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October 6, 2011. Presentation to the 9 th Annual Saskatchewan Assessment Appraisers Association Professional Development Workshop On The Agreement on Internal Trade (AIT) & New West Partnership. The Agreement on Internal Trade (AIT) & New West Partnership.

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Presentation Transcript
slide1
October 6, 2011

Presentation to the 9th Annual

Saskatchewan Assessment Appraisers Association Professional Development Workshop

On

The Agreement on Internal Trade (AIT) &

New West Partnership

the agreement on internal trade ait new west partnership1
The Agreement on Internal Trade (AIT) & New West Partnership
  • The Road to AIT
  • SAAA and the Ministry of Municipal Affairs (MA)
  • Genesis
  • Background
  • Who, Why, What, and How of AIT and SAAA
  • Chronology of events
  • What happened after the 2010 PDWS?
  • Successes
  • Outstanding issues
  • Outside the authority of the SAAA
the agreement on internal trade ait new west partnership2
The Agreement on Internal Trade (AIT) & New West Partnership
  • Genesis of Agreement:
    • July 18, 1994, First Ministers sign Agreement
    • July 1, 1995, Agreement in effect.
        • prevent erecting new trade barriers
        • reduce existing barriers
        • streamline and harmonize regulations and standards
        • provides for formal dispute resolution
the agreement on internal trade ait new west partnership3
The Agreement on Internal Trade (AIT) & New West Partnership
  • Background - July 2008
    • Council of the Federation (COF) met.
    • All provincial Premiers directed their Trade Ministers to amend AIT by January 1, 2009 to reach goal of full labour mobility.
    • Growing economy & need for skills necessitates amendments to Chapter 7 to ensure that:
      • “Any worker certified for an occupation by a regulatory authority of one province or territory shall be recognized as qualified to practice that occupation by all other provinces and territories; and
      • Such recognition shall be granted expeditiously without further material training, examinations or assessment requirements”
the agreement on internal trade ait new west partnership4
The Agreement on Internal Trade (AIT) & New West Partnership
  • Background - December 2008 - continued
    • Legal text of amended Chapter 7-Ninth Protocol endorsed by Ministers
    • Committee on Internal Trade (responsible for seeing the amendments through) endorsed on Dec. 5th.
    • Premiers expect that mutual recognition of qualifications will be in place August 2009
    • August 11, 2009, an amendment to Chapter 7 was agreed upon by all the Provinces and Territories.
    • Saskatchewan is taking an all government approach to the implementation
    • Advanced Education, Employment and Labour (AEEL) responsible for implementation
the agreement on internal trade ait new west partnership5
The Agreement on Internal Trade (AIT) & New West Partnership
  • Who is involved with the AIT initiative?
      • Provincial Government:
          • Ministry of Municipal Affairs (MA)
          • Ministry of Advanced Education, Employment and Learning (AEEL), now Advanced Education, Employment and Immigration (AEEI)
      • Professions and regulated authorities:
          • SAAA
          • SIA
      • Stakeholders:
          • SAMA Board of Directors
          • Assessment Service Providers (ASP’s)
the agreement on internal trade ait new west partnership6
The Agreement on Internal Trade (AIT) & New West Partnership
  • Why does AIT involve Assessment Appraisers in SK?
      • Since November 2002, the SAAA has been a regulated authority.
      • The SAAA has legislation. “The Assessment Appraisers Act”
      • The SAAA has regulations. “The Assessment Appraiser Regulations”
      • The SAAA created Regulatory and Administrative Bylaws
the agreement on internal trade ait new west partnership7
The Agreement on Internal Trade (AIT) & New West Partnership
  • How is the SAAA affected by AIT?
    • omnibus bill will be introduced to amend all professions acts simultaneously in order to standardize and stabilize the professions.
  • What does the SAAA need to do to comply with AIT?
    • review proposed amendments to the AAA legislation and regulations
    • suggest revisions to proposed amendments
    • suggest new or alternative amendments
    • resolve differences
    • come to agreement
the agreement on internal trade ait new west partnership8
The Agreement on Internal Trade (AIT) & New West Partnership
  • Chronology of Events
    • January 12, 2009, SAAA received a letter from MA outlining AIT background and SAAA responsibilities.
    • SAAA required to determine if “exception” applies that meet one of the following objectives.
        • public security and safety;
        • public order;
        • protection of human, animal or plant or health;
        • protection of the environment;
        • consumer protection;
        • protection of the health, safety and well being of workers;
        • provisions of adequate social and health services to all its geographic regions, and
        • programs for disadvantages groups.
the agreement on internal trade ait new west partnership9
