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4th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 24

THE REAL PROPERTY VALUATION BOARD AND RELATED AMENDMENTS ACT


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

DEFINITIONS

Definitions

1

The following definitions apply in this Act.

"board" means the Real Property Valuation Board established by section 2. (« Commission »)

"board member" means a member of the board appointed under section 4. (English only version)

"designated Act" means any of the following Acts and includes their regulations:

(a) The Expropriation Act;

(b) The Land Acquisition Act;

(c) The Municipal Assessment Act;

(d) The Surface Rights Act. (« loi désignée »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"panel" means a panel of the board. (« comité »)

PART 2

MANDATE AND ORGANIZATION

ESTABLISHMENT OF BOARD AND MANDATE

Real Property Valuation Board established

2

The Real Property Valuation Board is hereby established, consisting of the members appointed under this Act.

Mandate

3

The mandate of the board is

(a) to hear and decide applications and appeals under designated Acts, in particular

(i) applications for a determination of compensation under section 15 of The Expropriation Act,

(ii) applications for a determination of compensation under section 14 of The Land Acquisition Act,

(iii) appeals under subsection 56(2) of The Municipal Assessment Act from an order of a board of revision, and

(iv) applications under The Surface Rights Act; and

(b) to perform any other duties or functions assigned to the board by or under a designated Act.

ORGANIZATION

Composition of board

4(1)

The board is to consist of at least five board members, all of whom are to be appointed by the Lieutenant Governor in Council.

Member qualifications

4(2)

In appointing board members, regard is to be had to the range of expertise and experience required for the board to carry out its responsibilities effectively.

Term of office

4(3)

A board member is to be appointed for a term of not more than three years and no board member may serve more than 12 consecutive years.

Terms to be staggered

4(4)

When appointing a board member and establishing the board member's term of office, the Lieutenant Governor in Council is to have regard to the need to ensure that the terms of office of not more than half of the board members expire in any one year.

Appointment continues

4(5)

A board member continues to hold office until they are re-appointed, the appointment is revoked or a successor is appointed.

Remuneration

5(1)

Each board member is to be paid the remuneration fixed by the Lieutenant Governor in Council.

Reimbursement of expenses

5(2)

In addition to the remuneration payable under subsection (1), each board member may be reimbursed for their travel and out-of-pocket expenses necessarily incurred in the discharge of their obligations as a board member.

Chair and vice-chairs

6(1)

The chair and one or more vice-chairs of the board are to be designated by the Lieutenant Governor in Council.

Function of chair

6(2)

The chair has the general supervision of the operations of the board.

Function of vice-chair

6(3)

The vice-chair must perform the functions of the chair on request of the chair, if the office of chair is vacant or if the chair is absent or unable to act.

More than one vice-chair

6(4)

If the board has more than one vice-chair, the chair may request any of them to perform some or all functions of the chair.

Conflict of interest policy

7

The board must develop, in consultation with the minister, a conflict of interest policy governing its members.

EMPLOYEES AND SUPPORT

Employees

8

Any employees required to enable the board to carry out its responsibilities may be appointed under Part 3 of The Public Service Act.

Technical advisers

9

With the consent of the minister, the board may engage one or more experts or persons with special knowledge or expertise in a matter before the board to

(a) inquire into a matter and report to the board; or

(b) assist the board in an advisory capacity.

PANELS AND QUORUM

Board may sit in panels

10(1)

The chair may designate any three or more board members as a panel to hear a matter in accordance with this Act.

Presiding member

10(2)

When designating a panel, the chair must designate one of the panel members as the presiding member of the panel.

Panel has powers of board

10(3)

In relation to the hearing of a matter in accordance with this Act, a panel has the powers of the board as a whole.

Decision of panel

10(4)

A decision of a majority of the members of a panel is a decision of the board.

Quorum

11

A majority of the board members constitute a quorum of the board and a majority of the members of a panel constitute a quorum of the panel.

Continuation of hearing

12

If the board or a panel has commenced a hearing into a matter and a board member or panel member dies, resigns or otherwise becomes incapable of acting, the remaining members of the board or panel may complete the hearing as if they constituted the full board or panel, as the case may be.

PART 3

HEARING PROCESS

RULES OF PROCEDURE

Rules of procedure

13(1)

The board may make rules governing its procedure.

Different rules

13(2)

The rules of procedure may be different for different types of applications or appeals within the board's mandate.

Publication of rules

13(3)

The board must publish its rules of procedure on the board's website.

