Bill 89 — Second Session, 17Th Legislature, 22 Iehz'Abeth, Ill/ the Legislative Assembly of Alberta Bill 89 the Expropriation Act (Legislature 17, Session 2)

L17 S2 5223

Alberta — Bills

1973 Bill 89 Second Session, 17th Legislature, 22 iEHz'abeth, IlL/ THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 89 The Expropriation Act MR. KOZIAK First Reading .............................. . Se'cond Reading ............................ . Third Reading .............................. . Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 89 MR. KOZIAK BILL 89 1973 THE EXPROPRIATION ACT (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta,enacts as follows: 1.

In this Act, (a) "authorizing Act" means the Act authorizing an expropriation by an expropriating authority; (b) "Board" means the Land Compensation and Sur face Rights Board constituted under this Act; (c) "court" means the Supreme Court of Alberta; (d) "Crown land" means land of the Crown in right of Alberta; (e) "expropriating authority" means the Crown or any person empowered to acquire land by expropri ation; (f) "expropriation" means the taking of land without the consent of the owner by an expropriating authority in the exercise of its statutory powers; (g) "land" means land as defined in the authorizing Act and if not so defined, as defined in The Land Titles Act; (h) "municipality" means a city, town, new town, vil lage, county or municipal district; (i) "owner" means (

i) a person registered in the land titles office as the owner of an estate in fee simple in land, or (ii) a person who is shown by the records of the land titles office as having a particular estate or an interest, mortgage or encumbrance in or upon land, or (iii) any other person who is in possession or occu pation of the land, or (iv) any other person who is known by the ex propriating authority to have an interest in the land, or (

v) in the case of Crown land, a person shown on the records of the department administer ing the land as having an estate or interest in the land; (j) "right of way" means the right of an expropriat ing authority to carry its pipes, wires, conductors or transmission lines upon, over or under land and that is registerable under The Land Titles Act;

EXPLANATORY NOTES General. This Bill is based upon a report of the Institute of Law Research and Reform issued in March, 1973. Among major reforms are the uniting of proceedings before a single tribunal except in the case of expropriations by the Crown where the owner has the option of having the matter determined by the court. An attempt is also made to expedite procedures to prevent unnecessary delay. Changes are also proposed in the basis of compensation.

The basic procedural requirements are: (1) notice to the owner of a proposed expropriation; (2) provision for objections by the owner; (3) if his land is taken, the right to payment of a reasonable proportion of his compensation before he is obliged to give up possession; (4) that the time from the inception of the expropriation until surrender of possession should be kept to a minimum both in the interest of the public and the owner; (.5) that the procedures be as uniform as possible, while recog nizing that some types of expropriation may require vari ation from the general scheme.

The principles of compensation provided are: (1) market value as the basic method of assessing the expropri ated land; (2) reinstatement as the basis of compensation where the struc tures on the land do not have a market value; (3) an allowance to the home owner where the cost of equi valent accommodation is above the market value of his expropriated home; (4) damages for injurious affection on a partial taking: (5) compensation for disturbance including business losses where the owner is compelled to move; (6) separate valuation of separate interests in the expropriated land.

References in the explanatory notes to numbered recommenda tions are to the recommendations in the Institute's Report. I.

Definitions. Recommendations No. 1 and No. 67.

(k) "work" or "works" means the undertaking and all the works and pr'Operty that may be acquired, con structed, extended, enlarged, repaired, maintained, improved, formed, excavated, operated, recon structed, replaced or removed in the exercise of any powers conferred by an authorizing Act. Application of Act 2.

(1) This Act applies to any expropriation authorized by the law of Alberta and prevails 'Over any contrary pro visions that may be f'Ound therein, except the statutes 'Or parts of statutes enumerated in the S0hedule.

(2) This Act binds the Crown. 3. Where an authorizing Act permits or authorizes an expropriation of land, the expropriating authority may, unless the authorizing Act expressly otherwise pr'Ovides, acquire any estate required by him in the land and may, unless the authorizing Act expressly otherwise provides, acquire any lesser interest by way of profit, easement, right, privilege or benefit in, over or derived from the land. 4.

(1) Unless the authorizing Act expressly authorizes the expropriati'On 'Of mines 'Or minerals, the expr'Opriating authority is not entitled to any mines or minerals in any land vested in him under the procedure prescribed by this Act, and, subject to subsection (2), the ownership of mines or minerals is in no way affected by the filing or registra tion in the land titles 'Office 'Of a certificate of approval under this Act.

(2) Vvhere an authorizing Act expressly authorizes the expropriation of mines or minerals, the eertificate of ap proval by which the expropriation is effected shall state the estate or interest acquired in the mines and minerals, and failing such statement no estate or interest in the mines and minerals passes upon the expropriati'On.

(3) N'Otwithstanding subsection (1), an expropriating authority may, to the extent necessary for his works, ex cavate or otherwise disturb any minerals within, upon or under land in which he has acquired an estate or interest by expropriation or by agreement 'Or transfer, without per mission from or c'Ompensation other than for minerals lost thereby to any person. 5. Unless an authorizing Act expressly otherwise pro vides, nothing in this Act restricts or affects (

a) the right of an expropriating authority to acquire, by agreement or transfer, any estate or interest in land that he may acquire by expropriation, or (

b) the right of the Crown or any person to convey to an expr'Opriating authority any estate or interest in any land that the expropriating authority may acquire by expropriation from the Crown 'Or person. 2

2. Application of Act. Recommendation No. 63. 3. Extent o.f expropriation. Recommendatio.n No.. 64. 4. Application of Act to acquisition of mines and minerals. Rec ommendation No. 65. The exception for lost minerals is a variance. 5. Agreements. Recommendation No. 66. 2'

PART 1 PRIOICEDURE FO'R EXPROPRIATION 6.

(1) No person may in any proceedings under this Act dispute the right of an expropriating authority to have recourse to expropriation.

(2) In any proceedings under this Act the owner may question whether the taking of the land, or the estate or interest therein, is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority. 7. (1 ) No expropriating authority shall expropriate land without the approval of the appropriate approving authority.

(2) Where, in the case of a proposed expropriation by an expropriating authority other than the Crown 'Or a municipality, the authorizing Act requires the expropriat ing authority to obtain, as a condition precedent to com mencing expropriation proceedings, a permit, authoriza tion or other form of approval from any person or body, no prior approval need be obtained under subsection (1) from the approving authority.

(3) The approving authority in respect of an expropri ation shall be (

a) the Minister responsible for the administration of the authorizing Act, or (

b) the municipal council where a municipality ex propriates land for municipal purposes, or (

c) in any other case, the Board. 8.

(1) The expropriating authority shall file a notice of intention to expropriate in the land titles office for the registration district in which the land to be expropriated is situated. 3

6. Right to object. Recommendation No.2. 7. The approving authority. Recommendation No.3. The Insti tute placed residual responsibility with the Attorney General. 8. Notice of intention to expropriate. Recommendation No.4. 3

(2) The expropriating authority shall forthwith serve a copy of the notice of intention on (

a) the approving authority, (

b) every person shown in the records of the land titles office as having an interest in the land, and (

c) every other person who is known to the expropriat ing authority to have an interest in the land.

