

1(13) Section 34 of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out "A Board" and substituting "The Board";

(ii) in paragraph d) of the French version by striking out "commission" and substituting "Commission";

(b) by repealing subsection (2).

1(14) Section 35 of the Act is repealed.

1(15) Section 36 of the Act is amended

(a) in the English version by striking out "a Board" and substituting "the Board";

(b) in the French version by striking out "d'une commission" and "la commission" and substituting "de la Commission" and "la Commission" respectively.

1(16) Section 37 of the Act is amended

(a) in subsection (1) by striking out "a Board" and substituting "the Board";

(b) by repealing subsection (2) and substituting the following:

37(2) An appeal under subsection (1) shall be made by Notice of Application which shall be served by the party appealing, in accordance with the Rules of Court, on the Board and on the other parties within thirty days of the mailing of the Board's decision under subsection 14(2) of the Assessment and Planning Appeal Board Act.

(c) in subsection (3) of the French version by striking out "commission" wherever it appears and substituting "Commission";

(d) in subsection (4) of the French version by striking out "commission" and substituting "Commission";

(e) in subsection (6) of the French version by striking out "commission" and substituting "Commission".

1(17) Subsection 40(1) of the Act is amended

(a) by repealing paragraph (a.4);

(b) by repealing paragraph (c) and substituting the following:

(c) respecting the practice and procedure of the Board for appeals commenced under this Act;

(c) in paragraph (c.1) of the English version by striking out "Chairman" and substituting "Chairperson".

2(1) Section 2 of New Brunswick Regulation 84-6 under the Assessment Act is amended

(a) in the definition "Act" by striking out the semicolon at the end of the definition and substituting a period;

(b) by repealing the definition "Board";

(c) by repealing the definition "Chairman".

2(2) Section 8 of the Regulation is amended by striking out "a Board" and substituting "the Board".

2(3) Section 11 of the Regulation is amended by striking out "a Board" and substituting "the Board".

2(4) The heading "PRACTICE AND PROCEDURE BEFORE A REGIONAL ASSESSMENT REVIEW BOARD" preceding section 12 of the Regulation is repealed and the following is substituted:

PRACTICE AND PROCEDURE OF THE ASSESSMENT AND PLANNING APPEAL BOARD

2(5) Subsection 12(1) of the Regulation is repealed and the following is substituted:

12(1) Not later than the thirtieth day of June in each year, the Chairperson shall fix a date for the Board to consider an appeal where a notice of appeal has been served in accordance with sections 27 to 29.1 of the Act and the Board shall cause a notice of hearing to be served upon the party appealing, the Director and the municipality or other taxing authority in which the real property is located and where the appeal is by a person other than the owner or by a municipality or other taxing authority, upon the person in whose name the real property is assessed.

2(6) Section 13 of the Regulation is amended

(a) in subsection (1) of the English version by striking out "Chairman" and substituting "Chairperson";

(b) in subsection (2) of the English version by striking out "Chairman" and substituting "Chairperson";

(c) in subsection (3) of the English version by striking out "Chairman" and substituting "Chairperson";

(d) by repealing subsection (4) and substituting the following:

13(4) Where a party to an appeal fails to file the written submissions ordered to be filed under subsection (1) or (2) within the time specified by the Chairperson, the Board may proceed to dispose of the appeal without reference to the written submissions.

2(7) Section 14 of the English version of the Regulation is amended by striking out "Chairman" wherever it appears and substituting "Chairperson".

2(8) Section 15 of the Regulation is repealed.

2(9) Section 17 of the Regulation is repealed and the following is substituted:

17 There shall be no fees payable to the Board and no costs in the cause.

2(10) Section 18 of the Regulation is amended

(a) in subsection (1) by striking out "a Board" and substituting "the Board";

(b) in subsection (2)

(i) in the English version by striking out "a Board" and substituting "the Board";

(ii) in the French version by striking out "Lorsqu'une commission" and substituting "Lorsque la Commission".

2(11) Section 19 of the Regulation is amended by striking out "a Board" and substituting "the Board".

2(12) Subsection 20(3) of the Regulation is amended by striking out "a Board" and substituting "the Board".

2(13) Section 21 of the Regulation is amended by striking out "a Board" and substituting "the Board".

2(14) Section 22 of the Regulation is repealed and the following is substituted:

22 The decision of the Board shall be entered by the Chairperson in a book to be kept for that purpose.

2(15) Section 23 of the Regulation is amended by striking out "a Board" and substituting "the Board".

2(16) Section 24 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

24(1) At the hearing of an appeal before the Board, the Chairperson may order an exchange of valuations on which the parties to the appeal intend to rely in establishing the real and true value of the real property in respect of which the appeal is taken.

