Bill 120 — Third Session, 16Th Legislature, 19 Elizabeth Ii Lie Th~ L~Ul~Latl V ~ A~:S~Lvltlly U.I:F\-Alfierta Bill 120 An Act To Amend the Expropriation Procedure Act (Legislature 16, Session 3)

L16 S3 4812

Alberta — Bills

1970 Bill 120 Third Session, 16th Legislature, 19 Elizabeth II liE TH~ L~Ul~LATl V ~ A~:S~lVltlLY U.I:f\-ALfiERTA BILL 120

An Act to amend The Expropriation Procedure Act THE MINISTER OF MINES AND MINERALS First Reading ............................. . Secol\d Reading ........ " .................... . Third Reading ..................... " ........ . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 120 1970

An Act to amend The Expropriation Procedure Act (Assented to , 1970) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Expropriation Procedure Act is hereby amended.

Section 2 is amended (

a) by striking out clause (

b) and by substituting the following: (b) "Board" means (

i) with respect to

Part 2, the Public Util ities Board, and (ii) with respect to

Part 3, the Board of Arbi tration or the Public Utilities Board, as the case may be; (b1) "Board of Arbitration" means the Board of Arbitration appointed under The Right of Entry Arbitration Act; (

b) by adding the following clause after clause (j) : (j1) "Public Utilities Board" means the Public Utilities Board constituted under The Public Utilities Board Act;

Section 22, subsection (2) is amended by striking out the word "public". 4. The following sections are added after

section 31: 31a. Except as provided in

section 31b, the Public Util ities Board has jurisdiction with respect to expropriations under this Part. 31b. The Board of Arbitration has jurisdiction with re spect to expropriations under this Part authorized under or pursuant to

Explanatory Notes I. This Bill amends

chapter 30 of the Statutes of Alberta, 1961. The primary purpose of this Bill is to transfer jurisdiction from the Public Utilities Board to the Board of Arbitration appointed under The Right of Entry Arbitration Act with respect to expro priation proceedings for pipe lines, power lines, telephone lines, and for dam sites, reservoirs, etc. required by a company under The Water Resources Act. The main provision to effect this transfer is found in the amendment in clause 4 of this Bill.

The Public Utilities Board presently has jurisdiction in expro priations under Parts 2, 3 and 4 and all other amendments to the Act in this Bill are made for the purpose of distinguishing between the Public Utilities Board on the one hand and the Board of Arbi tration on the other.

Section 2, clause (

b) presently reads: 2. In this Act, (b) "Board" means the Public Utilities Board constituted under The Public Utilities Board Act; See the note to clause 1.

Section 22, subsection (2) presently reads:

(2) Notwithstanding subsection (1), where a municipality owns or operates a pUiblic utility and desires to expropriate land for the purpose of its pipe line or power Hne ,or installaUons incidental thereto it may, in the alternative, expropriate the land in the manner presribed by

Part 3 as if it were a company within the meaning of

Part 3. The amendment clarifies that gas and other utilities would be included. 4.

Part 3 deals with expropriations for pipe lines, power lines and other works made by companies, i.e., by persons other than the Crown or a municipality. The amendment will transfer juris diction as to expropriations for pipe lines, power lines and tele phone lines and for dam sites, reservoirs, etc. required by com panies under The Water Resources Act to the Board of Arbitration.

(

a) The Pipe Line Act, 1958, or (

b) The Water, Gas, Electric and Telephone Companies Act, or (

c) section 84d of The Water Resources Act, where such expropriation proceedings are commenced on or after July 1, 1970.

Section 35, subsection (2), clause (

a) is amended by striking out the words "and when necessary" and by sub stituting the words "including when necessary". H.

Section 39, subsection (1) is amended by adding after the words "may apply to the Board" the words "that granted the order".

Section 43, subsection (3), clause (

b) is amended by striking out the words "under

Part 2, 3 or 4, the Board" and by substituting the words "under

Part 2, 3 or 4 to the Public Utilities Board, that Board".

Section 47, subsection (1), clause (

a) is amended by striking out the word "Board" and by substituting the words "Public Utilities Board".

Section 48 is struck out and the following sections are substituted: 48. The provisions of

Part 1 of The Public Utilities Board Act, relating to the powers of the Public Utilities Board, the procedure of that Board and the enforcement of orders of that Board, apply to proceedings and orders of that Board under this Act in so far as they do not conflict with the provisions of this Act. 48a. The provisions of The Right of Entry Arbitration Act relating to the powers of the Board of Arbitration, the procedure of that Board and the enforcement of orders of that Board apply mutatis mutandis to proceedings and or ders of that Board under this Act in so far as they do not conflict with the provisions of this Act.

Section 52 is amended by adding after the words "Part 1, 2, 3 or 4" the words "other than an order of the Board of Arbitration". 11. The following

section is added immediately after

section 52: 2

5. This change clarifies that interest in lands includes any necessary right of way.

Section 35, subsection (2), clause (

a) presently reads:

(2) The Board shall proceed to hear and determine the application and upon conclusion of the hearing or as soon as conveniently may be, the 'Board shall dispose of the application and make an order dec,laring, (

a) the estate or interest in the land granted to the company for the works and general undertaking of the company, and when necessary a right of way to and from the works, but subject to any provisions of the authorizing Act that provides for the nature of the estate, interest or right to be acquired by ex propriation, 6. This amendment will remove uncertainty as to the Board that would deal with termination orders.

