City of Regina
Saskatchewan CA

EX Public Report.
EX21-18

Regina Appeal Board Composition

Information

Department:Office of the City ClerkSponsors:
Category:Not Applicable

Attachments

  1. Printout
  2. Appendix A- Terms of Reference (This file has not yet been converted to a viewable format)

Report Body

ISSUE

 

Membership on the Regina Appeal Board (RAB) has historically been comprised of three members of Council appointed annually.

 

Revising membership on the Regina Appeal Board from councillors to citizens will bring Regina in line with the majority of other major municipalities in Saskatchewan.

 

IMPACTS

 

Financial

 

There has been no direct cost in previous years as councillors sitting on the RAB received no additional compensation.

 

The per meeting remuneration being recommended is similar to that provided to members of the Development Appeals Board. 

 

Appeal hearing are scheduled monthly, with meetings to write decisions scheduled shortly thereafter.  As such, the chair would receive $120 and members $60 for the related appeal hearings and decision-writing meetings, for a maximum cost of $360 per hearing/meeting, determined as follows:

 

Chair:                            $120

Members:              $240 (4 x $60)

Total:                            $360

 

Based on the number of appeals hearings and meetings to write decisions held by the RAB in the period 2018-2020, the costs associated with a five-member citizen board would have been as follows:

 

Year

Number of Meetings

Member Remuneration (5 members)

Cost

 

 

 

 

2018

9

$360

$3,240

2019

7

$360

$2,520

20201

6

$360

$2,160

 

1              The number of meetings held in 2020 was down over previous years primarily due to COVID impacts as well as the 2020 Municipal/School Board elections.

 

The requested funding of $3,000 is based on RAB having 8 meetings in 2021 using the current remuneration schedule.

 

Policy

 

An advertisement seeking citizens interested in serving on the RAB will be issued pending Council’s approval.  A recommended slate of candidates will be brought to Executive Committee and subsequently to Council for consideration and approval.

 

In keeping with the appointments to both the Development Appeals Board and the Board of Revision, recommended candidates will be appointed on a staggered basis for terms up to 3 years.

 

Training in administrative tribunal hearings and proceedings will be provided.

 

Legal

 

Recently there have been occasions when written decisions of the RAB have been overturned and/or negatively commented on by the Court of Queen’s Bench when persons dissatisfied with the RAB’s decision choose to pursue a further appeal. 

 

The Office of the City Clerk has recently concluded a review of the existing procedures utilized by the RAB.  New procedures focusing on report preparation, decision-making, report writing and practices ensuring procedural fairness will be adopted that mirror what is utilized by the Development Appeals Board.

 

New members will receive related training in this regard and the revised procedures will be available on regina.ca and provided to appellants.

 

Other

 

Appointing citizen members to the RAB brings its membership into alignment with membership on both the Development Appeals Board and the Board of Revision, both of which are comprised entirely of citizen appointees.

 

In addition, the removal of councillors from this appeal body removes any perception of a conflict of interest whereby an elected official is hearing an appeal on an approved Council policy or decision.

 

There are no strategic, accessibility or environmental impacts respecting this report.

 

OTHER OPTIONS

 

The status quo option would see the RAB composition remain at three Council members.

 

COMMUNICATIONS

 

Following approval by City Council, the Office of the City Clerk will run an advertisement seeking interested candidates for membership on the RAB.  The advertisement will be published in a future edition of the Regina Leader-Post and regina.ca as well as other social media platforms.

 

DISCUSSION

 

The RAB supports City operations (referenced in Appendix A) and hears appeals from citizens respecting:

·         orders to remedy property nuisances

·         order to enforce property standards

·         orders issues pursuant to The Weed Control Act

·         the suspension or revocation of business licences

·         the refusal or revocation of any licenses pursuant to The Taxi Bylaw, Bylaw No. 9635

·         the refusal, revocation, suspension or placement of conditions on any licence pursuant to:

o        The Vehicles for Hire Bylaw, Bylaw No. 2019-9

o        The Body Rub Establishment Licensing Bylaw, Bylaw No. 2021-61

 

A comparison of other major municipalities in Saskatchewan and Alberta indicate that the majority of appeal boards are comprised of citizen members.

 

City

Number of Members

Council Members

Term

 

 

 

 

Regina

3

Yes

1 year

 

 

 

 

Saskatoon

5

No

2 years

 

 

 

 

Prince Albert

5

No

2 years

 

 

 

 

Moose Jaw 1

n/a

n/a

n/a

 

 

 

 

Calgary

5

No

1 year

 

 

 

 

Edmonton

4

Yes

Term of office

 

1         The City of Moose is currently reviewing its practices respecting property and licensing appeals.  Currently, appeals are submitted to and hear by City Council.

 

As noted above, Regina’s closest comparator is the City of Saskatoon which utilizes a citizen-only membership on its respective appeal board.

 

DECISION HISTORY

 

During consideration of CR20-93: 2020 Committee Structure Review at its December 2, 2020 meeting, Council directed the City Clerk to prepare a report respecting membership on the Regina Appeal Board and recommend changes respecting the Board’s decision-making procedures by Q1 2021.

 

Respectfully Submitted,

{Signature}

 

 

Prepared by: {ResUserUser1:First Last, Title}