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S.M. 1998, c. 34

THE MUNICIPAL ASSESSMENT AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 29, 1998)

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

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

1 The Municipal Assessment Act is amended by this Act.

2         The definition "registered owner" in subsection 1(1) is repealed and the following is substituted:

"registered owner" means, in respect of land, a person who

(a)  is the owner of an estate in fee simple in land that is subject to The Real Property Act,

(b) is the owner of an estate in fee simple in land that is not subject to The Real Property Act and who is the grantee named in a valid conveyance of land that is registered under The Registry Act, or

(c) is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act. (« propriétaire »)

3         Subsection 6(2) is amended by adding the following after clause (c):

(c.1) apportioning among municipalities the costs and expenses incurred by the minister in making assessments;

4 Section 8 is repealed and the following is substituted:

Levy for assessment costs

8         The minister shall

(a) by regulation, apportion among the municipalities the costs and expenses incurred by the minister in making assessments for the purposes of this Act; and

(b) each year levy the apportioned amount against each municipality.

5 Subsection 11(1) is repealed and the following is substituted:

Name in which property assessed

11(1)     Except as otherwise provided in this Part, an assessor shall assess property in the name of the following person:

(a) in the case of real property assessment, the registered owner of the land;

(b) in the case of personal property assessment, the owner of the personal property;

(c) in the case of business assessment, the occupier of the business premises;

(d) in the case of pipeline assessment, the owner or operator of the pipeline;

(e) in the case of gas distribution system assessment, the owner of the system.

6(1)      Subsection 14(1) is amended by striking out everything after "error or omission" and substituting ", authorize and direct a municipal administrator to amend the annual assessment roll that immediately precedes the annual assessment roll being prepared under section 9."

6(2) Subsection 14(2) is amended by striking out everything after "error or omission" and substituting ", amend the last revised assessment roll as defined in section 205 of The City of Winnipeg Act."

7 Section 16 of the English version is amended by striking out "demand" and substituting "request"

(a) in subsection (1),

(i) in the section heading, and

(ii) in the part preceding clause (a); and

(b) wherever it occurs in subsection (2).

8(1) Clause 22(1)(h) is repealed.

8(2) Subclause 22(1)(j)(iii) is repealed.

9         The following is added after subsection 22(2):

Airport improvements exemption

22(3)     The following improvements used in the operation of an airport are exempt from taxation levied by a municipality:

(a) runways;

(b) paving;

(c) fencing;

(d) pole lines, transmission lines, light standards and unenclosed communications towers.

10        Clauses 23(1)(h) and (i) are repealed and the following is substituted:

(h) is

(i) owned by,

(ii) held under leasehold title by, or

(iii) held in trust for,

and used and occupied by a Young Men's Christian Association, a Young Women's Christian Association, a Young Men's and Young Women's Christian Association or a Young Men's and Young Women's Hebrew Association;

(i) is

(i) owned by, or

(ii) held under leasehold title by,

a municipality, community association, service club, public recreation commission or other public body or group that serves the local community, and is not occupied, used or operated for profit but as a community hall, community recreation area, community centre or community rink, to the extent that the improvements are not used as licensed premises within the meaning of The Liquor Control Act, and to a maximum exemption of 0.81 hectare; or

11        Clause 25(2)(c) is repealed.

12        Subsection 32(3) is repealed.

13        Subsection 46(3) is amended by striking out "44(2)" and substituting "44(1)".

14(1)     Subsection 54(3.1) of the English version is amended by striking out "demand" and substituting "request".

14(2)     Subsection 54(3.2) is repealed and the following is substituted:

Effect of providing no information

54(3.2)   Where a person failed to comply with a request for information or documentation under clause 16(1)(c), the board or panel shall specify in its order that any reduction in the assessed value of the person's property is not to take effect until the year following the year in which the order is made, or the year following the year to which the application relates, whichever is later.

15        Subsection 57(7) is repealed and the following is substituted:

Posting of notice of appeal hearing

57(7)     The municipal administrator to whom a notice is sent under subsection (5) shall post the notice in a conspicuous place in the building in which the central offices of the municipality are located and, in the case of the City of Winnipeg, in each community committee office in each community established under subsection 35(1) of The City of Winnipeg Act in which the property in respect of which the appeal is made is located.

16(1)     The following is added after subsection 60(1):

No hearing necessary with agreement

60(1.1)   Where all parties agree to a revised assessment, the Municipal Board may change the assessment or classification of the subject property, as agreed by the parties, and direct a revision of the roll without hearing an appeal.

16(2)     Subsection 60(2.1) of the English version is amended by striking out "demand" and substituting "request".

16(3)     Subsection 60(2.2) is repealed and the following is substituted:

Effect of providing no information

60(2.2)   Where a person failed to comply with a request for information or documentation under clause 16(1)(c), the Municipal Board shall specify in its order that any reduction in the assessed value of the person's property is not to take effect until the year following the year in which the order is made, or the year following the year to which the application relates, whichever is later.

Consequential amendments, C.C.S.M. c. M230

17(1)     The Municipal Affairs Administration Act is amended by this section.

17(2)     The following is added after section 8:

Levy for assessment costs by minister

8.1       The minister shall

(a) by regulation, apportion among the municipalities the costs and expenses that are incurred by the minister in making assessments under section 8 of The Municipal Assessment Act; and

(b) each year levy the apportioned amount against each municipality.

17(3)     Section 9 is repealed and the following is substituted:

Further levies by minister

9         Each year the minister shall, upon the basis of the total municipal assessment made by the Provincial Municipal Assessor, apportion among and levy against the municipalities in the province any sum that is required to be levied under this Act or any Act of the Legislature.

Coming into force

18(1) This Act, except section 11, comes into force on the day it receives royal assent.

Coming into force: section 11

18(2) Section 11 comes into force on a day fixed by proclamation.

 

 
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