Land and Property Rights Tribunal Act

LAND AND PROPERTY RIGHTS TRIBUNAL ACT Chapter L‑2.3 Table of Contents 1 Interpretation Part 1 Establishment of Land and Property Rights Tribunal 2 Land and Property Rights Tribunal established 3 Appointment of members 4 Panels and quorum Part 2 Jurisdiction and Powers 5 Jurisdiction 6 Powers 7 Directors and other staff 8 Protection from liability 9 Contempt Part 3 Proceedings 10 Proceedings 11 Notice to attend or produce 12 Protection of witnesses 13 Extension of time 14 Signing of orders, etc. 15 Technical irregularities Part 4 Appeal and Judicial Review 16 Appeal 17 Judicial review 18 No stay 19 Standard of review Part 5 Regulations 20 Regulations Part 6 Transitional Provisions 21 Transitional 22 Transitional — regulations Part 7 Related Amendments, Consequential Amendments and Coming into Force 23-26 Related amendments 27-40 Consequential amendments 41 Coming into force Interpretation 1 (1) In this Act, (a) “chair” means the chair of the Tribunal; (b) “Court” means the Court of King’s Bench; (c) “existing legislation” means an Act or regulation that established or regulated a former board that existed immediately before the coming into force of this Act; (d) “former board” means (i) the Land Compensation Board, (ii) the Municipal Government Board, (iii) the New Home Buyer Protection Board, or (iv) the Surface Rights Board as it existed immediately before amalgamation under section 2; (e) “former member” means a member of any of the former boards; (f) “member” means a member of the Tribunal; (g) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (h) “Tribunal” means the Land and Property Rights Tribunal established under section 2. (2) Except as provided in this Act, words and phrases used in this Act have the meanings given to them in the existing legislation. 2020 cL-2.3 s1;AR 217/2022 Part 1 Establishment of Land and Property Rights Tribunal Land and Property Rights Tribunal established 2 The former boards are amalgamated, and the amalgamated entity is established as the “Land and Property Rights Tribunal”. Appointment of members 3 (1) The Lieutenant Governor in Council shall, on the recommendation of the Minister, appoint the members. (2) The Lieutenant Governor in Council shall designate one of the members to be the chair. (3) The members shall be paid (a) remuneration at the rates set by the Lieutenant Governor in Council, and (b) reasonable travelling and living expenses while carrying out duties as members away from home, in accordance with any applicable regulations under the Alberta Public Agencies Governance Act . (4) Subject to the regulations, the chair may delegate any power given to the chair under this Act. Panels and quorum 4 (1) The chair may (a) select a member or convene a panel of members to deal with a particular matter or class or group of matters, and (b) designate a member to chair a panel convened under clause (a). (2) The member selected or panel convened under subsection (1) may perform the functions of the Tribunal in respect of the particular matter or class or group of matters for which the member was selected or the panel was convened and when performing any of those functions has all the powers and jurisdiction of the Tribunal. (3) The chair may establish as many panels of members as the chair considers necessary to deal with any particular matter or class or group of matters on behalf of the Tribunal. (4) A majority of the members of a panel constitutes a quorum. (5) A decision of a majority of the members of a panel is the decision of the Tribunal. Part 2 Jurisdiction and Powers Jurisdiction 5 The Tribunal has jurisdiction (a) to hold hearings, proceedings and inquiries, hear complaints and appeals and determine disputes (i) with respect to expropriations under and referred to in the Expropriation Act ; (ii) under Part 12 of the Municipal Government Act ; (iii) under Part 5 of the New Home Buyer Protection Act, and (iv) with respect to any matter under or referred to in the Surface Rights Act, and (b) with respect to any other matter in respect of which the Tribunal has jurisdiction under this or any other Act. Powers 6 (1) In addition to the powers and duties given under the existing legislation, the Tribunal shall have the power to make rules respecting its practice and procedures and to regulate its own process. (2) The Tribunal has all the powers of a commissioner appointed under the Public Inquiries Act . (3) The Regulations Act does not apply to rules made under subsection (1). Directors and other staff 7 There may be appointed, in accordance with the Public Service Act , as many directors, case managers, inspectors, land examiners, legal counsel, officers and other staff as may be required to carry out the business of the Tribunal. Protection from liability 8 No action lies against the Tribunal, a member, an officer, employee or other staff of the Tribunal or a person appointed or engaged to perform a duty or exercise a power for the Tribunal, for anything done or omitted to be done by the Tribunal, member, officer, employee, staff or person, as the case may be, in good faith while exercising the powers and performing the duties under this Act. Contempt 9 A person who commits or does any act, matter or thing that would, if done in or in respect of the Court, constitute a contempt of the Court is in contempt of the Tribunal, and on an application by the Tribunal, the Court may commit that person for contempt of the Tribunal, and the Court has the same power of committal in respect of contempt of the Tribunal as it has in respect of contempt of the Court. Part 3 Proceedings Proceedings 10 (1) The Tribunal is not bound by the rules of evidence or any other law applicable to court proceedings and has the power to determine the admissibility, relevance and weight of any evidence in determining any matter within its jurisdiction. (2) The Tribunal may require any person giving evidence before it to do so under oath or affirmation and declaration. (3) The Tribunal has discretion to decide whether to record a hearing. (4) The Tribunal may adjourn any hearing or proceeding from time to time for any length of time as the Tribunal considers expedient or advisable. (5) The Tribunal may extend the time within which the Tribunal is to hear a matter before it and render a decision. (6) The Tribunal may hold its sittings at any place or places in Alberta from time to time. Notice to attend or produce 11 (1) When, in the opinion of the Tribunal, (a) the attendance of a person is required, or (b) the production of a document or thing is required, the Tribunal may cause to be served on a person a notice to attend or a notice to attend and produce a document or thing. (2) If a person fails or refuses to comply with a notice served under subsection (1), the Tribunal may apply to the Court and the Court may (a) issue a warrant requiring the attendance of the person before the Tribunal or the production by the person of a document or thing, or (b) commit the person for contempt. Protection of witnesses 12 A witness may be