(b) in subsection (3) of the English version in the portion preceding paragraph (a) by striking out "Chairman" and substituting "Chairperson";

(c) in subsection (4) of the English version by striking out "Chairman" wherever it appears and substituting "Chairperson";

(d) in subsection (5) of the English version by striking out "Chairman" wherever it appears and substituting "Chairperson";

(e) in subsection (6) of the English version in the portion preceding paragraph (a) by striking out "Chairman" and substituting "Chairperson";

(f) by repealing subsection (7) and substituting the following:

24(7) A valuation exchanged under this section shall be provided to the Chairperson and the panel hearing the appeal prior to the hearing.

(g) in subsection (8) of the English version by striking out "Chairman" wherever it appears and substituting "Chairperson".

2(17) Section 25 of the Regulation is amended

(a) in subsection (1) by striking out "paragraph 30(a)" and substituting "subsection 29.1(1)";

(b) by repealing subsection (2) and substituting the following:

25(2) Where, at any time during the hearing of an appeal, it is established, after examining the notice of appeal or any other document filed with the Board, or on any other evidence presented, that the party appealing has failed to comply with section 27, 28, 29 or 29.1 of the Act, the appeal shall be dismissed and all parties to the appeal shall be notified in writing.

3 New Brunswick Regulation 97-8 under the Assessment Act is repealed.

Community Planning Act

4(1) Section 1 of the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is amended by repealing the definition "Board" and substituting the following:

"Board" means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act;

4(2) Paragraph 2(j) of the Act is repealed.

4(3) The heading "PROVINCIAL PLANNING APPEAL BOARD" preceding section 84 of the Act is repealed and the following is substituted:

APPEALS TO THE ASSESSMENT AND PLANNING APPEAL BOARD

4(4) Section 84 of the Act is repealed.

4(5) Section 85 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2);

(c) by repealing subsection (3);

(d) by repealing subsection (4) and substituting the following:

85(4) After consultation with the Board, the Lieutenant-Governor in Council may make regulations establishing the procedure of the Board respecting appeals commenced under this Act.

4(6) Section 85.1 of the Act is repealed.

4(7) Subsection 87(5) of the Act is amended by striking out "subsection 88(2)" and substituting "subsection 14(2) of the Assessment and Planning Appeal Board Act".

4(8) Subsection 88(2) of the Act is repealed.

4(9) Subsection 89(1) of the Act is repealed and the following is substituted:

89(1) The Board may authorize any person to make an inquiry relating to any matter pending before it under this Act and, for such purpose, to enter upon and inspect any land, building or structure.

4(10) Section 90 of the Act is repealed.

5(1) Section 1 of New Brunswick Regulation 84-59 under the Community Planning Act is repealed and the following is substituted:

1 This Regulation may be cited as the Assessment and Planning Appeal Board Regulation - Community Planning Act.

5(2) Section 2 of the Regulation is amended

(a) by repealing the definition "Board";

(b) by adding the following definition in alphabetical order:

"Chairperson" means the Chairperson of the Board.

(c) in the French version in the definition Ğloiğ by striking out the period at the end of the definition and substituting a semicolon.

5(3) Subsection 3(1) of the English version of the Regulation is amended by striking out "Chairman" and substituting "Chairperson".

5(4) Form 1 of the Regulation is amended

(a) by striking out "(Provincial Planning Appeal Board Regulation - Community Planning Act, s.2(1))" and substituting "(Assessment and Planning Appeal Board Regulation - Community Planning Act, s.3(1))";

(b) by striking out "TO THE PROVINCIAL PLANNING APPEAL BOARD" and substituting "TO THE ASSESSMENT AND PLANNING APPEAL BOARD".

5(5) Form 2 of the Regulation is amended

(a) by striking out "(Provincial Planning Appeal Board Regulation - Community Planning Act, s.2(2))" and substituting "(Assessment and Planning Appeal Board Regulation - Community Planning Act, s.3(2))";

(b) by striking out "TO THE PROVINCIAL PLANNING APPEAL BOARD" and substituting "TO THE ASSESSMENT AND PLANNING APPEAL BOARD".

Municipal Heritage Preservation Act

6(1) Section 1 of the Municipal Heritage Preservation Act, chapter M-21.1 of the Acts of New Brunswick, 1978, is amended by repealing the definition "Appeal Board" and substituting the following:

"Appeal Board" means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act;

6(2) Section 14 of the Act is amended

(a) in subsection (2) by striking out "Community Planning Act" and substituting "Assessment and Planning Appeal Board Act and the Community Planning Act";

(b) by repealing subsection (3) and substituting the following:

14(3) A decision under subsection 15(1) shall be made or an appeal heard by the panel established under section 6 of the Assessment and Planning Appeal Board Act for the region in which the appeal is lodged.

(c) by repealing subsection (4);

(d) by repealing subsection (5);

(e) by repealing subsection (6) and substituting the following:

14(6) The practice and procedure of the Appeal Board as established by the Assessment and Planning Appeal Board Act and by the Lieutenant-Governor in Council under the Community Planning Act apply to appeals under this Act with the necessary modifications.

(f) by repealing subsection (7).

6(3) Subsection 15(4) of the Act is repealed.

Commencement

7 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.