(3) The notice of intention shall be published in at least two issues, not less than seven nor more than 14 days apart, of a newspaper in general circulation in the locality in which the land is situated. ( 4) A notice of intention shall contain (

a) the name of the expropriating authority, (

b) the description of the land, (

c) the nature of the interest intended to be expro priated, (

d) an indkation of the work or purpose for which the interest is required, (

e) a statement 'of the provisions of

section 6 and sec tion 10, and (

f) the name and address of the approving authority. 9.

(1) Where, in the opinion of the approving authority, the owner has, pursuant to the provisions of any other Act, had substantially the same opportunity to object to the expropriation as he would have had on an inquiry under this Act, the approving authority by direction in writing may dispense with a hearing.

(2) Where the inquiry is dispensed with under sub section (1), the provisions of

section 8, subsection ( 4), cIa uses (

e) and (

f) do not apply to the notice of intention to be served by the expropriating authority but a copy of the direction of the approving authority shall be attached thereto.

(3) Where the inquiry is dispensed with under sub section (1), the expropriating authority may apply im mediately to the approving authority for a certificate of approval. 10.

(1) An owner who desires a hearing shall send to the approving authority a notice of objection in writing (

a) in the case of an owner served in accordance with

section 8, subsection (2), within 21 days of serv ice upon him of notice of intention, and (

b) in any other case, within 21 days after the first publication of notice of intention. 4

9. No inquiry where previous hearing. Recommendation No.9. 10. Notice of objection. Recommendation No.5. 4

(2) The n'Otice 'Of 'Objecti'On shall state (

a) the name and address 'Of the pers'On 'Objecting, (

b) the nature 'Of the 'Objecti'On, (

c) the grounds UP'On which the objecti'On is based, and (

d) the nature 'Of the interest 'Of the person 'Objecting. 11.

(1) Up'On the expirati'On of the peri'Od within which a n'Otice 'Of 'Objecti'On may be sent and up 'On pr'O'Of 'Of service in acc'Ordance with secti'On 8, subsecti'On (2) and proof of publication in acc'Ordance with

section 8, subsecti'On (3), the approving auth'Ority, unless it has been served with a n'Otice of objecti'On, shall appr'Ove 'Or disappr'Ove the pro posed expropriati'On.

(2) The appr'Oving auth'Ority may appr'Ove the expro priati'On 'Of a lesser interest than that described in the notice 'Of intenti'On. 12. Where a person who has served a n'Otice 'Of objec tion withdraws it, the approving auth'Ority may proceed as though no 'Objection had been made. 13.

(1) Where the Lieutenant G'Overn'Or in Council, at any time before service 'Of n'Otice 'Of intention, is satisfied that the expropriating auth'Ority urgently requires the land and that delay W'Ould be prejudicial t'O the public interest, he may by 'Order direct that an intended expro priation shall pr'Oceed without inquiry.

(2) Where an order is made under subsecti'On (1), the provisions of

section 8, subsection ( 4) , clauses (

e) and (

f) d'O n'Ot apply t'O the n'Otice 'Of intention to be served by the expropriating authority but a copy 'Of the order shall be attached theret'O.

(3) Where an 'Order is made under subsecti'On (1), the expropriating authority may apply immediately to the ap proving authority for a certificate of approval, and the approving authority shall issue the certificate. 14.

(1) Where the approving authority receives an ob jection it shall forthwith notify the Attorney General.

(2) Within five days after receiving notice that the ap proving authority has received an objection, the Attorney General shall appoint an inquiry officer, who is not an officer or employee of the Crown 'Or of any agency of the Crown, to conduct an inquiry in respect of the intended expropriation.

(3) The Attorney General may appoint a chief inquiry officer who shall exercise the power of the Attorney Gen eral under subsection (2) and who shall have general supervision and direction over inquiry 'Officers. 5

II. ApprO\-a! where no objection. Recommendation No.6. 12. Withdrawal of objection. Recommendation No.7. 13. No inquiry where expropriation is urgent. Recommendation No.8. 14. Hearing by inquiry officer. Recommendation No. 12. Sub section (4) authorizing the Board to conduct the inquiry is a variation. In those cases the Board would also be the approving authority and would integrate the two functions if an inquiry was necessary. 5

(4) Where the expropriating authority is other than the Crown 'Or a municipality, the Board shall carry out the functions 'Of an inquiry officer under this Act and the pro visions 'Of sections 15 and 16 do not apply.

(5) The inquiry officer shall fix a time and place for the inquiry and shall cause notice 'Of the inquiry to be served 'On the expropriating authority and 'On each person who has made an objection to the expr'Opriation.

(6) The expr'Opriating authority and each person who has objected shall be parties to the inquiry.

(7) The inquiry bef'Ore the inquiry 'Officer shall be held in public.

(8) The inquiry officer shall inquire into whether the intended expropriation is fair, sound and reasonably neces sary in the achievement 'Of the objectives of the expro priating authority.

(9) For the purposes of subsection (8), the inquiry officer (

a) shall require the expropriating authority to attend at the inquiry and to produce such maps, plans, studies and documents as the inquiry officer con siders necessary for his inquiry; (

b) may add as a party to the inquiry any owner whose land W'Ould be affected by the expropriation of the lands concerned in the inquiry and any person who appears to have a material interest in the outcome 'Of the expr'Opriation; (

c) shall give each party to the inquiry a reasonable 'Opportunity to present evidence and argument and may permit examination and cr'Oss-examination, either personally 'Or by counselor agent; (

d) may inspect the lands intended to be expropriated or the lands 'Of an owner referred to in clause (b), either with or with'Out the presence 'Of the parties; (

e) has general control over the procedure at the in quiry, including power to adjourn the hearing and change the venue; (

f) may combine two or more related inquiries and conduct them as 'One inquiry; (

g) may swear witnesses; (

h) may provide f'Or a transcript of the evidence; (

i) is not bound by the rules of law concerning evi dence.

(10) The reasonable costs 'Of the owner in connection with the inquiry shall be paid by the expr'Opriating author ity unless the inquiry 'Officer determines that special cir cumstances exist to justify the reduction or denial 'Of costs. 6

(1) The inquiry officer shall within 30 days of his appointment make a report in writing to the approving authority and the report shall contain a

summary of the evidence and arguments advanced by the parties, the in quiry officer's findings of fact, and his opinion on the merits of the expropriation with his reasons therefor.

(2) The inquiry officer shall forthwith send a copy of his report to the parties to the inquiry and shall make it available on request to any pers'on at reasonable cost. 1'6. No proceedings by or before an inquiry officer shall be restrained by inj unction, pr'Ohibiti'On or other process or proceedings in any court or are removable by certiorari or otherwise into court nor shall any report or recom mendation by the inquiry officer be subj ect to review in any court. 17.

(1) The approving authority shall consider tne re port of the inquiry officer and shall approve or disapprove the proposed expropriation or approve the proposed ex propriation with such m'Odifications as the approving authority considers proper, but no approval shall be modi fied so as to affect the lands 'Of a person who was not a party to the inquiry.