The Agreement on Internal Trade (AIT) & New West Partnership
  • Chronology of Events - continued
  • January 27, 2009, SAAA met with MA to discuss AIT initiative.
      • Who is affected by AIT?
          • all professions or regulated authorities, which includes the SAAA and SIA in the assessment appraisal profession;
          • other similar organizations such as the AAA (Alberta Assessors Association), AIA (Alberta Institute of Agrologists) and the IMA (Institute of Municipal Assessors-Ontario);
the agreement on internal trade ait new west partnership10
The Agreement on Internal Trade (AIT) & New West Partnership
  • Chronology of Events - continued
      • Who is not affected by AIT?
          • provinces without regulated authority (professional status) for their assessors.
the agreement on internal trade ait new west partnership11
The Agreement on Internal Trade (AIT) & New West Partnership
  • Chronology of Events - continued:
      • February 3, 2009:
          • SAAA responds to MA stating that the exception rules do not apply to the SAAA, meeting MA’s February 6, 2009 response deadline.
      • February 3, 2009:
          • SAAA opens the line of communication with MA to consider additional amendments to the Assessment Appraisers Act and Regulations in addition to the AIT initiative.
the agreement on internal trade ait new west partnership12
The Agreement on Internal Trade (AIT) & New West Partnership
  • Chronology of Events - continued:
      • February 18, 2009:
          • SAAA sent to MA, a summary of additional proposed amendments to the AAA and regulations.
      • March 5, 2009
          • MA acknowledges the SAAA reply of Feb 3, 2009 indicating that our reply was forwarded up the chain of command.
      • March 11, 2009
          • SAAA advises MA of a concern with the Lloydminster Charter, in particular, s. 390.
the agreement on internal trade ait new west partnership13
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • March 30, 2009
      • MA acknowledges the SAAA concern with the Lloydminster Charter and agrees to follow up to ensure the Charter is revised.
  • April 14, 2009
      • MA communicates to the SAAA that a project regarding the discipline sections of the various professions acts to address the conduct of “former” members is being undertaken.
      • The analysis by MA is considering the conduct of former members for up to two years.
the agreement on internal trade ait new west partnership14
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • April 14, 2009 continued
      • MA has considered the SAAA request (Feb. 18, 2009) for additional amendment to the AAA and AMA, Act, go beyond the scope of the AIT initiative and will not be considered in the omnibus bill.
      • MA has agreed to work with the SAAA to consider the proposed amendment for the fall 2010 legislative session.
  • July 2, 2009
      • MA communicates to the SAAA the proposed amendments to the discipline section of the AAA. This amendment is in keeping with the standardization of all professions acts. SAAA’s concurrence is required by July 27, 2009
the agreement on internal trade ait new west partnership15
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • July 24, 2009
      • SAAA replies to MA with our concurrence to the amendments to the discipline section of the AAA
  • August 12, 2009
      • Deputy Minister of MA informs SAAA that the SK government has signed the 9th Protocol of amendment to the AIT (Chapter 7) with the governments of Canada, Provinces and Territories on March 6, 2009.
      • The SAAA is to review the attached draft Omnibus Bill amendments affecting the AAA and respond by August 31, 2009.
the agreement on internal trade ait new west partnership16
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • September 1, 2009
      • The SAAA responds with the following comments:
        • Cannot support the amendment to s. 18 of the AAA (notwithstanding clause)
        • Believe s.3 of the regulations already address labour mobility.
        • ensure language says “assessment appraiser”, not appraiser.
        • ensure language says, a member in good standing of an organization rather than jurisdiction.
        • SAAA requests a meeting with MA to clarify our concerns.
the agreement on internal trade ait new west partnership17
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • September 23, 2009
      • Letter from MA is received requesting a meeting to resolve the concerns express by the SAAA on September 1st.
  • October 2, 2009
      • Letter from MA is received responding, in part, to the concerns expressed by the SAAA on September 1st.
      • Confirmation of a meeting date of October 13, 2009.
the agreement on internal trade ait new west partnership18
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • October 13, 2009 meeting between MA and SAAA
    • Who attended:
        • S.P. Van Isman, Deputy Minister, MA
        • John Edwards, Executive Director, Policy Branch, MA
        • Delaine Clyne, Senior Policy Analyst, MA
        • Aral Cameron, Senior Policy Analyst, AEEI
        • Darwin Kanius, President SAAA
        • Robert Schultze, Past President SAAA
        • Kirby Fesser, Director SAAA
the agreement on internal trade ait new west partnership19
