Local Improvements Forms Regulations, 1991, L-33.1 Reg 1

1 LOCAL IMPROVEMENTS FORMS L-33.1 REG 1 The Local Improvements Forms Regulations being Chapter L-33.1 Reg 1 (effective February 15, 1994) as amended by Saskatchewan Regulations 43/2007 and 122/2023. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 L-33.1 REG 1 LOCAL IMPROVEMENTS FORMS Table of Contents 1 Title 6 Subsection 33(2) form 2 Interpretation 7 Subsection 35(1) form 3 Forms prescribed 8 Coming into force 4 Form and manner of notice re section 15 Appendix 5 Repealed 3 LOCAL IMPROVEMENTS FORMS L-33.1 REG 1 CHAPTER L-33.1 REG 1 The Local Improvements Act, 1993 Title 1 These regulations may be cited as The Local Improvements Forms Regulations. 25 Feb 94 cL-33.1 Reg 1 s1. Interpretation 2 In these regulations, “Act” means The Local Improvements Act, 1993. 25 Feb 94 cL-33.1 Reg 1 s2. Forms prescribed 3 The forms set out in the Appendix to these regulations are prescribed as forms for the purposes of the Act. 25 Feb 94 cL-33.1 Reg 1 s3. Form and manner of notice re section 15 4(1) For the purposes of publishing a notice of the proposed local improvement pursuant to section 15 of the Act, the council shall publish the notice in Form A once each week for 2 successive weeks, at least 6 days apart. (2) For the purposes of subsection (1), the council shall publish the notice in at least 1 newspaper or other printed publication circulating widely in the municipality, unless: (a) in the opinion of the council, it is not feasible or practicable to do so; and (b) all or part of the contents of the notice are: (i) distributed by mail; (ii) published on a website or publicly distributed by other electronic means; or (iii) distributed by any other means of publishing or otherwise providing notice as long as notice is given within the same time frame and with the same frequency required by subsection (1). (3) For the purposes of subsection 15(3), the council shall send the notice of the proposed local improvement in Form B to the owner of every lot that will be liable to be specially assessed with respect to the proposed local improvement. 4 L-33.1 REG 1 LOCAL IMPROVEMENTS FORMS (4) Council shall provide the report mentioned in section 6 of the Act for proposed undertaking of a local improvement by any of the following means: (a) publication in a newspaper; (b) publication on the municipality’s website; (c) by mail or email; (d) distribution by any other electronic means 8 Dec 2023 SR 122/2023 s3. 5 Repealed. 8 Dec 2023 SR 122/2023 s4. Subsection 33(2) form 6 Form C is the form to be served by the council pursuant to subsection 33(2) of the Act. 22 Jne 2007 SR 43/2007 s3. Subsection 35(1) form 7 Form D is the form to be given by the board of revision pursuant to subsection 35(1) of the Act. 25 Feb 94 cL-33.1 Reg 1 s7. Coming into force 8(1) Subject to subsection (2), these regulations come into force on the day on which section 60 of The Local Improvements Act, 1993 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 60 of The Local Improvements Act, 1993 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 25 Feb 94 cL-33.1 Reg 1 s8. 5 LOCAL IMPROVEMENTS FORMS L-33.1 REG 1 Appendix FORM A [Subsection 4(1)] Notice of Proposed Local Improvement to be Published Pursuant to Section 15 of The Local Improvements Act, 1993 Notice is given that: 1. The council of the __________________ of ______________________________________ (class of municipality) (name of place) (R.M. number if applicable) proposes to pass a bylaw to undertake the following as a local improvement: Proposed Local Improvement(s) Description of Work Proposed Number or Service Timing Location From To and proposes to specially assess a part of the cost against the lands benefited by this local improvement. 2. The report mentioned in section 6 of the Act for proposed undertaking of a local improvement is available by ________________________________________________. (describe the method(s) by which the public can access the report) 3A. Owners of land to be specially assessed may petition against the proposed local improvement. The petition must be submitted to the clerk/administrator of the municipality not later than ________ a.m./p.m., on the _________day of _________________ , 20 ________. (time) (date) (month) (year) (This deadline must be set at least 21 days after the last publication of this notice.) To be successful, the petition must be signed by a majority in number of owners of lands to be specially assessed for the proposed local improvement, representing at least one-half of the assessed value of the land that is not owned by the municipality in the most recent assessment roll of these lands. Land owned by the municipality is not included for the purpose of determining the sufficiency of the petition. OR 3B. Owners of land to be specially assessed for this local improvement do not have the right to petition to prevent the undertaking of the local improvement, but council’s decision to undertake the local improvement is subject to the approval of the Saskatchewan Municipal Board. The Saskatchewan Municipal Board may decide to conduct a hearing into this matter. 