___________________________
FIRST NATION
PROPERTY
ASSESSMENT LAW, 20__
(BRITISH COLUMBIA)
TABLE OF
CONTENTS
PART I Citation.........................................................................................
PART II Definitions and References.......................................................
PART III Administration............................................................................
PART IV Assessed Value..........................................................................
PART V Requests for Information and Inspections.............................
PART VI Assessment Roll and Assessment Notice..............................
PART VII Errors and Omissions in Assessment Roll..............................
PART VIII Reconsideration of Assessment..............................................
PART IX Assessment Review Board.......................................................
PART X Appeal to Assessment Review Board.....................................
PART XI General Provisions......................................................................
SCHEDULES
I Property Classes
II Request for Information by Assessor
III Notice of Assessment Inspection
IV Declaration of Purpose for the Use of
Assessment Information
V Assessment Notice
VI Request for Reconsideration of Assessment
VII Notice of Appeal to Assessment Review
Board
VIII Notice of Withdrawal
IX Notice of Hearing
X Order to Attend/Produce Documents
XI Certification of Assessment Roll by
Assessor
WHEREAS:
A. Pursuant
to section 5 of the First Nations Fiscal and Statistical Management Act,
the council of a first nation may make laws respecting taxation for local
purposes of reserve lands, interests in reserve lands or rights to occupy,
possess or use reserve lands;
B. The
Council of the _____________________ First Nation deems it to be in the best
interests of the First Nation to make a law for such purposes; and
C. The
Council of the ___________________ First Nation has given notice of this law
and has considered any representations received by the Council, in accordance
with the requirements of the First Nations Fiscal and Statistical Management
Act;
NOW THEREFORE the Council of the
__________________________ First Nation duly enacts as follows:
PART I
CITATION
Citation
1. This Law may be cited as the
____________________ First Nation Property Assessment Law, 20___.
PART II
DEFINITIONS
AND REFERENCES
Definitions and References
2.(1) In this Law:
“Act” means the First Nations Fiscal and Statistical
Management Act, S.C. 2005, c.9, and the regulations enacted under that Act;
“assessable property” means property that is liable to
assessment under this Law;
“assessed value” means the market value of land or
improvements, or both, as if the land or improvements were held in fee simple
off the reserve, as determined under this Law;
“assessment” means a valuation and classification of an
interest in land;
“Assessment Notice” means a notice containing the
information set out in Schedule V;
“Assessment Review Board” means a board established by
Council in accordance with Part IX;
“assessment roll” means a roll prepared pursuant to this
Law, and includes a supplementary assessment roll, a revised assessment roll
[and an assessment roll referenced in subsection 10(3)];
“assessor” means a person appointed by Council under
subsection 3(1);
“chair” means the chair of the Assessment Review Board;
“Commission” means the First Nations Tax Commission
established under the Act;
“complainant” means a person who commences an appeal of an
assessment under this Law;
“Council” has the meaning given to that term in the Act;
“First Nation” means the ___________ First Nation, being a
band named in the schedule to the Act;
“FMB” means the First Nations Financial Management Board
established under the Act;
“holder” means a person in possession of an interest in land
or a person who, for the time being,
(a) is entitled through a lease, licence or other
legal means to possess or occupy the interest in land,
(b) is in actual occupation of the interest in
land,
(c) has any right, title, estate or interest in
the interest in land, or
(d) is a trustee of the interest in land;
“improvement” means any building, fixture, structure or
similar thing constructed, placed or affixed on, in or to land, or water over
land, or on, in or to another improvement and includes a manufactured home;
“interest in land” or “property” means land or improvements,
or both, in the reserve and, without limitation, includes any interest in land
or improvements, any occupation, possession or use of land or improvements, and
any right to occupy, possess or use land or improvements;
“manufactured home”
means a structure, whether or not ordinarily equipped with wheels, that is
designed, constructed or manufactured to
(a) be moved from one place to another by being
towed or carried, and
(b) provide
(i) a dwelling house or premises,
(ii) a business office or premises,
(iii) accommodation for any other purpose,
(iv) shelter for machinery or other equipment,
or
(v) storage, workshop, repair, construction or
manufacturing facilities;
“Notice of Appeal” means a notice containing the information
set out in Schedule VII;
“Notice of Assessment Inspection” means a notice containing
the information set out in Schedule III;
“Notice of Hearing” means a notice containing the
information set out in Schedule IX;
“Notice of Withdrawal” means a notice containing the
information set out in Schedule VIII;
“Order to Attend/Provide Documents” means an order
containing the information set out in Schedule X;
“party”, in respect of an appeal of an assessment under this
Law, means the parties to an assessment appeal under section 32;
“person” includes a partnership, syndicate, association,
corporation and the personal or other legal representatives of a person;
“property class” means those categories of property
established in subsection 6(10) for the purposes of assessment and taxation;
“Province” means the province of British Columbia;
“reserve” means any land set apart for the use and benefit
of the First Nation within the meaning of the Indian Act;
“resolution” means a motion passed and approved by a
majority of Council present at a duly convened meeting;
“revised assessment roll” means an assessment roll amended
in accordance with section 12 of this Law;
“secretary” means the secretary of the Assessment Review
Board appointed under section 25;
“supplementary assessment roll” means an assessment roll
under section 19;
“tax administrator” means the person appointed by Council to
that position under the Taxation Law;
“Taxation Law” means the _______ First Nation Property
Taxation Law, 20__ ;
“taxation year” means the calendar year to which an
assessment roll applies for the purposes of taxation; and
“taxes” includes
(a) all taxes imposed, levied, assessed or
assessable under the Taxation Law, and all penalties, interest and costs added
to taxes under the Taxation Law, and
(b) for the purposes of collection and
enforcement, all taxes imposed, levied, assessed or assessable under any other
local revenue law of the First Nation, and all penalties, interest and costs
added to taxes under such a law.
(2) In this Law, references to a Part (e.g. Part
I), section (e.g. section 1), subsection (e.g. subsection 2(1)), paragraph
(e.g. paragraph 6(3)(a)) or Schedule (e.g. Schedule I) is a reference to the
specified Part, section, subsection, paragraph or Schedule of this Law, except
where otherwise stated.
PART III
ADMINISTRATION
Assessor
3.(1) Council must, by resolution, appoint one or
more assessors to undertake assessments of assessable property in accordance
with this Law and such other duties as set out in this Law or as directed by
Council.
(2) An appointment under subsection (1) is on the
terms and conditions set out in the resolution.
(3) An assessor appointed by Council must be
qualified to conduct assessments of real property in the Province.
Authorization of Financial Management Board
4. Notwithstanding any other provision of this
Law, if the FMB gives notice to Council pursuant to the Act that third-party
management of the revenues raised under this Law is required, Council
authorizes the FMB to act as agent of the First Nation to fulfill any of the
powers and obligations of the Council under this Law and the Act.