Rules do not take effect until published

13(4)

A rule of procedure does not take effect until it has been published as required by subsection (3).

Informal resolution

14

The board's rules of procedure may authorize a board member to assist parties to an application or appeal before the board in resolving the matter without the need for a formal hearing.

Tariff of fees

15

The board may, by regulation made with the approval of the Lieutenant Governor in Council, establish a tariff of fees payable in respect of applications and appeals to the board.

HEARINGS

Basic process

16(1)

An application or appeal to the board must be made and determined according to the process set out in

(a) the designated Act under which the application or appeal is authorized; and

(b) the board's rules of procedure.

Inconsistency between designated Act and rules

16(2)

In the case of an inconsistency between a designated Act and the board's rules of procedure, the designated Act prevails to the extent of the inconsistency.

Right to present evidence and make submissions

17

A party to a hearing before the board has the right to present evidence and make submissions and may, at the party's option, be represented by legal counsel or an agent.

Oral hearings not required

18(1)

Despite any other provision of this Act or a designated Act, the board may conduct a written hearing in any circumstances in which the board may or is required to hold a hearing.

Rules for written hearings

18(2)

The board's rules of procedure may set out the circumstances in which and the process by which written hearings may be conducted and specify the form and content of materials to be provided for written hearings.

Hearings and record to be public

19(1)

Subject to subsection (2), oral hearings by the board must be open to the public and the record of a hearing before the board must be made available to the public on request.

Confidential hearings

19(2)

The board may hold all or part of an oral hearing in camera or receive written evidence or submissions in confidence if the board is of the opinion that

(a) commercially sensitive information or intimate financial or personal matters may be disclosed during the hearing; and

(b) the desirability of avoiding disclosure of the information or matters outweighs the desirability of adhering to the principle that hearings be open to the public.

Electronic hearings

20

The board may conduct an oral hearing partially or completely by electronic means if those means enable

(a) the participants to hear and speak to each other; and

(b) the public to hear the proceedings.

Rules of evidence

21

The board is not bound by the rules of evidence that apply to judicial proceedings.

Evidence Act powers

22

The board members have the powers of commissioners under Part V of The Manitoba Evidence Act.

Power of entry

23

The board or a panel hearing a matter may, in the presence of any parties to the hearing or their counsel wishing to attend, enter onto and inspect any land or premises directly or indirectly involved in the matter.

ORDERS

Orders of the board

24(1)

The designated Act under which an application or appeal to the board is made governs the following:

(a) the relief that an order of the board may provide;

(b) what an order of the board may determine or certify;

(c) the authority of the board to rehear the application or appeal;

(d) the authority of the board to vary or rescind a previous order made in response to the application or appeal;

(e) the authority of the board to award costs;

(f) whether, and the manner in which, the board's order may be appealed.

Content and service

24(2)

An order of the board must

(a) be in writing;

(b) contain reasons for the board's decision;

(c) be given to the parties personally, by regular mail or by any other method acceptable to the parties; and

(d) inform the parties of any right to appeal the order and the time limit for doing so.

PART 4

GENERAL PROVISIONS

Annual report

25(1)

Within three months after the end of each fiscal year of the government, the board must prepare and submit to the minister an annual report on its activities and operations during the fiscal year.

Tabling report in the Assembly

25(2)

The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it.

Protection from liability

26

No action or proceeding may be brought against the board, a board member or an employee or agent of the board for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act or a designated Act.

Board and staff not compellable

27

A board member or an employee appointed in accordance with section 8 must not be compelled to give evidence in a court or in a proceeding of a judicial nature with respect to anything coming to their knowledge in carrying out responsibilities or exercising powers under this Act except

(a) to enforce compliance with this Act; or

(b) in a prosecution for perjury.

Copies of orders

28

On application and on payment of any amount payable under the board's tariff of fees, the board must provide a person with a certified copy of any order made by the board.

PART 5

TRANSITIONAL PROVISIONS

Interim rules of procedure

29(1)

This section applies until the board makes its own rules of procedure under section 13 and those rules come into effect.

Applications for determination of compensation

29(2)

The Rules of Procedure of The Land Value Appraisal Commission, as they read immediately before the coming into force of this section, apply with necessary changes to

(a) an application for a determination of compensation under section 15 of The Expropriation Act; and

(b) an application for a determination of compensation under section 14 of The Land Acquisition Act.