(2) The approving authority shall give written reasons for its decision and shall -cause a copy of its decision together with the reasons therefor to be served upon all the parties within 30 days after the date upon which the report 'Of the inquiry officer is received by the approving authority.

(3) Where the approving authority approves the ex propriation, it shall also provide the expr'Opriating author ity with a certificate of approval in the prescribed form.

(4) Where the approving authority and expropriating authority are 'One and the same the requirements of sub sections (2) and (3) respecting service on the expropriat ing authority are inapplicable. 18. The expropriating authority may register the cer tificate of approval in the land titles office for the land registration distriet in which the relevant land is situated, and registration vests in the expropriating authority the title to the lands therein described as to the interest speci fied in the certificate. 19. Subject to

section 21, if the expropriating authority does not register the certificate 'Of approval in the land titles office within 120 days from the date when the notice of intention was registered the expropriation shall be con clusively deemed to be abandoned. 7

15. Report of inquiry officer. Recommendation No. 13. 16. No judicial proceedings in respect of proceedings before an inquiry officer. Recommendation No. 14. 17. Certificate of approval. Recommendation No. 15. 18. Registration of certificate vests title. Recommendation No. 16. 19. Failure to register certificate of approval. Recommenda tion No. 10. 7

(1) After the approving authority has app~oved a proposed expr'Opriation and notwithstanding registration of the certificate of approval, it may vary the size, loca tion or boundary of the expropriated land within the boundaries of the parcel from which the land was expro priated, if, in the opinion 'Of the approving authority, the variation is minor and can be made without prejudice to the owner.

(2) Where the approving authority varies the expropri ation under subsection (1), it shall provide the expropriat ing auth'Ority with an amended certificate of approval.

(3) The expropriating authority may register the amended certificate 'Of approval in the land titles office.

(4) Where the amended certificate of approval is regis tered in the land titles office (

a) it takes the place of the certificate of approval registered under

section 18; (

b) the expropriating authority shall not be delayed in taking possession on account of the amendment; (

c) the owner is entitled to compensation for his in terest in the lands described in the amended cer tificate of approval or to compensation for his interest in the lands described in the certificate of approval, whichever is the greater; (

d) the provisions of this Act for determining compen sation, including the provisions relating to proposed payments, apply. 21.. Registration of the certificate of approval is conclu sive proof that all the requirements of this Act in respect of registration and of matters precedent and incidental to registration have been complied with. 22.

(1) The Attorney General may, prior to the ex piration of the 120-day period referred to in

section 19, (

a) extend the time for appointing the inquiry officer by an additional five days; (

b) extend the time for the inquiry officer to report by an additional 30 days; (

c) extend the time for the approving authority to make its decision by an additional 30 days.

(2) Where any extension is granted under subsection (1), the Attorney General shall execute a notice of ex tension extending the time for registration of the certifi cate of approval for an equivalent number of days.

(3) Notwithstanding that no extension has been granted under subsection (1), the Attorney General may, prior to 8

20. Amended certificate of approval. Recommendation No. 15. 21. Registration is conclusive proof of compliance with the Act. Recommendation No. 17. 22. Extension of time. Recommendation No. 18. 8

the expiratiDn 'Of the 120-day periDd referred tD in sec tiDn 19, execute a nDtice 'Of extension extending the time fDr registration 'Of the certificate 'Of apprDval beYDnd the 120-day periDd.

(4) The nDtice 'Of extensi'On executed under subsectiDn

(2) Dr (3) shall be registered in the land titles 'Office fDr the land registration district in which the land is situated priDr t'O the expiratiDn 'Of the 120-day periDd and shall be served fDrthwith upDn the perSDns WhD were served with the notice 'Of intentiDn and up'On any 'Other perSDn WhD has given nDtice 'Of DbjectiDn Dr has 'Otherwise become a party tD the inquiry. 23.

(1) An exprDpriating authDrity may abandDn its intentiDn tD exprDpriate, either whDlly 'Or partially, at any time befDre registratiDn 'Of the certificate of apprDval in the land titles 'Office.

(2) The exprDpriating authDrity shall serve a CDPY 'Of a nDtice 'Of abandonment 'On all pers'Ons WhD were entitled tD be served with the nDtice 'Of intentiDn t'O expr'Opriate, including the apprDving authDrity, and shall depDsit the nDtice in the apprDpriate land titles 'Office.

(3) Where an exprDpriatiDn has been aband'Oned the exprDpriating authority shall pay tD the 'Owner any actual l'Oss sustained by him and the reasonable legal, appraisal and 'Other CDStS incurred by him up to the time 'Of aband'On ment, as a cDnsequence 'Of the initiatiDn 'Of the exprDpri ati'On prDceedings.

(4) CDmpensatiDn payable under this sectiDn including CDStS, shall be fixed by the Board. 9

23. Abandonment of expropriation. Recommendation No. 19. 9

PART 2 PROCEDURE FOR CO'MPENSATION 24.

(1) There is hereby established a Board called the "Land C'Ompensation and Surface Rights Board" consist ing of the members appointed by the Lieutenant Governor in CQuncil in accordance with this section.

(2) The Lieutenant Governor in Council shall designate one member as chairman and 'One 'Other member as vice chairman and may appoint such other members as the Lieutenant GQvernor in CQuncil c'Onsiders advisable.

(3) The perSQns whQ are members of the Surface Rights BQard under The Sur/ace Rights Act immediately prior tQ the CQmmencement 'Of this Act shall be members 'Of the Land CQmpensatiQn and Surface Rights BQard without the necessity 'Of a new or further appointment.

(4) The chairman shall be an active member in good standing 'Of The Law Society 'Of Alberta.

(5) The first perSQn apPQinted as vice-chairman shall be the chairman 'Of the Surface Rights Board immediately priQr to the CQmmencement 'Of this Act and subsequent holders 'Of the Qffiee 'Of vice-chairman shall be persons ex perienced in determining compensatiQn for agricultural land.

(6) The chairman and -each member of the Board shall receive such remuneration as may be fixed by the Lieuten ant Governor in Council.

(7) Each member of the Board holds Qffke during good behaviour for a term of 10 years from the date of his ap pointment and at the expiration of his term of office is eligible for reappointment.

(8) Subject tQ subsection (10), the chairman may select a member or any uneven number of members to deal with a particular cas'e 'Or class or group 'Of cases.

(9) The member or members selected pursuant to sub section (8) may perform the functions of the Board in re spect of the particular case 'Or class or grQUp of cases for which they were selected and when performing any of those functions shall have all the powers and jurisdiction of the Board.

(10) Where the expropriated land is agricultural land the vice-chairman or his nominee shall ,be the single member 'Or presiding member, as the case may be, for the purposes of subsection (8). 25. In accordance with The Public Service Act there may be apPQinted a secretary, an assistant secretary, in spector's, land examiners and such 'Other employees as are required tQ carry 'On the business of the Board. 10

24. The Land Compensation and Surface Rights Board. Rec ommendation No. 20. 25. Staff. Recommendation No. 20. 10

(1) The Lieutenant Governor in Council may make rules of procedure and practice governing the hearings and proceedings before it and in particular relating to (

a) the method and form of initiating proceedings, (

b) notice to admit facts, (

c) production of documents, (

d) examinations for discovery, and (

e) providing for the hearing of two or more claims together.