Application of Law
5. This Law applies to all interests in land.
PART IV
ASSESSED VALUE
Assessment and Valuation
6.(1) The assessor must assess all interests in
land that are subject to taxation under the Taxation Law and all interests in
land for which payments-in-lieu may be accepted by Council.
(2) For the purpose of determining the assessed
value of an interest in land for an assessment roll, the valuation date is July
1 of the year before the taxation year for which the assessment applies.
(3) The assessed value of an interest in land for
an assessment roll is to be determined as if on the valuation date
(a) the interest
in land was in the physical condition that it is in on October 31 following
the valuation date; and
(b) the permitted use of the interest in land was
the same as on October 31 following the valuation date.
(4) Paragraph
(3)(a) does not apply to property referred to in paragraphs 18(3)(b) and
(d) and the assessed value of property referred to in that section for an
assessment roll must be determined as if on the valuation date the property was
in the physical condition that it is in on December 31 following the valuation
date.
(5) Except where otherwise provided, the assessor
must assess interests in land at their market value as if held in fee simple
off the reserve.
(6) The assessor must determine the assessed
value of an interest in land and must enter the assessed value of the interest
in land in the assessment roll.
(7) In determining assessed value, the assessor
may, except where this Law has a different requirement, give consideration to
the following:
(a) present use;
(b) location;
(c) original cost;
(d) replacement cost;
(e) revenue or rental value;
(f) selling price of the interest in land and
comparable interests in land;
(g) economic and functional obsolescence; and
(h) any other circumstances affecting the value
of the interest in land.
(8) Without limiting the application of
subsections (5) and (6), an interest in land used for an industrial or
commercial undertaking, a business or a public utility enterprise must be
valued as the property of a going concern.
(9) Where a lease or other instrument granting an
interest in land places a restriction on the use of the property, other than a
right of termination or a restriction on the duration of the interest in land,
the assessor must consider the restriction.
(10) Council hereby establishes the property
classes established by the Province for provincial property assessment
purposes, for the purposes of assessment under this Law and imposing taxes
under the Taxation Law.
(11) The property classes established under
subsection (10) are set out in Schedule I to this Law, and the classification
criteria for each property class shall be determined using the corresponding
provincial classification rules.
(12) As an exception to subsection (11), Class 7
(forest land) must include only lands respecting which a licence or permit to
cut timber has been issued under the Indian Act. [Note to First Nation: If you have a land code, consider adding “,
or under a land code established in accordance with the First Nations Land Management
Act” at the end of this provision.]
(13) The assessor must assess interests in land
according to the property classes established under this Law.
(14) Where a property falls into two (2) or more
property classes, the assessor must determine the share of the assessed value
of the property attributable to each class and assess the property according to
the proportion each share constitutes of the total assessed value.
(15) Where two (2) or more persons are holders of
assessable property, the assessor may choose to assess the property in the name
of any of those persons or in the names of two (2) or more of those persons
jointly.
(16) If a building or other improvement extends
over more than one (1) property, those properties, if contiguous, may be
treated by the assessor as one property and assessed accordingly.
(17) Where an improvement extends over, under or
through land and is owned, occupied, maintained, operated or used by a person
other than the holder of the land, that improvement may be separately assessed
to the person owning, occupying, maintaining, operating or using it, even
though some other person holds an interest in the land.
(18) Except as otherwise provided in this Law,
for the purposes of assessing interests in land the assessor must use
(a) the valuation methods, rates, rules and
formulas established under provincial assessment legislation existing at the
time of assessment; and
(b) the assessment rules and practices used by
assessors in the Province for conducting assessments off the reserve.
Exemption from Assessment
7. Notwithstanding any other provision in this
Law, improvements designed, constructed or installed to provide emergency
protection for persons or domestic animals in the event of a disaster or
emergency within the meaning of the Emergency Program Act (BC) are
exempt from assessment under this Law.
PART V
REQUESTS FOR
INFORMATION AND INSPECTIONS
Requests for Information
8.(1) The assessor may deliver a Request for
Information containing the information set out in Schedule II, to a holder or a
person who has disposed of assessable property, and that person must provide to
the assessor, within fourteen (14) days from the date of delivery or a longer
period as specified in the notice, information for any purpose related to the
administration of this Law.
(2) The assessor may in all cases assess the
assessable property based on the information available to him or her and is not
bound by the information provided under subsection (1).
Inspections
9.(1) The assessor may, for any purposes related
to assessment, enter into or on and inspect land and improvements.
(2) Where the assessor wishes to conduct an
inspection of assessable property for the purpose of assessing its value, the
assessor must deliver a Notice of Assessment Inspection by personal delivery,
mail, fax or e-mail to the person named on the assessment roll at the address
indicated on the assessment roll.
(3) Personal delivery of a Notice of Assessment
Inspection is made
(a) in the case of delivery to a residential
dwelling, by leaving the notice with a person at least eighteen (18) years of
age residing there; and
(b) in the case of delivery to any other
assessable property, by leaving the notice with the person apparently in
charge, at the time of delivery, on those premises.
(4) A Notice of Assessment Inspection is
considered to have been delivered
(a) if delivered personally, at the time personal
delivery is made;
(b) if sent by mail, five (5) days after the day
on which the notice is postmarked;
(c) if sent by fax, at the time indicated on the
confirmation of transmission; and
(d) if sent by e-mail, at the time indicated in
the electronic confirmation that the e-mail has been opened.
(5) Where an assessable property is occupied by a
person other than the person named on the assessment roll, the person named on
the assessment roll must make arrangements with the occupant to provide access
to the assessor.
(6) Unless otherwise requested by the person
named on the assessment roll, inspections of an assessable property must be
conducted between 09:00 and 17:00 local time.
(7) If the assessor attends at an assessable
property to inspect it and no occupant eighteen (18) years of age or older is
present or permission to inspect the property is denied, the assessor may
assess the value of the assessable property based on the information available
to the assessor.
(8) As part of an inspection under this section,
the assessor must be given access to, and may examine and take copies of and
extracts from, the books, accounts, vouchers, documents and appraisals
respecting the assessable property and the occupant must, on request, furnish
every facility and assistance required for the entry and examination.
PART VI
ASSESSMENT
ROLL AND ASSESSMENT NOTICE
Assessment Roll
10.(1) On or before December 31 of each year [OR
January 31 of each taxation year (if not using BC Assessment)], the assessor
must complete a new assessment roll containing a list of every interest in land
that is liable to assessment under this Law.
