Bill 41 — Third Session, 17Th Legislature, 23 Elizabeth Ii the Legislative Assembly of Alberta Bill 41 the Expropriation Act (Legislature 17, Session 3)

L17 S3 5307

Alberta — Bills

1974 Bill 41 Third Session, 17th Legislature, 23 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 41 The Expropriation Act MR. KOZIAK First Reading .............................. . 8econd Reading ............................ . Thivd Reading Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 41 Mr. Koziak BILL 41 1974 THE EXPROPRIATION ACT ( Assented to ,1974) 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 (

i) the Land Compensation Board 'constituted under this Act, or (ii) in the case of expropriations referred to in

section 26, subsection (2), the Surface Rights Board; (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, means any estate or inter est in land; (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 pers'on 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

Explanatory Note$ General. This Bill is based upon a report of the Institute of Law Research and Reform issued in March, 1973. An attempt is 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. :RecOJ;nmend9.tion~ No, 1 and No. 67.

(

v) in the case 'Of Cr'Own land, a pers'On sh'Own 'On the rec'Ords '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 expr'Opriat ing auth'Ority t'O carry its pipes, wires, c'Onduct'Ors 'Or transmissi'On lines up 'On, 'Over 'Or under land and that is registerable under The Land Titles A.ct; (k) "w'Ork" 'Or "w'Orks" means the undertaking and all the w'Orks and pr'Operty that may be acquired, c'On structed, extended, enlarged, repaired, maintained, impr'Oved, f'Ormed, excavated, 'Operated, recon structed, replaced 'Or removed in the exercise 'Of any P'Owers c'Onferred by an auth'Orizing Act.

Application of Act 2.

(1) This Act applies t'O any expropriati'On auth'Orized by the law 'Of Alberta and prevails 'Over any c'Ontrary pr'O visi'Ons that may be f'Ound therein, except the statutes 'Or parts 'Of statutes enumerated in

Schedule 1.

(2) This Act binds the Cr'Own. 3. Where an auth'Orizing Act permits 'Or auth'Orizes an expr'Opriati'On 'Of land, the expr'Opriating auth'Ority may, unless the auth'Orizing Act expressly 'Otherwise pr'Ovides, acquire any estate required by him in the land and may, unless the auth'Orizing Act expressly 'Otherwise pr'Ovides, acquire any lesser interest by way 'Of pr'Ofit, easement, right, privilege 'Or benefit in, 'Over 'Or derived fr'Om the land. 4.

(1) Unless the auth'Orizing Act expressly auth'Orizes the expr'Opriati'On 'Of mines 'Or minerals, the expr'Opriating auth'Ority is n'Ot entitled t'O any mines 'Or minerals in any land vested in him under the pr'Ocedure prescribed by this Act, and, subject t'O subsecti'On (2), the 'Ownership 'Of mines 'Or minerals is in n'O way affected by the filing 'Or registra ti'On in the land titles 'Office 'Of a certificate 'Of appr'Oval under this Act.

(2) Where an auth'Orizing Act expressly auth'Orizes the expr'Opriati'On 'Of mines 'Or minerals, the certificate 'Of ap pr'Oval by which the expr'Opriati'On is effected shall state the estate 'Or interest acquired in the mines and minerals, and failing such statement n'O estate 'Or interest in the mines and minerals passes UP'On the expr'Opriation.

(3) N'Otwithstanding subsecti'On (1), an expr'Opriating auth'Ority may, t'O the extent necessary f'Or his w'Orks, ex cavate 'Or 'Otherwise disturb any minerals within, Up 'On 'Or under land in which he has acquired an estate 'Or interest by expr'Opriati'On 'Or by agreement 'Or transfer, with'Out per missi'On fr'Om 'Or c'Ompensati'On 'Other than f'Or minerals I'Ost thereby t'O any pers'On. 2

2. Application of Act. Recommendation No. 63. 3. Extent of expropriation. Recommendation 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. 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 expropriating authority any estate or interest in any land that the expropriating authority may acquire by expropriation from the Crown or person. 3

5. Agreements. Recommendation No. 66. 3

PART 1 PROCEOURE FOR 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. For the purpose of this Act, the approving authority in respect of an expropriation shall be (

a) in the case of an expropriation by the Crown or an agent of the Crown, the Minister responsible for the administration of the authorizing Act, or (

b) the municipal council where a municipality exprop: riates land, 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 si tua ted.