6 L-33.1 REG 1 LOCAL IMPROVEMENTS FORMS 4. The council proposes to meet to consider a bylaw respecting this matter on (date not less than 21 days after the date of the last publication of the notice) the ______day of ____________ ,20 ______, at ________a.m./p.m. (date) (month) (year) (time) at ___________________________________ . (address of place of council meeting) Dated at _______________ , Saskatchewan, the _ day of ______________ , 20 ______ . (name of place) (date) (month) (year) ___________________________________________ Clerk or Administrator (as the case may be) 8 Dec 2023 SR 122/2023 s3. 7 LOCAL IMPROVEMENTS FORMS L-33.1 REG 1 FORM B [Subsection 4(3)] Notice of Proposed Local Improvement Sent or Delivered to Owner Pursuant to Subsection 15(3) of The Local Improvements Act, 1993 Owner’s Name: ________________________________________________________________ Address: ______________________________________________________________________ You are advised that: 1. The council of the _____________ of __________________________________________ (class of municipality) (name of place) (R.M. number if applicable) proposes to pass a bylaw to undertake the following as a local improvement: Proposed Local Improvement Description of Work Proposed N__u_m__b_e_r_ ___o_r_ S_e_r_v_i_c_e_ _______________T_i_m_i_n_g_ _______L__o_c_a_t_io_n_ ______F__r_o_m_ ___ __T__o_____ and proposes to specially assess a part of the cost against the lands benefited by this local improvement. 2. The report mentioned in section 6 of the Act for proposed undertaking of a local improvement is attached or is available by ___________________________________ . (describe the method(s) by which the owner can access the report electronically) 3. The estimated rate or actual rate (when available) or amount of the special assessment chargeable to your land for the proposed local improvement on the basis of ___________________________________________________________________ (describe the bases to be used in determining the special assessment, that is, per lot, per amount of area per amount of frontage, or other) is $ ____________________ . (Add explanation of any differences in rates and to what they apply.) (rate or estimated amount). 4. The special assessment is to be payable in ____________________________________ ___________________________________________________________________________ (describe the manner in which the special assessment will be payable, that is, lump sum, annual instalment or other) and the estimated amount of (each) payment for the lands described in this notice is $ ____________ to be paid in ____________ instalment(s). (estimated amount of payment) (number of) 8 L-33.1 REG 1 LOCAL IMPROVEMENTS FORMS 5. The council proposes to meet to consider a bylaw respecting this matter on (date not less than 21 days after the date of the last publication of the notice) the ______day of ___________________, 20 ,at _________ a.m./p.m. (date) (month) (year) (time) at ____________________________________________. (address of place of concil meeting) 6A. Owners of land to be specially assessed may petition against the proposed local improvement. The petition must be submitted to the clerk/administrator of the municipality not later than ________ a.m./p.m., on the _______ day of _______________ , 20 ______ . (time) (date) (month) (year) (This deadline must be set at least 21 days after the last publication of this notice.) To be successful, the petition must be signed by a majority in number of owners of lands to be specially assessed for the proposed local improvement, representing at least one-half of the assessed value of the land that is not owned by the municipality in the most recent assessment roll of these lands. Land owned by the municipality is not included for the purpose of determining the sufficiency of the petition. OR 6B. Owners of land to be specially assessed for this local improvement do not have the right to petition to prevent the undertaking of the local improvement, but council’s decision to undertake the local improvement is subject to the approval of the Saskatchewan Municipal Board. The Saskatchewan Municipal Board may decide to conduct a hearing into this matter. Dated at ___________, Saskatchewan, this ______ day of _______________, 20 ___ . (name of place) (date) (month) (year) ___________________________________________ Clerk or Administrator (as the case may be) 8 Dec 2023 SR 122/2023 s3. 