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • October 13, 2009 meeting between MA and SAAA - continued
    • Key Points Discussed
      • The regulatory bodies for assessment appraiser vary across the country, but the focus of AIT is on the work done (regulated occupation) not the association or body that regulates it.
      • AEEI, Justice and Agriculture are in the process of assessing the current scope of practice for rural assessment appraisers in The Agrologists Act, 1994.
      • The AIT does not allow for extra criteria of someone who has already attained accreditation for full membership in another jurisdiction that regulates the profession. Applies to assessment professionals from province of Alberta only. Ontario is currently being studied to determine if they need to comply with AIT. Assessment personnel from other provinces (non regulated) would need to meet the Saskatchewan standards.
the agreement on internal trade ait new west partnership20
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • October 13, 2009 meeting between MA and SAAA - continued
    • Key Points Discussed
      • AEEI to forward final AAA amendments to MA, who will communicate to SAAA
      • Amendment required to s. 3 and 4 of the regulations
      • SAAA to work with Alberta on the AIT initiative
      • AEEI/MA will notify the SAAA on the results of consultations with Agriculture and Justice
      • MA and SAAA to discuss communication to employers
      • MA and SAAA to work on definition of “assessment appraiser” for the Regulations.
the agreement on internal trade ait new west partnership21
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • November 13, 2009
      • MA informs SAAA the Omnibus Bill necessary to comply with Chapter 7 of AIT is complete, as it pertains to our profession with the addition of sub-section 18(1.1). (Notwithstanding clause)
  • January 14, 2010
      • MA and SAAA meet to discuss the outstanding issue of the Ag Appraisers and the impact on AIT.
      • Representing the SAAA is Rob Schultze, Roger Frey and Darwin Kanius
the agreement on internal trade ait new west partnership22
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • January 14, 2010 - continued
      • Representing MA is John Edwards and Delaine Clyne
      • Representing Agriculture is Randy Graham
      • Representing AEEI is Arla Cameron
      • SAAA educated MA on the history and process that resulted in the scope of practice and degree requirement of Ag Assessment Appraisers required to SK.
the agreement on internal trade ait new west partnership23
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • January 14, 2010-continued
      • SAAA explained the education requirements for assessment valuation set the highest standard in the country, primarily due to the complex soil classification system and production rating models that are not comparable (superior) to Alberta’s system of Ag land valuation.
      • At this meeting MA had nothing to report regarding progress on this aspect of AIT.
      • The first draft of the proposed amendments to the AAA and its Regswere distributed.
      • Much more work to do!
the agreement on internal trade ait new west partnership24
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • February 11, 2010
      • SAAA made presentation on AIT to the SIA at their conference
  • March 8, 2010
      • SAAA receives copy of a letter (dated Feb 15, 2010) and report (dated Dec 2009) from the SIA addressed to AAEI.
      • AEEI expressed concern that a non compliance may exist with AIT, due to both the SIA and SAAA involved in Ag land valuations
      • SIA supports the current scope of practice requirements of Ag Assessment Appraisers. Additional discussion and consultation will continue with all parties
the agreement on internal trade ait new west partnership25
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • April 20, 2010
      • SAAA responds to MA’s Jan 14, 2010 proposed amendments to the AA Act and Regulations
the agreement on internal trade ait new west partnership26
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • May, 2010 - Bills passed by the Legislature
      • Bills 103-concerning Professional Discipline .
      • Bill 127-amendment to The Assessment Management Agency Act
      • Bill 128-cited as The Miscellaneous Statutes (Labour Mobility) Amendment Act, 2009
the agreement on internal trade ait new west partnership27
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • May, 2010 - Bills passed by the Legislature
      • Bills 103-concerning Professional Discipline .
          • Proceedings against former members
          • 20.2(1) No proceedings conducted pursuant to this Act shall be commenced against a former member more than two years after the day he or she became a former member.
          • (2) For the purposes of this section, a proceeding is commenced when the professional conduct committee, pursuant to subsection 22(1), is requested by the council to consider a compliant or is in receipt of a written compliant alleging that a member is guilty of professional misconduct or professional incompetence.”
the agreement on internal trade ait new west partnership28
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