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

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

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

(3) Where the expropriating authority is a person other than the Crown or a municipality, the expropriating author ity shall forthwith serve a copy of the notice of intention on the approving authority.

(4) 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. ( 5 ) 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, 4

G. 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. 4

(

d) an indication 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, and (

g) a statement that a person affected by the proposed expropriation need not serve an objection to the expropriation in order to preserve his right to have the amount of compensation payable determined by the Board or the court, as the case may be. 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 an inquiry.

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

section 8, subsection ( 4) , clauses (e), (

f) and (

g) do not apply to the notice 'Of inten tion to be served by the expropriating authority but a copy of the direction of the appr'Oving authority shall be at tached thereto.

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

(4) Where the inquiry is dispensed with under sub section (1), the provisions of sections 10 and 11 do not apply. 10.

(1) An owner who desires an inquiry shall serve the approving authority with a notice of objection (

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

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

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

(2) The notice of objection shall state (

a) the name and address of the person objecting, (

b) the nature of the objection, (

c) the grounds upon which the objection is based, and (

d) the nature of the interest of the pers'On objecting. 11.

(1) Upon the expiration of the period witl,lin which a notice of objection may be served and upon proof of service in accordance with

section 8, subsection (2) and proof of 5

9. No inquiry where previous hearing. Recommendation No.9. 10. Notice of objection. Recommendation No.5. II. Approval where no objection. Recommendation No.6. 5

publication in aocordance with

section 8, subsection (4), the approving authority, unless it has been served with a notice of objection, shall approve or disapprove the pro posed expropriation.

(2) The approving authority may approve the expro priation of a lesser interest than that described in the notice of intention. 12. Where a person who has served a notice of objec tion withdraws it, the approving authority may proceed as though no obj ection had been made. 13.

(1) Where the Lieutenant Governor in Council is at any time satisfied that the expropriating authority urgently requires the land and that delay would be prejudicial to the public interest, he may by order direct that an intended expropriation shall proceed without inquiry.

(2) Where an order is made under subsection (1) prior to service of the notice of intention, the provisions of sec tion 8, subsection (5), clauses (e), (

f) and (

g) do not apply to the notice of intention to be served by the expr'Opriating authority but a copy of the order shall be attached thereto.

(3) Where an order is made under subsection (1) after the notice of intention has been served, (

a) a copy 'Of the order shall be served on every person served with the notice of intention, and (

b) a copy of the order shall be published in the same newspaper and in the same manner as the notice 'Of intention was published under

section 8, subsection (5).

(4) Where an order is made under subsection (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.

(5) Where the Lieutenant Governor in C'Ouncil is satis fied that a refusal by an approving authority to grant a certificate of approval for a proposed expropriation is contrary to the public interest, he may by order direct the approving authority to issue a certificate of approval in such terms as he considers necessary and appropriate. 14.

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

(2) Within five days after receiving n'Otice 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 eond uct an inquiry in respect of the intended expropriation. 6

12. Withdrawal of objection. Recommendation No.7. 13. No inquiry where expropriation is urgent. Recommendation No.8. The provision in subsection (5) whereby the Lieutenant Governor in Council can override the refusal of an expropriation by an approving authority where it is in the public interest to do so is a new provision. 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. 6

(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.

(4) Where the expropriating authority is 'Other than the Crown or a municipality, the Attorney General shall appoint the Board to carry out the functions of an inquiry officer under this Act.

(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 expropriating authority and each person who has objected shall be parties to the inquiry.