9 LOCAL IMPROVEMENTS FORMS L-33.1 REG 1 FORM C [Section 6] Notice of Local Improvement Special Assessments and Board of Revision Sitting to be Served on Owners Pursuant to Subsection 33(2) of The Local Improvements Act, 1993 Owner’s Name: ________________________________________________________________ Address: ______________________________________________________________________ You are advised that: 1. The council of the ________________ of _________________________________________ (class of municipality) (name of place) (R.M. number if applicable) has had prepared a special assessment roll for the following local improvement: Local Improvement Description of Work N__u_m__b_e_r_ ___o_r_ S_e_r_v_i_c_e_ _______________T_i_m_i_n_g_ _______L__o_c_a_t_io_n_ _F__r_o_m_ ________ __T__o_____ and proposes to levy as a special assessment a part of the cost of this local improvement against lands owned by you at the following location: Land to be Specially Assessed Owner Plan No. Lot Block Subdivision Civic Address ____________________________________________________________________________ (if applicable) or, where applicable: (Portion of) Section ______ Township ________ Range _________ Meridian ______ 2. The total cost of this local improvement is $ ____________. The owners’ share of the (total cost) cost is $ __________________, and the municipality’s share is $ __________________ . (amount of owners’ share) (amount of municipality’s share) 3. Your lands are proposed to be specially assessed at the rate of $ _________________ (rate or amount) per _______ , for a total cost for your lands at the above location of $ ____________ . (bases of (total special special assessment) assessment for lot) 4. This special assessment is payable in (either) __________________________________ (describe method or methods in which special assessment is payable, that is a lump sum, prepayment or number of equal annual or other instalments) in the amount(s) of $ _______________ . Interest charges at the rate of __________% (amount of (applicable rate each instalment) of interest) per annum are included in calculating these amounts. (If applicable) 10 L-33.1 REG 1 LOCAL IMPROVEMENTS FORMS 5. This special assessment is calculated taking into account the following exemptions, reductions or adjustments authorized pursuant to The Local Improvements Act, 1993: ____________________________________________________________________________ ____________________________________________________________________________ (Describe the exemption, reduction or adjustment, if any, and the amount of change in the special assessment resulting from this: • flankage exemption for corner lots, • adjustments for sidewalk or curbing, • paving, • irregularly shaped lots, • agreements for agricultural lands or railway right of way or station grounds, • changes in circumstances, • lots unfit for building purposes, • other exemptions.) 6. The special assessment roll is open for inspection at the office of the assessor of the municipality during regular office hours until ________a.m. / p.m., (time) on the __________ day of ________________________________________, 20 ________ , (date) (month) (year) at _________________________________________________________________________ . (location of office) 7. If you desire to appeal this proposed special assessment, an appeal in writing stating the grounds of the appeal must be received at the office of the assessor during regular office hours not later than _____ a.m./p.m., on the ____day of ___________, 20 ____, (time) (date) (month) (year) You may use the attached “Notice of Appeal” to file your intention to appeal your special assessment, if you wish to do so. 8. The Board of Revision will sit to hear any appeals of proposed special assessments received by the time and date indicated above at _________ a.m./p.m., (time) on