(2) The assessment roll must be in paper or
electronic form and must contain the following information:
(a) the name and last known address of the holder
of the interest in land;
(b) a short description of the interest in land;
(c) the classification of the interest in land;
(d) the assessed value by classification of the
interest in land;
(e) the total assessed value of the interest in
land;
(f) the net assessed value of the interest in
land subject to taxation under the Taxation Law; and
(g) any other information the assessor considers
necessary or desirable.
[Note to First Nation: Include this
language only if this law is repealing and replacing an existing property
assessment law.
(3) For greater certainty, an assessment roll
prepared under the enactment repealed by section 57 is and continues to be an
assessment roll under this Law and shall be used until such time as the next
assessment roll is prepared and certified in accordance with this Law.]
Certification by Assessor
11. On completion of an assessment roll and on or
before December 31 in that year [OR January 31 in the taxation year], the
assessor must
(a) certify in writing in substantially the form
set out in Schedule XI that the assessment roll was completed in accordance
with the requirements of this Law; and
(b) deliver a copy of the certified assessment
roll to Council.
Assessor to Prepare and Certify Revised Assessment Roll
12.(1) No later than March 31 after the
certification of the assessment roll under section 11, the assessor must
(a) modify the assessment roll to reflect all
reconsideration decisions, corrections of errors and omissions, and decisions
received by the assessor from the Assessment Review Board;
(b) date and initial amendments made to the
assessment roll under this section; and
(c) prepare a revised assessment roll.
(2) On completion of the revised assessment roll,
the assessor must
(a) certify in writing in substantially the form
set out in Schedule XI that the revised assessment roll was completed in accordance
with the requirements of this Law; and
(b) deliver a copy of the certified revised
assessment roll to Council and to the chair.
(3) On certification under this section, the
revised assessment roll becomes the assessment roll for the taxation year and
it is deemed to be effective as of the date the assessment roll was certified
under section 11.
Validity of Assessment Roll
13. An assessment roll is effective on
certification and, unless amended in accordance with this Law, by a decision of
the Assessment Review Board or by an order of a court of competent
jurisdiction, is
(a) valid and binding on all parties concerned,
despite
(i) any omission, defect or error committed
in, or with respect to, the assessment roll,
(ii) any defect, error or misstatement in any
notice required, or
(iii) any omission to mail any notice required;
and
(b) for all purposes, the assessment roll of the
First Nation until the next certified assessment roll or certified revised
assessment roll.
Inspection and Use of Assessment Roll
14.(1) On receipt by Council, the assessment roll
is open to inspection in the First Nation office by any person during regular
business hours.
[Note to First Nation: If the First
Nation allows the assessment roll to be accessed online, consider including an
additional provision that provides for that access, such as:
In addition to inspection under
subsection 14(1), Council may allow the assessment roll to be inspected
electronically through an online service, provided that the information available
online does not include any names or other identifying information about a
holder or other person.]
(2) A person must not, directly or indirectly,
use the assessment roll or information contained in the assessment roll
(a) to obtain names, addresses or telephone
numbers for solicitation purposes, whether the solicitations are made by
telephone, mail or any other means; or
(b) to harass an individual.
(3) The assessor [tax administrator] may require
a person who wishes to inspect the assessment roll to complete a declaration in
substantially the form set out in Schedule IV
(a) specifying the purpose for which the
information is to be used; and
(b) certifying that the information contained in
the assessment roll will not be used in a manner prohibited under this section.
Protection of Privacy in Assessment Roll
15.(1) On application by a holder, the tax
administrator may omit or obscure the holder’s name, address or other
information about the holder that would ordinarily be included in an assessment
roll if, in the tax administrator’s opinion, the inclusion of the name, address
or other information could reasonably be expected to threaten the safety or
mental or physical health of the holder or a member of the holder’s household.
(2) Where the tax administrator omits or obscures
information under subsection (1), such information must be obscured from all
assessment rolls that are available for public inspection under subsection
14(1) or are otherwise accessible to the public.
Chargeholders
16.(1) Any person holding a charge on assessable
property may, at any time, give notice, with full particulars of the nature,
extent and duration of the charge, to the assessor and request that his or her
name be added to the assessment roll in respect of that assessable property,
for the duration of the charge.
(2) On receipt of a notice and request under this
section, the assessor must enter the person’s name and address on the
assessment roll and provide copies of all assessment notices issued in respect
of the assessable property.
Assessment Notice
17.(1) The tax administrator [assessor] must, on or
before December 31 of each year [OR January 31 of each taxation year], mail an
Assessment Notice to every person named in the assessment roll in respect of
each assessable property, at the person’s address on the assessment roll.
(2) Where requested by the recipient, an
Assessment Notice may be e-mailed to a person named on the assessment roll, and
the Assessment Notice will be deemed to have been delivered on the date that
the e-mail is sent by the tax administrator [assessor].
(3) A person whose name appears in the assessment
roll must give written notice to the tax administrator [assessor] of any change
of address.
(4) Any number of interests in land assessed in
the name of the same holder may be included in one Assessment Notice.
(5) If several interests in land are assessed in
the name of the same holder at the same value, the Assessment Notice may
clearly identify the property assessed, without giving the full description of
each property as it appears in the assessment roll.
(6) The tax administrator [assessor] must
provide, to any person who requests it and pays to the assessor the fee of six
dollars ($6), the information contained in the current Assessment Notice sent
by the tax administrator [assessor].
PART VII
ERRORS AND
OMISSIONS IN ASSESSMENT ROLL
Amendments by Assessor
18.(1) Before March 16 in each year after the
certification of an assessment roll under section 11, the assessor must notify
and recommend correction to the Assessment Review Board of all errors or
omissions in the assessment roll, except those errors or omissions corrected
under subsection (2).
(2) Before March 16 in each year after the
certification of an assessment roll under section 11, the assessor may amend an
individual entry in the assessment roll to correct an error or omission, with
the consent of the
(a) holder of the interest in land; and
(b) the complainant, if the complainant is not
the holder.
(3) Without limiting subsection (1), the assessor
must give notice to the Assessment Review Board and recommend correction of the
assessment roll in any of the following circumstances:
(a) because of a change in a holder that occurs
before January 1 in a taxation year that is not reflected in the certified
assessment roll and that results in
(i) land or improvements, or both, that were
not previously subject to taxation become subject to taxation, or
(ii) land or improvements, or both, that were
previously subject to taxation cease to be subject to taxation;
(b) after October 31 and before the following
January 1, a manufactured home is moved to a new location or destroyed;
(c) after October 31 and before the following
January 1, a manufactured home is placed on land that has been assessed or the
manufactured home is purchased by the holder of land that has been assessed;
and
(d) improvements, other than a manufactured home,
that
(i) are substantially damaged or destroyed
after October 31 and before the following January 1, and
(ii) cannot reasonably be repaired or replaced
before the following January 1.
(4) Except as provided in section 19, or pursuant
to an order of a court of competent jurisdiction, the assessor must not make
any amendments to the assessment roll after March 31 of the current taxation
year.