examined under oath, or affirmation and declaration, on anything relevant to a matter that is before the Tribunal and is not excused from answering any question on the ground that the answer might tend to (a) incriminate the witness, (b) subject the witness to punishment under this or any other Act, or (c) establish liability of the witness (i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act, but if the answer so given tends to incriminate the witness, subject the witness to punishment or establish liability of the witness, it must not be used or received against the witness in any civil proceedings or in any other proceedings under this or any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence. Extension of time 13 When a decision of the Tribunal requires something to be done within a specified time, the Tribunal may extend the time. Signing of orders, etc. 14 (1) Any order, direction or other document issued or made by the Tribunal may be signed on behalf of the Tribunal by the chair or any member, whether or not the chair or member so signing participated in any proceedings giving rise to the order, direction or document. (2) An order, direction or other document signed by the chair or a member under subsection (1) shall be admitted in evidence as proof, in the absence of evidence to the contrary, (a) that the order, direction or document is the act of the Tribunal, and (b) that the chair or member signing it was authorized to do so. Technical irregularities 15 (1) A decision of the Tribunal is not invalid because of a defect in form, a technical irregularity or an informality. (2) The Tribunal may correct any error or omission in its decision. Part 4 Appeal and Judicial Review Appeal 16 (1) The Tribunal may confirm, vary, quash or substitute a decision of its own with respect to a decision, order or administrative penalty that is being appealed to the Tribunal under the existing legislation or this Act. (2) An appeal before the Tribunal is a new hearing and the Tribunal may hear any evidence and issues during an appeal, whether or not they were raised before. (3) When hearing an appeal, the Tribunal may (a) consider the decision and record of the decision maker whose decision is appealed, including any documents, evidence, records, or other material before the original decision maker, and (b) adopt any or all of the documents, evidence, records or material referred to in clause (a) as part of its own record, in addition to the new evidence or other material raised during the appeal. Judicial review 17 (1) Where a decision of the Tribunal is the subject of an application for judicial review, the application must be filed with the Court and served according to Part 3 of the Alberta Rules of Court not more than 60 days after the date of the decision. (2) For matters under the Municipal Government Act , a notice of an application for judicial review of a decision referred to in subsection (1) must also be given to (a) a municipality, if the decision that is the subject of the judicial review relates to property that is within the boundaries of that municipality, and (b) the Minister. (3) Documents excluded from the public record of a hearing by the Tribunal remain excluded from the public record on judicial review unless otherwise ordered by the Court. (4) No member of the Tribunal is liable for costs by reason of or in respect of a judicial review under this Act. No stay 18 The commencement of an appeal or judicial review of a decision or order does not operate as a stay of proceedings or suspend the operation of the decision or order unless the Tribunal orders otherwise. Standard of review 19 On an application for judicial review of or leave to appeal a decision or order of the Tribunal or on an appeal of a decision or order of the Tribunal, the standard of review to be applied is reasonableness. Part 5 Regulations Regulations 20 (1) The Lieutenant Governor in Council may make regulations (a) respecting the application of this Act and the existing legislation; (b) respecting appointments of members, including eligibility for appointment; (c) respecting conflict of interest guidelines, codes of conduct and any other guidelines and policies in respect of the Tribunal and the members; (d) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with records or information under this Act and the existing legislation; (e) defining a word or expression used but not defined in this Act. (2) The Minister may make regulations (a) respecting the training and qualifications of members and the chair or the chair’s delegate; (b) respecting the setting by the chair of the date, time and location for a hearing before the Tribunal; (c) respecting the conditions under which the chair may appoint one member of the Tribunal to sit as a panel of the Tribunal; (d) respecting the functions of the Tribunal; (e) governing the disclosure of evidence in a hearing before the Tribunal; (f) governing hearings held in private before the Tribunal; (g) governing the excluding of documents from the public record by the Tribunal; (h) setting fees payable by applicants, complainants, parties, intervenors or others who appear at hearings before the Tribunal or at inquiries conducted by the Tribunal, and for obtaining copies of the Tribunal’s decisions and other documents; (i) respecting any matter that the Minister considers necessary or advisable to carry out the intent and purposes of this Act. Part 6 Transitional Provisions Transitional 21 On the coming into force of this Act, (a) despite anything in the Alberta Public Agencies Governance Act , former members shall be deemed to be appointed as members under this Act and shall be eligible to serve for a maximum term of 12 years, irrespective of the time served as former members, (b) the rules of procedure and practice of the former boards continue until repealed, amended or replaced by the Tribunal under this Act, (c) any action, appeal, application, complaint, hearing, inquiry or other proceeding commenced and not concluded before the coming into force of this Act continues under the existing legislation as if this Act has not come into force, and (d) any decision, determination or order made by any of the former boards before the coming into force of this Act is deemed to be a decision and order of the Tribunal under this Act. Transitional — regulations 22 The Lieutenant Governor in Council may make regulations (a) respecting the transitional application of the amendments made by this Act to the existing legislation or any other Acts, including the interpretation of any provision amended; (b) to remedy any confusion, difficulty, inconsistency or impossibility resulting from the amendments made by this Act to the existing legislation or any other Act; (c) to meet or remove any difficulty arising out of the transition to this Act. Part 7 Related Amendments, Consequential Amendments and Coming into Force 23 to 40 (These sections amend other Acts; the amendments have been incorporated into those Acts.) Coming into force 41 This Act has effect on June 2, 2021.