(2) The Board may hold its sittings at such place or places in Alberta as it from time to time considers expedi ent.

(3) The Board shall cause all oral evidence submitted before it at a formal hearing to be recorded, and this evi dence together with any documentary and other evidence, shall form the record before the Board.

(4) The Board has (

a) all the powers of a commissioner appointed under The Public Inquiries Act, and (

b) such further powers and duties as may be provided by the Lieutenant Governor in Council.

(5) The Board may enter upon and inspect, or authorize any person to enter upon and inspect, any land, building, works or other property.

(6) The Board (

a) in conducting any hearing shall proceed in accord ance with its rules of procedure and practice, (

b) is not bound by the rules of law concerning evi dence, and (

c) may adj ourn any hearing of a proceeding from time to time for such length of time as the Board in its discretion considers expedient or advisable.

(7) If any person, other than a party without just cause, (

a) on being duly summoned as a witness before the Board makes default in attending, or (

b) being in attendance as a witness refuses to take an oath legally required by the Board to be taken, or to produce any document or thing in his power or control legally required by the Board to be produced by him, or to answer any question to which the Board may legally require an answer, a member of the Board may certify a statement of the facts of the default or refusal of that person and a judge of the Supreme Court, on the application of the Board, may there- 11

26. Procedure and powers of the Board. Recommendation No. 21. 11

upon inquire into the matter and, after hearing any wit nesses who may be tendered and after hearing any repre sentations that may be offered, may (

c) issue a warrant requiring the attendance of the person before the B'Oard, 'Or the production by him of the document or thing, or (

d) commit the person for contempt. 27.

(1) Where the expropriating authority and the owner have not agreed up'On the compensation payable under this Act, the Board shall determine such compensa tion.

(2) The Board shall also determine any other matter re quired by this or any other Act to be determined by the Board.

(3) Notwithstanding subsection (1), where the expr'Opri ation is by the Cr'Own, the owner may elect to have the c'Om pensation fixed by the court and in such case the provisions of this Act relating to determination of c'Ompensation by the Board apply with all necessary m'Odifications to the pro ceedings before the court. 28.

(1) Where a certificate of approval has been regis tered, the expropriating auth'Ority shall forthwith serve the owner with a notice of expropriation in Form A.

(2) The owner is entitled to an immediate payment in the amount which the expropriating authority estimates to be equal to the compensation to which the owner is then en titled in respect of his interest in the land.

(3) Within 90 days after registration of the certificate of approval the expropriating authority shall give to the owner a written notification, setting out the amount esti mated pursuant to subsection (2) or (4), hereinafter re ferred to as "the proposed ,payment".

(4) Where the expropriated land is part of a larger parcel, (

a) the proposed payment shall be for the estimated value of the expropriated land, and excepting co owners 'Of the same interest, where there is more than one 'Owner and they are not co-owners of the same interest therein, the owners may agree as to the disposition among themselves of the proposed payment, but in the event of dispute the expropriat ing authority may apply to the Board for an 'Order for payment to the Board of the proposed payment and the Board may make directions as to the dis position 'of that amount, and 12

27. Fixing compensation. Recommendation No. 22. 28. Proposed payment. Recommendation No. 23. 12

(

b) the proposed payment shall include the expropriat ing authority's estimate of severance damage.

(5) Acceptance by the owner of the proposed payment is without prejudice to his right to claim additional compen sation in respect of the expropriation.

(6) The proposed payment is irrevocable by the expro priating authority until the hearing but nothing in this sec tion shall prevent the Board from awarding an amount less than that of the proposed payment.

(7) The expropriating authority may, within the 90-day period mentioned in subsection (3) and before taking possession of the land, upon giving at least two days' notice to the registered owner, apply to the court for an order extending the 90-day period. 29. The proposed payment shall be based on a written appraisal, and a 'Copy of the appraisal shall accompany the notification to the owner pursuant to ,section 28, subsection (3) . 30.

(1) To assist the expropriating authority in making its appraisal, the owner shall furnish on request to the ex propriating authority any information relevant to the valu ation of his interest.

(2) Any owner who withholds any relevant information may be penalized in (

a) costs, and (

b) interest that he would otherwise be entitled to. 31. Where the expropriating authority is unable to ob tain the information necessary to make a proper determina tion of the amount of a proposed payment, the expropriat ing authority may apply to the Board for directions and the Board may determine the amount of the proposed pay ment. 32.

(1) The owner may obtain an independent appraisal of his interest that has been expropriated and the expropri ating authority shall pay the reasonable cost 'Of the apprais al.

(2) The owner may obtain advice from any solicitor of his choice as to whether to accept the proposed payment in full settlement of compensation, and the expropriating authority shall pay the owner's reasonable legal costs there in. 33.

(1) Where the expropriating authority and the owner have not agreed upon the compensation payable under this Act 13

29. Determination of proposed payment. Recommendation No. 24. 30. Expropriating authority entitled to certain information from owner. Recommendation No. 25. 31. Application to Board to determine proposed payment. Rec ommendation No. 26. 32. Payment of costs. Recommendation No. 27. 33. Time limit. Recommendation No. 28. 13

(

a) the expropriating authority may institute pr'Oceed ings to determine compensation after offering the proposed payment; (

b) the owner may institute proceedings after the of fering 'Of the proposed payment or the expiration of the time for offering the proposed payment whichever shall first occur.

(2) Where no proceedings have been commenced by either party within one year of the date of offering the pro posed payment, the amount of the proposed payment shall be conclusively deemed to be the full compensation to which the owner is entitled. 34.

(1) An appeal lies to the Appellate Division from any determination or order of the Board.

(2) An appeal under subsection (1) may be made on questions of law or fact or both and the Appellate Division (

a) may refer any matter back to the Board, or (

b) may make any decision or order that the Board has power to make, and may exercise the same powers that it exercises on an appeal from a judge of the Trial Division sitting without a jury, and the rules and practice applicable to appeals to the Appellate Division apply. 35.

(1) Where the jurisdiction of the Board or the vali dity of any decision, order, direction or other act of :the Board is called into question by any person affected there by, the Board, upon the request of that person, shall state a case in writing to the Appellate Division setting forth the material facts and the decision of the Appellate Division thereon is final and binding.

(2) If the Board refuses to state a case, the person affec ted may apply to the Appellate Division for an order direct ing the Board to state a cas'e.

(3) Pending a decision on the stated case, no further pro ceedings in respect of the application shall be taken by the Board except with leave of a judge of the Appellate Divi sion. 36.

(1) The reasonable legal, appraisal and other costs actually incurred by the owner for the purpose of determin ing the compensation payable, shall be paid by the expro priating authority, unless the Board determines that special circumstances exist to justify the reduction or denial of costs.

(2) The Board may order iby whom the costs are to be taxed and allowed. 14

34. Appeals. Recommendation No. 29. 35. Stated case. Recommendation No. 30. 36. Costs. Recommendation No. 33. 14

(3) Where settlement has been made without a hearing and the owner and the expr'Opriating authority are unable to agree on the costs payable by the expropriating authority the Board may determine ,the costs payable to the owner and subsections (1) and (2) shall apply. ( 4) On appeal by the expropriating authority c'Osts of the appeal shall be paid on the same basis as they are payable under subsecti'On (1) and on appeal by the owner, the owner is entitled to his costs where the appeal is successful and, where unsuccessful, the costs are in the discretion of the Appellate Division. 37.

