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S.M. 2022, c. 26
Bill 33, 4th Session, 42nd Legislature
The Municipal Assessment Amendment and Municipal Board Amendment Act
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Explanatory Note This note was written as a reader's aid to the Bill and is not part of the law. This Bill amends The Municipal Assessment Act and The Municipal Board Act. The Municipal Assessment Act is amended to enable a municipality to post assessment information determined by the assessor online; and permit notices and other documents to be sent electronically and to determine when such notices and documents are considered to be received. The Municipal Board Act is amended to enable the Municipal Board to assist parties in resolving matters without a hearing. Statutory time limits for the board to hear and determine a matter may be extended for up to 60 days to give the board time to provide this assistance. The board is given the power to dismiss a matter without a hearing in certain circumstances and administrative amendments are made concerning filing notices of appeal with the board. Consequential amendments are made to The City of Winnipeg Charter and The Planning Act. |
(Assented to June 1, 2022)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
THE MUNICIPAL ASSESSMENT ACT
The Municipal Assessment Act is amended by this Part.
Subsection 1(1) of the English version is amended in the definition "assessment roll"
(a) by striking out "document that records" and substituting "record of"; and
(b) by striking out "described in the document" and substituting "described in the record".
The following is added after clause 5(3)(b):
(b.1) determine the kind of information from the assessment rolls to be made available to the public in electronic form under subsection 9(5.1);
The following is added after subsection 9(5):
Electronic access to assessment rolls
If provided for by by-law of the municipality, a municipality may make information from its assessment rolls, as determined by the assessor, available to the public in electronic form.
Subsection 9(6) is amended by striking out "shall send written notice of the assessment" and substituting "must send notice of the assessment by mail or electronic communication".
Clause 13(2)(b) is amended by striking out "written notice" and substituting "notice by mail or electronic communication".
Subsection 13(6) is amended by striking out "shall send written notice of the amendment" and substituting "must send notice of the amendment by mail or electronic communication".
Subsection 14(3) is amended
(a) by striking out "written notice of the amendment" and substituting "notice of the amendment by mail or electronic communication"; and
(b) in the French version, by striking out "municipal".
Clause 60(4)(f) is amended by striking out "mailing" and substituting "sending, by mail or electronic communication,".
The centred heading "OFFENCE AND PENALTY" is added before section 64.
The following is added after section 64:
GIVING NOTICES
When, under this Act, a notice or other document is mailed to a person
(a) it is presumed to be mailed on the date of the notice or document; and
(b) it is deemed to be received on the fifth day after the day the notice or document is mailed.
Date electronic communication sent and received
When, under this Act, a notice or other document is sent by electronic communication,
(a) it is presumed to be sent on the date that the electronic communication is sent; and
(b) it is deemed to be received on the date that the electronic communication is sent.
Notice by electronic communication
Subject to subsection (2), a notice or other document is sufficiently given or served by electronic communication under this Act if
(a) it is sent by e-mail or other electronic means to an electronic address provided by the person to the sender for that purpose; or
(b) it is published on a website or online platform accessible to the person and notice of the publication is sent by e-mail or other electronic means to an electronic address provided by the person to the sender for that purpose.
Consent for electronic communication
A notice or other document may be given or served by electronic communication only if the person has agreed in writing or by electronic means that the notice or document — or notices or documents of that class — may be given to or served in that manner.
The centred heading "TRANSITIONAL" is added before section 65.
PART 2
THE MUNICIPAL BOARD ACT
The Municipal Board Act is amended by this Part.
Subsection 24(3.1) is replaced with the following:
The board's rules of practice may authorize a member to assist parties to a matter before the board in resolving the matter without holding a hearing.
Extension of time for informal resolution
When the enactment under which a person files a notice of appeal requires the board to hold a hearing or make a decision within a specified time period, the time period is extended if the board
(a) offers the parties the assistance of a member in attempting to resolve the matters at issue without holding a hearing in accordance with the board's rules; and
(b) publishes on the board's website notice of the offer to resolve the matters at issue without holding a hearing.
A time period is extended under subsection (3.2) by the shorter of
(a) the period from the day the parties are offered assistance by the board to the day the member gives written notice to the parties that there is no reasonable prospect of resolving matters without holding a hearing; and
(b) the period that ends 60 days after the parties are offered assistance by the board.
The following is added after section 24:
A person who files a notice of appeal under an enactment must file with it a written statement setting out the grounds for appeal in addition to any other requirements under that enactment.
The board may dismiss an appeal or part of an appeal if
(a) it is not within the jurisdiction of the board;
(b) it was not filed within the applicable time limit;
(c) in the opinion of the board, its subject matter is trivial or the application is not made in good faith;
(d) in the opinion of the board, its subject matter is frivolous, vexatious or an abuse of process;
(e) in the opinion of the board, there is no reasonable prospect that it will succeed;
(f) its subject matter is being or has been dealt with appropriately according to a procedure provided for under another enactment;
(g) the appellant has not paid any fee required to be paid under this Act or the enactment under which the notice of appeal was filed; or
(h) in the opinion of the board, the statutory requirements for filing the notice of appeal have not been met.
Opportunity to make submission
Before dismissing an appeal or part of the appeal, the board must give the appellant an opportunity to make a written submission or otherwise be heard as to the dismissal.
The board must give written reasons to the parties if it dismisses an appeal or part of an appeal.
The board may dismiss an appeal or part of an appeal at any time before the start of the hearing.
PART 3
TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS
Transitional — pending proceedings
This Act does not apply to the following:
(a) any matter appealed or referred to The Municipal Board before the date of coming into force of Part 2 of this Act that has not been finally disposed of on the date of coming into force of that Part;
(b) any matter for which the time period to file a notice of appeal or refer the matter to The Municipal Board has commenced but not yet expired on the date of coming into force of Part 2 of this Act.
Consequential amendments, S.M. 2002 c. 39
The City of Winnipeg Charter is amended by this section.
Clause 230(1)(b) is amended by striking out "within 120 days" and substituting "subject to subsection 24(3.2) of The Municipal Board Act, within 120 days".
Clause 236.1(8)(a) is amended by striking out "conduct a hearing" and substituting "subject to subsection 24(3.2) of The Municipal Board Act, conduct a hearing".
Clause 282.1(5)(b) is amended by striking out "within 120 days" and substituting "subject to subsection 24(3.2) of The Municipal Board Act, within 120 days".
The following is added after section 328:
Content of electronic assessment information
The city assessor may determine the kind of information from the assessment rolls to be made available to the public in electronic form under subsection 9(5.1) of The Municipal Assessment Act.
Consequential amendments, C.C.S.M. c. P80
The Planning Act is amended by this section.
Subsection 77.1(2) is amended by striking out "Within 120 days" and substituting "Subject to subsection 24(3.2) of The Municipal Board Act, within 120 days".
Subsection 82.1(5) is amended by striking out "The Municipal Board" and substituting "Subject to subsection 24(3.2) of The Municipal Board Act, the Municipal Board".
Subsection 151.0.3(5) is amended by striking out "the Municipal Board" and substituting "Subject to subsection 24(3.2) of The Municipal Board Act, the Municipal Board".
PART 4
COMING INTO FORCE
Coming into force — royal assent
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Coming into force — proclamation
Parts 2 and 3, except subsections 16(1) and (5), come into force on a day to be fixed by proclamation.