BILL 32 – 2007
ASSESSMENT STATUTES AMENDMENT ACT, 2007

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

 
Assessment Act

1 Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended

(a) by adding the following definition:

"assessment authority" means the British Columbia Assessment Authority; ,

(b) by repealing the definition of "commissioner", and

(c) in the definition of "file" by striking out "commissioner" in both places and substituting "assessment authority".

2 Section 1 (1) is amended in the definition of "farm" by striking out "as such by the assessor" and substituting "as a farm under this Act".

3 Section 2 is amended by striking out "commissioner" and substituting "assessment authority".

4 Section 5 is repealed and the following substituted:

Splitting and grouping of parcels

5 (1) Without limiting subsection (2), if a building or other improvement extends over more than one parcel of land, those parcels, if contiguous, may be treated by the assessor as one parcel and assessed accordingly.

(2) For the purposes of section 20.2, parcels of land and parts of parcels of land may be treated by the assessor as one parcel and assessed accordingly.

5 Section 8 (1) is amended by striking out "commissioner" and substituting "board of directors of the assessment authority".

6 Section 12 is amended

(a) in subsection (4) by striking out "commissioner may," and substituting "assessor may," and by striking out everything after "section 3," and substituting "correct errors and omissions in a completed assessment roll by means of entries in a supplementary assessment roll.", and

(b) in subsection (5) by striking out "commissioner" and substituting "assessor".

7 Part 2 is amended by adding the following section:

Definition

13.1 In this Part, "authorized person" means any of the following:

(a) the assessor;

(b) an appraiser;

(c) any other employee of the assessment authority who is authorized by the assessment authority.

8 Section 14 is amended by striking out "The commissioner, the assessor or an appraiser" and substituting "An authorized person".

9 Section 15 is amended

(a) by repealing subsection (1),

(b) in subsection (2) by striking out "the commissioner may," and substituting "an authorized person may," and by striking out "the commissioner," and substituting "the authorized person,",

(c) in subsection (4) by striking out "The commissioner is" and substituting "An authorized person is", and

(d) in subsection (4) by striking out "the commissioner" in both places and substituting "the authorized person".

10 Section 16 is amended

(a) in subsections (1) to (4) by striking out "The commissioner" and substituting "An authorized person", and

(b) in subsection (1) (a) by striking out "commissioner" and substituting "authorized person".

11 Section 17 (2) is amended by striking out "the commissioner or assessor," and substituting "an authorized person,".

12 Section 19 is amended

(a) in subsection (1) by adding the following definition:

"strata accommodation property" means a strata lot in respect of which the following requirements are met:

(a) the strata lot is in a strata plan that, with or without contiguous strata plans, includes 20 or more strata lots;

(b) the strata lot is rented or offered for rent as overnight accommodation for periods of less than 28 days for at least the prescribed percentage of the
12-month period ending June 30 of the year previous to the taxation year for which the assessment roll is completed. ,

(b) in subsection (8) by striking out "commissioner" and substituting "assessment authority",

(c) in subsection (11) by striking out "commissioner" and substituting "board of directors of the assessment authority", and

(d) by adding the following subsections:

(1.1) For the purposes of the definition of "strata accommodation property", a strata lot is not rented or offered for rent as overnight accommodation if the strata lot is used or available for parking, storage or similar purposes or for commercial purposes other than overnight accommodation.

(14.1) The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing a percentage for the purposes of the definition of "strata accommodation property";

(b) respecting the inclusion of strata accommodation property in the class 1 property class for all or a portion of a year if specified conditions are met, which conditions may relate to any matters respecting the property, including matters other than the defined type or use of land and improvements included in that property class;

(c) providing that strata accommodation property is not included in the class 1 property class if the owner of the strata accommodation property, and if the owner is a corporation, any affiliate, as defined in the Business Corporations Act, of the owner, own more than a prescribed number or percentage of strata accommodation properties in a strata plan or in contiguous strata plans;

(d) requiring the owner of a prescribed type of strata lot to supply to the assessment authority, by a prescribed date, prescribed information respecting the property required by the assessment authority to assess the property, and different dates and information may be prescribed for different types of strata lots;

(e) in relation to property that is classified in 2 or more property classes, respecting the attribution of the actual value of the property to each class by the assessor.

