BILL 21
An Act to Amend the Assessment Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended
(a)  by repealing the definition “Register”;
(b)  by adding the following definition in alphabetical order:
“Review Register” means a Review Register maintained by the Director under subsection 26(1); (registre )
2 Section 12 of the Act is amended
(a)  by adding before subsection (1) the following:
12(0.1) In this section, “sales information” means the amount of consideration paid for the transfer of any real property and the date of such transfer.
(b)  in subsection (1) by striking out “subsections (2), (3), (3.1) and (3.2)” and substituting “subsections (2), (3), (3.01), (3.1), (3.2), (3.5) and (3.6)”;
(c)  by adding after subsection (3) the following:
12(3.01) Subsection (1) does not apply to sales information pertaining to the transfer of any real property after December 31, 2008.
(d)  by adding after subsection (3.4) the following:
12(3.5) If the Director considers it in the public interest to do so, the Director may furnish the information contained in an affidavit of transfer required in subsection 19(6) of the Registry Act to any Minister of the Crown in right of Canada or the Province.
12(3.6) Upon the application of any person and upon the applicant having served a notice of such application on the Director, a judge of The Court of Queen’s Bench of New Brunswick may order the Director to furnish the applicant with the information contained in an affidavit of transfer if the judge is satisfied that the information contained in the affidavit may be of use to the applicant in the enforcement or protection of any right of the applicant.
3 Subsection 12.2(1) of the Act is amended in the definition “assessor” by striking out “referrals” and substituting “requests for review of assessment”.
4 Section 15.2 of the Act is amended
(a)  in subsection (7) by striking out “referral” and substituting “request for review of assessment”;
(b)  in paragraph (11)(b) by striking out “referral” and substituting “request for review of assessment”.
5 The heading “REFERENCE OF ASSESSMENT” preceding section 25 of the Act is repealed and the following is substituted:
REVIEW OF ASSESSMENT
 
6 Section 25 of the Act is amended
(a)  by repealing subsection (1) and substituting the following:
25(1) Any person who receives an assessment and tax notice under section 21 or 22.1 or an amended assessment and tax notice under section 22 may, by a request for review of assessment, request the Director to review the assessment if the request is made within 30 days after the mailing of the assessment and tax notice or the amended assessment and tax notice.
(b)  in subsection (2) by striking out “notice of reference of assessment” and substituting “request for review of assessment”;
(c)  by repealing subsection (3) and substituting the following:
25(3) Every person who makes a request for review of assessment under subsection (1) shall set out in the request his or her full name, address including postal code and telephone number and provide full, complete and detailed reasons for objecting to the assessment.
(d)  by repealing subsection (4) and substituting the following:
25(4) The Director shall reconsider an assessment referred to in subsection (1) and shall vacate, confirm or vary the assessment, then send a notice to the person of his or her decision by mailing to the person a copy of all entries in the Review Register pertaining to the request for review of assessment together with a copy of the form for giving notice of appeal to the Board.
(e)  in subsection (5)
(i) by striking out “Where a reference” and substituting “Where a request for review of assessment”;
(ii) by striking out “the register pertaining to the reference” and substituting “the Review Register pertaining to the request for review of assessment”;
(f)  in subsection (6) of the English version by striking out “referred under subsection (1)” and substituting “referred to in subsection (1)”;
(g)  in subsection (8)
(i) by striking out “any reference” and substituting “any request for review of assessment”;
(ii) by striking out “a reference” and substituting “a request for review of assessment”.
7 The Act is amended by adding after section 25 the following:
Reference to Director before January 1, 2009
25.1 A notice of reference of assessment received by the Director before January 1, 2009, and any appeal pertaining to it shall be dealt with and completed in accordance with the law as it existed immediately before January 1, 2009.