(7) The inquiry beflOre 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 expropriation; (

c) shall give each party to the inquiry a reasonable opportunity to present evidence and argument and may permit examination and cross-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 without 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 tW'O or more related inquiries and conduct them as 'One inquiry; (

g) may swear witnesses; (

h) may provide :for a transcript of the evidence; (

i) is not bound by the rules of law concerning evi dence. 7

(10) The reas'Onable C'Osts 'Of the 'Owner in c'Onnecti'On with the inquiry shall be paid by the expr'Opriating auth'Or ity unless the inquiry 'Officer determines that special cir cumstances exist t'O justify the reducti'On 'Or denial 'Of C'Osts. 15.

(1) The inquiry 'Officer shall within 30 days 'Of his aPP'Ointment make a rep'Ort in writing t'O the appr'Oving auth'Ority and the rep'Ort shall c'Ontain 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 expr'Opriati'On with his reas'Ons theref'Or.

(2) The inquiry officer shall forthwith send a C'OPy of his rep'Ort t'O the parties t'O the inquiry and shall make it available 'On request t'O any pers'On at reasonable C'Ost. 16. N'O pr'Oceedings by 'Or bef'Ore an inquiry 'Officer or the BQard in carrying 'Out ,the functiQns 'Of an inquiry 'Offi cer shall be restrained by injunctiQn, prohibitiQn 'Or 'Other prQcess 'Or proceedings in any c'Ourt 'Or are remQvable by certiorari 'Or otherwise into c'Ourt nQr shall any repQrt 'Or recQmmendatiQn by the inquiry 'Officer 'Or the BQard in car rying 'Out the functiQns 'Of an inquiry 'Officer be subj ect to review ~n any CQurt. 17.

(1) The apprQving authQrity shall cQnsider the re PQrt 'Of the inquiry 'Officer and shall apprQve 'Or disapprQve the pr'OPQsed exprQpriatiQn 'Or appr'Ove the prQPQsed ex prQpriatiQn with such m'Odificati'Ons as the apprQving auth'Ority cQnsiders prQper, but nQ apprQval shall be mQdi fied SQ as tQ affect the lands 'Of a perSQn whQ was nQt a party t'O the inquiry.

(2) Subject tQ subsectiQn (3), the apprQving authority shall give written reaSQns fQr its decisiQn and shall cause a CQPy 'Of its decisiQn together with the reasons therefor to lie served upon all the parties within 30 days after the date UPQn which the repQrt of the inquiry 'Officer is received by the approving authority.

(3) Where the Board is carrying out the functions of an inquiry 'Officer under this Act it shall, in its capacity as the approving authority, (

a) approve or disapprove the proposed expropriatiQn 'Or apprQve the prQPQsed expropriatiQn with mQdi ficatiQns, (

b) give written reaSQns for its deCiisiQn, and (

c) cause a CQPy 'Of its decisiQn tQgether with the reaSQns therefQr tQ be served UPQn all the parties, within 60 days 'Of its apPQintment to carry 'Out the functiQns 'Of the inquiry 'Officer.

(4) Where the apprQving authQrity apprQves the ex prQpriatiQn, it shall alsQ prQvide the expr'Opriating authQr ity with a certificate 'Of appr'Oval in the prescribed fQrm. a

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. 8

(5) Where the appr'Oving auth'Ority and expr'OP~iating' auth'Ority are 'One and the same, the requirements 'Of sub secti'Ons (2) and (4) respecting service 'On the expr'Opriat ing auth'Ority are inapplicable. 18. The expr'Opriating authority may register the cer tificate 'Of appr'Oval in the land titles 'Office f'Or the land registrati'On district in which the relevant land is situated, and registrati'On vests in the expr'Opriating auth'Ority the title t'O the lands therein described as t'O the interest speci fied in the certificate. 19.

Subj ect t'O secti'On 22, if the expr'Opriating auth'Ority d'Oes n'Ot cause the certificate 'Of appr'Oval t'O be registered in the land titles 'Office within 120 days fr'Om the date when the n'Otice 'Of intenti'On was registered and n'O extension 'Order has been registered under secti'On 22, subsecti'On (4), the expr~opriati'On shall be c'Onclusively presumed t'O be aban doned, the n'Otice 'Of intenti'On t'O expr'Opriate shall lapse and the Registrar shall cancel the mem'Orandum there'Of 'On any certificate 'Of title affected thereby. 20.