(5) Where the assessment roll is amended under
subsection (1), the assessor must mail an amended Assessment Notice to every
person named in the assessment roll in respect of the interest in land
affected.
Supplementary Assessment Roll
19.(1) If, after the certification of the revised
assessment roll or where there is no revised assessment roll, after March 31,
the assessor finds that any interest in land
(a) was liable to assessment for the current
taxation year, but has not been assessed on the current assessment roll, or
(b) has been assessed for less than the amount
for which it was liable to assessment,
the assessor must assess the interest
in land on a supplementary assessment roll, or further supplementary assessment
roll, in the same manner that it should have been assessed on the current
assessment roll, provided that a supplementary assessment roll under this
section must not be prepared after December 31 of the taxation year in which
the assessment roll certified under section 11 applies.
(2) If, after the certification of the revised
assessment roll or where there is no revised assessment roll, after March 31,
the assessor finds that an interest in land
(a) was liable to assessment for a previous
taxation year, but has not been assessed on the assessment roll for that
taxation year, or
(b) has been assessed in a previous taxation year
for less than the amount for which it was liable to assessment,
the assessor must assess the interest
in land on a supplementary assessment roll, or further supplementary assessment
roll, in the same manner that it should have been assessed, but only if the
failure to assess the interest in land, or the assessment for less than it was
liable to be assessed, is attributable to
(c) a holder’s failure to disclose,
(d) a holder’s concealment of particulars
relating to assessable property,
(e) a person’s failure to respond to a request
for information under subsection
8(1), or
(f) a person’s making of an incorrect response
to a request for information under subsection 8(1),
as required under this Law.
(3) In addition to supplementary assessments
under subsections (1) and (2), the assessor may, at any time before
December 31 of the taxation year in which the assessment roll certified under
section 11 applies, correct errors and omissions in the assessment roll by
means of entries in a supplementary assessment roll.
(4) The duties imposed on the assessor with
respect to the assessment roll and the provisions of this Law relating to assessment
rolls, so far as they are applicable, apply to supplementary assessment rolls.
(5) Where the assessor receives a decision of the
Assessment Review Board after March 31 in a taxation year, the assessor must
create a supplementary assessment roll reflecting the decision of the
Assessment Review Board and this section applies.
(6) Nothing in this section authorizes the
assessor to prepare a supplementary assessment roll that would be contrary to
an amendment ordered or directed by the Assessment Review Board or by a court
of competent jurisdiction.
(7) A supplementary assessment roll that
implements an amendment ordered or directed by the Assessment Review Board or
by a court of competent jurisdiction may not be appealed to the Assessment
Review Board.
(8) The assessor must, as soon as practicable,
after issuing a supplementary assessment roll
(a) deliver a
certified copy of the supplementary assessment roll to the Council;
(b) where the supplementary assessment roll
reflects a decision of the Assessment Review Board, deliver a certified copy of
the supplementary assessment roll to the chair; and
(c) mail an amended Assessment Notice to every
person named on the assessment roll in respect of the interest in land
affected.
(9) Where a supplementary assessment roll is
issued under this Law, the supplementary assessment roll is deemed to be
effective as of the date the assessment roll was certified under section 11 in
respect of the assessable property affected.
PART VIII
RECONSIDERATION
OF ASSESSMENT
Reconsideration by Assessor
20.(1) A person named on the assessment roll in
respect of an assessable property may request that the assessor reconsider the
assessment of that assessable property.
(2) A request for reconsideration may be made on
one or more of the grounds on which an assessment appeal may be made under this
Law.
(3) A request for reconsideration of an
assessment must
(a) be delivered to the assessor within thirty
(30) days after the day that the Assessment Notice is mailed or e-mailed to the
person named on the assessment roll in respect of an assessable property;
(b) be made in writing and include the
information set out in Schedule VI; and
(c) include any reasons in support of the
request.
(4) The assessor must consider the request for
reconsideration and, within fourteen (14) days after receiving the request for
reconsideration, either
(a) advise the person who requested the
reconsideration that the assessor confirms the assessment; or
(b) where the assessor determines that assessable
property should have been assessed differently, offer to the person who
requested the reconsideration to modify the assessment.
(5) Where the person who requested the
reconsideration agrees with the modification proposed by the assessor, the
assessor must
(a) amend the assessment roll as necessary to
reflect the modified assessment;
(b) give notice of the amended assessment to the
tax administrator and to all other persons who received the Assessment Notice
in respect of the assessable property; and
(c) where a Notice of Appeal has been delivered
in respect of the assessable property, advise the Assessment Review Board of
the modification.
(6) Where the person who requested the
reconsideration accepts an offer to modify an assessment, that person must not
appeal the modified assessment and must withdraw any Notice of Appeal filed in
respect of the assessable property.
PART IX
ASSESSMENT
REVIEW BOARD
Council to Establish Assessment Review Board
21.(1) Council
must, by resolution, establish an Assessment Review Board to
(a) consider and determine all recommendations
from the assessor under subsection 18(1); and
(b) hear and determine assessment appeals under
this Law.
(2) The Assessment Review Board must consist of
not less than three (3) members, including at least one (1) member who is a
member of the law society of the Province and at least one (1) member who has
experience in assessment appeals in the Province [Note to First Nation: The
following wording is optional: and at least one (1) member who is a member of
the First Nation but not a member of Council].
(3) Each member of the Assessment Review Board
must hold office for a period of three (3) years unless the member resigns or
is removed from office in accordance with this Law.
(4) If a member of the Assessment Review Board is
absent, disqualified, unable or unwilling to act, Council may appoint another
person, who would otherwise be qualified for appointment as a member, to
replace the member until the member returns to duty or the member’s term
expires, whichever comes first.
Remuneration and Reimbursement
22.(1) The First Nation must remunerate
(a) a member of the Assessment Review Board [and
a replacement member appointed to act], other than the chair, for his or her
services at a rate of ________ dollars ($_______) per hour [or day], and
(b) the chair for his or her services at a rate
of ________ dollars ($_______) per hour [or day],
for time spent on activities related to
the Assessment Review Board.
(2) The First Nation must reimburse a member of
the Assessment Review Board [and a replacement member] for reasonable travel
and out of pocket expenses necessarily incurred in carrying out his or her
duties.
Conflicts of Interest
23.(1) A person must not serve as a member of the
Assessment Review Board if the person
(a) has a personal or financial interest in the
assessable property that is the subject of an appeal;
(b) is the Chief of the First Nation or a member
of Council;
(c) is an employee of the First Nation; or
(d) has financial dealings with the First Nation,
which might reasonably give rise to a conflict of interest or impair that
person’s ability to deal fairly and impartially with an appeal, as required
under the terms of this Law.