      • May, 2010-Bills passed by the Legislature - continued
          • Bill 127-amendment to The Assessment Management Agency Act.
  • “Section 2 amended
  • 3 Section 2 is amended:
  • (a) by repealing clause (c) and substituting the following:
  • “(c) ‘assessment appraiser’ means a person appointed pursuant to subsection 13(2) to carry out valuations and includes:
  • (i) a person appointed by a municipality to carry out valuations; and
  • (ii) a person who is an employee of a firm that the municipality has engaged to carry out valuations on its behalf”;
the agreement on internal trade ait new west partnership29
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

          • May, 2010-Bills passed by the Legislature - continued
          • Bill 128-cited as The Miscellaneous Statutes (Labour Mobility) Amendment Act, 2009
  • The following subsection is added after subsection 18(1) of The Assessment Appraisers Act:
  • “(1.1) Notwithstanding subsection (1), the council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person:
  • (c) is registered as the equivalent of an assessment appraiser in good standing pursuant to the legislation of another jurisdiction in Canada”.
the agreement on internal trade ait new west partnership30
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued:

  • June 29, 2010
      • SAAA receives a detailed e-mail from Delaine Clyne, MA indicating that a package of proposed amendments to the Acts have been mailed.
      • The package includes drafting instructions and a side by side comparison
      • Amendments to the Regulations will be under a separate process
      • MA is consulting with SAMA, SIA, the other ASP’s, SUMA and SARM
      • MA required to consult with BC and Alberta under the New West Partnership
the agreement on internal trade ait new west partnership31
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • June 29, 2010-continued
      • Amendments to follow the usual timelines, with confirmation from LRRC that the Acts be open for amendments at the 2010 Fall session
      • The amendments will pass through Justice and LRRC and the usual process through legislature.
      • According to MA, process likely to be completed by Spring 2011.
      • Process to amendment the Regs is different and can be completed sooner than next spring.
the agreement on internal trade ait new west partnership32
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • July 14, 2010
      • SAAA receives letter dated June 17, 2010 and package of amendments from MA.
      • Justice has done initial review of drafting instructions.
the agreement on internal trade ait new west partnership33
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

      • Highlights of MA’s June 17, 2010 correspondence
        • Proposed new section 3.1(1)of The Assessment Appraisers Act
            • Duty and objectives of the association
  • 3.1(1) It is the duty of the association at all times:
  • (a) to serve and protect the public; and
  • (b) to exercise its powers and discharge its responsibilities in the public interest.
the agreement on internal trade ait new west partnership34
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

      • Highlights of MA’s June 17, 2010 correspondence
        • Proposed new section 3.1(1)of The Assessment Appraisers Act
            • Duty and objectives of the association - continued
  • (2) The objects of the association are:
  • (a) to regulate the practice of the me and to govern the members in accordance with this Act, the regulations, and the bylaws; and
  • (b) to assure the public of the knowledge, skill, proficiency and competency of embers in the practice of assessment
  • appraisals“.
the agreement on internal trade ait new west partnership35
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • Where does the onus lie?
        • The onus is on the person who needs to be certified or licensed to produce appropriate evidence of their qualifications in a timely manner........ The penalty for an assessment service provider using non-licensed or non- certified staff is the risk the assessments will not be approved .....”
    • What is the role of SAMA’s audit service?
        • “..... does not play a role in enforcing the use of certified persons by assessment service providers.”
the agreement on internal trade ait new west partnership36
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • What is SAAA’s responsibility to non-members?
        • “...does not have responsibility for responding to issues with non members conduct or incompetence.
    • Who assumes the risk for the behaviour of non-members?
        • “The risk is with the assessment service providers. Employers that choose to hire licensed assessment appraisers, as opposed to certified non-member assessment appraisers, are assured of formal repercussions to professional misconduct and incompetence
        • through the SAAA.”
the agreement on internal trade ait new west partnership37
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • Is there changes proposed with the definition of “Assessment Appraiser”?
        • “.....a definition of "assessment appraiser" exists in The Assessment Management Agency Act (AMA Act)....the AMA Act explains the duties of assessment appraisers within the assessment system, while The Assessment Appraisers Act and The Assessment Appraisers Regulations pertain to the profession and the qualifications for membership in the SAAA.”
the agreement on internal trade ait new west partnership38
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • Were is the best place to put the definition of “Assessment Appraiser” for purposes of the SAAA?
        • Justice has commented the definition of an "assessment appraiser" is best addressed in the amendments to The Assessment Appraisers Regulations.
    • Will membership and place of employment be tied together?
        • The Ministry proposes a statement be added to s.18 of the Act ensuring membership is not tied to current employment
the agreement on internal trade ait new west partnership39
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • What is the SAAA’s obligation under AIT and the New West Partnership?
        • “Under the AIT and the New West Partnership agreement, the SAAA has an obligation to accept applicants from other jurisdictions that regulate assessment appraisers despite the fact their standards may be different.
        • The SAAA should work with other associations across the country to develop standardized membership requirements to further ensure the labour mobility provisions of the AIT and the New West Partnership agreements are met.”
the agreement on internal trade ait new west partnership40
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • What does MA agree with?
        • retaining Appendices A and B in their current location;
        • amendments to sections 3 and 4 to ensure compliance with the AIT and New West Partnership agreements;
        • amendments for the title "licensed assessment appraiser of Saskatchewan"; and
        • removing sections that are no longer relevant.
the agreement on internal trade ait new west partnership41
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • What are outstanding issues remaining with The Assessment Appraiser Regulations?
        • Is a restricted licence preferred over the Junior Assessment Appraiser and Candidate membership categories?
        • Are the other membership categories of non-practicing, honorary, life, and subscribing to be included?
        • Are there new categories?
        • Is the SAAA interested in adding temporary licences or licences for non-practicing members?
        • Is the information in Appendices C and D correct?
        • If not, what further information needs to be added or deleted?
the agreement on internal trade ait new west partnership42
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • What about the status of the Agrologists within the AIT initiative?
        • “A labour mobility issue has been identified with the requirement for rural assessment appraisers to be Agrologists. The Ministry of Agriculture is working with the Saskatchewan Institute of Agrologists to amend their legislation. Further discussions about this topic will need to occur relating to the regulations.”
the agreement on internal trade ait new west partnership43
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • What next?
      • Schedule meeting with MA, Justice and SAAA
      • MA to consult with SAMA, SIA, assessment department in the cities of Regina, Saskatoon, Prince Albert, Swift Current, CD Consulting, and the Governments of Albert and British Columbia (due to the New West Partnership agreement)
the agreement on internal trade ait new west partnership44
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