(1) After the appr'Oving auth'Ority has appr'Oved a pr'OP'Osed expropriation and n'Otwithstanding registrati'On 'Of the certificate 'Of appr'Oval, it may vary the size, I'Oca ti'On 'Or b'Oundary 'Of the expr'Opriated land within the b'Oundaries 'Of the parcel fr'Om which the land was expr'O priated, if, in the 'Opinion 'Of the appr'Oving auth'Ority, the variati'On is min'Or and can be made with'Out prejudice t'O the 'Owner.

(2) Where the appr'Oving authority varies the expropri ati'On under subsecti'On (1), it shall pr'Ovide the expr'Opriat ing authority with an amended certificate 'Of approval.

(3) The expr'Opriating auth'Ority may register the amended certificate of appr'Oval in the land titles 'Office.

(4) Where the amended certificate 'Of appr'Oval is regis tered in the land titles 'Office (

a) it takes the place 'Of the certificate 'Of appr'Oval registered under secti'On 18; (

b) the expr'Opriating auth'Ority shall n'Ot be delayed in taking P'Ossessi'On 'On acc'Ount 'Of the amendment; (

c) the 'Owner is entitled t'O compensati'On f'Or his in terest in the lands described in the amended cer tificate 'Of appr'Oval 'Or t'O c'Ompensati'On f'Or his interest in the lands described in the certificate 'Of approval, whichever is the greater; (

d) the pr'Ovisions 'Of this Act f'Or determining c'Ompen sati'On, including the pr'Ovisi'Ons relating t'O pr'OP'Osed payments, apply. 21. Registrati'On 'Of the certificate 'Of appr'Oval is c'Onclu sive pr'O'Of that all the requirements 'Of this Act in respect 9

18. Registration of certificate vests title. Recommendation No. 16. 19. Failure to register certificate of approval. Recommendation No. 10. 20. Amended certificate of approval. Recommendation No. 15. 21. Registration is conclusive proof of compliance with the Act. Jtecommendation No. 17. 9

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 the Attorney General has, pursuant to sub section (1), extended the time for the approving authority to make its decision and at the end of the extended period the Board has not made a decision, the application for a certificate of approval shall be deemed to have been refused.

(3) Where any extension is granted under subsection (1), the Attorney General shall execute an extension order ex tending the time for registration of the certificate of approval for an equivalent number of days.

(4) The extension order executed under subsection (3) shall be registered in the land titles office for the land registration district in which the land is situated prior to the expiration of the 120-day period and shall be served forthwith upon the persons who were served with the notice of intention and upon any other person who has given notice of objection or has otherwise become a party to the inquiry. 23.

(1) An expropriating authority may abandon its intention to expropriate, either wholly or partially, at any time before registration of the certificate of approval in the land titles office.

(2) The expropriating authority shall serve a copy of a notice of abandonment on all persons who were entitled to be served with the notice of intention to expropriate, including the approving authority, and shall deposit the notice in the appropriate land titles office.

(3) Where an expropriation has been abandoned the expropriating authority shall pay to the owner any actual loss sustained by him and the reasonable legal, appraisal and other costs incurred by him up to the time of abandon ment, as a consequence of the initiation of the expropri ation proceedings. ( 4) Compensation payable under this

section including costs, shall be fixed by the Board. 10

22. Extension of time. Recommendation No. 18. Subsection (2) is new. 23. Abandonment of expropriation. Recommendation No. 19. 10

PART 2 PROCEDURE FOR CO,MPENSATION '24.

(1) There is hereby established a Board called the "Land Compensation Board" consisting of the members appointed by the Lieutenant Governor in Council in accord ance 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 Governor in Council considers advisable.

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

(4) Each member of the Board holds office 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.

(5) The chairman may select a member or any uneven number of melnbers to deal with a particular case or class or group of cases.