(2) For the purposes of paragraph (1)(a), membership
in the First Nation does not in itself constitute a personal or financial
interest in assessable property.
Appointment of Chair
24.(1) Council must, by resolution, appoint one of
the members of the Assessment Review Board as chair.
(2) The chair must
(a) supervise and direct the work of the
Assessment Review Board;
(b) undertake administrative duties as necessary
to oversee and implement the work of the Assessment Review Board;
(c) determine procedures to be followed at
hearings consistent with this Law;
(d)
administer an oath or solemn affirmation to a person or witness before his or
her evidence is taken; and
(e) preside at hearings of the Assessment Review
Board.
(3) If the chair is absent or incapacitated,
Council must designate a member of the Assessment Review Board as the acting
chair for the period that the chair is absent or incapacitated.
Appointment of Secretary
25.(1) Council must, by resolution, appoint a
secretary of the Assessment Review Board.
(2) The secretary of the Assessment Review Board
must
(a) have the custody and care of all records,
documents, orders and decisions made by or pertaining to the Assessment Review
Board; and
(b) fulfill such other duties as directed by the
chair and the Assessment Review Board.
Removal of Member
26. Council may terminate the appointment of a
member of the Assessment Review Board for cause, including where a member
(a) is convicted of an offence under the Criminal
Code;
(b) fails to attend three (3) consecutive
hearings of the Assessment Review Board; or
(c) fails to perform any of his or her duties
under this Law in good faith and in accordance with the terms of this Law.
Duty of Member
27. In performing their duties under this Law, the
members of the Assessment Review Board must act faithfully, honestly and
impartially and to the best of their skill and ability, and must not disclose
to any person information obtained by them as a member, except in the proper
performance of their duties.
PART X
APPEAL TO
ASSESSMENT REVIEW BOARD
Appeals and Assessor Recommendations
28. The Assessment Review Board
(a) must consider and determine assessor
recommendations made under subsection 18(1) for changes to the assessment roll;
and
(b) must hear and determine appeals made under
this Part.
Notice of Appeal
29.(1) Any person, including without limitation the
First Nation and the assessor, may appeal an assessment or a reconsideration of
an assessment of assessable property to the Assessment Review Board by
delivering
(a) a completed Notice of Appeal,
(b) a copy of the Assessment Notice, and
(c) an administration fee of thirty dollars
($30),
to the assessor within sixty (60) days
after the date on which the Assessment Notice was mailed or e-mailed to the
persons named on the assessment roll in respect of the assessable property.
(2) The address for delivery of a Notice of
Appeal to the assessor is [insert address].
(3) The grounds for an appeal may be in respect
of one or more of the following:
(a) the assessed value of the property;
(b) the assessment classification of the
property;
(c) the applicability of an exemption to the
property;
(d) any alleged error or omission in an
assessment or Assessment Notice; and
(e) the liability of the holder to taxation under
the Taxation Law.
(4) Where an appeal is commenced with respect to
a supplementary assessment, the appeal must be confined to the supplementary
assessment.
Agents and Solicitors
30. Where a complainant is represented in an
appeal through a solicitor or agent, all notices and correspondence required to
be given to the complainant are properly given if delivered to the solicitor or
agent at the address set out in the Notice of Appeal.
Scheduling of Hearing
31.(1) On delivery of a Notice of Appeal to the
assessor, or on receipt of a recommendation from the assessor under subsection
18(1), the chair must, in consultation with the assessor, schedule a hearing of
the appeal or the assessor recommendation.
(2) The chair must, at least thirty (30) days
before the hearing, deliver a Notice of Hearing setting out the date, time and
place of the hearing, to the parties and to each person named on the assessment
roll in respect of the assessable property.
(3) Notwithstanding subsection (2), the chair is
not required to deliver a Notice of Hearing to a holder of a property affected
by an assessor recommendation under subsection 18(1) where the recommendation
(a) results in a decrease in the assessed value
of the property;
(b) does not change the classification of the
property; and
(c) does not result in the removal of an
exemption.
Parties
32. The parties in a hearing, except as provided
in subsection 31(3), are
(a) the complainant;
(b) the holder of the assessable property, if not
the complainant;
(c) the assessor; and
(d) any person who the Assessment Review Board
determines may be affected by the appeal or assessor recommendation, upon
request by that person.
Delivery of Documentation
33. The assessor must, without delay, deliver a copy of any document
submitted by a party in relation to a hearing to all other parties.
Timing for Hearing
34. Subject to section 47, the Assessment Review
Board must commence a hearing within ninety (90) days after delivery of the
Notice of Appeal to the assessor or receipt of an assessor recommendation under
subsection 18(1), unless all parties consent to a delay.
Daily Schedule
35.(1) The chair must
(a) create a daily schedule for the hearings of
the Assessment Review Board; and
(b) post the daily schedule at the place where
the Assessment Review Board is to meet.
(2) The Assessment Review Board must proceed to
deal with appeals and assessor recommendations in accordance with the daily
schedule, unless the Assessment Review Board considers a change in the schedule
necessary and desirable in the circumstances.
Conduct of Hearing
36.(1) The Assessment Review Board must give all
parties a reasonable opportunity to be heard at a hearing.
(2) A party may be represented by counsel or an
agent and may make submissions as to facts, law and jurisdiction.
(3) The Assessment Review Board may conduct a
hearing whether the complainant is present or not, provided the complainant was
given notice of the hearing in accordance with this Law.
(4) The burden of proof in an appeal is on the
person bringing the appeal.
(5) In an oral hearing, a party may call and
examine witnesses, present evidence and submissions and conduct
cross-examination of witnesses as reasonably required by the Assessment Review
Board for a full and fair disclosure of all matters relevant to the issues in
the appeal.
(6) The Assessment Review Board may reasonably
limit further examination or cross-examination of a witness if it is satisfied
that the examination or cross-examination has been sufficient to disclose fully
and fairly all matters relevant to the issues in the appeal.
(7) The Assessment Review Board may question any
witness who gives oral evidence at a hearing.
(8) The Assessment Review Board may receive and
accept information that it considers relevant, necessary and appropriate,
whether or not the information would be admissible in a court of law.
(9) The Assessment Review Board may conduct its
proceedings by any combination of written, electronic and oral hearings.
(10) An oral hearing must be open to the public
unless the Assessment Review Board, on application by a party, determines that
the hearing should be held in camera.
Maintaining Order at Hearings
37.(1) The Assessment Review Board may, at an oral
hearing, make orders or give directions that it considers necessary to maintain
order at the hearing.
(2) Without limiting subsection (1), the
Assessment Review Board may, by order, impose restrictions on a person’s
continued participation in or attendance at a hearing and may exclude a person
from further participation in or attendance at a hearing until the Assessment
Review Board orders otherwise.