Where the persons interested, or appearing to be interested, in the compensation, fail to agree as to the dis position thereof am'Ong themselves then the Board shall de termine the claimant or claimants to whom the compensa tion, or any portion or portions thereof, is payable and shall order and direct the payment thereof in accordance with such determination. Principles of Co,mpensation 38. The market value 'Of land expropriated is the amount the land might be expected to realiz'e if sold in the open market by a willing seller to a willing buyer. 39.

(1) Where land is expropriated, the expropriating authority shall pay the owner such compensation as is de termined in accordance with this Act.

(2) Where land is expropriated, the compensation pay- able to the owner shall be based upon (

a) the market value of the land, (

b) the damages attributable to disturbance, (

c) the value to the owner of any element of special economic advantage to him arising out of 'Or inci dental to his occupation of the land to the extent that no other provision is made for its inclusion, and (

d) damages for inj urious affection. 40. Where the owner of the land which is being or was expropriated is or was in occupation and as a result of the expropriation it ,is or was necessary for him to give up occupation of the land, the value of the land is greater of (

a) the market value thereof determined as s'et forth in

section 38, or (

b) the aggregate of 15

37. Distribution of compensation. Recommendation No. 38. 38. Determination of market value. Recommendation No. 40. 39. Principles of compensation. Recommendation No. 41. 40. Value of expropriated land. Recommendation No. 42. 15

(

i) the market value thereof determined on the basis that the use to which the expropriated land was being put at the time of its taking was its highest and best use, and (ii) damages for disturbanC'e. 41. In determining the amount of compensation payable no allowance shall be made on account of the acquisition being compulsory. 42. In determining the value of the land, no account shall be taken of (

a) any anticipated 'Or actual use of the land by the expropriating authority at any time after the ex propr,iation ; (

b) any value established 'Or claim'ed to be established by or by reference to any transaction or agreement involving the sale, lease or other disposition of the land, where such transaction or agreement was entered into after the commencement of expropria tion proceedings; (

c) any increase or decrease in the value of the land resulting from the development or the imminence of the development in respect of which the expro priation is made or from any expropriation or im minent prospect of expropriation; (

d) any increase or decrease in the value of the land due to development of 'Other land that forms pa~t of the development for which the 'expr'Opriated land is taken; (

e) any increase in the value of the land resulting from its having been put to a use that was contrary to law; (

f) any increase or decrease in value which results from the imposition or amendment of a zoning by-law, land use classification or analogous enactment made with a view to the development under which the land is expropriated. 43.

(1) Where any land has any building or other structure erected thereon that was specially designed for use for the purpose of a school, hospital, municipal institu tion or religious or charitable institution or for any similar purpose, and the use of the building or other structure for that purpose by the owner has been rendered impracticable as a result of the 'expropriation, the value of the expropria ted interest is, if the expropriated interest was and, but for the expropriation, would have continued to be used for that 16

41. No additional payment for compulsory taking. Recom mendation No. 43. 42. Factors not to be considered in determining value. Recom mendation No. 44. 43. Special purpose structures. Recommendation No. 45. 16

purpose and if at the time of its taking there was no general demand or market for the building or structure to be used for that purpose, the greater of (

a) the market value of the expropriated interest de termined as set forth in

section 38, or (

b) the aggregate of (

i) the cost of any reasonably alternative interest in land for that purpose, and (ii) the cost, expenses and losses arising out of or incidental to moving to and re-establishment on other premises, minus the amount by which the owner has improved, or may reasonably be expected to improve, his position through re establishment on other premises.

(2) F'or the purposes of subsection (1), clause (

b) the cost of any reasonably alternative interest in land shall be computed as of the date at which construction of the new building or the structure could reasonably be begun. 44.

(1) Upon application therefor, the Board shall, after fixing the market value of lands used for the princi pal residence of the owner, award such additional amount of compensation as, in the opinion of the Board, is necessary to enable the owner to relocate his residence in accommoda tion that is at least equivalent to the accommodation expro priated, and in fixing the additional amount of compensa tion the Board shall inc! ude the increase in cost between the time of expropriation and the time when the new accommo dation could reasonably be obtained.

(2) In this

section "owner" means a registered owner or purchaser and does not include a tenant. 45. Where there is more than one separate interest in land, the market value of each such separate interest shall be established separately. 46.

(1) Where the expropriated land is subject to a sec urity interest, the market value of each person having an interest in the land shall be established separately.

(2) Where the amount owing to the security holder is greater than the market value of his interest and there is no collateral security other than the covenant of the pur chaser or borrower to pay the amount of the debt the security interest shall be deemed to be fully paid, discharg ed and satisfied on payment to the security holder of the market value of the security.

(3) Where the amount owing to the security holder is greater than the market value of his interest and there is 17

44. Relocation of residence. Recommendation No. 46. 45. Separate interests to be separately valued. Recommenda tion No. 47 46. Security interests. Recommendation No. 49. 17

collateral security other than the covenant of the purchaser or borrower to pay the amount of the debt, and whether such collateral is by way of security on other property or a guarantee of a third party or otherwise, the c'Ompensation shall not fully discharge the debt, and the Board shall determine the balance remaining and the manner in which it is to be repaid.

(4) Where the expropriati'On is of a part of land that is subject to a security interest, the Board shall de termine the market value of the expropriated part and shall distribute the compensation between the parties as it considers just in the circumstances. 47. The expropriating authority shall pay to an owner other than a tenant, in respect of disturbance, such reason able costs and expenses as are the natural and reasonable consequences of the expropriation, including, (

a) where the premises taken include the owner's residence, (b) (c) (

i) an allowance of (

A) five per cent of the compensation payable in respect of the market value 'Of that part of the land expropriated that is used by the owner for residential purposes, or (

B) the actual amount proved with respect to those items, whichever is the greater, to compensate for inconvenience and the costs of finding an'Other residence provided that the part of the land S'O used was not being offered for sale on the date of the expropriation, and (ii) a reasonable allowance for improvements the value 'Of which is not reflected in the market value of the land; where the premises taken do not include the own er's residence, the 'Owner's costs of finding premises to replace th'Ose expropriated, provided that the lands were not being offered for sale on the date of expropriati'On; relocati'On costs, to the extent that they are not covered in clause (a) 'Or (b), including, (

i) moving oosts, and (ii) legal and survey costs and other non-recover able expenditures incurred in acquiring other premises. 48.

(1) The -expropriating authority shall pay to a ten ant 'Occupying expr'Opriated land in respect 'Of disturbance so much of the cost referred to in secti'On 47 as is appropri ate having regard to, 18

47. Disturbance compensation to owner. Recommendation No. 50. 48. Disturbance compensation to tenant. Recommendation No.5!. 18

(

a) the length of the term, (

b) the portion of the term remaining, (

c) any rights to renew the tenancy or the reasonable prospects of renewal, (

d) in the case of a business, the nature of the business, and (

e) the extent of the tenant's investment in the land.