13 The following section is added:

Continued classification of strata lot in class 1

19.1 (1) Despite the regulations under section 19, the assessor must classify a strata lot as being in the class 1 property class if

(a) except in respect of classifying the strata lot for the 2008 taxation year, the strata lot was classified as being only in the class 1 property class for the previous taxation year, and

(b) the strata lot meets the following requirements:

(i) the strata lot is in a strata plan that, with or without contiguous strata plans, includes 20 or more strata lots;

(ii) the strata lot is used or available for overnight accommodation;

(iii) the strata lot is not

(A) controlled or managed by one or more persons who control or manage 85% or more of the strata lots in the strata plan or contiguous strata plans referred to in subparagraph (i), or

(B) offered for rent, or rented, for periods of less than 7 days as overnight accommodation for at least 50% of the 12-month period ending on June 30 of the year previous to the taxation year for which the assessment roll is completed.

(2) For the purposes of subsection (1) (b) (ii), a strata lot is not used or available for overnight accommodation if the strata lot is used or available for parking, storage or similar purposes or for commercial purposes other than overnight accommodation.

14 Sections 20 (4) (a) and 20.1 (3) (a) are amended by striking out "section 19," and substituting "section 19 or 20.3,".

15 Sections 20 (5) and (6), 20.1 (4), 21 (1), (2), (4) to (6) and (9) to (11), 23 (1) and (7), 24 (1), in paragraph (e) of the definition of "managed forest land", (7), (8) (a) (ii) and (b) (ii), (9) and (10), 32 (2), 43 (2) (b) and 46 (4) are amended by striking out "commissioner" wherever it appears and substituting "assessment authority".

16 Sections 20 (5.1) (a), 20.1 (6) (a), 46 (4) and 74 (4) are amended by striking out "British Columbia Assessment Authority" and substituting "assessment authority".

17 The following section is added:

Special valuation rules for designated ski hill property

20.2 (1) In this section:

"assessment roll number" means the alphanumeric identifier described as an assessment roll number on an assessment roll and used to identify a particular property;

"designated ski hill property" means eligible property that is designated under subsection (4) (a);

"eligible property" means land identified by a specific assessment roll number, and any improvements on that land, if the following apply to the property:

(a) in the case of land on which there are improvements, all the improvements are recreational improvements;

(b) in the case of land on which there are no improvements, the land is necessarily incidental to the provision of recreational activities on a ski hill;

"recreational improvements" means improvements used to provide recreational activities on a ski hill, including

(a) lifts, tows, day-use facilities, parking facilities, trails, snowmaking piping, surfaced pathways, service roads or other facilities or works, and

(b) utilities that support the facilities or works referred to in paragraph (a) and that are not assessed as property in class 2 under the Prescribed Classes of Property Regulation.

(2) The actual value of designated ski hill property is the actual value as determined in accordance with the regulations.

(3) For the purposes of entry on the assessment roll, the actual value by classification of land and improvements that are designated ski hill property is the actual value of the designated ski hill property apportioned to the land and improvements in each property class in accordance with the regulations.

(4) For the purposes of this section, the Lieutenant Governor in Council may make regulations as follows:

(a) designating eligible property as ski hill property;

(b) establishing rates, formulas, rules or principles for determining the actual value of designated ski hill property;

(c) respecting the apportionment of the actual value of designated ski hill property between property classes and between land and improvements for the purposes of entry on the assessment roll.

(5) A designation under subsection (4) (a)

(a) is to be by assessment roll number, and

(b) applies to the land identified by the assessment roll number and to all improvements on that land, whether the improvements were on the land at the date of designation or added later.

(6) In order to be effective for a taxation year, a regulation under subsection (4) (a) must be in force on or before October 31 in the preceding year.

(7) Without limiting subsection (4) (b), regulations made under that subsection may do one or more of the following:

(a) determine actual value based in whole or in part on revenue relating to the designated ski hill property;

(b) treat designated ski hill properties as one designated ski hill property for the purposes of determining actual value and provide for the apportionment of the actual value between the designated ski hill properties;

(c) in determining actual value, provide for adjustments in respect of fluctuating revenues or actual value over a specified period.

(8) In making regulations under this section, the Lieutenant Governor in Council may do one or both of the following:

(a) define classes of designated ski hill properties;

(b) make different regulations for different designated ski hill properties or for different classes defined under paragraph (a).