Summary Dismissal
38.(1) At any time after a Notice of Appeal is
received by the Assessment Review Board, the Assessment Review Board may
dismiss all or part of the appeal where it determines that any of the following
apply:
(a) the appeal
is not within the jurisdiction of the Assessment Review Board;
(b) the appeal was not filed within the
applicable time limit; or
(c) the complainant failed to diligently pursue
the appeal or failed to comply with an order of the Assessment Review Board.
(2) Before dismissing all or part of an appeal
under subsection (1), the Assessment Review Board must give the complainant an
opportunity to make submissions to the Assessment Review Board.
(3) The Assessment Review Board must give written
reasons for any dismissal made under subsection (1) to all parties.
Quorum
39.(1) A majority of the members of the Assessment
Review Board constitutes a quorum, provided that there shall not be less than
three (3) members present at any time.
(2) Where a quorum of the members of an
Assessment Review Board is not present at the time at which a hearing is to be
held, the hearing must be adjourned to the next day that is not a holiday, and
so on from day to day until there is a quorum.
Decisions
40. A decision of the majority of the members is a
decision of the Assessment Review Board and, in the case of a tie, the decision
of the chair governs.
Combining Hearings
41. The Assessment Review Board may conduct a
single hearing of two (2) or more appeals or assessor recommendations related
to the same assessment if the matters in each hearing are addressing the same
assessable property or substantially the same issues.
Power to Determine Procedures
42. Subject to this Law, the Assessment Review
Board has the power to control its own processes and may make rules respecting
practice and procedure to facilitate the just and timely resolution of the
matters before it.
Orders to Attend/Provide Documents
43.(1) At any time before or during a hearing, but
before its decision, the Assessment Review Board may make an order requiring a
person to
(a) attend a hearing to give evidence, or
(b) produce a document or other thing in the
person’s possession or control as specified by the Assessment Review Board,
by issuing an Order to Attend/Provide
Documents and serving it on the person at least two (2) days before the
hearing.
(2) Where an order is made under paragraph
(1)(a), the Assessment Review Board must pay to the person a twenty dollar
($20) witness fee plus reasonable travel expenses to attend and give evidence
before the Assessment Review Board.
(3) A party may request that the Assessment
Review Board make an order under subsection (1) to a person specified by the
party.
(4) Where a party makes a request under
subsection (3),
(a) the chair must
sign and issue an Order to Attend/Provide Documents and the party must serve it
on the witness at least two (2) days before the hearing; and
(b) a party requesting the attendance of a
witness must pay a twenty dollar ($20) witness fee plus reasonable travel
expenses to the witness to attend and give evidence before the Assessment
Review Board.
(5) The Assessment Review Board may apply to a
court of competent jurisdiction for an order directing a person to comply with
an order under this section.
Adjournments
44. The Assessment Review Board may
(a) hear all appeals or assessor recommendations
on the same day or may adjourn from time to time until all matters have been
heard and determined; and
(b) at any time during a hearing, adjourn the
hearing.
Costs
45. The Assessment Review Board may make orders
(a) requiring a party to pay all or part of the
costs of another party in respect of the appeal,
(b) requiring a party to pay all or part of the
costs of the Assessment Review Board in respect of the appeal,
where the Assessment Review Board
considers the conduct of a party has been improper, vexatious, frivolous or
abusive.
Reference on Question of Law
46.(1) At any stage of a proceeding before it, the
Assessment Review Board, on its own initiative or at the request of one or more
of the parties, may refer a question of law in the proceeding to a court of
competent jurisdiction in the form of a stated case.
(2) The stated case must be in writing and filed with
the court registry and must include a statement of the facts and all evidence
material to the stated case.
(3) The Assessment Review Board must
(a) suspend the proceeding as it relates to the
stated case and reserve its decision until the opinion of the court has been
given; and
(b) decide the appeal in accordance with the
court’s opinion.
Matters before the Courts
47. If a proceeding with respect to liability to
pay taxes in respect of assessable property that is the subject of an appeal is
brought before a court of competent jurisdiction
(a) before the hearing is to commence, the
hearing must be deferred until the matter is decided by the court;
(b) during the hearing, the hearing must be
adjourned until the matter is decided by the court; or
(c) after the hearing has concluded but before a
decision on the appeal is given, the decision must be deferred until the matter
is decided by the court.
Withdrawal of Appeal
48.(1) A complainant may withdraw an appeal under
this Part by delivering a Notice of Withdrawal to the Assessment Review Board.
(2) Upon receipt of a Notice of Withdrawal under
subsection (1), the Assessment Review Board must dismiss the matter set for its
consideration.
Delivery of Decisions
49.(1) The Assessment Review Board must, at the
earliest opportunity after the completion of a hearing, deliver a written
decision on the appeal or assessor recommendation to all parties.
(2) Any person may obtain a copy of a decision of
the Assessment Review Board from the tax administrator on request and payment
of a fee of ____ dollars ($____).
(3) The tax administrator may obscure or omit
personal information (other than name and address) and financial business
information from decisions provided under subsection (2), provided that assessment
and property tax information must not be obscured or omitted.
Delivery of Documents under this Part
50.(1) Delivery of a document under this Part may
be made personally or by sending it by registered mail, fax or e-mail.
(2) Personal delivery of a document is made
(a) in the case of an individual, by leaving the
document with the individual or with a person at least eighteen (18) years of
age residing at the individual’s place of residence;
(b) in the case of a first nation, by leaving the
document with the person apparently in charge, at the time of delivery, of the
administrative office of the first nation; and
(c) in the case of a corporation, by leaving the
document with the person apparently in charge, at the time of delivery, of the
head office or a branch office of the corporation, or with an officer or
director of the corporation.
(3) Subject to subsection (4), a document must be
considered to have been delivered
(a) if delivered personally, at the time that
personal delivery is made;
(b) if sent by registered mail, on the fifth day
after it is mailed;
(c) if sent by fax, at the time indicated on the
confirmation of transmission; or
(d) if sent by e-mail, at the time indicated in
the electronic confirmation that the e-mail has been opened.
(4) A document delivered on a non-business day or
after 17:00 local time on a business day must be considered to have been
delivered at 09:00 on the next business day.
Appeals
51.(1) An appeal lies from the Assessment Review
Board to a court of competent jurisdiction on a question of law.
(2) An appeal under subsection (1) must be
commenced within thirty (30) days of the delivery of the Assessment Review
Board’s decision under subsection 49(1).
PART XI
GENERAL
PROVISIONS
Disclosure of Information
52.(1) The tax administrator, the assessor, a
member of the Assessment Review Board, the secretary or any other person who
has custody or control of information or records obtained or created under this
Law must not disclose the information or records except
(a) in the course of administering this Law or
performing functions under it;
(b) in proceedings before the Assessment Review
Board, a court of law or pursuant to a court order; or
(c) in accordance with subsection (2).