(6) The member or members selected pursuant to sub section (5) may perform the functions of the Board in re spect of the particular case or class or group of cases for which they were selected and when performing any of those functions shall have all the powers and jurisdiction of the Board. 25. In accordance with The Public Service Act there may be appointed a secretary, an assistant secretary, in spectors, land examiners and such other employees as are required to carryon the business of the Board. 26.

(1) Except as provided in subsection (2) or in sec tion 28, subsection (3), the Land Compensation Board has jurisdiction with respect to expropriations under this Act.

(2) The Surface Rights Board has jurisdiction with re spect to expropriations under this Act authorized under or pursuant to (

a) The Pipe Line Act, or (

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

c) section 86 of The Water Resources Act, or (

d) The Hydro and Electric Energy Act. 27.

(1) The Lieutenant Governor in Council may make rules of procedure and practice governing the hearings and proceedings before the Board and in particular relating to 11

24. The Land Compensation Board. Recommendation No. 20. 25. Staff. Recommendation No. 20. 26. Jurisdiction of Boards. This is a variation from the Institute's report which recommended that all expropriations come under a single Land Compensation and Surface Rights Board consisting of the existing Surface Rights Board and an increase in membership. 27. Procedure and powers of the Board. Recommendation No. 21. 11

(

a) the method and form of initiating proceedings, (

b) notiee 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 proce-ed 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 adjourn any hearing ofa proeeeding 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 upon inquire into the matter and, after hearing any wit ness'es who may be tendered and after hearing any repre sentations that may be offered, may 12

(

c) issue a warrant requIrIng the attendance of the person before the Board, or the production by him of the document or thing, or (

d) commit the person for contempt. 28.)

(1) Where the expropriating authority and the owner have not agreed upon 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 expropri ation is by the Crown, the owner may elect to have the com pensation fixed by the court and in such case the provisions of this Act relating to determination of compensation by the Board apply with all necessary modifications to the pro ceedings before the court. 29.

(1) Where a certificate of approval has been regis tered, the expropriating authority shall forthwith serve the owner with a notice of expropriation as set 'out in

Schedule 2.

(2) Within 90 days after registration of the certificate of approval the expropriating authority shall give to the owner a written notification setting out the am_ount, here inafter referred to as "the proposed payment", which the expropriating authority, subject to subsection (3), estimates to be equal to the compensation to which the owner is then entitled in respect of his interest in the land.

(3) 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 (

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

(4) Immediately upon receipt of the written notification given by the expropriating authority under subsection (2), the owner is entitled to receive payment of the amount of the proposed payment. 13

28. Fixing compensation. Recommendation No. 22. 29. Proposed payment. Recommendation No. 23. 13

(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 proP'Osed payment is irrevocable by the expro priating authority until the hearing but nothing in this sec tion shall prevent the Board from awarding an am'Ount less than that 'Of the proposed payment.

(7) The 'expropriating authority may, within the 90-day period mentioned in subsection (2) 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. 30. The prop'Osed payment shall be based on a written appraisal as prescribed in the regulations, and a copy of the appraisal shall accompany the notification to the owner pursuant to

section 29, subsection (2). 31.

(1) To assist the expropriating authority in making its appraisal, the owner shall furnish on request to the ex propriating authority any inf'Ormation 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 under

section 64. 32. Where the expr'Opriating authority is unable to ob tain the information necessary to make a prop'er determina tion of the amount of a proP'Osed payment, the expropriat ing authority may apply to the Board for directions and the Board may determine the amount of the proposed pay ment. 33.

(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 reas'Onable legal costs there in. 34.

(1) Where the expropriating authority and the 'Owner have not agreed upon the compensation payable under this Act 14

30. Determination of proposed payment. Recommendation No. 24. 31. Expropriating authority entitled to certain information from owner. Recommendation No. 25. 32. Application to Board to determine proposed payment. Rec ommendation No. 26. 33. Payment of costs. Recommendation No. 27. 34. Time limit. Recommendation No. 28. 14

(

a) the expr'Opriating authority m'ay institute proceed ings t'O determine c'Ompensati'On after 'Offering the pr'OP'Osed payment; (

b) the 'Owner may institute pr'Oceedings after the 'Of fering of the pr'OP'Osed payment 'Or the expirati'On 'Of the time f'Or 'Offering the pr'OP'Osed payment, whichever first 'Occurs.