      • Highlights of MA’s June 17, 2010 correspondence-continued
        • Proposed Key amendments to The Assessment Appraisers Act (AAA)
          • “Ministerial bylaws
  • 15.1(1) The minister may request the council to amend or revoke a regulatory bylaw or to make a new regulatory bylaw if the minister is satisfied that it is necessary or advisable.
  • (2) Where the minister makes a request pursuant to subsection (1), the council shall be provided with the reasons for the request and, if the minister considers it appropriate, a draft of a bylaw to amend or revoke the regulatory bylaw or a draft of a new regulatory bylaw.
  • (3) If the council does not comply with a request pursuant to subsection (1) within 90 days
  • after the date of the request, the minister may amend or revoke the existing regulatory bylaw or make the new regulatory bylaw in accordance with that request.
the agreement on internal trade ait new west partnership45
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

      • Highlights of MA’s June 17, 2010 correspondence-continued
        • Proposed Key amendments to The Assessment Appraisers Act (AAA) - continued
          • “Ministerial bylaws
  • 15.1((4) A regulatory bylaw made pursuant to this section or an amendment or revocation of a regulatory bylaw pursuant to this section comes into force on the day it is published in the Gazette.
  • (5) Where the minister makes, amends or revokes a regulatory bylaw, the minister shall file with the Director of Corporations two copies of the regulatory bylaw, amendment or revocation“.
the agreement on internal trade ait new west partnership46
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

      • Highlights of MA’s June 17, 2010 correspondence-continued
        • Key amendments to The Assessment Appraisers Act (AAA)
          • Registration, s.18
  • “(6) Notwithstanding clause 2(c) of The Assessment Management Agency Act, registration as a member pursuant to subsections (1) or (1.1), or retention of such membership, is not contingent on current employment by the Saskatchewan Assessment Management Agency, a municipality, or a firm that a municipality has engaged to carry out valuations on its behalf.”
the agreement on internal trade ait new west partnership47
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

      • Highlights of MA’s June 17, 2010 correspondence-continued
        • Key amendments to The Assessment Appraisers Act (AAA)
  • Protection of Title, s.20

Section 20 is amended by striking out "'Accredited Assessment Appraiser of Saskatchewan."' and substituting "'Licensed Assessment Appraiser of Saskatchewan"' and by striking out "'A.A.A.S."' and substituting "'L.A.A.S."'

the agreement on internal trade ait new west partnership48
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • Key amendment to The Assessment Management Agency Act (AMA, Act)
    • SAAA to certify persons, s. 24.1

Section 24.1 is repealed and the following substituted :

“24.1(l) SAAA shall certify whether persons who propose to undertake valuations for assessment purposes meet the standards for competency and proficiency established in the regulations made pursuant to subsection 18(2) of The Assessment Appraisers Act.

(2)The SAAA may certify a person pursuant to subsection24.l(l) who produces evidence establishing to the satisfaction of the council that the person has successfully completed the educational requirements and has employment experience sufficient to meet the requirements for registration as a Licensed Assessment Appraiser of Saskatchewan in the regulations made pursuant to subsection 18(2) of The Assessment Appraisers Act.

the agreement on internal trade ait new west partnership49
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
    • Key amendment to The Assessment Management Agency Act (AMA, Act)
      • SAAA to certify persons, s. 24.1

Section 24.1 is repealed and the following substituted :

“24.1(3) On or before February 1 in each year, the SAAA shall file with the agency a list, certified by the registrar to be a true list, showing the names of all members and all certified non- members as at January 1 for the Purposes of the auditing process".

the agreement on internal trade ait new west partnership50
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • Highlights of MA’s June 17, 2010 correspondence-continued
      • MA requires the SAAA to respond by July 23, 2010.
  • SAAA proceeds accordingly.
      • SAAA received June 17th correspondence on July 14th, requests an extension to September 16th.
      • MA can only accommodate an extension to August 13th.
      • The SAAA requested a meeting with MA to clarify our response of August 13, 2010.
the agreement on internal trade ait new west partnership51
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • SAAA proceeds accordingly-continued
      • MA schedules meeting on September 1, 2010 to discuss the SAAA’s prepared response:
  • September 1, 2010 Meeting
      • Representing MA
          • John Edwards, Executive Director, PDB
          • Rod Nasewich, Director, PDB
          • Delaine Clyne, Senior Policy Analyst, PDB
          • ArlaCameron, Senior Policy Analyst, AEEI
the agreement on internal trade ait new west partnership52
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • September 1, 2010 Meeting
      • Representing SAAA
        • Darwin Kanius, President
        • Robert Schultze, Past President
        • Kirby Fesser, Director
        • Roger Frey, Director
the agreement on internal trade ait new west partnership53
The Agreement on Internal Trade (AIT) & New West Partnership

Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • Agreement to remove the definition of “practicing member” from sub-section 2(g.1) of the Act, as this earlier proposal conflicts with other sections of the Act.
      • Revisions were required to s. 21 (PCC) and s. 23 (DC) of the Act, due to the change in point #1.
      • MA to change drafting instructions to state the Act would come into force on proclamation, not accent, to coordinate with amendments to the Regulations.
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • MA corrected the drafting instructions for sub clause 14(2)(e)(i).
      • SAAA agreed to the proposal to combine the contents of current clause 14(2)(f) and proposed clause (14)(2)(k.1)
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • SAAA was opposed to the proposed s.15.1 “Ministerial bylaws”. (refer to slide 45 &46).
        • The SAAA felt the proposed section would erode the self-regulatory role of the SAAA.
        • SAAA concerned that the Minister could add, amend, or remove a regulatory bylaw without the ability of the SAAA to appeal the decision.
        • Justice stated that Legislation & Regulations Review Committee (LRRC), felt this section was important and that self-regulation is not absolute.
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • SAAA was apposed to the proposed s.15.1 “Ministerial bylaws”. (refer to slide 45 & 46).-continued
        • MA explained that the proposed section is being included in other professions as a precaution to ensure that if the powers are not being exercised in an appropriate manner, the Minister can step in and address the issue.
        • Provides government with the ability to implement changes to government policy direction.
        • The SAAA could appeal to the Premier and Cabinet if they disagree with a Minister’s decision.
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • SAAA was apposed to the proposed s.15.1 “Ministerial bylaws”. (refer to slide 45 & 46).-continued
        • MA and Justice agreed to include a subsection about consultation to ensure it is part of the amendment.
        • MA will convey SAAA’s concerns to the Legislation & Regulations Review Committee (LRRC).
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • MA agreed to work with Justice to amend existing clauses 18(1)(a) and 18(1)(b) to ensure the reader is pointed to sections 3 and 4 of the Regs not the Regs appendices. The same would be done to the proposed sub section 24.1(2) of the AMA, Act.
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • 8. MA did not support the inclusion of a clause in section 18 stating the applicant was required to provide evidence of good character.
        • SAAA identified in the 9th Protocol, Chapter 7, “Certification of Workers” Article 706 (3) (e) that a regulatory body may require the applicant “as a condition of certification” to produce evidence of good character.
        • MA felt that this would leaves to much discretion to the profession for potential abuse.
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • MA did not support the inclusion of a clause in section 18 stating the applicant was required to provide evidence of good character- continued
        • AIT has clauses 706 (3) (d) that allow for professions to investigate past disciplinary measures, criminal records, etc.
        • MA agrees to consult Justice and investigate the appropriate wording for this clause so scope of authority is carefully delineated.
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • MA to look at “currency of practice” provisions to the Regs.
      • AEEI to provide SAAA with a written explanation of section 18(1.1)(c) for use in our bylaws or policies. The word “accredited” is not required in this clause. MA felt it could be a barrier to AIT, Justice concurs.
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • 11. MA will propose to Justice that an additional sub section be added to 24.1 of the AMA, Act stating licensed members of the SAAA are exempt from the certification process. This amendment is needed to address the inclusion of a proposed restricted licence provision in the Act, where those SAAA member will not meet the requirements of accreditation.
      • Alberta AIT initiative status unknown. Ontario has passed their omnibus bill.
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • AEEI to follow up with representatives of the Alberta and Ontario governments to ensure the assessment occupations are considered equivalent and to ensure mutual recognition will be in place for labour mobility.
      • SAAA will communicate with the Alberta Assessor’s Association to ensure they have talked to their government. (IPPAC will be the venue for these discussions)
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Chronology of Events - continued

  • September 1, 2010 Meeting-Accomplishments
      • SAAA discussed the need to incorporate rules around the use of the licensed title (LAAS), to alleviate the concern of misrepresentation outside of Saskatchewan
      • 16. SAAA to provide MA with letter stating their support to the proposed amendments to the Act and the remaining concerns of Council.
      • SAAA complied, with a letter dated September 17, 2010.
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Chronology of Events - continued