Appeals under Municipal Assessment Act

29(3)

The following apply, with necessary changes, to the hearing of an appeal to the board under subsection 56(2) of The Municipal Assessment Act:

(a) the Municipal Board Assessment Appeal Rules made by The Municipal Board on July 9, 2009, as they read immediately before the coming into force of this section;

(b) the appeal management and case management procedures of The Municipal Board as they read immediately before the coming into force of this section.

Hearings under Surface Rights Act

29(4)

The rules of procedure adopted by The Surface Rights Board, as they read immediately before the coming into force of this section, apply with necessary changes to a hearing by the board of a matter under The Surface Rights Act.

Board may vary or dispense with rule

29(5)

The board may vary or dispense with a rule or procedure referred to in this section if it considers it necessary or appropriate to do so.

"Current hearing" defined

30(1)

In this section, "current hearing" means

(a) an application before The Land Value Appraisal Commission or The Surface Rights Board made before the coming into force of this section that has not been determined as of the coming into force of this section; or

(b) an appeal of an order of a board of revision to The Municipal Board under subsection 54(1) of The Municipal Assessment Act made before the coming into force of this section that has not been determined as of the coming into force of this section.

Hearings continued before Real Property Valuation Board

30(2)

On the coming into force of this section, carriage of the following current hearings is transferred to the board:

(a) a hearing before The Land Value Appraisal Commission or The Surface Rights Board that is

(i) a written hearing, or

(ii) an oral hearing in which the presentation of oral evidence and argument has not yet begun;

(b) a hearing before The Municipal Board in which the deadline for the parties to file written briefs has not yet expired.

Transfer of carriage

30(3)

If carriage of a current hearing is transferred to the Board,

(a) within 60 days after the coming into force of this section, the board must notify each party in writing that the board has assumed carriage of the hearing;

(b) the board must obtain copies of all written evidence and argument filed with, and any interlocutory decisions made by, The Land Value Appraisal Commission, The Municipal Board or The Surface Rights Board, as the case may be; and

(c) an interlocutory decision or order made by The Land Value Appraisal Commission, The Municipal Board or The Surface Rights Board in the hearing is deemed to be a decision or order of the board.

Hearings continued before Municipal Board

30(4)

In the case of a current hearing before The Municipal Board in which the deadline for the parties to exchange written briefs has expired,

(a) The Municipal Board retains carriage of the hearing and must render a decision without regard to this Act; and

(b) the following rules and procedures continue to apply to the hearing:

(i) the Municipal Board Assessment Appeal Rules made by The Municipal Board on July 9, 2009,

(ii) the appeal management and case management procedures adopted by The Municipal Board.

Hearings recommenced before Real Property Valuation Board

30(5)

In the case of an oral current hearing before The Land Value Appraisal Commission or The Surface Rights Board in which the presentation of oral evidence or argument has begun (including, for certainty, a hearing in which the presentation of evidence and argument has finished but The Land Value Appraisal Commission or The Surface Rights Board has not yet made a decision),

(a) on the coming into force of this section, the hearing is terminated;

(b) the application in respect of the terminated hearing is deemed to have been re-filed before the board;

(c) within 60 days after the coming into force of this section, the board must notify each party in writing about the application of this section to the hearing;

(d) the board must hear the application by way of a new hearing, without regard to oral evidence or argument previously brought in the current hearing;

(e) the board must obtain copies of all written evidence and argument filed with, and any interlocutory decisions made by, The Land Value Appraisal Commission or The Surface Rights Board, as the case may be, before the commencement of oral evidence or argument before those bodies; and

(f) an interlocutory decision or order made by The Land Value Appraisal Commission or The Surface Rights Board in the hearing is deemed to be a decision or order of the board.

No cause of action, compensation or damages

30(6)

No cause of action or proceeding arises as a direct or indirect result of the termination of a hearing by subsection (5), and no compensation or damages are owing or payable to any person in connection with or as a result of the termination.

Regulations re transitional matters

31

The Lieutenant Governor in Council may make regulations respecting any matter or thing the Lieutenant Governor in Council considers necessary or advisable to effect the transition of matters within the mandates of The Land Value Appraisal Commission, The Municipal Board and The Surface Rights Board to the board in accordance with this Act.

PART 6

RELATED AND CONSEQUENTIAL AMENDMENTS

RELATED AMENDMENTS

The Expropriation Act

C.C.S.M. c. E190 amended

32(1)

The Expropriation Act is amended by this section.

32(2)

Subsection 1(1) is amended

(a) by adding the following definition:

"board", unless the context otherwise requires, means the Real Property Valuation Board established by The Real Property Valuation Board Act; (« Commission »)

(b) by repealing the definition "commission".

