Section 36 Regional Appeal Boards

Department

Authority

Remuneration

Purpose:

Section 36 Regional Appeal Boards consider appeals of decisions under section 36 of the Lands Act.

Structure:

There are three Section 36 Regional Appeal Boards (Eastern, Central, and Western-Labrador), each comprised of four members appointed by the Minister as follows:

- two individuals who are members in good standing of the Law Society of Newfoundland and Labrador or were members in good standing within the 5 years immediately preceding the appointment. These members will be appointed as Chairperson and Vice-Chairperson;
- one individual who has a prescribed professional designation (see list below under ‘Qualifications’); and,
- one individual to represent the public interest.

Competency Profile:

Those who make up the Section 36 Regional Appeal Boards should collectively possess
the following core competencies:
- knowledge of applicable legislation and familiarity with the conditions of adverse possession (Open, Continuous, Exclusive and Notorious);
- flexible, responsive and willing to consider the opinions of others;
- ability to listen and work as a team member;
- strong reasoning skills; ability to read, analyze, and evaluate information;
- ability to effectively exchange information;
- professionalism;
- no direct or indirect conflict of interest with any of the appeals under review; and,
- high ethical standards and integrity.

Qualifications:

Lawyer Applicants must be members in good standing of the Law Society of Newfoundland and Labrador or have been members in good standing of the Law Society of Newfoundland and Labrador within the five years immediately preceding being considered for appointment.

Professional Designation Applicants must have one of the following professional
designations:

- a professional engineer registered under the Engineers and Geoscientists Act, 2008;
- a chartered professional accountant certified under the Chartered Professional Accountants and Public Accountants Act;
- a public accountant licensed under the Chartered Professional Accountants and Public Accountants Act;
- a real estate broker licensed under the Real Estate Trading Act, 2019;
- a land surveyor registered under the Land Surveyors Act, 1991;
- a planner who is:

i) a Member or Fellow of the Canadian Institute of Planners, or

ii) designated as a Registered Professional Planner or Licensed Professional Planner by the Professional Standards Board for the Planning Profession in Canada;

- an appraiser who is designated as:

i) an Accredited Appraiser Canadian Institute (AACI) or Certified Residential Appraiser (CRA) by the Appraisal Institute of Canada, or
ii) a Designated Appraiser Residential by the Canadian National Association of Real Estate Appraisers;

- an assessor who is a Member or an Associate Member of the Institute of Municipal Assessors; or,
- an assessor who is designated as a Certified Assessment Evaluator, Residential Evaluation Specialist, Personal Property Specialist or Cadastral Mapping Specialist by the International Association of Assessing Officers.

Time Commitments:

Meetings of the boards will be scheduled at the call of Chairperson or, in their absence, the Vice-Chairperson. Section 36 Regional Appeal Board members will also be expected to spend additional time reviewing materials and preparing for meetings, including writing the written decision.

Term:

The appointment will be for a term of 3 years and shall continue until replacement or reappointment.