(2) The tenant's right to compensation under this sec tion is not affected by the premature determination of the lease as a result of the expropriation. 49. Where the expropriated land is subj-ect to a security interest, the expropriating authority shall pay to the secu rity holder three months' interest at the current rate, on the amount 'Of the outstanding principal together with the security holder's reasonable costs of reinvestment. 50.

(1) Where a business is located on the land expro priated, the expropriating authority shall pay compensation f'Or business loss resulting from the relocation of the :busi ness because of the expropriation and the Board may defer determination of the business losses until the business has moved and been in operation for six months or until a three year period has elapsed, whichever occurs first.

(2) The Board may, on the application of the expropriat ing authority or an owner, include in determining compen sation an amount not exceeding the value of the good will of a business where the land is valued 'On the basis of its existing use and, in the opinion of the Board, it is not feas ible for the owner to relocat-e. 51. Where only part of an owner's land is expropriated and as a result of the expropriation the value of the remain ing land is increased, the owner shall nevertheless be -en titled to the market value of the land expropriated. 52. Where only part of the land of an owner is taken, and such

part is valued on the basis of a use other than the existing use, then the owner is not entitled to claim for in j urious affection to the balance of the land. 53. Where part only of an owner's land is taken compen sation shall be given for (

a) injurious affection, including (

i) severance damage, and (ii) any reduction in market value to the remain ing land, and 19

49. Disturbance compensation to security holder. Recommenc;la tion No. 52. 50. Business losses. Recommendation No. 53. 51. Partial taking. Recommendation No. 54. 52. No claim for injurious affection where land valued on other than existing use. Recommendation No. 55. 53. Compensation for injurious affection and incidental damage arising from a partial taking. Recommendation No. 56. 19

(

b) incidental damages, if the injurious affection and incidental damages result from or are likely to result fr'Om the taking or from tbe constructi'On or use of the works for which the land is acquired. 54. On the expropriation of an easement 'Or right of way the Board, in making its award f'Or the value of the interest taken, may ignore the residual value to the owner. 55. Where the expropriation is of an easement 'Or right of way, the Board may determine the amount of compensa tion payable by the expropriating authority for (

a) damage caused by or arising out of the 'Operation of the 'expropriating authority to any land of the owner 'Or occupant other than the area expropria ted, (

b) the loss of 'Or damage to livestock or other personal property of the owner or occupant caused by or arising 'Out of the operations of the expropriating authority, and (

c) time spent 'Or expense incurred by the owner or occupant in repairing or recovering ,any of his per sonal property, or in recovering any of his livestock that have strayed, due to

an act or omission of the expropriating authority, and shall direct the person to whom the compensation is payabl'e. '20

54. Expropriation of easement or right of way. Recommenda tion No. S7. 55. Compensation for damages incurred ansmg from expro priation of the easement or right of way. Recommendation No. 58. 20

PART 3 GENERAL 56. Where a propDsed payment has been paid tD a per son in respect of an exprDpriated interest, the amDunt so paid shall be deducted frDm the amDunt 'Of the cDmpensatiDn awarded by the BDard, and where the amount SD paid ex ceeds the alTI'Ount awarded by the Board, the excess cDnsti tutes a debt tD the exprDpriating authDrity and may be re covered by actiDn. 57. The Lieutenant GDvernDr in C'Ouncil may make such 'Orders, rules and regulatiDns as may be cDnsidered neces sary tD effect the intent 'Of this Act. 58.

(1) The right tD cDmpensatiDn and the -cDmpensation finally awarded for any estate Dr interest acquired Dr taken under this Act in CrDwn Dr 'Other land by an expro priating authority shall stand in the stead of the estate Dr interest SD acquired 'Or taken and a claim to Dr an encumbrance up 'On the estate Dr interest is cDnverted, as against the exprDpriating authDrity, intD a -claim for the compensatiDn Dr a pDrtiDn 'Of the cDmpensatiDn.

(2) When the estate 'Or interest has been exprDpriated in the manner prDvided by this Act, the estate Dr interest becornes the prDperty 'Of the expropriating authority free and clear 'Of any and all claims and encumbrances in respect 'Of the previ'Ous estate Dr interest. 59.

Where a fee simple estate in any land is held by any perSDn and the land is nDt registered in a land titles office, the land may be exprDpriated by a depDsit in the land titles 'Office for the land registratiDn district in which the land is situated 'Of a certificate 'Of apprDval and such certificates 'Of title may be made in respect there 'Of by the registrar of the land titles 'Office as may be necessary tD indicate the vesting in the exprDpriating authDrity 'Of the land expro priated. 00.

(1) Whether 'Or nDt exprDpriatiDn proceedings have been cDmmenced by registratiDn 'Of n'Otice 'Of intention to expropriate, the expropriating authDrity may, after maki~g reasDnable effDrt tD give n'Otice thereDf tD the person III P'Ossession 'Of the land, enter by itself 'Or by its servants or agents, 'On any CrDwn 'Or 'Other land fDr the purpose of making (

a) surveys, examinati'Ons, S'Oil tests, 'Or 'Other necessary arrangements t'O determine the IDcati'On 'Of any pr'OPDsed w'Orks 'Or the descriptiDn 'Of the land that he may require in cDnnectiDn therewith, and 21

56. Credit of proposed payment against compensation awarded. Recommendation No. 59. 57. Regulations. Recommendation No. 60. 58. Expropriation vests clear title. Recommendation No. 61. 59. Unregistered land. Recommendation No. 62. 60. Right of entry. Recommendation No. 11. 21

(

b) an appraisal of the value of the land 'Or any interest therein.

(2) Subject to subsection (3), where it is necessary to effect a survey an expropriating authority may, by itself or by its servants or agents, cut down any trees or brush that obstruct the running of survey lines.

(3) An expropriating authority who exercises a power given by this secti'On shall compensate the registered owner or person in possession of the land, as the case may be, for all damage caused by it or its servants or agents in or by the exercise of all or any of the powers given by this section.

(4) Where the land entered upon is not expropriated, no action lies against the expropriating authority for damage occasioned by it in the exercise of a power given by this

section unless notice in writing signed by the claimant is given no the expropriating authority who exer cised the power within six months after notice was given to the claimant pursuant to subsection (1).

(5) The provisions of this

section for notice and com pensation apply notwithstanding that the authorizing Act makes express provision with respect to the subject matter of this section. 61.

(1) After the certificate of approval has been regis tered, the expropriating authority may, subject to any agreement to the contrary, serve on the person in possession a notice that it requires the land on the date specified therein.

(2) The date specified shall be at least 90 days from the date of registration 'Of the certificate of approval, but in the case of the taking of a right of way the period shan be seven days.