(2) The assessor may disclose to the agent of a
holder confidential information relating to the property if the disclosure has
been authorized in writing by the holder.
(3) An agent must not use information disclosed
under subsection (2) except for the purposes authorized by the holder in writing
referred to in that subsection.
Disclosure for Research Purposes
53. Notwithstanding section 52, Council may
disclose information and records to a third party for research purposes,
including statistical research, provided
(a) the information and records do not contain
information in an individually identifiable form or business information in an
identifiable form; or
(b) where the research cannot reasonably be
accomplished unless the information is provided in an identifiable form,
the third party has signed an agreement with Council to comply with Council’s
requirements respecting the use, confidentiality and security of the
information.
Validity
54. Nothing under this Law must be rendered void
or invalid, nor must the liability of any person to pay taxes or amounts levied
under this Law be affected by
(a) an error or omission in a valuation or a
valuation based solely on information in the hands of an assessor or the tax
administrator;
(b) an error or omission in an assessment roll,
Assessment Notice, or any notice given under this Law; or
(c) a failure of the First Nation, tax
administrator or the assessor to do something within the required time.
Notices
55.(1) Where in this Law a notice is required to be
given by mail or where the method of giving the notice is not otherwise
specified, it must be given
(a) by mail to the recipient’s ordinary mailing
address or the address for the recipient shown on the assessment roll;
(b) where the recipient’s address is unknown, by
posting a copy of the notice in a conspicuous place on the recipient’s
property; or
(c) by personal delivery or courier to the
recipient or to the recipient’s ordinary mailing address or the address for the
recipient shown on the assessment roll.
(2) Except where otherwise provided in this Law
(a) a notice given by mail is deemed received on
the fifth day after it is posted;
(b) a notice posted on property is deemed
received on the second day after it is posted; and
(c) a notice given by personal delivery is deemed
received upon delivery.
Interpretation
56.(1) The provisions of this Law are severable,
and where any provision of this Law is for any reason held to be invalid by a
decision of a court of competent jurisdiction, the invalid portion must be
severed from the remainder of this Law and the decision that it is invalid must
not affect the validity of the remaining portions of this Law.
(2) Where a provision in this Law is expressed in
the present tense, the provision applies to the circumstances as they arise.
(3) Words in this Law that are in the singular
include the plural, and words in the plural include the singular.
(4) This Law must be construed as being remedial
and must be given such fair, large and liberal construction and interpretation
as best ensures the attainment of its objectives.
(5) Reference in this Law to an enactment is a
reference to the enactment as it exists from time to time and includes any
regulations made under the enactment.
(6) Headings form no part of the enactment and
must be construed as being inserted for convenience of reference only.
[Note to First Nation: Include this
repeal provision only if this law is repealing and replacing an existing
property assessment law.
Repeal
57. The ______ First Nation Property Assessment
By-law No. ___, as amended, is hereby repealed in its entirety.]
Force and Effect
58. This Law comes into force and effect on the
later of _____________ and the day after it is approved by the First Nations
Tax Commission.
THIS LAW IS HEREBY DULY ENACTED by
Council on the _____ day of _______________ , 20___ , at _________ , in the
Province of British Columbia.
A quorum of Council consists of
_________________ (___) members of Council.
[Name]
Chief
[please spell out the name]
[Name]
Councillor
[please spell out the name]
[Name]
Councillor
[please spell out the name]
SCHEDULE I
PROPERTY CLASSES
Class 1 - Residential
Class 2 - Utilities
Class 4 - Major Industry
Class 5 - Light Industry
Class 6 - Business and Other
Class 7 - Forest Land
Class 8 - Recreational Property/Non-Profit
Organization
Class 9 - Farm
SCHEDULE II
(Subsection
8(1))
REQUEST FOR INFORMATION BY ASSESSOR
FOR THE _______________ FIRST NATION
TO: ____________________________________________________________
ADDRESS: _____________________________________________________
DESCRIPTION OF INTEREST IN LAND: ___________________________
________________________________________________________________
DATE OF REQUEST: ____________________________________________
PURSUANT to section __ of the _____________________ First
Nation Property Assessment Law, 20___ , I request that you provide to me,
in writing, no later than ___________ [Note: must be a date that is at least
fourteen (14) days from the date of delivery of the request], the following
information relating to the above-noted interest in land:
(1)
(2)
(3)
If you fail to provide the requested
information on or before the date specified above, an assessment of the
property may be made on the basis of the information available to the assessor.
__________________________________________
Assessor for the _______________ First
Nation
Dated: ________________ , 20___ .
SCHEDULE III
(Subsection
9(2))
NOTICE OF ASSESSMENT INSPECTION
TO: ____________________________________________________
ADDRESS: ____________________________________________________
DESCRIPTION OF INTEREST IN LAND: ___________________________
(the
“assessable property”)
________________________________________________________________
DATE: ________________________________________________________
TAKE NOTICE that, pursuant to section ____ of the
______________________ First Nation Property Assessment Law, 20__ , the
assessor for the _____________ First Nation proposes to conduct an inspection
of the above-referenced assessable property on ______________ , 20___ at
_______ a.m./p.m.
If the above date and time is not
acceptable, please contact the assessor on or before ____________ [date], at
________________ [contact number], to make arrangements for an alternate time
and date.
If the assessable property is occupied
by a person other than you, you must make arrangements with the occupant to
provide access to the assessor.
AND TAKE NOTICE that if, on attending
at the assessable property, no occupant eighteen (18) years of age or older is
present or permission to inspect the assessable property is denied, the
assessor may assess the value of the assessable property based on the
information available to the assessor.
_________________________________________
Assessor for the ____________ First Nation
Dated: _______________ , 20___ .
schedule iv
(Subsection
14(3))
DECLARATION OF PURPOSE FOR THE USE OF
ASSESSMENT INFORMATION
I, _______________________ [name], of ______________________
[address], ____________ [city], _________ [province], ____________ [postal
code], declare and certify that I will not use the assessment roll or
information contained in the assessment roll to obtain names, addresses or
telephone numbers for solicitation purposes, whether the solicitations are made
by telephone, mail or any other means, or to harass an individual.
I further declare and certify that any
assessment information I receive will be used for the following purpose(s):
(1) a complaint or appeal under the __________ First
Nation Property Assessment Law, 20___ ;
(2) a review of an assessment to determine
whether to seek a reconsideration or appeal of the assessment; or
(3) other:
____________________________________________________
Signed: _______________________________
[please
print name]
Dated: __________________ , 20___ .
