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Hearing Process

Hearing process

Your Notice of Hearing will provide you with the date and time of the hearing. When you arrive, check in with the Clerk so the Board is aware that you are present. The hearing will begin at the time noted and will start even if the parties are not present.

The Presiding Officer will commence the hearing and give a brief overview of what will occur: 

  1. You will make your presentation to the Board, including calling any witnesses that you my have.  Once all of your evidence is presented the Board may ask questions for clarification.
  2. Next the Respondent will present their evidence, including calling any witnesses, and the Board may ask questions for clarification of points. 
  3. Then you are given a chance to disprove any evidence provided by the Respondent.
  4. You will present your closing summary.
  5. The Respondent will present their closing summary.
  6. The Presiding Officer will confirm that both parties have presented their cases and will adjourn the hearing.

After the hearing is complete the Board will discuss all evidence presented and will make a decision regarding your complaint.  The Board will not present any decision on the day of the hearing; you will receive written notification within 30 days of the Board’s decision and the reasons forming that decision. 

The current legislation governing the Assessment Review Boards is contained in Part 11 of the Municipal Government Act  and Matters Relating to Assessment Complaints Regulation, 2018. This legislation sets out procedures and timelines that complainants must follow when submitting a complaint. 

If you do not adhere to these procedures and guidelines, the result may be that your complaint is invalid.

Preparing for the hearing

Once you have submitted your complaint, the Clerk will determine which Board will hear your complaint. There are two types of Assessment Review Boards. The Local Assessment Review Board (LARB) hears complaints about farmland and residential property with up to three dwelling units, and the Composite Assessment Review Board (CARB) hears complaints about residential property with four or more dwelling units and non-residential property i.e. Business, Commercial and Industrial.

Following the filing of your complaint, the Clerk will notify you of your hearing date along with the disclosure dates to submit your evidence. The hearing is your chance to prove that your assessment is incorrect or unfair.

Once the hearing date has been set, you will need to pay strict attention to the disclosure dates identified in your hearing notice. Any information that has not been provided to the Board and the opposing party will not be heard by the Assessment Review Board, therefore, you must be aware of the following timelines:

For a complaint to be heard by a LARB:

  • Complainant1 MUST submit their evidence 21 days before the hearing date;
  • Respondent2 MUST submit their evidence 7 days before the hearing date; and
  • Complainant MUST submit their rebuttal 3 days before the hearing.

For a complaint to be heard by a CARB:

  • Complainant MUST submit their evidence 42 days before the hearing date,
  • Respondent MUST submit their evidence 14 days before the hearing date, and
  • Complainant MUST submit their rebuttal 7 days before the hearing.

Parties are obligated to and MUST ensure the opposing party has received their evidence.

Evidence – What is Evidence?

Evidence is the information you will use to prove your assessment is incorrect or unfair. You are responsible for gathering all the information that will demonstrate your case. Your evidence MUST include:

  • All relevant facts supporting the matters of complaint described on the complaint form;
  • All documentary evidence to be presented at the hearing;
  • A list of witnesses who will give evidence at the heating;
  • A summary of testimonial evidence;
  • The legislative grounds and reason for the complaint; and
  • Relevant case law and any other information that the complainant considers relevant.

Types of Evidence:

  • A written submission, notes taken from viewing the assessment roll.
  • Documents – registry searches, sales data, MLS listings, repair estimates, appraisals etc.
  • Photographs and maps.
  • Written views of a realtor or appraiser.

Assessment Review Board

Email: arb@rmwb.ca 

Mail:
Clerk, Assessment Review Board 9909 Franklin Avenue, Fort McMurray AB T9H 2K4

In-person Delivery:
7th Floor, Jubilee Centre
9909 Franklin Avenue, Fort McMurray AB

Fax: 780-743-7028

Assessment Services Branch

Email: assessment.taxation@rmwb.ca 

Mail: Assessment Services Branch
Regional Municipality of Wood Buffalo
9909 Franklin Avenue, Fort McMurray AB T9H 2K4

In-person Delivery: 3rd Floor, Jubilee Centre
9909 Franklin Avenue, Fort McMurray AB

Fax: 780-743-7050

Paper Copies

For the hearing, the parties MUST bring five paper copies of their evidence to the hearing; three hard copies for the board, one hard copy for the opposing party and one hard copy for the record. These copies must be handed in to the Clerk at the commencement of the hearing.