(3) After service of the notice either party may apply to the court by 'Originating notice of motion on three days notice f'Or an adjustment 'Of the date f'Or possession speci fied in the notice, and the court may order an adj ustment in the date. ( 4 ) Notwithstanding anything in this section, the ex propriating authority shall not be entitled to take posses sion (

a) in the case of a right of way, until after the pro posed payment has been made, or (

b) in all 'Other cases, until the expiry of 30 days after the proposed payment has been made except by leave of the court. 22

61. Date of possession. Recommendation No.3!. 22

62. If any resistance or opposition is mad.e ~r is threat ened to be made by any person to the exproprIating authori ty, or to any authorized person a!cting for it, in exercising its rights in or over, or to enter upon and take possession of, the land, the court may upon applicat~on by originating notice of motion issue a writ 'Of P'OSSeSSIon or such other order as may be necessary to enable the expropriating author,ity to exercise such rights. 63.

(1) An expropriating authority shall pay interest at such rate as the Board considers just (

a) with respect to (Ii) compensation for the land, and (ii) severance damages on a partial taking from the date of acquisition of title until payment in full; (

b) on damages for disturbance from the date of the award of the damages until payment in full.

(2) Notwithstanding subsection (1), where the owner is in possessi'On when the expr'Opriating authority acquires title, he is not entitled to interest until he has given up possession.

(3) Where the expropriating authority has delayed lin notifying the owner of the proposed payment beyond the prescribed time, the Board shall order the expropriating authority to pay additional interest on the value of the land and severance damage, if any, from the beginning of the delay until the proposed payment is or was made, at the same rate as that prescribed in subsection (1).

(4) Where the amount 'Of the proposed payment is less than 80 per cent of the amount awarded for the interest taken and severance damage, if any, the Board shall order the expropriating authority to pay additionallinterest at the same rate as that ,prescribed in subsection (1), from the date of notifying the owner of the proposed payment until payment, on the amount by which the compensati'On exceeds the amount of the proposed payment.

(5) Notwithstanding subsections (3) and (4), where the Board is 'Of 'Opinion that a proposed payment of less than 80 per cent of the amount awarded for the interest taken and severance damage, if any, or any delay in notifying the owner of the proposed payment is not the fault of the ex pr'Opriating authority, the Board may refuse to allow the owner additional interest for the whole or any part of any period for which he would otherwise be entitled to interest. '64. Where a document is required by this Act to be served on any person and no method 'Of service is prescribed, the document may be served personally or by registered 23

62. Enforcement of right to possession. Recommendation No. 32. 63. Interest. Recommendation No. 34. 64. S'ervice of documents. Recommendation No. 35. 23

mail addressed to the person to be served at his last known address, or if that person or his address is unknown, by publication once in a newspaper having general circulation in the locality in which the land concerned is situated, and service shall be deemed to be made (

a) in the case of service by registered mail, lin ordinary course of mail; (

b) in the case of service by publication on the date of publicati'On. 65.

(1) If the owner of land which is the subject of ex propriation is under a legal disability, or is not known, or his residence is not known, 'Or he cannot be found, the court may app'Oint a person to act in his hehalf for any purpose und'er this Act.

(2) Where there is no guardian, committee or 'Other per son to represent an 'Owner under legal disability, or the owner ,is unknown, 'Or his residence is unknown, or he can not be found, the expropriating authority shall apply to the court for an order for payment into court of the proposed payment and the court may make directions as to the dis P'Ositi'On of that amount . .a6.

(1) After the 'expr'Opriating authority has acquired title, where the expropriating authority or the Board is in doubt as to the pers'Ons who had any interest in the land or the nature or extent thereof the expropriating auth'Ority may apply 'Or the Board may direct the expr'Opriating authority to apply to the court to make a determinati'On re specting the state of the title of the land immediately before the expr'Opriation, and the court shall determine that issue.

(2) Where any application is made under subsection (1), (

a) notwithstanding secti'On 28, subsection (3), the ex propriating authority has 90 days from determina tion of the issue by the court to make its notifica tion of pr'Oposed paym'ent, and (

b) the expr'Opriating authority may apply to the court for leave to take possession of the land as s'Oon as it is required by the expropriating auth'Ority. 67.

(1) If, within two years of acquiring title to land by expropriation, the expropriating auth'Ority finds that the lands or any portion thereof are n'O longer required for its purposes and the expropriating authority desires to dis p'Ose of them, it shall first offer to sell them to the former owner of the fee simpJ.e and if the former owner does not accept the offer the expropriating authority may sell the lands to any other person 'On terms that are at least as fav orable to the expropriating authority. 24

65. Special cases. Recommendation No. 36. 66. Determination of interests in land. Recommendation No. 37. 67. Revesting of expropriated interest. Recommendation No. 39. 24

(2) Where the expropriation is of part of a parcel of land, the offer pursuant to subsection (1) shall be to the former owner or his successor in title to the residue of the parcel, and if there is more than one successor, to such of them as to the expropriating authority appears just.

(3) In the case of the taking of a right 'Of way, where at any time the expropriating authority or its successor has discontinued the use for which the land was expropriated, the expropriating auth'Ority or the former owner of the expropriated lands or his successor in title to the land from which the right of way was taken may apply to the court for an order terminating the estate or interest of the expr'opriating authority and the court may (

a) terminate the estate or interest acquired by the expr'Opriating authority, and (

b) grant the estate or interest so terminated to the person from whom it was expropriated or to such other person as the court may 'Order.

(4) Where the expropriated estate or interest is one to which The Land Surface Conservation and Reclamation Act applies, the court shall not make an order under sub section (3) unless a certificate under that Act has been furnished.

(5) An order of the court made pursuant t'O subsection (3), Dr a certified copy thereof, (

a) may be registered in the appropriate land titles office, or (

b) if the land is not registered in a land titles office, may be filed with the Deputy Minister 'Of the De partment charged with the administration of the land affected, and upon registration or filing the estate or interest so terminated is revested in the person from whom it was ex prDpriated or is vested in the other person named in the order, as the case may be. :68.

(1) Subject to subsection (2), where only part of the interest of a lessee is expropriated, the lessee's obligation tD pay rent under the lease shall be abated tD such extent as the parties agree Dr, failing agreement, as determined by the Board.

(2) Where all the interest 'Of a lessee in land is expro priated Dr where part 'Of the lessee's interest is exprDpriated and the exprDpriatiDn renders the remaining part 'Of the les see's interest unfit fDr the purpDses of the lease, as deter mined by the BDard, the lease shall be deemed tD be frus trated frDm the date 'Of the exprDpriatiDn. 25

68. Expropriation of lessee's interest. Recommendation No. 48. 25

PART 4 CONSEQUENTIAL 69.

(1) The Surface Rights Act is amended (

a) as to

section 1, by striking out clause (

a) and by substituting therefor the following clause: (a) "Board" means the Land Compensation and Surface Rights Board constituted under The Expropriation Act; (

b) by striking out

section 3, and (

c) by striking out the words "Surface Rights Board" wherever they appear in Form A in the

Schedule and by substituting therefor the words "Land Com pensation and Surface Rights Board".

(2) The Land Surveyors Act is amended as to

section 53, subsection (2), clause (a), subclause (ii) by striking out the words "Surface Rights Board" and by substituting therefor the words "Land Compensation and Surface Rights Board". 70.

(1) The Alberta Government Telephones Act is amended as to

section 25 by striking out subsection (3).

(2) The Alberta Resources Railway Corporation Act is amended as to

section 13 by striking out subsection (2).