18 The following section is added:

Special valuation rules for designated port land

20.3 (1) In this section:

"assessment roll number" means the alphanumeric identifier described as an assessment roll number on an assessment roll and used to identify a particular property;

"designated port land" means land that

(a) is designated under subsection (3) (a), and

(b) is assessed as property in the class referred to in section 20 (3);

"eligible port land" means land identified by a specific assessment roll number if the following apply to that land and the improvements on that land:

(a) the land is located next to a navigable waterway;

(b) the land and the improvements on that land are assessed, in whole or in part, as property in the class referred to in section 20 (3);

(c) the land and improvements on that land

(i) include one or more improvements that are assessed as property in the class referred to in section 20 (3) by reason of being industrial improvements within the meaning of paragraph (q) [sea going cargo loading and storage] of the definition of "industrial improvement" in section 20 (1), or

(ii) are used or held primarily in association with property that is otherwise eligible port land;

(d) the land and the improvements on that land, when considered as a whole, are not primarily used or held for the purpose of the transport of crude oil or petroleum fuel products or both, or for purposes that are ancillary to that transport;

(e) the improvements referred to in paragraph (c) (i) are not primarily used or held for the purpose of the transport of products from an industrial production or processing facility that is on the land or is near that land, or for purposes that are ancillary to that transport.

(2) The actual value of designated port land is,

(a) in respect of the first taxation year or that portion of the first taxation year to which this section applies to the designated port land, the prescribed actual value, and

(b) in respect of any subsequent taxation year, the actual value as determined in accordance with the regulations.

(3) For the purposes of this section, the Lieutenant Governor in Council may make regulations as follows:

(a) designating land that is eligible port land on the date of designation;

(b) prescribing the actual value of designated port land;

(c) establishing rates, formulas, rules or principles for determining the actual value of designated port land.

(4) A designation under subsection (3) (a)

(a) is to be by assessment roll number, and

(b) applies to the land that

(i) is identified by the assessment roll number, and

(ii) is assessed as property in the class referred to in section 20 (3).

(5) Subject to subsection (6), in order to be effective for a taxation year, a regulation under subsection (3) (a) must be in force on or before October 31 in the preceding year.

(6) If land

(a) is included on a supplementary roll under section 26 (5) (a), and

(b) is designated under subsection (3) (a) of this section,

the designation, regardless of when the regulation under subsection (3) (a) comes into force, is effective for that portion of the taxation year on and after the date that the assessor made the entry on the supplementary roll.

(7) Without limiting subsection (3) (c), in making regulations under that subsection, the Lieutenant Governor in Council may provide for

(a) the use of a consumer price index published by Statistics Canada under the Statistics Act (Canada), and

(b) any matters respecting the use of a consumer price index.

19 Section 23 (4) is amended by striking out "by the assessor".

20 Sections 26 (2), 27 (2) and 28 (2) are amended by striking out "section 19" and substituting "this Part".

21 Section 43 (2) (a) is repealed and the following substituted:

(a) appeals brought under section 50, .

22 Part 6 is amended by adding the following section:

Definition

49.1 In this Part, except in section 57, "appeal under this Part" includes an application for leave to appeal under section 50 (1.1).

23 Section 50 is amended by adding the following subsections:

(1.1) Subject to the requirements of subsections (2) to (4.2), an owner may, with leave of the board, appeal to the board if the owner failed to file a notice of complaint in respect of the owner's property within the time required under section 33 (2).

(4.1) In addition to the requirements under subsection (4), a notice of appeal for an appeal under subsection (1.1) must state the reasons why leave should be granted under subsection (4.3).

(4.2) All evidence on which the owner relies in support of the reasons why leave should be granted must be filed with the notice of appeal.

(4.3) The board may grant leave to appeal under subsection (1.1) if the board is satisfied that the owner's failure to file a notice of complaint within the time required under section 33 (2) was due to circumstances beyond the owner's control.

24 Section 51 (d) is repealed and the following substituted:

(d) the chief executive officer of the assessment authority; .

25 Section 52 (2) is repealed and the following substituted:

(2) The board may direct that any other person who may be affected by the appeal may be added as a party to the appeal, including, without limitation,

(a) a local government in respect of which the property is located, or

(b) the government.

26 Section 57 (4) is amended by striking out "commissioner" and substituting "assessment authority".

27 Section 62 (1) (b) is repealed and the following substituted:

(b) the chief executive officer of the assessment authority.

28 Section 65 is amended

(a) in subsection (1) by striking out "the government, the commissioner or an assessor acting with the consent of the commissioner," and substituting "the government or the assessment authority,", and

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

(b) the chief executive officer of the assessment authority.

29 Section 66 (1) and (1.1) is amended by striking out "commissioner" and substituting "assessment authority".

30 Section 68 is amended

(a) in subsections (1) and (3) by striking out "commissioner" and substituting "assessment authority", and

(b) in subsection (1) by striking out "in the commissioner's opinion," and substituting "in the opinion of the assessment authority,".

31 Sections 69 (1) and 74 (2) (f), (g) (i) and (h) and (3) are amended by striking out "commissioner" wherever it appears and substituting "assessment authority".