8 Section 26 of the Act is amended
(a)  in subsection (1) by striking out “Referral Registers” and substituting “Review Registers”;
(b)  in subsection (2)
(i) in the portion preceding paragraph (a) by striking out “Referral Register” and substituting “Review Register”;
(ii) in paragraph (a) by striking out “reference” and substituting “request for review of assessment”;
(iii) in paragraph (b) by striking out “reference” and substituting “request for review of assessment”;
(iv) in paragraph (c) by striking out “reference” and substituting “request for review of assessment”;
(c)  in subsection (3) by striking out “Referral Register” and substituting “Review Register”;
(d)  in subsection (4) by striking out “Referral Registers” and substituting “Review Registers”.
9 Section 27 of the Act is amended
(a)  in subsection (1) by striking out “Where an assessment has been referred to the Director under section 25, the person making the reference” and substituting “If a person has made a request for review of assessment to the Director under section 25, the person”;
(b)  in paragraph (2)(b) by striking out “notice of reference of assessment” and substituting “request for review of assessment”.
10 Section 28 of the Act is amended by striking out “reference” and substituting “request for review of assessment”.
11 Subparagraph 29(1.2)(a)(ii) of the Act is amended in the portion preceding clause (A) by striking out “reference” and substituting “request for review of assessment”.
12 Section 32 of the Act is amended
(a)  in subsection (4) by striking out “the notice of reference of assessment and the Referral Register” and substituting “the request for review of assessment and the Review Register”;
(b)  by repealing subsection (5).
13 Subsection 37(2) of the Act is amended by striking out “thirty days” and substituting “60 days”.
CONSEQUENTIAL AMENDMENTS
Regulation under the Assessment Act
14(1) Paragraph 4(1)(j) of New Brunswick Regulation 84-6 under the Assessment Act is repealed and the following is substituted:
(j)  the request for review of assessment form.
14(2) Section 7 of the Regulation is amended by striking out “Referral Register” and substituting “Review Register”.
14(3) Section 11 of the Regulation is amended by striking out “referrals” and substituting “requests for review of assessment”.
14(4) Subsection 12(2) of the Regulation is amended by striking out “fourteen days” and substituting “30 days”.
14(5) Section 13 of the Regulation is repealed and the following is substituted:
Written submissions
13(1) All parties to an appeal shall file written submissions with the Board at least 15 days before the date set for the hearing.
13(2) With the consent of the parties to an appeal, the Chairperson may order that the Board may dispose of an appeal on the basis of the written submissions without an oral hearing.
13(3) If a party to an appeal fails to file a written submission within the time referred to in subsection (1) or subsection 14(1), the Board may dismiss the appeal or proceed to the hearing of the appeal.
14(6) Subsection 20(1) of the Regulation is repealed and the following is substituted:
20(1) After the Director has filed copies of the documents referred to in subsection 32(4) of the Act, the party appealing may adduce evidence in support of his or her appeal.
14(7) Section 24 of the Regulation is amended
(a)  in paragraph (3)(c) by striking out “fourteen days” and substituting “15 days”;
(b)  in paragraph (6)(b) by striking out “fourteen days” and substituting “15 days”.
Land Titles Act
15 Subsection 80(5) of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is amended by striking out “Subsections 19(7), (8) and (9) of the Registry Act, apply” and substituting “Subsection 19(7) of the Registry Act and subsections 12(3.5) and (3.6) of the Assessment Act apply”.
Regulation under the Real Property Tax Act
16 Paragraph 3(3)(v) of New Brunswick Regulation 84-210 under the Real Property Tax Act is repealed and the following is substituted:
(v)  the request for review of assessment form; and
Registry Act
17 Section 19 of the Registry Act, chapter R-6 of the Revised Statutes, 1973, is amended
(a)  by repealing subsection (8);
(b)  by repealing subsection (9).
COMMENCEMENT
18 This Act comes into force on January 1, 2009.

Chapter Outline Update
6
Strike out the entry for s.25 and substitute the following:
Request for review of assessment to Director25
8
Strike out the entry for s.26 and substitute the following:
Review Registers26
17 (c.R-6)
Strike out the entries for s.19(8) and (9) and substitute the following:
Repealed19(8), (9)