  • The Remaining Concerns of the SAAA
      • Ministerial bylaw provisions, s 15.1;
      • Ensuring that the wording in the Act points to sections 3 and 4 in the Regulations;
      • Addition of a subsection to the Act that allows the SAAA to consider persons of good character for membership (as referenced in Article 706 (3)(e)-Certification of Workers-Chapter 7-Labour Mobility-Ninth Protocol of Amendment);
      • Clearly defining within the drafting instructions, that within the notwithstanding clause the term ‘assessment appraiser’ means accredited assessment appraiser;
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Chronology of Events - continued

  • The Remaining Concerns of the SAAA - Continued
      • Exempting SAAA members from the certification provisions within The Assessment Management Agency Act (AMAA);
      • Amending the AMAA to ensure that certification provisions point to sections 3 and 4 of the Assessment Appraisers Regulations;
      • A letter from either Justice or MA clarifying that the term ‘all applicable acts’ used in section 22.1(3) (b) of the AMAA includes the AMAA. Ideally, section 22(2) and 22(3) would be amended to include all assessment related Acts (AMAA) in addition to speaking to applicable municipal Acts.
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Chronology of Events - continued

  • Proposed Timeline to Complete Amendments to Regulations
      • SAAA to respond by October 1, 2010:
      • Is a restricted licence preferred over the Junior and Candidate membership categories?
      • What about the other (non practicing and subscribing) membership categories?
      • Will there be new categories?
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Chronology of Events - continued

  • Proposed Timeline to Complete Amendments to Regulations
      • SAAA to respond by October 1, 2010:
      • 4. Is the SAAA interested in adding temporary licences?
      • 5. Is the information in (Regs) Appendices C and D correct? If not, what needs to be added or deleted?
      • 6. SAAA unable to meet deadline.
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Chronology of Events - continued

  • Proposed Timeline to Complete Amendments Rural
      • Research & meeting to discuss educational requirements for rural assessment appraisers.
      • Labour mobility issue with rural assessment appraisers .
      • Ministry of Agriculture and SIA have been working together to propose a mutually acceptable amendment to The Agrologists Act.
      • The protected right to practice rural assessment appraisal will be proposed to be kept in the Act.
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Chronology of Events - continued

  • Proposed Timeline to Complete Amendments Rural
      • Research & meeting to discuss educational requirements for rural assessment appraisers.
      • 4. A statement or a section will be proposed that will state that non Agrologists can perform rural land assessments under The Assessment Appraisers Act.
      • 5. MA to work with SAAA, SIA and Ministry of Agriculture to determine educational requirements, which will results in amendments to the Regs.
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Chronology of Events - continued

  • Proposed Timeline to Complete Amendments Rural
  • Meeting in Mid September
  • Details of amendments by October 15, 2010.
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Chronology of Events - continued