(2) Where n'O pr'Oceedings have been c'Ommenced by either party within 'One year 'Of the date 'Of 'Offering the pro posed payment, the am'Ount 'Of the pr'OP'Osed payment shall be conclusively deemed t'O be ,the full c'Ompensati'On t'O which the 'Owner is entitled. 35.

(1) An appeal lies to the Appellate Divisi'On from any determinati'On 'Or 'Order 'Of the B'Oard except when it is carrying 'Out the functi'Ons 'Of an inquiry 'Officer under

Part 1.

(2) An appeal under subsecti'On (1) m'ay be made 'On questi'Ons 'Of law 'Or fact 'Or b'Oth and the Appellate Divisi'On (

a) may refer any matter back to the B'Oard, or (

b) may make any decisi'On 'Or order that the B'Oard has P'Ower t'O make, and may exercise the same P'Owers that it exercises 'On an appeal fr'Om a judge 'Of the Trial Divisi'On sitting with'Out a jury, and the rules and practice applicable t'O appeals t'O the Appellate Divisi'On apply. 36.

(1) Where the jurisdicti'On 'Of the B'Oard 'Or the vali dity 'Of any decisi'On, 'Order, directi'On 'Or 'Other act 'Of the B'Oard is called int'O questi'On by any person affected there by, the B'Oard, UP'On the request 'Of that pers'On, shall state a cas'e in writing t'O the Appellate Divisi'On setting f'Orth the material facts and the decisi'On 'Of the Appellate Divisi'On there'On is final and binding.

(2) If the B'Oard refuses t'O state a case, the 'person affec ted may apply t'O the Appellate Divisi'On f'Or 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 applicati'On shall be taken by the B'Oard except with leave of a judge of the Appellate Divi si'On.

(4) This secti'On d'Oes n'Ot apply t'O the B'Oard when it is carrying 'Out the functi'Ons 'Of an inquiry 'Officer under

Part 1. 37.

(1) The reas'Onable legal, appraisal and 'Other C'Osts actually incurred by the 'Owner f'Or the purp'Ose 'Of determin ing the c'Ompensati'On payable shall be paid by the expro- 15

3S. Appeals. Recommendation No. 29. 36. Stated case. Recommendation No. 30. 37. Costs. Recommendation No. 33. 15

priating authority, unless the Board determines that special circumstances exist to justify the reduction 'Or denial 'Of costs.

(2) The Board may order by whom the costs are tQ be taxed and allowed.

(3) Where settlement has been made without a hearing and the owner 'and the expropriating authority are unable to agree on the costs payable by the expropriating authQrity, the Board may determine the costs payable tQ the owner and subsections (1) and (2) shall apply.

(4) On appeal by the 'expropriating authority, costs of the appeal shall be paid on the same basis as they are payable under subsection (1) and on appeal by the owner, the owner is entitled to his costs where the appeal is successful and, where unsuccessful, the cos1ts are in the discretion of the Appellate Division. 38.

(1) Where the persons interested, or appearing to be interested, in the compensation fail to agree as to the dis position thereof among themselves, the Board shall direct that the amount shall be paid into court.

(2) Where money is paid into court pursuant tQ sub section (1), the court shall, upon application by originating notice of motion by any party claiming an interest therein, determine the disposition 'Of the money. Principles of Compensation 39. 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. 40.