32 Section 74 is amended

(a) in subsection (2) by adding the following paragraph:

(h.1) requiring persons to supply to the assessment authority, by prescribed dates, information respecting the designated ski hill property owned, held or occupied by the person and revenue relating to the property required by the assessment authority to determine the actual value of the property;  , and

(b) by adding the following subsection:

(3.1) For purposes of any regulation made under subsection (2) (h.1), the information referred to in subsection (2) (h.1) must be segregated, in the manner specified by the assessment authority, according to the location of the property of the person.

 
Assessment Authority Act

33 Section 1 of the Assessment Authority Act, R.S.B.C. 1996, c. 21, is amended

(a) by repealing the definition of "assessment commissioner", and

(b) by adding the following definitions:

"board of directors" means the board of directors of the authority;

"chief executive officer" means the chief executive officer of the authority appointed under section 13;

"director" means a member of the board of directors; .

34 Section 2 is amended

(a) by renumbering the section as section 2 (1), and

(b) by adding the following subsection:

(2) Subsection (1) does not apply to a conflict between this Act and any of the following Acts:

(a) the Financial Administration Act;

(b) the Public Sector Employers Act;

(c) an Act prescribed by the Lieutenant Governor in Council.

35 Section 3 is amended

(a) in subsection (1) by striking out "members appointed under this Act and their successors." and substituting "board of directors appointed under section 11.", and

(b) by repealing subsections (2) to (4) and substituting the following:

(3) The authority may pay to a director

(a) an allowance set by the minister for reasonable travelling and incidental expenses necessarily incurred by the director in the discharge of duties as a director, and

(b) remuneration at rates set by the minister.

(4) A majority of the directors holding office constitutes a quorum at meetings of the board of directors.

36 Section 4 (2) is amended by striking out "corporation" and substituting "authority".

37 The following section is added:

Powers and duties of the board of directors

5.1 (1) The board of directors must manage the affairs of the authority or supervise the management of those affairs.

(2) The board of directors may do the following:

(a) by resolution or bylaw, exercise the powers and perform the duties of the authority under this Act or any other Act on behalf of the authority;

(b) by resolution or bylaw, delegate to another person the exercise of any power conferred or the performance of any duty imposed on the board of directors or the authority under this Act or any other Act, other than

(i) the power to delegate under this paragraph, and

(ii) the power to make regulations or orders under this Act or any other Act;

(c) pass resolutions and make bylaws it considers necessary or advisable for the management and conduct of the affairs of the authority, the exercise of the powers of the board of directors and the performance of the duties of the board of directors.

(3) The board of directors must submit to the minister reports in the form, with the information and at the time required by the minister.

38 Section 6 is amended

(a) in subsection (1) by striking out "members of the authority" and substituting "board of directors", and

(b) in subsection (2) by striking out "members" and substituting "board of directors".

39 Section 7 is amended by striking out "members who are at a meeting" and substituting "directors who are at a meeting of the board of directors".

40 Section 8 is amended by striking out "in the membership" and substituting "on the board of directors" and by striking out "members" and substituting "directors".

41 Section 10 (a) is repealed and the following substituted:

(a) to develop and administer a complete system of property assessment;

(a.1) to give directions respecting the preparation and completion of assessment rolls; .

42 Section 11 is repealed and the following substituted:

Appointment of directors and chair

11 (1) The board of directors consists of up to 12 directors.

(2) The Lieutenant Governor in Council may appoint an individual as a director for a term of up to 3 years.

(3) An individual may be reappointed as a director under subsection (2).

(4) The Lieutenant Governor in Council must appoint a director as chair of the board of directors.

(5) In appointing directors the Lieutenant Governor in Council should take into account regional interests.

43 Section 12 is repealed.

44 Section 13 (1) and (2) is repealed and the following substituted:

(1) The board of directors may

(a) appoint assessors, appraisers, officers and other employees of the authority that are necessary to carry on the business and operations of the authority,

(b) define their duties, and

(c) set their remuneration.

(2) The board of directors must appoint under subsection (1) an individual as the chief executive officer of the authority.

(2.1) The chief executive officer is responsible for general supervision, and direction of the operations, of the authority and its staff and must perform those duties that are specified in the resolutions of the board of directors.

(2.2) The chief executive officer may exercise all of the powers of an assessor.

45 Section 16 is amended by adding the following subsections:

(4) The authority must establish and maintain an accounting system satisfactory to the minister charged with the administration of the Financial Administration Act and must, whenever required by that minister, render detailed accounts of its revenues and expenditures for the period or to the date that minister designates.

(5) The minister charged with the administration of this Act or a person designated in writing by the minister may inspect, without notice, all books or records of account, documents and other financial records of the authority.