32(3)

The following provisions of the English version are amended by striking out "commission" wherever it occurs and substituting "board", with necessary grammatical changes:

(a) section 15;

(b) subsection 29(1);

(c) sections 34 and 35.

32(4)

Section 37 is replaced with the following:

Limitation period

37

An application to the board to determine compensation payable under this Act must be made no later than two years after the day the authority enters into possession of the land.

32(5)

Sections 39, 44 and 45 of the English version are amended by striking out "commission" wherever it occurs and substituting "board", with necessary grammatical changes.

32(6)

The following is added after section 54:

Transitional — decision of Land Value Appraisal Commission

54.1

A decision of The Land Value Appraisal Commission made under this Act before the coming into force of this section may be enforced, varied or appealed as if it were made by the board.

32(7)

Section 55 is amended

(a) in clause (b), by striking out "and the commission"; and

(b) by repealing clause (c).

The Land Acquisition Act

C.C.S.M. c. L40 amended

33(1)

The Land Acquisition Act is amended by this section.

33(2)

Section 1 is amended

(a) by adding the following definition:

"board", unless the context otherwise requires, means the Real Property Valuation Board established by The Real Property Valuation Board Act; (« Commission »)

(b) by repealing the definition "commission".

33(3)

The heading for Part II is replaced with "COMPENSATION".

33(4)

Section 13 is repealed.

33(5)

Subsections 14(1) and (4) of the English version are amended by striking out "commission" wherever it occurs and substituting "board".

33(6)

Subsection 14(5) of the English version is amended

(a) by striking out "commission" wherever it occurs and substituting "board", with necessary grammatical changes; and

(b) by striking out "his" and substituting "their".

33(7)

Clauses 14(6)(a) and (b) of the English version are amended by striking out "commission" and substituting "board".

33(8)

Sections 15 and 16 are repealed.

33(9)

The following is added after section 17:

Dissolution of Land Value Appraisal Commission

18(1)

On the coming into force of this section,

(a) The Land Value Appraisal Commission is dissolved;

(b) the appointments of the members of The Land Value Appraisal Commission are terminated and all rights and obligations of the members in relation to or under those appointments are extinguished;

(c) the rights and property of The Land Value Appraisal Commission are transferred to the government and all of its liabilities and obligations are assumed by the government; and

(d) a legal proceeding or action that has been commenced by or against The Land Value Appraisal Commission may be continued by or against the government.

New proceeding by or against the government

18(2)

A legal proceeding that, but for the dissolution of The Land Value Appraisal Commission, could have been commenced by or against that commission may be commenced by or against the government.

Decision by Land Value Appraisal Commission

18(3)

A decision made by The Land Value Appraisal Commission under this Act before the coming into force of this section may be enforced or varied as if it were made by the board.

Repeal — rules of procedure

34

The Rules of Procedure of The Land Value Appraisal Commission re-enacted on November 24, 1987, are repealed.

The Municipal Assessment Act

C.C.S.M. c. M226 amended

35(1)

The Municipal Assessment Act is amended by this section.

35(2)

Part 8 is amended

(a) by adding "DIVISION 1" as a centred heading before the centred heading "BOARD OF REVISION";

(b) by adding "DIVISION 2" as a centred heading before the centred heading "REVISION PROCESS"; and

(c) by adding "DIVISION 3" as a centred heading before the centred heading "APPEAL PROCESS".

35(3)

The following is added after section 55 and the centred heading that follows it:

Definition

55.1

In this Division, "Board" means the Real Property Valuation Board established by The Real Property Valuation Board Act.

35(4)

The following provisions are amended by striking out "Municipal" wherever it occurs:

(a) subsections 56(2), (3) and (4);

(b) subsections 57(1) and (2).

35(5)

Subsection 57(3) is amended by striking out "The Municipal Board Act" and substituting "The Real Property Valuation Board Act".

35(6)

Subsection 57(5) is amended by striking out "Municipal" wherever it occurs.

35(7)

Subsection 57(5.1) of the French version is amended by striking out "municipale" wherever it occurs.

35(8)

The following provisions are amended by striking out "Municipal":

(a) subsections 57(8) and (9);

(b) section 58;

(c) subsection 59(1).

35(9)

Subsection 59(2) is repealed.

35(10)

Subsections 59(3) and (5) of the English version are amended by striking out "Municipal".

35(11)

The following provisions are amended by striking out "Municipal" wherever it occurs:

(a) subsection 59(6);

(b) subsections 60(1) to (1.3).

35(12)

Subsection 60(2.1) is amended by striking out "The Municipal Board" wherever it occurs and substituting "the Board".

35(13)

Subsections 60(2.2) to (4) are amended by striking out "Municipal".

35(14)

Subsection 60(5) of the French version is amended by striking out "municipale".

35(15)

Subsection 60(8) is amended by striking out "Municipal Board" and substituting "Board".

35(16)

Subsection 61(1) is repealed.

35(17)

Subsection 61(2) of the English version is amended by striking out "Municipal".

35(18)

The following is added after section 61:

Varying or rescinding order

61.1

The Board may, on its own initiative or at the request of a party, vary or rescind an order made under subsection 60(1) if it is satisfied that doing so is required

(a) as a result of new evidence that was not available before the order was made; or

(b) to correct an oversight or error in the order.

35(19)

Subsections 63(1) and (2) are amended by striking out "Municipal" wherever it occurs.

35(20)

The following is added after section 63 and before Part 9:

Transitional — orders of Municipal Board

63.1

An order of The Municipal Board made under this Division before the coming into force of this section may be enforced, varied, rescinded or appealed as if it were an order of the Real Property Valuation Board.

The Surface Rights Act

C.C.S.M. c. S235 amended

36(1)

The Surface Rights Act is amended by this section.

36(2)

Section 1 is amended

(a) by replacing the definition "board" with the following:

"board" means the Real Property Valuation Board established by The Real Property Valuation Board Act; (« Commission »)

(b) in the definition "order", by adding "made under this Act" at the end.

36(3)

Part II and subsections 25(2) and (3) are repealed.

36(4)

Section 65 is amended by adding "relating to the administration of this Act" at the end.

36(5)

The following is added after section 68:

Dissolution of Surface Rights Board

68.1(1)

On the coming into force of this section,

(a) The Surface Rights Board is dissolved;

(b) the appointments of the members of The Surface Rights Board are terminated and all rights and obligations of the members in relation to or under those appointments are extinguished;

(c) the rights and property of The Surface Rights Board are transferred to the government and all of its liabilities and obligations are assumed by the government; and

(d) a legal proceeding or action that has been commenced by or against The Surface Rights Board may be continued by or against the government.

New proceeding by or against the government

68.1(2)

A legal proceeding that, but for the dissolution of The Surface Rights Board, could have been commenced by or against that board may be commenced by or against the government.

Order by Surface Rights Board

68.1(3)

An order made by The Surface Rights Board under this Act before the coming into force of this section may be enforced, reviewed, rescinded, amended, replaced or appealed as if it were made by the board.

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. F157 amended

37

Schedule A of The Francophone Community Enhancement and Support Act is amended

(a) by striking out "The Land Value Appraisal Commission continued under The Land Acquisition Act"; and

(b) by adding the following after the row respecting The Municipal Board:

The Real Property Valuation Board established under The Real Property Valuation Board Act

C.C.S.M. c. H160 amended

38

Subsection 7(2) of The Housing and Renewal Corporation Act is amended, in the part before clause (a), by striking out "the Land Value Appraisal Commission" and substituting "the Real Property Valuation Board".

C.C.S.M. c. P210 amended

39

Subsection 70(2) of The Public Health Act is replaced with the following:

How compensation determined

70(2)

In the absence of an agreement about compensation, the Real Property Valuation Board, on application in accordance with its procedures, must determine the compensation payable in accordance with The Expropriation Act.

PART 7

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

40

This Act may be cited as The Real Property Valuation Board Act and referred to as chapter R30.2 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

41

This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill establishes the Real Property Valuation Board (the "Board") to take over the roles of other boards and commissions in relation to the following matters:

applications for a determination of compensation under The Expropriation Act for expropriated property, which are currently heard by the Land Value Appraisal Commission;

applications for a determination of compensation under The Land Acquisition Act for property acquired by the government, which are also currently heard by the Land Value Appraisal Commission;

property tax assessment appeals under The Municipal Assessment Act, which are currently heard by the Municipal Board;

applications under The Surface Rights Act, which are currently heard by the Surface Rights Board.

Members of the Board are appointed by the Lieutenant Governor in Council.

Related amendments are made to The Expropriation Act, The Land Acquisition Act, The Municipal Assessment Act and The Surface Rights Act to effect the transfer of responsibilities to the new Board. As part of these amendments,

the Land Value Appraisal Commission and the Surface Rights Board are dissolved; and

the Municipal Board retains all of its existing responsibilities except the hearing of assessment appeals.

Consequential amendments are made to three other Acts.