  • Further Proposed Timelines
    • Draft amendments by October 29, 2010 for external consultation.
    • Regulations sent to Justice and LRRC by November 26, 2010.
    • Regulations amended by January 1, 2011.
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  • What happened after the 2010 SAAA Workshop
  • SAAA communicated to MA by e-mail on October 15, 2010.
    • Stating the desire to complete the project.
    • Requesting a status report on the 7 outstanding items listed in the letter Sept. 17, 2010.
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  • What happened after the 2010 SAAA Workshop
  • MA replied by letter to SAAA on November 5, 2010.
    • Oct. 27th, 2010 Throne Speech priorities do not include proceeding with the amendments to The Assessment Appraisers Act in the fall session.
    • MA to continue to work on Bill to ensure all outstanding issue are addressed.
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  • What happened after the 2010 SAAA Workshop
  • MA replied by letter to SAAA on November 5, 2010 - continued.
    • iii. MA plans to complete package of amendments that includes:
      • The Assessment Appraisers Act
      • Consequential amendments to The Assessment Management Agency Act
      • The Assessment Appraisers Regulations, and
      • The Agrologists Act, 1994.
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  • What happened after the 2010 SAAA Workshop
  • MA replied by letter to SAAA on November 5, 2010 - continued.
  • iv. Package to ensure labour mobility issue identified respecting the Agrologists’ scope of practice.
  • v. MA has discussed SAAA outstanding issues with Justice.
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  • What happened after the 2010 SAAA Workshop
  • MA replied by letter to SAAA on November 5, 2010 - continued.
  • vi. New action items identified:
      • SAAA to provide MA with recommendations for amendments to The Assessment Appraisers Regulations by December 10, 2010.
      • MA to finalize outstanding issues with Justice for existing package and communicate Justice’s decision to SAAA.
      • MA and the Ministry of Agriculture to consult with the SK Institute of Agrologists to finalize a consequential amendments to The Agrologists Act, 1994.
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  • What happened after the 2010 SAAA Workshop
  • MA replied by letter to SAAA on November 5, 2010 - continued.
  • vi. New action items identified - continued
      • MA to work with SAAA to identify the education and experience requirements for rural assessment appraisers to include in The Assessment Appraisers Regulations.
      • Complete package of proposed amendments will be prepared for consideration by government.
      • Possible that proposed amendments to The Assessments Appraisers Regulations that are not dependent on changes to the Act could be put forward independent of other proposed amendments.
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  • Successes!
  • 2.MA Actions to the 7 outstanding issues:
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  • Successes!
  • 2.MA Actions to the 7 outstanding issues - Continued:
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  • Successes!
  • 2.MA Actions to the 7 outstanding issues - Continued:
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  • Successes!
      • Results of Consultations with MA:
        • January 17, 2011, letter from MA to SAAA includes:
          • Drafting Instructions for The Assessment Appraisers Amendment Act, 2011;
          • Related Amendment to The Agrologists Act, 1994; and
          • Consequential Amendment to The Assessment Management Agency Act.
          • Dated December 20, 2010
          • Drafting instructions for The Assessment Appraisers Amendment Regulations, 2011
          • Dated January 6, 2011
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  • Successes!
      • Results of Consultations with MA (Jan. 17, 2011)-continued:
          • MA accepts SAAA position on 6 of the 7 outstanding issues. (SAAA understands MA position of the definition of the term “assessment appraiser”)
          • SAAA accepts Drafting Instructions for The Assessment Appraisers Amendment Act, 2011;
          • Related Amendment to The Agrologists Act, 1994;
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  • Successes!
      • Results of Consultations with MA (Jan. 17, 2011)-continued:
          • 4. SAAA has no authority in this matter.
          • 5. Consequential Amendment to The Assessment Management Agency Act. (SAAA to certify persons s. 24.1)
          • 6. SAAA agrees with amendments.
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  • Outstanding Issues
      • Results of Consultations with MA - continued:
          • 1. SAAA reviews drafting instruction of the regulations Feb 2011.
          • 2. A number of proposed changes and outstanding issues surfaced on initial review.
          • 3. The specific items were not communicated to MA.
          • 4. MA requests status update from SAAA March 3rd, 2011
          • 5. SAAA responded to MA on March 18th, 2011 indicating more time was needed to address specific items within the regulations.
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  • Outstanding Issues
      • Results of Consultations with MA - continued:
          • 6. April 26, 2011, SAAA provides MA with status report on issues with the Regulations. Key points:
            • SAAA proposing to restructure membership categories to address AIT, disconnecting licensing from employment and place of residence. (Resolutions to be placed before the membership at AGM)
            • SAAA communicated to MA with its position regarding the Agrologists. SAA stated that as long as the Ag valuation model remains unchanged in SK, the proficiencies will remain unchanged (education & experience).
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  • Outstanding Issues
      • Results of Consultations with MA - continued:
          • 7. May 9, 2011, MA responds to SAAA April 26th letter.
            • MA concurs with SAAA’s interpretation of the proposed amendment of the Agrologists Act, 1994. i.e.) the removal of the exclusive scope of practice, and
            • The Ag valuation model remains unchanged in SK... “and is based on more than just land productivity.”
            • “The proficiencies need to be disconnected from the Agrologists professional practice, designation and membership in order to overcome the barrier to labour mobility”.
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  • Outstanding Issues
      • Results of Consultations with MA - continued:
          • 7. May 9, 2011, MA responds to SAAA April 26th letter.
            • d. MA suggests that best approach is for the SAAA to clearly set out the education, training, and experience requirements to perform rural Ag land valuation.
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  • Outstanding Issues - Next Steps:
    • SAAA to determine the link between the Regulations and the proposed in principle new membership categories.
    • Once link determined, draft regulations for further review and discussion with MA and AEEI.
    • SAAA to determine the extent to which MA requires the Regulations to list the proficiencies for the Ag land assessment appraisers.
    • Engage stakeholders in discussions, Ag appraisers, SIA etc.
    • Once the list is determined, draft regulations for further review and discussions with MA and AEEI
    • Address all the minor house-keeping revisions necessary to remove redundancies or errors.
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  • Outside the authority of the SAAA
    • Ag land proficiencies reside in the purview of the SIA and it’s members;
    • The Ag land proficiencies in SK are the highest in the Country (seen as a barrier to Labour Mobility);
    • SAAA has no authority in the affairs of the SIA;
    • Ag land assessment training reside with the assessment service provider;
    • There is no post secondary institution that is able to administer assessment training for Ag assessment appraisers in SK.
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  • New West Partnership
      • April 30, 2010, Saskatchewan, Alberta and British Columbia signed NWP.
      • July 1, 2010, NWP comes into effect.
      • July 1, 2013, NWP fully implemented.
    • Charter Goals & Objectives
      • Goal: To enable workers in regulated professions to easily gain entry to Saskatchewan’s labour market
      • Objective #7: Workers in regulated professions, including financial services occupations, from Alberta and British Columbia will have their credentials recognized without the requirement for additional testing and training.