46 Section 22 (2) is amended by striking out "assessment commissioner" and substituting "authority".

47 The following sections are added:

Consultations

22.1 The minister may require the authority to consult on a matter, with any persons and within any period specified by the minister.

Policy directions

22.2 (1) The Lieutenant Governor in Council may, by regulation, issue policy directions to the authority with respect to the exercise of its powers or the performance of its duties under this Act or any other Act.

(2) The authority must comply with any policy directions issued under subsection (1).

Offences

22.3 Section 5 of the Offence Act does not apply to this Act or the regulations.

Transitional Provision

Transitional -- authority to make retroactive regulations
for 2007 taxation year under the Assessment Act

48 Despite section 20.3 (5) of the Assessment Act, if made before January 1, 2008, regulations under section 20.3 of that Act may be made retroactive to the extent necessary to apply for the purposes of the 2007 taxation year under that Act.

Consequential Amendments

 
British Columbia Transit Act

49 Section 1 (1) of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, is amended by repealing the definition of "assessment commissioner".

50 Section 15 (6) is amended by striking out "assessment commissioner" and substituting "British Columbia Assessment Authority".

 
Community Charter

51 Section 221 (3) (a) of the Community Charter, S.B.C. 2003, c. 26, is amended by striking out "assessment commissioner, in his or her discretion," and substituting "British Columbia Assessment Authority".

52 Section 224 (6) is amended by striking out "assessment commissioner" and substituting "British Columbia Assessment Authority".

53 Section 1 of the Schedule is amended by repealing the definition of "assessment commissioner".

54 Section 1 of the Schedule is amended by repealing the definition of "farm land" and substituting the following:

"farm land" means land classified under the Assessment Act as a farm; .

 
Greater Vancouver Transportation Authority Act

55 Section 25 of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended

(a) in subsection (1) by repealing the definition of "assessment commissioner", and

(b) in subsection (9) by striking out "assessment commissioner" and substituting "British Columbia Assessment Authority".

56 Section 131 is amended by repealing the definition of "commissioner".

57 Section 132 (1) is amended by adding "49.1," before "52".

58 Sections 137 (1), (2) and (3), 150 (b), 151 (a) and (b) and 167 (2) (c) are amended by striking out "assessment commissioner" wherever it appears and substituting "British Columbia Assessment Authority".

59 Section 163 is amended

(a) by adding the following subsections:

(1.1) Subject to the requirements of subsections (2) to (4.2), an owner may, with leave of the board, appeal to the board if the owner failed to file a notice of complaint in respect of the owner's property within the time required under section 155 (2).

(4.1) In addition to the requirements under subsection (4), a notice of appeal for an appeal under subsection (1.1) must state the reasons why leave should be granted under subsection (4.3).

(4.2) All evidence on which the owner relies in support of the reasons why leave should be granted must be filed with the notice of appeal.

(4.3) The board may grant leave to appeal under subsection (1.1) if the board is satisfied that the owner's failure to file a notice of complaint within the time required under section 155 (2) was due to circumstances beyond the owner's control. , and

(b) in subsection (6) by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:

(d) appeals brought under subsection (1.1) of this section.

60 Section 167 (3) is amended by striking out "assessment commissioner's" and substituting "British Columbia Assessment Authority's".

 
Islands Trust Act

61 Section 47 (7) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by striking out "assessment commissioner of the".

 
Local Government Act

62 Section 804.2 (1) and (2) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "assessment commissioner" and substituting "British Columbia Assessment Authority".

 
Municipal Aid Act

63 Section 2 (2) of the Municipal Aid Act, R.S.B.C. 1996, c. 324, is amended

(a) by striking out "commissioner appointed under the Assessment Authority Act" and substituting "British Columbia Assessment Authority", and

(b) by striking out "commissioner must" and substituting "British Columbia Assessment Authority must".

 
Police Act

64 Section 66.21 (4) of the Police Act, R.S.B.C. 1996, c. 367, is amended by striking out "assessment commissioner" and substituting "British Columbia Assessment Authority".

 
Taxation (Rural Area) Act

65 Section 15 (3) (a) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by striking out "assessment commissioner, in his or her discretion," and substituting "British Columbia Assessment Authority".

 
Vancouver Charter

66 Sections 374.4 (4) (b) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out "assessment commissioner" and substituting "British Columbia Assessment Authority".

67 Section 396 (3) (a) is amended by striking out "assessment commissioner, in his or her discretion," and substituting "British Columbia Assessment Authority".

68 Section 401 (2) is amended by striking out "Assessment Commissioner" and substituting "British Columbia Assessment Authority".

Commencement

69 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: