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Annual Report
- 1999
February 29, 2000
The Honourable Cathy McGregor
Minister of Municipal Affairs
Parliament Buildings
Victoria, British Columbia V8V 1X4
Dear Minister,
It is my pleasure to present the Annual Report of the Property Assessment Appeal Board for
the year ending December 31, 1999, in compliance with section 49 of the
Assessment Act.
Dianne Flood
Chair,
Property Assessment Appeal Board
Table
of Contents
The
Property Assessment Appeal Board
The Board's Role, Composition and Mandate
The Board's Activities in 1999
Where We Were
The Challenges in 1999
The Statistical Results
The Appeals the Board Completed in 1999
How the Board Resolved those Appeals
The Status of the Appeals Still Outstanding
Appeals from the Board
The Board's Operational Accountability and Finances
How the Board Accounts for its Operations
The Board's Budget and How it is Managed
The Costs of the Appeal Process
Our Future Direction, Challenges for 2000
Appendices
1 Board
Members as of December 31, 1999
2 How Does the Board Do Its Job?
3 Glossary of Terms
4 Summary of Outstanding Appeals at December
31, 1999
5 Appeals by Status and Region at December
31, 1999
6 Appealed Properties (Folios) and Value
- By Class
7 Change in Outstanding Appeals During
1999
8 Comparative Schedule of Results: Decisions
for 1999
9 Comparative Schedule of Results: Hearings
for 1999
10 Analysis of Expenditures and Outputs by
Calendar Year
11 Breakdown of Members' 1999 Per Diems
The
Property Assessment Appeal Board
The Board's primary
goal is to resolve assessment appeals appropriately and in a just, consistent,
timely and cost-efficient manner.
The Board's objectives
are:
- To resolve appeals
justly and consistently, in accordance with procedural fairness and
natural justice.
- To process appeals
as speedily as possible, at the minimum cost to all parties involved,
including the Board.
- To enhance the
parties' and the public's confidence in the Board and the assessment
appeal process.
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The
Board's Role, Composition and Mandate
The Board is a quasi-judicial
administrative board, established under the Assessment Act to hear
appeals from parties dissatisfied with a decision of the Property Assessment
Review Panel. As such, the Board plays an important part in ensuring the
accuracy and integrity of the assessment roll.
The Board comprises
a Chair/CEO and at least six members. For most of 1999, the Board was
composed of a full-time Chair, four full-time Vice Chairs, 18 part-time
members and the Registrar. Appendix 1 lists the Board members as at December
31, 1999.
The Board's mandate,
set by the Assessment Act, is to ensure the accuracy of assessments
and that assessments are at actual value applied in a consistent manner
in the municipality or rural area.
Details on how the
Board does its job are set out in Appendix 2, and a glossary of terms
used in this report is set out in Appendix 3.
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The
Board's Activities in 1999
Where We Were
In the early
and mid-1990s, for a variety of reasons, a significant backlog of appeals
developed. The backlog and delay in resolution had a negative impact on
all parties, especially taxpayers and local governments. The delay and
rising costs to parties and the Board were unacceptable to all concerned.
In 1998, a number
of initiatives were undertaken to resolve appeals in a just, consistent,
timely and cost-efficient manner, including:
- The Assessment
Act was amended to give the Board clear power to manage appeals,
conduct more effective hearings, enforce procedural orders and penalize
parties who did not comply.
- The Board adopted
new Rules of Practice and Procedure to support its new case management
process.
- The Board was restructured
and four full-time Vice Chairs were appointed.
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The
Challenges for 1999
The primary
challenge for the Board in 1999 was to continue to resolve appeals appropriately,
with the least possible delay and in the most efficient manner. To do
this, the Board needed to assess its new initiatives, build on its successes,
and continue to adapt and refine its processes as required.
Case
Management and Settlement Conferences
The Board made more extensive and effective use of its
case management powers to resolve appeals without hearings where possible,
and to focus hearings where required. A high level of success was achieved
in resolving difficult appeals without a hearing, reducing the related
costs and efforts of all parties. Equally as important, the parties are
part of the resolution, reducing the likelihood of further appeals in
subsequent years.
Hearings
Fewer appeals went to hearing, with more extensive use of the full-time
Vice Chairs to conduct hearings, more single member panels, shorter hearings
and more hearings by written submission or telephone, all of which resulted
in more effective use of time and effort.
Eliminating
the Backlog
The Board made substantial progress in eliminating the
backlog of appeals, reducing the number of outstanding appeals and providing
some finality to issues of uncertainty respecting the accuracy of the
roll. The Board is confident it will achieve its goal of resolving all
pre-1998 appeals by June, 2000 with limited exceptions due to the nature
of the property, the parties or the issue.
Dealing with
Current Appeals
In concert with the case management of the pre-1998 backlog, the Board
aggressively managed the related and other 1998 and 1999 appeals, and
substantially reduced the number of current appeals, avoiding the creation
of a new backlog of appeals. Earlier roll certainty, at less cost, is
the result.
Improved Information
The Board improved accessibility and customer service by providing more
and clearer information about how to prepare for and what to expect at
a hearing, especially for single-family residential appeals. A web site
was created to provide easier access to information about the Board.
The Board's
New Computer System
The Board's new computer system, the Property Assessment Appeal Management
System (PAAMS), was fully implemented. Savings have been achieved in terms
of both time and costs, while ensuring all appeals are actively moved
forward to resolution. Using this system the Board can, electronically:
- maintain all appeal
data
- record all appeal
activity
- record appeal results
- produce appeal
statistics
- track all appeals
to ensure active monitoring and follow-up
The system also preserves
all in-coming appeal related correspondence, and generates, distributes,
records and maintains all statutorily required correspondence and other
appeal related correspondence and documents.
The effects of these
efforts are clearly shown in the statistical results that follow.
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The
Statistical Results
The statistical reports
for 1999 (contained in Appendices 4 through 11) show the effect of the
Board's activities.
The
Appeals the Board Completed in 1999
In 1999, 2,152 active appeals were before the Board: 969
new appeals and 1,183 appeals carried over from 1998.
The Board completed 1,433 of
those appeals, or about 67%: 706 (or 73%) of the new appeals and 727 (or
61%) of the backlog appeals.
Only 719 appeals remained outstanding
as of December 31, 1999, a decrease of more than 400 from the previous
year end.
The value of the outstanding
appeals (in millions) at year end was $14,202, down from $20,747 as of
December 31, 1998, despite new appeals of $7,471 in 1999, for a total
reduction in the value of outstanding appeals of $14,016.
Some of the most notable results
in 1999 included:
As of December 31, 1998, 10,729
folios were under appeal, relating to the Commissioner's Rates for managed
forest land. (These appeals had been on hold, pending the court's decision
on judicial review in late 1998.) In 1999, through case management, over
8,900 of these folios were resolved, with the balance expected to be resolved
by Fall, 2000.
As of December 31, 1999, only
63 appeals remained outstanding in Area 09, City of Vancouver, down from
211 as of December 31, 1998, despite over 130 new appeals being filed
in 1999.
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How
the Board Resolved those Appeals
The tables and chart in Appendices 7 and 8 show the types
and number of Board orders made to finalize appeals in 1999.
Almost 1,200 appeals were resolved
without a formal hearing with only 228 appeals requiring a formal hearing
in 1999, a reduction from 272 hearings in 1998.
A total of 160 hearing days
were required (some appeals take more than one day, while on other days
more than one appeal was completed).
One hundred of the hearing
days were conducted by single person panels, compared to 44 such hearing
days in 1998. This increased use of single person panels translates into
savings of over $50,000 in per diem expenses alone.
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The
Status of the Appeals Still Outstanding The table in Appendix 4 shows the status of the 719 appeals
outstanding at the end of December, 1999.
Of those appeals,
439 were in active appeal management, with 46 appeals already scheduled
for hearings in 2000.
No action could be
taken on 253 appeals because the issues raised are pending determination
by court decisions. As soon as the court issues its decisions, the Board
will commence appeal management on the related files.
Decisions were in
process on 27 appeals, either after a hearing or as a result of a recommendation
or withdrawal. Once the decision is issued, those appeals will be complete.
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Appeals
from the Board
In 1999, the Board filed 18 stated cases from Board decisions
at a party's request. In addition, one application was filed for judicial
review of a Board decision, under the Judicial Review Procedure Act.
In 1999, the courts
dismissed four stated cases and referred another four back to the Board
for further consideration.
In another ten cases,
applications were made for leave to appeal to the Court of Appeal from
a decision of the Supreme Court. Six were granted, two were denied and
two were still pending as of December 31, 1999.
As at December 31,
1999, 14 outstanding cases were still before the BC Supreme Court, and
seven cases were outstanding before the BC Court of Appeal, with another
two cases for which leave to appeal applications might still be made.
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The
Board's Operational Accountability and Finances
While clearly independent
in its decision-making capacities, the Board is accountable to the Ministry
in its administrative operations.
The Board is responsible
for the funds allocated to it and has undertaken to make the best use
of the resources available to it.
The Board's expenditures
are recovered by the Province from the British Columbia Assessment Authority,
pursuant to section 17 (5) of the Assessment Authority Act. The
assessment appeal system (including the Board) is funded, in part, through
a levy imposed on properties subject to assessment.
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How
the Board Accounts for its Operations
The Board acknowledges its operational accountabilities
in a number of ways, including:
- preparing an annual
operating plan setting out goals, objectives, outcomes, key performance
indicators, quantifiable targets, and comparative baselines
- submitting quarterly
reports to the Minister setting out the Board's progress in meeting
its annual objectives
- in accordance with,
and as supported by, an Administrative Services Agreement with the Ministry
of Municipal Affairs, complying with government guidelines for financial,
human resource, and administrative practices and procedures
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The Board's Budget
and How it is Managed
Figure 2 shows the budgeted and actual Board expenditures for the past
five fiscal years and the budgeted and estimated expenditures for 1999/2000.
Salary and benefit
expenditures increased during 1999 for salary adjustments due to re-classification,
but payments for part-time members' per diems decreased as a result of
the full-time members taking on work previously performed by the part-time
members.
The total budget has
increased only marginally, less than 5% of the actual expenditures, from
1994/95 to 1999/2000, or about 1% per annum.
The Board expects
to operate within its current base budget allocation, and is continually
looking for ways to improve its financial performance.
Figure 2:
Budgeted Expenditures v. Actual - by Fiscal Year
|
Fiscal
Year
|
Budget
|
Actual*
|
Under/(Over)
|
%
|
|
1999/20001
|
$1,502,284
|
$1,512,000
|
($9,716)
|
(1%)
|
|
1998/99
1997/98
1996/97
1995/96
1994/95
|
$1,402,284
$1,392,700
$1,386,000
$1,379,544
$1,400,000
|
$1,777,431
$1,648,235
$1,335,114
$1,349,502
$1,438,810
|
($375,147)
($255,535)
$50,886
$30,042
($38,810)
|
(27%)
(18%)
4%
2%
(3%)
|
|
Total,
Past 5 Years
|
$6,960,528
|
$7,549,092
|
($588,564)
|
(8%)
|
|
* Projection
for fiscal year 2000
1
Expenditures for 1998/99 included approximately $380,000 in expenditures
for development of the Board's new computer based appeal management
system and for training to implement the Board's new appeal management
rules. Those expenditures were authorized by Treasury Board, to
a maximum of $455,000 during fiscal 1999. $75,000 remained unexpended
at year end, but will be spent during fiscal 2000.
|
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The
Costs of the Appeal Process
With the Property Assessment Appeal Management System (PAAMS),
it is possible to track and report some indicators of the Board's costs
of appeals. However, due to the quasi-judicial nature of its work, much
of what the Board does is not directly reflected or accurately quantifiable
in terms of dollars expended or saved. Further, the Board's efforts have
had cost-saving impacts on the parties, reported anecdotally but not quantifiable
by the Board itself.