Section 39, subsection (1) presently reads: 39.

(1) Where, at any time after the expiration of six months from the date of an order under this Part, the ,company has not begun construction of his works or has discontinued the use of his works, or has failed tOo pay any sums fixed as 'compensatiOon by the order, the oompany, or the owner of the lands expropriated ,by the order, or their ,successors or assigns, may apply to the Board for an order terminating the estate or interest of the company.

Section 43, subsection (3), clause (

b) presently reads:

(3) Where the persons interested, or appearing to be interested, in the compensation, fail to agree as to the disposition thereof among themselves then (

b) if the appUcation was made under

Part 2, 3 or 4, the Board shaH require the expropriating authority to pay the compensation into Court and the Court, on the applicatioon of any such claim ant,shall determine the claimant or claimants to whom the compensation, .or any portion or porilons thereof, is payable and shall order and direct the payment thereOof in accordance with such determinati.on. This provision will not apply to cases before the Board of Arbi tration because disputes as to which persons are entitled to the compensation will be subj ect to appeal under the proposed

section 52a. 8. Orders of the Board of Arbitration will be enforced under new

section 48a.

Section 48 presently reads: 48. The provisions of

Part 1 of The Public Utilities Board Act, re 'lating to the powers of the Board, the procedure of the Board and the enforeement of orders of the Board, apply tOo proceedings and orders of the Board under Parts 2, 3 and 4 .of this Act in so far as they do not confHct with the provisions of this Act.

Section 48a is added to provide that the prOVISIOns of

chapter 290 of the Revised Statutes relating to the powers, procedures and enforcement of orders of the Board of Arbitration will apply to orders under

Part 3.

Section 52 deals with appeals to the Appellate Division as to compensation, but compensation orders of the Board of Arbi tration will be subject to appeal to the district court under the proposed

section 52 a, in the same way that compensation orders under The Right of Entry Arbitration Act are subject to appeal. II.

Section 52a deals with appeals from orders of the Board of Arbitration pertaining to compensation to the district court. The procedure is the same as in

section 21 of The Right of Entry Arbi tration Act. 2

5.2a.

(1) An order of the Board of Arbitration under

Part 3 may be appealed to the district court as to the amount of money payable and the person to whom the money is payable.

(2) The party appealing shall, (

a) within 30 days after the date of the order declar ing the amount of money payable, cause a notice of appeal to be filed in the office of the clerk of the district court, in the judicial district in which the land is situated, and (

b) not later than 10 days after the filing of the notice of appeal, serve the Board and the other parties to the order appealed from or their respective so licitors with a copy thereof, by personal service or by registered mail.

(3) The Board of Arbitration, upon being served with a copy of the notice of appeal, shall forthwith transmit to the clerk of the district court a certified copy of the ap plication, the interim order and the order appealed from.

(4) The clerk of the district court upon receiving the certified copies of the documents referred to in subsection (3) shall, (

a) set down the appeal for hearing at the next sittings of the district court, and (

b) within 10 days after the appeal has been set down for hearing notify the Board of Arbitration and the parties or their respective solicitors of the date of the hearing by registered mail addressed to them at their addresses set out in the notice of appeal.

(5) An appeal to the district court shall be in the form of a new hearing.

(6) The district court (

a) has the power and jurisdiction of the Board of Arbitration in determining the amount of money payable and the person to whom the money is pay able, (

b) shall determine the amount of money payable and the person to whom the money is payable, (

c) shall, in its judgment, (

i) confirm the order of the Board, or (ii) direct that the order of the Board be varied and thereupon the Board without any further hearing shall vary its order in accordance with the judgment, and (

d) shall make such directions as to costs of the appeal as it considers just. 3

(7) A judgment under subsection (6) shall be served upon the Board of Arbitration.

(8) By leave of a judge of the Appellate Division of the Supreme Court of Alberta, any party may appeal from the judgment of the district court to the Appellate Division and the rules and practice applicable to appeals to the Appellate Division apply.

Section 53, subsection (3) is amended by striking out the word "Board" and by substituting the words "Public Utilities Board". 13. The Water, Gas, Electric and Telephone Companies Act is amended as to

section 29, subsection (1) by striking out the words "The Expropriation Procedure Act" and by substituting the words "The Arbitration Act". 14. This Act comes into force on July 1, 1970.

Section 53, subsection (3) presently reads:

(3) Notwithstanding subsection (1), an interim order made by the Board before the commencement of this Act or in proceedings mentioned in subsection (1) with respect to land under an authorizing Act shall be treated in all respects as an interim order under

Part 3. 13. Consequential. Corrects an erroneous reference. Title: 1970 (16th, 3rd) Bill 120,

An Act to amend The Expropriation Procedure Act

Document details

Collection	Alberta — Bills
Citation	L16 S3 4812
Type	bill
Volume / chapter	L16 S3 4812
Language	en
Format	json
Source	PROVINCIAL
Identifier	c68361f80466cb5305d64bfc3bed88f59c99cb96

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