(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, (

h) the damages attributabl'e tQ disturbance, (

c) the value tQ the owner of any element of special economic advantage to him arising 'Out of 'or inci dental tQ his occupation 'Of the land to the extent that nQ other prQvision is made for its inclusion, and (

d) damages for inj urious affection. 16

38. Distribution of compensation. Recommendation No. 318. 39. Determination of market value. Recommendation No. 40. 40. Principles of compensation. Recommendation No. 41. 16

41. 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 lis or was necessary for him to give up occupation of the land, the value of the land is the greater of (

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

section 39, or (

b) the aggregate of (

i) the market value thereof determined on the basis that the use to which the expropriated land was being put at the time of litS taking was its highest and best use, and (ii) damages for disturbance. 42. In determining the amount of compensati'On payable no allowance shall be made on account of the acquisition being compulsory except where unusual circumstances exist for which no provision for compensation is contained in this Act. 43. In determining the value of the land, no account shall be taken of (

a) any anticipated 'Or actual ruse of the ,land by the expropriating authority at any time after the ex propria tion ; (

b) any value established or claim'ed to he established by or by reference to any transaction or agreement involving the sale, lease or other disposition of the land, where such transaction lOr 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 expropriat1on or am- . minent prospect of expropriation; (

d) any increase or decrease in the value 'Of the land due to development of other land that forms pa:rt of the development for which the expropriated land is taken; (

e) 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. 44.

(1) Where any land has any building or other structure erected there'On that was specially designed for use for the puripose of a school, hospital, municipal institu- 17

41. Value of expro]?riated land. Recommendation No. 42. 42. No additional payment for compulsory taking. Recom mendation No. 43. The exception for unusual circumstances is a variation from the Institute's report. 43. Factors not to be considered in determining value. Recom mendation No. 44. 44. Special purpose structures. Recommendation No. 45. 17

tion or religious or charitable institution or for any similar purpose, and the use of the building or other structure for that purpQse by the owner has been rendered impracticable as a result of the 'exprQpriation, the value of the expropria ted interest is, if the expropriated interest was and, but fQr the exprQpriatiQn, WQuid have cQntinued to be used fQr that purpQse and if at the time Qf 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 IQf the expropriated interest de termined as set forth in

section 39, or (ib) the aggregate of (

i) the CQst Qf any reasonably alternative interest ,in land for that purpQs'e, and (ii) the CQst, ,expenses and IQsses arising out of or incidental to moving to and re-establishment on other premises, minus the amQunt by which the Qwner has imprQved, Qr may reasQnably be expected to improve, his positiQn thrQugh re establishment on other premises.

(2) FlOr the purpQses Qf subsection (1), clause (

b) the CQst of any reasQnably alternative interest in land shall be computed as of the date at which constructiQn of the new building or the structure could reasQnably (be begun. 45.

(1) Upon applicatiQn therefQr, the Board shall, after fixing the market value of lands used fQr the princi pal residence of the 'Owner, award such additional amQunt Qf compensatiQn as, in the Qpinion of the BQard, is necessary to enable the owner to. relocate his residence in accommQda tiQn that is at least equivalent to the accQmmQdatiQn expro priated, and in fixing the additiQnal amQunt of CQmpensa tiQn the BQard shall include the increase in cost between the time of exprQpriatiQn and the time when the new accommo datiQn CQuld reasonably be obtained.

(2) In this sectiQn "Qwner" means a registered owner or purchaser and does not include a tenant. 46. Where there is more than one separate interest in land, the market value of each such separate interest shall, where practical, be established separately. 47.

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

(2) Where the amQunt 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 18

45. Relocation of residence. Recommendation No. 46. 46. Separate interests to be separately valued. Recommenda tion No. 47. 47. Security interests. Recommendation No. 49. 18

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 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 compensation 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 expropriation is of a part of land that is subj ect 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. 48. 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, (

i) an allowance of (A) 5 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 another residence, if the part of the land so 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; (

b) where the premises taken do not include the own er's residence, the owner's costs of finding premises to replace those expropriated, if the lands were not being offered for sale on the date of expropriation; (

c) relocation costs, to the extent that they are not covered in clause (

a) or (b), including, (

i) moving costs, and (ii) legal and survey costs and other non-recover able expenditures ,incurred in acquiring other premises. 19

48. Disturbance compensation to owner. Recommendation No. 50. 19

(1) The expropriating authority shall pay to a ten ant 'Occupying expropriated land in respect of disturbance so much of the cost referred to in

section 48 as is appropri ate having regard to, (

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 IQf 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 expr'Opriation. 50.