Appendices 10 and
11 provide a breakdown of the Board's funds by appeals resolved during
the 1999 calendar year. As indicated in Appendix 10, the overall cost
per completed appeal is $993. This is an increase from 1998 when many
of the less contentious and less complex appeals were summarily disposed
of, which significantly decreased the average cost of an appeal in that
year.
As anticipated in
the 1998 Annual Report, the remaining backlog appeals were more complex
and less amenable to resolution, requiring more Board resources to resolve.
The extent of the actual savings as a result of the Board's new processes
will become more apparent as the more difficult outstanding appeals are
resolved, and the Board's portfolio of appeals is more balanced, including
a more representative proportion of simple to complex appeals.
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Our
Future Direction, Challenges for 2000
In 2000, the Board
must continue to build on its earlier successes and continue to look for
opportunities to enhance those successes.
In 1998, the Board
began the process to implement changes to achieve its goals and objectives.
In 1999, these changes were applied for the first time in the context
of a full roll year.
The challenges for
the Board in 2000 include:
- Providing earlier
certainty of the roll, and to reduce the risk to property owners and
local governments, by completing at least 70% of all appeals by resolution
or hearing within 12 months of the date filed;
- Continuing to re-direct
the parties' focus and efforts from the adversarial hearing process
to determining issues in a collaborative approach, to achieve resolution
of appeals in accordance with the statutory mandate;
- Encouraging more
pro-active self-management by the parties of non-contentious aspects
of appeals, where appropriate, so that the Board's resources can be
directed to resolving the contentious matters;
- Promoting early
discussion with the parties to identify those appeals with precedential
issues to ensure quick and timely attention and commitment of resources;
- Expanding appeal
management to include all appeals, even the less complex, to achieve
more resolutions through discussion, resulting in fewer hearings, or
to ensure hearing time is effective, and reducing costs to all parties;
- Vigilantly monitoring
and tracking all appeals and taking appropriate case management action,
so that a new backlog will not develop;
Increasing the use of settlement conferencing in the appeal process,
to provide greater opportunity for the parties to work toward a resolution
based on full and complete disclosure;
- Continuing discussion
of policies and procedures to ensure consistency and predictability
where appropriate;
- Fully implementing
the Board's web site to provide easy access to information about the
status of all current appeals and to all Board orders and decisions,
thus providing a user friendly research tool, reducing reliance on Board
staff;
- Ensuring that Board
decisions are well-reasoned and consistent, where appropriate, thereby
providing predictability of results and direction to other parties in
similar circumstances, to reduce or eliminate subsequent appeals on
the same issue.
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Appendix
1
Board
Members as of December 31, 1999
| Appointment |
Home
Location |
OIC
No. |
Term
Expiry Date |
Chair
Dianne Flood |
Richmond
|
319 |
|
Associate
Chair
M. Gwendolyne Taylor |
Victoria |
0093 |
January 31, 2000 |
Vice
Chairs
Robert Fraser
Janice Leroy
Cheryl Vickers
|
Victoria
Richmond
Vancouver |
0826
0827
0828 |
|
Registrar
Richard Rogers |
Richmond |
1156 |
|
Part-time
Members
Laura Acton
Robert Baird
Rosemary Barnes
Diane D'Angelo
Bernie Leong
Errol Nembhard
Barbara Passmore
Diann Roworth
John Symonds
Grace Taylor
Wes Umphrey
Candace Watson
|
Victoria
Merritt
Coquitlam
Penticton
Burnaby
Port Coquitlam
Victoria
Kelowna
Vancouver
Halfmoon Bay
Victoria
Vancouver
|
0095
0096
0098
122
0102
0103
123
125
0109
0110
0112
0113
|
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000
January 31, 2000 |
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Appendix
2:
How Does the Board Do Its Job?
The Initial Process
The Assessor is obligated
to complete the assessment roll by December 31 in the previous year, and
assessment notices are mailed to property owners on January 1.
The properties are
to be valued by the Assessor as of July 1 of the previous year, based
on the property's physical condition and use as of October 31 in that
year.
The 1999 roll was
completed by December 31, 1998 and the valuation date was July 1, 1998,
with a "state and condition" date of October 31, 1998.
A complaint to the
Property Assessment Review Panel must be filed no later than January 31.
The Review Panels conduct hearings over a six-week period, ending mid-March
in each year, and must make their decisions by April 1.
Appeals to the Board
must be filed by April 30. The number of appeals filed in a year may depend
on a number of factors, including market volatility during the previous
calendar year. The Board typically receives about 1,200 appeals annually.
What May be Appealed
to the Board?
Parties may appeal:
- the assessed value
and/or classification of a property;
- the granting or
withholding of an exemption to a property;
- an error or omission
in the assessment roll respecting the name of a person or respecting
land or improvements; or
- the omission or
refusal of the Property Assessment Review Panel to adjudicate a complaint
made to it.
In addition, the Board
is the first level of appeal against Commissioner's Rates and for appeals
under the Forest Land Reserve Act.
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Initial Processing
of Appeals
As soon as an appeal is filed, the Board starts work. All appeals are
processed as quickly as possible, to provide the earliest possible certainty
of the roll for both property owners and local governments.
The Board's first
step is to review each appeal to ensure that it has been filed within
the time set by the Act, the appropriate fee has been paid, and that there
are no deficiency or validity issues (that is, that the notice of appeal
meets the statutory requirements).
The next step is to
stream the appeals, according to a number of criteria including complexity,
and assign them for appeal management.
Types of Appeals
Valuation appeals to the Board range from single family residences and
recreation properties to hotels, shopping centres and office towers, marinas,
hydro generating stations, and pulp mills, to name just a few.
The classification
issues before the Board have included whether properties qualify for farm
classification, when land under construction is entitled to residential
classification, and the correct classification of shipping facilities
that serve industrial properties like grain elevators and loading facilities.
Exemption appeals
have included entitlement to the pollution abatement exemption and the
entitlement to an exemption for properties used for activities that are
of demonstrable benefit to all members of the community.
The Commissioner's
Rates appeals have involved fibre optic cables and how their value should
be determined and allocated.
Appeal Case Management
Case management is carried out primarily through appeal management conferences
(AMCs) conducted by the Registrar, Vice Chairs or the Chair.
An appeal management
conference may be held at the request of a party, but generally the Board
takes the initiative to arrange these conferences.
Appeal management
conferences are usually conducted by telephone, but may sometimes be held
in person.
Parties are required
to participate if they want to proceed with their appeal.
During a conference
the parties are required to discuss and clarify with each other and the
Board what is really at issue in an appeal.
The parties may be
ordered to produce documents and reports to each other and also, where
necessary, to the Board. The Board can make orders to compel parties to
meet these obligations. Depending on complexity and other factors, several
AMCs may be held for one appeal, or several appeals may be considered
at one AMC.
If a party fails to
comply with a Board order, the Board may sanction the party by requiring
them to pay costs, or in extreme cases, by dismissing the appeal.
The Board's case management
system ensures that the progress of virtually all appeals is tracked by
the Registrar and managed as necessary by either the Registrar, a Vice
Chair or the Chair.
[Return
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Recommendations and Withdrawals
Often appeal management is a catalyst for further discussions between
the parties. Sometimes an appellant will decide to withdraw the appeal.
In other cases, the parties may submit a recommendation to the Board for
an order to change the roll.
The Board carefully
reviews the reasons given by the parties for the proposed change. If it
is satisfied the proposed change is appropriate to ensure accuracy of
the roll, the Board will issue an order without a hearing being required.
Settlements
Parties may also be required to attend a settlement conference, conducted
by a Vice Chair trained in settlement and mediation skills. To ensure
any proposed settlement meets the Board's mandate of accuracy of the roll,
another Board member will review it before the Board issues an implementation
order.
Even if settlement
is not achieved on all matters in dispute, issues are inevitably narrowed
and a subsequent hearing will be a more effective use of time and other
resources.
Pre-Hearing Steps
If the appeal cannot be resolved without a hearing, the focus of appeal
management shifts to ensuring the parties are properly prepared for hearing,
and that both hearing and Board member time is used as efficiently as
possible.
To achieve this, the
Board may make a number of different types of orders, for example: the
preparation and production of statements of agreed facts, statements of
issues, evidence and legal principles, and witness lists.
The Board may also
order that appeals with common issues, similar properties or related owners
be heard together.
To meet its administrative
needs, and to ensure proper notice to the parties, appeals are scheduled
for hearing several weeks or months in advance. In the interim, recommendations
or withdrawals may still be submitted, and if accepted, the hearing will
be cancelled.
Natural Justice and
the Board
As a quasi-judicial tribunal determining rights, the Board must apply
the rules of natural justice and procedural fairness, so that the proceedings
are fair to both parties. In exercising its discretion under the Rules,
and in how it conducts appeal hearings, the Board has a duty to exercise
that discretion fairly.
While appeal management
will usually address these issues prior to the hearing, in a few limited
cases, a hearing may have to be adjourned to ensure all parties' rights
are properly addressed. While this may conflict with the Board's objective
to resolve appeals in a timely manner, the duty to be fair must be given
the highest priority.
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At the Hearing
In conducting its hearings, the Board usually follows a standard procedure,
which is similar to but less formal than court procedures. Information
sheets on the hearing procedures are made available to the parties in
advance of the hearings, so the parties can properly prepare for the hearing.
As such, the parties do not have to have a lawyer to represent them.
Also, the Board is
not required to apply the strict rules of evidence that a court would.
The Board may accept any evidence it thinks would be of assistance. In
cases that have been appeal managed, all evidence is usually disclosed
to the other party in advance of the hearing, so there are no surprises
at the hearing.
Depending on the nature
and complexity of an appeal, the hearing may be conducted by a single
Board member or a panel, usually composed of three members. Hearings may
vary in length, from less than one day to several weeks.
Where appropriate,
the Board may conduct a hearing by written submissions or by telephone.
The appeals that do
go to hearing often tend to involve complex appraisal issues or are appeals
for which a legal decision is required to provide direction for the future.
In these cases, appeal management ensures that the parties are prepared
so that hearing time is effectively and efficiently used.
Issuing Decisions
After conducting a hearing, the Board issues an order, setting out its
decision in writing, and provides its reasons for making the decision.
In making its decisions,
the Board must consider and weigh the evidence admitted at the hearing.
The Board must also consider any directions the court has given in previous
cases about how to interpret and apply the Assessment Act and Regulations.
In addition, while it is not bound by its earlier decisions on an issue,
the Board aims for consistency, or to explain any reason for an apparent
inconsistency with an earlier decision.
Writing the reasons
may take some time, due to the complexity of the hearing or other responsibilities
that require attention. All parties are sent a copy of the decision, and
if a change is ordered, the Assessor must amend the roll to reflect that
change.
In some cases, due
to the complexity of the issues, resolution may take months, or in limited
cases, even years. Often these appeals establish precedents for future
assessment rolls and may have impacts for more than just the property
under appeal. As a result, despite the Board's best efforts in that regard,
not all appeals will be resolved within the year they are filed.
Appeals from the Board
The Board's decisions on factual matters are final, and there is no right
of appeal.
However, a person affected by a decision of the Board may appeal on a
question of law only, by a stated case to the Supreme Court (Assessment
Act, s. 65(1)).
Stated cases may be
filed because a party thinks the Board was wrong in its decision or the
legislation and/or the case law on the issue is unclear, or the party
is dissatisfied with the current state of the law.
Stated cases must
be started within 21 days of receipt of the Board's decision. The Board
is required to prepare the stated case and file it with the Court within
a further 21 days.
A party may appeal
the decision of the Supreme Court to the Court of Appeal, with leave (permission)
of that court.
[Return
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Appendix
3:
Glossary
of Terms
Appeal Management
Conference (AMC)
AMCs are scheduled proceedings for an appeal, where the parties are given
notice and required to attend. Most are conducted by telephone. The parties
discuss the issues in the appeal and the Board can make a variety of orders.
In most cases, the appeal is scheduled for hearing at an AMC. Some complex
appeals may have several AMCs before the appeal is heard.
Appeal or Appeal
File
The unit, defined by the Board as a file, used for statistical and appeal
management purposes. An appeal file may involve appeals for one or more
roll numbers. Generally, the Board will only combine two or more roll
numbers into one file if they are appealed by the same party and have
a similar factual background, so that they can be managed and heard at
the same time.
Backlog
All outstanding appeals that were filed during a previous year (e.g.,
appeals filed in 1999 will become backlog appeals as of May 1, 2000).
Completion or Completed
Once the Board has issued a final order for all roll numbers involved
in an appeal, the appeal is classified as "Completed" and closed
(unless a Stated Case is filed). It is no longer considered an outstanding
appeal.
Decision in Progress
or Decision Pending
Where the Board has heard an appeal and is preparing a decision that will
complete the appeal, or is in the process of issuing a desk order for
an appeal, the status of the appeal will be classified as "Decision
in Progress" or "Decision Pending." The appeal will be
complete once the decision or order is issued.
Decision
All Board orders involve a decision, but this generally refers to the
Board's consideration of the evidence tendered at a hearing or through
written submissions. Generally, a decision includes an order to implement
the decision, and the panel's consideration of the evidence.
Desk Order
An order of the Board that is processed without a hearing, usually where
the parties to the appeal have agreed on the terms of the order (e.g.,
withdrawals and recommendations).
Folio
See "Roll Number."
Invalidity Order
If on an initial review, the Registrar determines that an appeal does
not meet the criteria required by the Assessment Act, he will issue an
opinion that the appeal is invalid. A party may request a review of that
initial determination. If after a review, the Board determines the appeal
is invalid, it will issue an order to that effect.
Outstanding Appeal
Any appeal with one or more unresolved roll numbers.
Pending Court/PAAB
Decision or Pending Precedent
The Board has a number of outstanding appeals involving issues that are
before the courts or, in some cases, before the Board in another appeal.
Where the Board determines that it would be more cost-effective for the
Board and the parties to leave determination of the appeal until after
the other court or Board decision, the appeal is put into this classification.
Per Diem
The amount paid to a Board member for a day's work (more than 4.5
hours). The current per diem rate is $250 per day. Members may be paid
$125 for a half-day's work.
Protective Appeals
The assessment roll is issued on an annual basis and an assessment must
be appealed to the Board each year, if there is disagreement with it.
Where there are outstanding appeals for a property's assessment going
back several years, the appeals filed in subsequent years are referred
to as "Protective." Resolution of the first year's appeal
generally results in resolution of all subsequent years.
Recommendation
Where the parties agree to changes to an assessment, they submit a joint
"Recommendation" to the Board. The Board reviews all recommendations
to ensure they are appropriate. If appropriate, the Board issues an order
implementing the changes agreed to.
Resolution or Resolved
See "Completion" or "Completed."
Roll Number
The distinctive number assigned to each entry on the assessment roll.
Generally every property has a roll number and receives an individual
assessment, although more than one property may be assigned one roll number,
where the properties comprise a single entity.
Scheduled for Hearing
Once an appeal has a specific hearing date scheduled and notices of the
hearing have been issued, the appeal is classified as "Scheduled
for Hearing." In most cases, the appeal will be resolved before the
hearing or will be resolved by a decision issued after the hearing.
Single Member Panel
(SMP)
Where only one member of the Board hears an appeal.
Status
The stage at which an appeal is at in the appeal process.
Withdrawal
Appellants may apply to the Board to withdraw their appeals before hearing.
If approved, the Board will issue a desk order permitting the withdrawal
and completing the appeal.
[Return
to Appendices]
Appendix
4:
Summary
of Outstanding Appeals at December 31, 1999
| APPEAL
STATUS |
OUTSTANDING
APPEALS
|
| TOTAL |
1999
APPEALS |
BACKLOG
APPEALS1 |
| Dec.
31/99 |
Dec. 31/99 |
Apr 30/99 |
Inc./(Decr.) |
Dec. 31/99 |
Dec. 31/98 |
Inc./(Decr.) |
Appeal Management
in Progress |
393 |
167 |
969 |
(82.8%) |
226 |
790 |
(71.4%) |
| Appeal
Mgmt/Settlement Conf. Sched. |
45 |
21 |
0 |
N/A |
24 |
130 |
(81.5%) |
| Protective (previous
year o/s for same property)* |
219 |
62 |
N/A |
N/A |
157 |
325 |
(51.7%) |
| Scheduled for
Hearing |
46 |
16 |
0 |
N/A |
30 |
111 |
(73.0%) |
| Pending Court/PAAB
Decision |
253 |
60 |
0 |
N/A |
193 |
173 |
11.6% |
| DECISION IN PROGRESS |
27 |
20 |
0 |
N/A |
7 |
121 |
(94.2%) |
| Total Outstanding
Appeals |
719 |
263 |
969 |
(72.9%) |
456 |
1,183 |
(61.5%) |
| $ Value of O/S
Appeals (millions) |
$14,202 |
$3,780 |
$7,471 |
(49.4%) |
$10,422 |
$20,747 |
(49.8%) |
| $ Value of "Pending
Court/PAAB Decision" Appeals (millions) |
$5,733 |
$1,540 |
$0 |
N/A |
$4,193 |
$2,176 |
92.7% |
| $ Value of "Active"
Appeals (millions) |
$8,469 |
$2,240 |
$7,471 |
(70.0%) |
$6,229 |
$18,571 |
(66.5%) |
1 "Backlog"
appeals means all outstanding appeals to the Board from the 1998 or earlier
rolls.
* These figures included in "Appeal Management in Progress."
Figure 1:
Status of Outstanding Appeals
[Return
to Appendices]
Appendix
5 -
Appeals by Status and Region at December 31, 1999
| Region |
Awaiting Decision/
Order
|
Pending Court/PAAB
Decision
|
Scheduled For
Hearing
|
Appeal Management
In Progress
|
Total Appeals
Outstanding
|
Appeal Management1:
|
Total Assessed
Value
($millions)
|
AMC/SC
Scheduled
|
Protective
Appeals
|
Vancouver
(Area 09) |
Dec.31/99 |
9 |
22 |
10 |
22 |
63 |
7 |
5 |
$6,255 |
| Dec.31/98 |
24 |
2 |
49 |
128 |
211 |
13 |
48 |
$7,476 |
| %Incr./(Decr.) |
(63%) |
1000% |
(80%) |
(83%) |
(70%) |
(46%) |
(90%) |
(16%) |
LowerMainland
(Areas 08, 10, 11,
12/13, 14, 15) |
Dec.31/99 |
7 |
77 |
8 |
102 |
194 |
22 |
36 |
$1,312 |
| Dec.31/98 |
29 |
42 |
24 |
206 |
304 |
34 |
64 |
$2,090 |
| %Incr./(Decr.) |
(76%) |
83% |
(67%) |
(50%) |
(36%) |
(35%) |
(44%) |
(37%) |
| Vancouver
Island (Areas
01, 04, 05, 06) |
Dec.31/99 |
2 |
27 |
17 |
176 |
222 |
4 |
142 |
$2,193 |
| Dec.31/98 |
21 |
23 |
7 |
228 |
259 |
41 |
127 |
$3,731 |
| %Incr./(Decr.) |
(90%) |
17% |
143% |
(23%) |
(14%) |
(90%) |
12% |
(41%) |
|
Interior
and
Northern
(Areas
16 to 27)
|
Dec.31/99 |
9 |
127 |
11 |
93 |
240 |
12 |
36 |
$4,443 |
| Dec.31/98 |
47 |
106 |
31 |
228 |
409 |
42 |
86 |
$7,450 |
| %Incr./(Decr.) |
(81%) |
20% |
(65%) |
(59%) |
(41%) |
(71%) |
(58%) |
(40%) |
| TOTAL
ALL REGIONS |
Dec.31/99 |
27 |
253 |
46 |
393 |
719 |
45 |
219 |
$14,202 |
| Dec.31/98 |
121 |
173 |
111 |
790 |
1,183 |
130 |
325 |
$20,747 |
| %Incr./(Decr.) |
(78%) |
46% |
(59%) |
(50%) |
(39%) |
(65%) |
(33%) |
(32%) |
1 Figures
for AMC/SC (Appeal Management Conference/Settlement Conference) Scheduled
and Protective Appeals are included in the numbers for Appeal Management
in Progress.

[Return
to Appendices]
Appendix
6:
Appealed Properties (folios) and Value - By Class
The purpose of this
table and charts is to show the breakdown of the properties* that are
the subject of outstanding appeals to the Board (as at December 31, 1999),
by classification and assessment year. They also show the total assessed
value of all appealed properties for each classification.
* This table lists the number of folios, or properties, rather than appeals.
Each appeal may involve one or more folios.
| Classification |
Outstanding
Appeals (Number of Folios) |
Total Assessed
values* ($millions)
|
| 1999 |
1998 |
1997 |
Pre-1997 O/S
|
TOTAL
All Years
|
|
O/S |
%
of Ini* |
O/S |
%
of Ini* |
O/S |
%
of Ini* |
Residential
Utilities
Unmanaged Forest
Major Industry
Light Industry
Business & Other
Managed Forest
Recreational/Non-profit
Farm
|
381
273
6
128
132
452
196
9
14 |
41%
78%
32%
77%
74%
43%
52%
31%
44% |
406
339
10
189
25
89
451
6
5
|
26%
77%
67%
64%
4%
6%
32%
15%
22%
|
191
31
2
149
117
125
146
3
8 |
20%
68%
29%
58%
33%
11%
15%
11%
35% |
350
713
3
345
218
261
1,385
8
30 |
1,328
1,636
21
811
492
927
2,178
26
57 |
$515
$2,274
$2
$2,983
$315
$7,380
$684
$45
$3 |
| Total
for all |
1,591 |
51% |
1,520 |
26% |
1,052 |
25% |
3,313 |
7,476 |
$14,201 |
* Percentage of folios
appealed to Board in year that remain outstanding
Breakdown
of Properties Appealed,
at December 31, 1999, by Classification |
Breakdown
of TOTAL ASSESSED VALUE
at December 31, 1999, by Classification |
 |
 |
[Return
to Appendices]
Appendix
7
Change in Outstanding Appeals During 1999
Table A examines the
changes during the reporting period in the status of appeals which were
outstanding at the beginning of the period.
| TABLE
A |
Outstanding
Appeals at
Dec. 31/98
|
New
Appeals |
Appeal Completion
Results
During Reporting Period
|
Outstanding
Appeals at
Dec. 31/99
|
% Completed
During Period
|
|
Invalid
|
Withdrawals
|
Recomm.
|
Decisions
|
|
Current Year
|
0
|
969
|
76 |
226 |
299 |
105 |
263 |
73% |
| Backlog |
1,183 |
0 |
7 |
321 |
269 |
130 |
456 |
61% |
| Total |
1,183 |
969 |
83 |
547 |
568 |
235 |
719 |
67% |
Table B provides a breakdown of the "backlog" row in Table
A.
| TABLE
B |
Commenced |
Outstanding
Appeals at
Dec. 31/98
|
Appeal Completion
Results
During Reporting Period
|
Outstanding
Appeals at Dec. 31/99
|
%
Completed
During Period |
|
Invalid
|
Withdrawals
|
Recomm.
|
Decisions
|
|
1998
|
1,555
|
527
|
5 |
136 |
151 |
93 |
142 |
73% |
| 1997 |
1,072 |
240 |
2 |
59 |
53 |
18 |
108 |
55% |
| 1996 |
1,238 |
141 |
0 |
45 |
26 |
9 |
61 |
57% |
| 1995 |
1,286 |
107 |
0 |
35 |
20 |
6 |
46 |
57% |
| 1994 |
1,976 |
95 |
0 |
24 |
17 |
3 |
51 |
46% |
| Pre-1994 |
8,231 |
73 |
0 |
22 |
2 |
1 |
48 |
34% |
| TOTAL |
15,358 |
1,183
|
7 |
321 |
269 |
130 |
456 |
61% |
Average backlog appeal
age (years) (excludes pre-1994 appeals) 3.07
[Return
to Appendices]
Appendix
8
Comparative Schedule of Results: Decisions for 1999
| MEASURE
OF RESULT |
RESULTS
FOR: |
| 19991 |
1998 |
1997 |
1996 |
| Decisions
and their Timeliness |
| less
than 60 days |
N/A |
N/A |
68
|
(17.4%) |
42 |
(16.9%) |
67 |
(23.6%) |
| 61
to 90 days |
N/A |
N/A |
63 |
(16.1%) |
61 |
(24.6%) |
56
|
(19.7%) |
| greater
than 90 days |
N/A |
N/A |
260 |
(66.5%) |
145
|
(58.5%) |
161 |
(56.7%) |
| Total
Decisions |
235 |
|
391 |
|
248 |
|
284 |
|
| %
of Decisions < 90 days |
N/A |
|
34% |
|
45% |
|
45% |
|
Average
# days,
Hearing to Decision2 |
91.5 |
|
105.5 |
|
112.2 |
|
112.8 |
|
| Recommendations
Processed |
568 |
|
544 |
|
540 |
|
657 |
|
Withdrawals/
Invalidity
Orders Processed |
630 |
|
1,077 |
|
480 |
|
523 |
|
Appeals
Dismissed
for Non Compliance1 |
6 |
|
12 |
|
0 |
|
0 |
|
| Average
Appeal Age (years) |
2.13 |
|
2.64 |
|
1.95 |
|
1.71 |
|
-
The Appeals Dismissed for Non Compliance are included in the numbers
for Withdrawals/Invalidity Orders Processed, above.
-
The Board was unable to produce accurate statistics on the number
of appeals where decisions were issued within 60 or 90 days of hearing.
The Board expects to have the information available, for comparison
purposes, in the 2000 Annual Report.
[Return
to Appendices]
Appendix
9
Comparative Schedule of Results: Hearings for 1999
|
Measure of Result
|
Results for:
|
|
1999
|
1998
|
1997
|
1996
|
|
Appeal
Management Conferences (AMCs)
# of
AMCs (PHCs pre-June/98) Conducted
# of Appeals Involved
RESULTS:
Appeal scheduled for hearing
Exchange of Expert Reports Ordered
Adjournment Granted
Adjournment Denied
Settlement Conference Scheduled
Further AMC Scheduled
Other Results/Orders
|
499
1,050
140
175
24
0
23
194
31
|
285
901
222
269
19
9
4
71
521
|
DATA
NOT
AVAILABLE
|
|
Hearing
Statistics
# of
Appeals Scheduled for Hearing
# of Appeals Heard
Heard as % of Scheduled
Adjournment applications granted
Granted as % of Hearings Scheduled
# of Hearing Days scheduled
# of Hearing Days proceeded
Heard as % of scheduled
# of Hearing Days held at AAB
% of Hearing Days at AAB
|
743
228
30.7%
115
15.5%
662
160
24.2%
67
41.9%
|
931
272
29.2%
173
18.6%
734
176
24.0%
65
36.9%
|
868
331
38.1%
96
11.1%
910
335
36.8%
133
39.7%
|
915
385
42.1%
106
11.6%
581
257
44.2%
161
62.6%
|
Single
Member Panel (SMP) Statistics
Total SMP Hearing Days in Period
As a % of Hearing Days
Estimated savings due to SMP |
10
62.5%
$50,000
|
44
25.0%
$29,500
|
17
5.1%
$10,500
|
21
8.2%
$10,500
|
|
Resolution
Statistics
Scheduled,
Resolved by Desk Order
Resolved as a % of Scheduled
Not Scheduled, Resolved by Desk Order
% Resolved W/O Scheduling
TOTAL, Resolved Without Hearing
% Resolved Without Hearing
Completed
Appeals per Appeal Heard
Completed
Appeals per Hearing Day
Average Hearing Length (days)
|
400
53.8%
798
55.7%
1,198
83.6%
6.3
9.0
0.70
|
486
52.2%
1,135
56.4%
1,621
80.6%
7.4
8.3
0.65
|
441
50.8%
579
45.7%
1,020
80.4%
3.7
3.7
1.01
|
424
46.3%
596
47.0%
1,020
80.4%
3.2
4.8
0.67
|
[Return
to Appendices]
Appendix
10
Analysis of Expenditures and Outputs by Calendar Year
The following figures
provide a breakdown of the Board's expenditures between January 1 and
December 31, 1999 and an analysis of the outputs created by those expenditures.
1998 and 1997 figures are provided for comparison.
Calendar
Year |
|
Expenditure
Type
|
| |
Salaries &
Benefits1
|
Members'
Per Diems
|
Travel
Expenses
|
Hearing
Facilities2
|
Office
Supplies
|
Occupancy
Expenses3
|
Systems &
Telecomm.
|
Training
Expenses
|
Misc.