the __________ day of ________________________________________, 20 ________ , (date) (month) (year) at _________________________________________________________________________ . (location of sitting of Board of Revision) Dated at _____________ , Saskatchewan, this _____ day of ________________, 20 ___ . (name of place) (date) (month) (year) ___________________________________________ Clerk or Administrator (as the case may be) 11 LOCAL IMPROVEMENTS FORMS L-33.1 REG 1 Notice of Appeal To the Municipal Assessor: I hereby appeal against the special assessment levied on the following land(s): P__la__n_ N__o_._ ______L_o_t_ ___________B_l_o_c_k_ __S__u_b_d_i_v_i_s_io_n_ _______C__iv_i_c_ A__d_d_r_e_s_s_ ____________ (if applicable) or, where applicable: (Portion of) Section: ________ Township ________ Range _________ Meridian ______ with respect to the ________________________ carried out at ______________________ . (describe the local improvement) (give location of local improvement) My reason(s) for appealing are: __________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ ________________________________________________ Appellant’s Signature Appellant’s Name: Address: City/Municipality: Province: Postal Code: Home Phone #: Business Phone #: Fax #: Cell #: Email address: Dated at _____________ , Saskatchewan, this _____ day of ______________, 20 _____ . (name of place) (date) (month) (year) 8 Dec 2023 SR 122/2023 s3. 12 L-33.1 REG 1 LOCAL IMPROVEMENTS FORMS FORM D [Section 7} Board of Revision’s Notice of Proposed Special Assessment for Local Improvement Sent or Delivered to Owner Pursuant to Pursuant to Subsection 35(1) of The Local Improvements Act, 1993 Owner’s Name: ________________________________________________________________ Address: ______________________________________________________________________ You are advised that: 1. The council of the _____________ of __________________________________________ (class of municipality) (name of place) (R.M. number if applicable) has undertaken as a local improvement __________at or in the following location: (describe the work or service) Local Improvement Description of Work Number or Service Location From To 2. The total cost of the work or service incurred between _________ and ___________ (start date) (end date) was $ ___________________. The owners’ share of the cost is $ __________________ . (total cost) (amount) The municipality’s share of the cost is $ ________________. (amount) 3. A special assessment of $ ___________ per _____________will be levied against the (rate or amount) (bases of special assessment) lands benefited by the local improvement and such special assessment with interest added will be payable in ____________________________________________ . (describe manner in which the special assessment will be payable). (If more than one rate is used, these should be indicated and explanation added.) 4. You are served with this notice for the reason that the board of revision of the municipality, acting on an appeal to it, is of the opinion that your lands, as described in this notice, ____________________________________________________ (should be specially assessed/should not have been specially assessed/have been improperly assessed) with respect to the cost of the work or service. 13 LOCAL IMPROVEMENTS FORMS L-33.1 REG 1 5. It is proposed to specially assess your land as described in this notice for a total cost of $ ____________________calculated from the rate indicated above. (where applicable) (amount) 6. An adjourned sitting of the Board of Revision will be held on the ____________ day (date) of ____________, 20 _____, at _____ o’clock _____ a.m./p.m., at __________________ (month) (year) (time) (address of place of adjourned sitting) to determine this matter, at which adjourned sitting you, as owner of the lands described in this notice, shall have the opportunity to be heard by the board respecting this matter. 7. The land to which this notice relates is: Plan No. Lot Block Subdivision Civic Address (if applicable) or, where applicable: (Portion of) Section ______ Township _______ Range _________ Meridian _______ Dated at ___________, Saskatchewan, this ______ day of _______________, 20 ___ . (name of place) (date) (month) (year) ________________________________________ Secretary to the Board of Revision 25 Feb 94 cL-33.1 Reg 1; 22 Jne 2007 SR 43/2007 s4. 14 L-33.1 REG 1 LOCAL IMPROVEMENTS FORMS REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023