  • Parties must check in with the Clerk upon arrival at the hearing.
  • The hearing is called to order and board members are introduced.
  • The parties introduce themselves.
  • The presiding officer outlines the hearing process.
  • The Clerk introduces the assessment complaint.
  • The complainant presents his/her case.
  • The respondent/assessor and board members may ask questions to the complainant.
  • The respondent presents his/her case.
  • The complainant and the board members may ask questions to the respondent.
  • The complainant presents the rebuttal evidence, followed by questions if any.
  • Summaries from the parties.
  • Closing instructions from the Board, a written decision will be issued 30 days following the close of the hearing.

Virtual Participation Protocol

Whilst attendance at the hearing is not required, we recommend that you do attend your hearing, parties may have someone (an agent, friend or family member) to speak on their behalf. If you choose to have someone appear on your behalf, you must complete the Agent Authorization Form. If you do not attend the hearing, the hearing will still continue as scheduled, the Board will consider the complaint based on the information (evidence filed) that was submitted.

Tax Consultants – Please note if a number of complaints are filed on similar property types, and you wish for them to be heard consecutively, you must notify the Clerk as soon as possible.

A request to reschedule must be made by completing the “Request for Postponement” form. Your request must contain reasons for the postponement. If granted by the Board, the Clerk will schedule a new hearing date. If denied, the hearing will proceed as scheduled.

If you wish to withdraw your complaint the “Withdrawal of a Complaint” form must be submitted to the Clerk as soon as possible.

If the assessment review board makes a decision in favour of the complainant, or if all issues under complaint are corrected by agreement between the complainant and the assessor and the complaint is withdrawn prior to the hearing, the filing fee will be refunded.

Your evidence is a written submission of the facts to support your case and prove your assessment is incorrect (too low or too high). You are responsible for gathering all the information needed to demonstrate your case.

Evidence can include documents like sales data, MLS listings and appraisals. It can also include photographs, maps and the written views of a realtor or appraiser.

Look at the recent sale prices of properties that sold close to July 1 in the previous year that are comparable to yours in terms of the following characteristics or features:

  • location (neighbourhood, access to transportation, open space, etc.)
  • services (near schools, recreation facilities, shopping, etc.)
  • size of lot
  • size and age of house
  • landscaping
  • number and size of bedrooms/bathrooms
  • basement (finished or unfinished)
  • fireplaces
  • garage/carport, outbuildings
  • major or minor repairs needed
  • environmental problems (odours, high traffic, etc.)

If you own a condominium unit, you might also want to compare features such as:

  • the floor the unit is on
  • view
  • floor plan and type of unit (corner/inside/end)
  • parking (underground/street)
  • elevators
  • other features (health club, party room, swimming pool, etc.)

If you live in a rural area, you may have to look further than your neighbours to find comparable properties. If this is the case, remember that market conditions and selling prices may vary significantly in different locations and regions. If you own property in a rural setting, consider the following when looking for properties that are comparable to yours:

  • land area or dimensions
  • site improvements
  • non-assessable improvements
  • services (garbage, water, sewer, etc.)
  • location

Develop a comparison chart of comparable properties that are located in your neighbourhood. If possible, take photographs of the outside of comparable properties and of your own. Contact the Municipality to get a map of the neighbourhood and mark the locations of the comparable properties.

Make sure that you have enough information to demonstrate that your property is similar to those that you have selected as comparable properties, and that the assessed value of your property differs significantly from those properties.

Search the Multiple Listing Service (MLS) database on the Internet. Search for properties with characteristics and in neighbourhoods that are similar to yours.

Go to your local registry office to search for recent sale prices. There will likely be a fee for this service.

The Municipality can provide a summary of information on similar properties to yours, such as:

  • A description of the parcel of land and any improvements
  • The size of the parcel of land
  • The age and size or measurements of any improvements
  • The key factors, components and variables of the valuation model applied in preparing the assessment of the property

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Toll free1-800-973-9663

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