SCHEDULE V
(Subsection
17(1))
ASSESSMENT NOTICE
TO: ____________________________________________________
ADDRESS: ____________________________________________________
DESCRIPTION OF INTEREST IN LAND: ___________________________
________________________________________________________________
TAKE NOTICE that the assessment roll has been certified by the
assessor for the __________________ First Nation and delivered to the First
Nation Council.
The following person(s) is/are the
holders of the interest in land: [Name(s) & addresses]
The interest in land is classified as:
The assessed value by classification of
the interest in land is:
TOTAL ASSESSED VALUE: ________________
TOTAL ASSESSED VALUE LIABLE TO
TAXATION: ________________
AND TAKE NOTICE that you may, within
thirty (30) days of the date of mailing of this notice, request a
reconsideration of this assessment by delivering a written request for
reconsideration in the form specified in the ______________ First Nation
Property Assessment Law, 20___ . Within fourteen (14) days of receipt by
the assessor of your request for reconsideration, the assessor will review the
assessment and provide you with the results of the reconsideration. If the
assessor determines that the property should have been assessed differently,
the assessor will offer to modify the assessment.
AND TAKE NOTICE that you may, within
sixty (60) days of the date of mailing of this notice, appeal this assessment
to the Assessment Review Board. The Notice of Appeal must be in writing in the
form specified in the ______________ First Nation Property Assessment Law,
20___ .
_______________________________________________________
Tax Administrator for the
____________________ First Nation
Dated: _________________ , 20___ .
SCHEDULE VI
(Subsection
20(3))
REQUEST FOR RECONSIDERATION OF ASSESSMENT
TO: Assessor for the
____________ First Nation
[address]
PURSUANT to the provisions of the
_________ First Nation Property Assessment Law, 20___ , I hereby
request a reconsideration of the assessment of the following interest in land:
[description of
the interest in land as described in the Assessment Notice]
I am: ___
a holder of the interest in land
___
named on the assessment roll in respect of this interest in land
This request for a reconsideration of
the assessment is based on the following reasons:
(1)
(2)
(3)
(describe the reasons in support of the
request in as much detail as possible)
Address and telephone number at which
applicant can be contacted:
________________________________________________________________
________________________________________________________________
________________________________ ____________________________
Name of Applicant (please print) Signature of Applicant
Dated: ___________________ , 20___ .
SCHEDULE VII
(Subsection
29(1))
NOTICE OF APPEAL TO ASSESSMENT REVIEW BOARD
TO: Assessor for the
___________ First Nation
[address]
PURSUANT to the provisions of the
___________________ First Nation Property Assessment Law, 20___ , I
hereby appeal the assessment/reconsideration of the assessment of the following
interest in land:
[description of the assessable
property, including assessment roll number, as described in the Assessment
Notice]
The grounds for the appeal are:
(1)
(2)
(3)
(describe the grounds for the appeal in
as much detail as possible)
Complainant’s mailing address to which
all notices in respect of this appeal are to be sent:
________________________________________________________________
________________________________________________________________
Name and address of any representative
acting on complainant’s behalf in respect of this appeal:
________________________________________________________________
________________________________________________________________
The required fee of ______ dollars
($____) is enclosed with this Notice of Appeal.
_______________________________ ____________________________
Name
of Complainant (please print) Signature
of Complainant (or
representative)
Dated: ____________________ , 20___ .
NOTE: A copy of the Assessment Notice
must be enclosed with this Notice of Appeal.
SCHEDULE VIII
(Subsection
48(1))
NOTICE OF WITHDRAWAL
TO: Chair, Assessment
Review Board for the ____________ First Nation
[address]
PURSUANT to the provisions of the ___________________
First Nation Property Assessment Law, 20___ I hereby withdraw my appeal of
the assessment of the following interest in land:
Description of interest in land:
Date of Notice of Appeal:
__________________________________ ____________________________
Name of Complainant (please print) Signature
of Complainant (or
representative)
Dated: ____________________ , 20___ .
SCHEDULE IX
(Subsection
31(2))
NOTICE OF HEARING
TO: ____________________________________________________
ADDRESS: ____________________________________________________
DESCRIPTION OF INTEREST IN LAND: ___________________________
________________________________________________________________
Complainant in respect of this appeal: ________________________________
TAKE NOTICE that the Assessment Review Board will hear an
appeal/assessor recommendation from the assessment/reconsideration of the
assessment of the above-noted interest in land at:
Date: __________________ , 20___
Time:_______ (a.m./p.m.)
Location: ________________________________________________
[address]
AND TAKE NOTICE that you should bring
to the hearing [insert # copies] copies of all relevant documents in your
possession respecting this appeal.
A copy of the Assessment Notice and the
Notice of Appeal are enclosed with this notice, as well as copies of:
________________________________________________________________
________________________________________________________________
(all submissions and documents received
in respect of the appeal will be forwarded to all parties)
___________________________________
Chair, Assessment Review Board
Dated: ________________ , 20___ .
SCHEDULE X
(Subsection
43(1))
ORDER TO ATTEND HEARING/PRODUCE DOCUMENTS
TO: ____________________________________________________
ADDRESS: ____________________________________________________
TAKE NOTICE that an appeal has been made to the Assessment Review
Board for the ___________ First Nation in respect of the assessment of
____________________ [describe interest in land].
The Assessment
Review Board believes that you may have information [OR documents] that may
assist the Assessment Review Board in making its decision.
THIS NOTICE REQUIRES you to [indicate
the applicable provisions below]:
1. Attend
before the Assessment Review Board at a hearing at
Date: ________________ , 20___
Time: ________ (a.m./p.m.)
Location:
________________________________________________ [address]
to give evidence concerning the
assessment and to bring with you the following documents:
________________________________________________________________
________________________________________________________________
and any other documents in your
possession that may relate to this assessment.
A twenty dollar ($20) witness fee is
enclosed. Your reasonable travelling expenses will be reimbursed as determined
by the Assessment Review Board.
2. Deliver
the following documents [list documents] OR any documents in your possession
that may relate to this assessment, to the Chair, Assessment Review Board, at
____________________________________ [address] on or before
_________________________ .
Please contact ________________ at
_______________ if you have any questions or concerns respecting this Order.
______________________________
Chair, Assessment Review Board
Dated: ________________ , 20___ .
SCHEDULE XI
(Section 11
and subsection 12(2))
CERTIFICATION OF ASSESSMENT ROLL BY ASSESSOR
The assessor must certify the assessment roll in the following
form:
I, __________________ , being the
assessor for the _____________ First Nation, hereby certify that this is the
________ First Nation [revised/supplementary] assessment roll for the year
20___ and that this assessment roll is complete and has been prepared and
completed in accordance with all requirements of the ________________ First
Nation Property Assessment Law, 20___ .
_________________________________
(Signature of Assessor)
Dated ____________ , 20___ at _____________________ ,
______________ .
(City) (Province)