(3) The Colleges Act is amended as to

section 37 by striking out subsection (2) .

(4) The Department of the Environment Act is amended as to

section 15, subsection (2), clause (

g) by striking out the words "Part 3 of The Expropriation Procedure Act" and by substituting therefor the words "The Expropriation Act".

(5) The Alberta Housing Act is amended by striking out

section 40 and by SUbstituting there.for the following sec tion: 40. Where a municipality desires to expropriate land for the purpose of implementing an urban renewal scheme being undertaken pursuant to

section 34, the municipality may make a commitment to dispose of land before it has acquired it.

(6) The Hydro and Electric Energy Act is amended as to

section 30, clause (

b) by striking out the word "Procedure".

(7) The. Irrigation Act is amended as to

section 49 by striking out subsection (2).

(8) The Land Titles Act is amended as to

section 93 by striking out 26

69. Consequential. 70. Consequential amendments. 26

(

a) in subsection (1) the words "plans 'Of surveys of any land taken for any public work as provided for in The Expropriation Procedure Act, the lands shown on such plans" and by substituting therefor the words "certificate of approval 'Of any land taken for any public work under the provisions of The Expropriation Act, the lands shown in the C'ertifi cate", and (

b) in subsection (2) the words "any plans of survey" and by substituting therefor the words "any certi ficate of approval".

(9) The Landmen Licensing Act is amended as to sec tion 2, clause (c), subclause (ii) by striking out the word H Procedure".

(10) The Municipal Government Act is amended (

a) as to

section 127, subsection (9) by striking out the words "Public Utilities Board" and by substituting there/or the words "Land Compensation and Sur face Rights Board", (

b) as to

section 130, subsection (1) by striking out the word "Procedure", (

c) as to

section 245, clause (

b) by striking out the word "Procedure", and (

d) as to

section 284, subsection (1) by striking out the word "Procedure".

(11) The Municipal Telephone Act is amended as to

section 6, subsection (2), clause (

a) by striking out the word "Procedure".

(12) The Pipe Line Act is amended (

a) as to

section 41 by striking out clause (

d) and by substituting therefor the following clause: (

d) by proceedings under The Expropriation Act. and (

b) as to

section 42, subsection (1) by striking out the words "by an order under The Expropriation Pro cedure Act" and by substituting therefor the words "under The Expropriation Act".

(13) The Public Highways Act is amended (

a) by striking out the words "section 16 and sections 18 to 21 of The Expropriation Procedure Act except where those provisions are inconsistent with this section" wherever they appear in

section 30, sub section (6) and

section 31, subsection (.5) and by sUbstituting therefor the words "The Expropria tion Act", and (

b) as to

section 37, subsection (4) by striking out the words "Part 2 of The Expropriation Procedure 27

Act" and by sUbstituting therefor the words "The Expropriation Act".

(14) The Public Works Act is amended (

a) as to

section 21 by striking out subsection (3) and by substituting therefor the following subsection:

(3) The deposit in the land titles office of a cer tificate of approval as provided in The Expropri ation Act shall, for the purposes of The Land Titles Act, be deemed to be the filing of a plan of the land. and (

b) as to

section 25 by striking out subsection (3).

(15) The Research Council Act is amended as to sec tion 1 0 by striking out the word "Procedure".

(16) The Universities Act is amended as to

section 17 by striking out subsection (2).

(17) The Water, Gas, Electric and Telephone Com panies Act is mnended as to

section 32, subsection (2), clause (

b) by striking out the word "Procedure".

(18) The Water Resources Act is amended (

a) as to

section 82, subsection (2) by striking out the words "The Expropriation Procedure Act re lating to the tender," and by substituting therefor the words "The Expropriation Act relating to proposed payments and to", and (

b) as to

section 86, subsection (2), clause (

b) by strik ing out the word H Procedure". 71.

Wherever a reference is made to The Expropriation Procedure Act, to the Public Utilities Board when acting pursuant to that Act, to the Board of Arbitration under the former The Right of Entry Arbitration Act or to the Surface Rights Board established under The Surface Rights Act in any statutory provision not amended by this Act or in any regulation, order, direction or other instrument in force in Alberta, the reference shall, in the former in stance, be deemed to be a reference to The Expropriation Act and in all other instances shall be deemed to be a reference to the Land Compensation and Surface Rights Board. 72.

Any order, rule, regulation, direction or other in strument made pursuant to a former Act and in force upon the commencement of this Act shall be deemed to be an order, rule, regulation, direction or instrument of the court or of the Land Compensation and Surface Righb; Board, whichever is appropriate, made pursuant to this Act. 28

71. Other references. 72. Orders under former Act. 28

73. Any proceeding commenced pursuant to The Ex propriation Procedure Act prior to the commencement of this Act shall be continued to its conclusion and treated for all purposes as if this Act had not come into force and the former Act had remained in force until such conclusion. 74. The Expropriation Procedure Act is hereby repealed. 75. This Act comes into force on a day to be fixed by Proclamation.

SCHEDULE (Section 2) TITLE 1. The Agricultural Service Board Act 2. The Land Titles Act 3. The Local Authorities Board Aet 4. The Planning Act 5. The Rural Mutual Telephone Companies Act 6. The Surface Rights Act EXTENT OF EXCEPTION Orders of reclamation under

section 19 Plans of subdivisions and plans of surveys under sections 82 and 91 Cancellation of plans of sub division (

a) compulsory subdivisions (

b) replotting schemes Confiscation of plant and equipment by Crown The whole 29

73. Proceedings continued under former provisions. 74. This Bill will replace

chapter 130 of the Revised Statutes of Alberta 1970. 29

FORM A (Section 26) NOTICE OF EXPROPRIATION T,o ............................................. . (name of the owner) (address) TAKE NOTICE THAT: 1. The following lands (set out description) have been expropriated on the . . . . day of . .. . .... , 19 ........ and are now vested in the expropriating authority. (Where the expropriated estate or interest is less than a fee simple, the interest will be stated, e.g., right of way for a pipe line.) 2. The name and address of the expropriating authority for service and further communication is: (name) (address) 3.

For your information and convenience we will set out the provisions dealing with your right to immediate payment of compensation based on an appraisal re port, dealing with the expropriating authority's right to take possession, and dealing with your right to costs. (The relevant sections will be attached; they are sec tion 25,

section 26,

section 27,

section 28,

section 32 and

section 59.) 4. If you are not satisfied with the amount the expro priating authority is willing to pay, you may take the matter to the Land Compensation and Surface Rights Board at ................................... . . . . . . . . . .. .. . . . . .. . . . . . . . . . . .. . . . . . . .. . . . ' .. (Where the expropriating authority is the Crown, add: or if you prefer you may commence proceedings in the Supreme Court of Alberta.) 30 Title: 1973 (17th, 2nd) Bill 89, The Expropriation Act

Document details

Collection	Alberta — Bills
Citation	L17 S2 5223
Type	bill
Volume / chapter	L17 S2 5223
Language	en
Format	json
Source	PROVINCIAL
Identifier	64e9b137c5eea68e04bfaaa67222f8a63ec5c032

Source file is stored in the law ingest library (json).