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October 6, 2011

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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October 6, 2011

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  1. 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

  2. The Agreement on Internal Trade (AIT) & New West Partnership

  3. 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

  4. 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

  5. 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”

  6. 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

  7. 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)

  8. 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

  9. 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

  10. 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.

  11. 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);

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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

  17. 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.

  18. 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.

  19. 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.

  20. 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

  21. 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.

  22. 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.

  23. 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

  24. 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.

  25. 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!

  26. 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

  27. 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

  28. 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

  29. 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.”

  30. 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”;

  31. 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”.

  32. 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

  33. 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.

  34. 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.

  35. 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.

  36. 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“.

  37. 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.”

  38. 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.”

  39. 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.”

  40. 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

  41. 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.”

  42. 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.

  43. 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?

  44. 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.”

  45. 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)

  46. 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.

  47. 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“.

  48. 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.”

  49. 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."'

  50. 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.

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