Expenses
|
TOTAL
EXPENDITURES
|
| 19994 |
$870,889 |
$235,148 |
$75,784 |
$9,324 |
$28,892 |
$99,933 |
$79,219 |
$8,439 |
$15,226 |
$1,422,854 |
| 19985 |
$650,250 |
$567,405 |
$119,267 |
$9,522 |
$53,149 |
$148,201 |
N/A |
N/A |
$7,557 |
$1,555,351 |
| 1997 |
$367,117 |
$728,812 |
$107,649 |
$6,189 |
$45,724 |
$80,986 |
N/A |
N/A |
$53,584 |
$1,390,061 |
DOLLARS
EXPENDED PER: |
|
|
|
|
|
|
|
|
|
|
Desk
Order
Issued |
1999 (1198) |
$727 |
$196 |
$63 |
$8 |
$24 |
$83 |
$66 |
$7 |
$13 |
$1,188 |
| 1998 (1621) |
$401 |
$350 |
$74 |
$6 |
$33 |
$91 |
N/A |
N/A |
$5 |
$960 |
| 1997 (1068) |
$344 |
$682 |
$101 |
$6 |
$43 |
$76 |
N/A |
N/A |
$50 |
$1,302 |
Hearing
Day Held |
1999 (160) |
$5,443 |
$1,470 |
$474 |
$58 |
$181 |
$625 |
$495 |
$53 |
$95 |
$8,893 |
| 1998 (176) |
$3,695 |
$3,224 |
$678 |
$54 |
$302 |
$842 |
N/A |
N/A |
$43 |
$8,837 |
| 1997 (335) |
$1,096 |
$2,176 |
$321 |
$18 |
$136 |
$242 |
N/A |
N/A |
$160 |
$4,149 |
Appeal
Heard |
1999 (228) |
$3,820 |
$1,031 |
$332 |
$41 |
$127 |
$438 |
$347 |
$37 |
$67 |
$6,241 |
| 1998 (272) |
$2,391 |
$2,086 |
$438 |
$35 |
$195 |
$545 |
N/A |
N/A |
$28 |
$5,718 |
| 1997 (331) |
$1,109 |
$2,202 |
$325 |
$19 |
$138 |
$245 |
N/A |
N/A |
$162 |
$4,200 |
Decision
Issued
(after a hearing) |
1999 (235) |
$3,706 |
$1,001 |
$322 |
$40 |
$123 |
$425 |
$337 |
$36 |
$65 |
$6,055 |
| 1998 (391) |
$1,663 |
$1,451 |
$305 |
$24 |
$136 |
$379 |
N/A |
N/A |
$19 |
$3,978 |
| 1997 (248) |
$1,480 |
$2,939 |
$434 |
$25 |
$184 |
$327 |
N/A |
N/A |
$216 |
$5,605 |
Appeal
Completed
(decisions & desk orders) |
1999 (1,433) |
$608 |
$164 |
$53 |
$7 |
$20 |
$70 |
$55 |
$6 |
$11 |
$993 |
| 1998 (2,012) |
$323 |
$282 |
$59 |
$5 |
$26 |
$74 |
N/A |
N/A |
$4 |
$773 |
| 1997 (1,236) |
$297 |
$590 |
$87 |
$5 |
$37 |
$66 |
N/A |
N/A |
$43 |
$1,125 |
| More
detail for this expense is provided in Appendix 11 |
-
Includes expenditures on contracts for recording secretaries. Also
includes $412,887 for salaries and benefits for full-time Board members.
-
Expenditures for private conference facilities, where appropriate
government facilities not available.
- For 1997 and 1998, this category also includes expenditures for telecommunications,
computer system maintenance and routine acquisition and repair of furniture
and equipment.
- 1999 figures do not include one-time only, capital expenditures of
$267,114 related to completion of the Board's computer system.
- 1998 figures do not include $215,862 in one-time only expenditures
related to upgrading the Board's computer systems and equipment ($115,429),
reorganization of the Board's structure ($26,575) and implementation
of the Board's new appeal management regime ($73,858).
[Return
to Appendices]
Appendix
11
Breakdown of Part-Time Members' 1999 Per Diems
The following table
breaks down the per diem payments made to part-time1 Board
members during 1999 by type of duty. The right-hand portion of the report
calculates the number of days worked to produce each of the outputs listed.
Comparative figures for 1998 are included in parentheses.
DUTIES
PERFORMED: |
INPUTS |
OUTPUTS
- Days Worked per: |
Days
Worked |
Fees2 |
Full-Time
Equivalent3 |
%
of Total |
Appeal
Heard |
Hearing
Day |
Decision
Issued |
Appeal
Completed |
Preparation
(1998) |
160
(732) |
$43,267
($204,541) |
0.7
(3.2) |
18.4%
(36.0%) |
0.7
(2.7) |
1.0
(4.2) |
0.7
(1.9) |
0.1
(0.4) |
Travel
(1998) |
54
(137) |
$14,579
($38,258) |
0.2
(0.6) |
6.2%
(6.7%) |
0.2
(0.5) |
0.3
(0.8) |
0.2
(0.4) |
0.0
(0.1) |
Hearings/Mtgs
(1998) |
182
(343) |
$49,146
($95,736) |
0.8
(1.5) |
20.9%
(16.9%) |
0.8
(1.3) |
1.1
(1.9) |
0.8
(0.9) |
0.1
(0.2) |
Decision/Writing
(1998) |
474
(819) |
$128,156
($228,871) |
2.1
(3.6) |
54.5%
(40.3%) |
2.1
(3.0) |
3.0
(4.7) |
2.0
(2.1) |
0.3
(0.4) |
| TOTAL |
870
(2,030) |
$235,148
($567,405) |
3.8
(8.8) |
100.0%
(100.0%) |
3.8
(7.5) |
5.4
(11.5) |
3.7
(5.2) |
0.6
(1.0) |
- Does not include salaries of days worked by full-time Board members
(Chair and Vice Chairs).
- Board member fees (or per diem payments) are:
- $250 per day
- $275 per day, if acting as a panel chair
- These figures assume that 230 days (per diems) is equivalent to one
full-time member.
[Return
to Appendices]
|
|