(1) Where the expropriated land is subject to a sec urity interest, the expropriating authority shall pay to the security holder three months' interest at the rate described in the security document 'Or, where no rate is prescribed, at the rate that would normally be payable in respect of the security, on the amount of the outstanding principal.

(2) Where the Board makes a determination under sec tion 46, the amount payable in respect of interest under this

section to the security holder shall be in the same proportion in relation to the total payment made on ac count of interest that the land being expropriated and subject to the security interest bears to the entire amount of land subject to the security interest. 51-.

Where a business is located on the land expro priated, the 'expropriating authority shall pay compensation for business loss resulting from the relocation of the busj 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. 52.

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 relocate. 153. 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. 20

49. Disturbance compensation to tenant. Recommendation No. 51. 50. Disturbance compensation to security holder. Recommenda tion No. 52. Thisis a variation from the Institute's report. 51. Business losses. Recommendation No. 53. 52. Compensation for goodwill. Recommendation No. 53. 53. Partial taking. Recommendation No. 54. 20

54. Where part only of an owner's land is taken, compen sation shall be giv'en f'Or (

a) injurious affection, including (

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

b) incidental damages, if the injurious affection and incidental damages result from or are likely t'O result from the taking or from tbe constructi'On or use 'Of the works f'Or which the land is acquired. 55. On the expropriation of an easement or right of way, the Board, in making Us award f'Or the value of the interest taken, may ignore the residual value t'O the 'Owner. 5,6. 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 ,auth'Ority t'O any land of the owner 'Or occupant 'Other than the area expropria ted, (

b) the loss of or damage to livestock or other personal pr'Operty 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 pr'Operty, 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. 21

54. Compensation for injurious affection and incidental damage arising from a partial taking. Recommendation No. 56. 55. Expropriation of easement or right of way. Recommenda tion No. 57. 56. Compensation for damages incurred arIsmg from expro priation of the easement or right of way. Recommendation No. 58. 21

PART 3 GENERAL 57. Where a proposed payment has been paid to a per son in respect of an expropriated interest, the amount so paid shall be deducted from the amount 'Of the compensation awarded by the Board, and where the amount so paid ex ceeds the amount awarded by the Board, the excess consti tutes a debt to the expropriating authority and may be re covered by action. 58. The Lieutenant Governor in Council may make such orders, and regulations as may be considered necessary to effect the intent of this Act. 59.

(1) The right to compensation and the c'Ompensation finally awarded for any estate or interest acquired or taken under this Act in Crown or other land by an expro priating authority shall stand in the stead of the estate or interest so acquired 'Or taken and a claim to or an encumbrance upon the estate or interest is converted, as against the expropriating authority, into a claim for the compensation or a portion of the compensation.

(2) When the estate 'Or interest has been expropriated in the manner provided by this Act, the estate or interest becomes the property of the expropriating authority free and clear of any and all claims and encumbrances in respect of the previous estate or interest. HO.

Where a fee simple estate in any land is held by any person and the land is not registered in a land titles office, the land may be expropriated by a deposit in the land titles office for the land registration district in which the land is situated of a certificate of approval and such certificates of title may be made in respect thereof by the registrar of the land titles office as may be necessary to indicate the vesting in the expropriating authority of the land expro priated. 61.

(1) Whether or not expropriation proceedings have been commenced by registration of notice of intention to expropriate, the expropriating authority may, after making reasonable effort to give n'Otice thereof to the person in possession of the land, enter by itself or by its servants or agents, on any Crown or other land for the purpose of making (

a) surveys, examinations, soil tests, or 'Other necessary arrangements to determine the location of any 22

57. Credit of proposed payment against compensation awarded. Recommendation No. 59. 58. Regulations. Recommendation No. 60. 59. Expropriation vests clear title. Recommendation No. 61. 60. Unregistered land. Recommendation No. 62. 61. Right of entry. Recommendation No. 11. 22

proposed works or the description of the land that he may require in connection therewith, and (

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 sur,rey 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

section 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 to 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. 62.

(1) In this section, "occupied land" means a parcel of land (a) . on which the dwelling house or buildings associated therewith occupied by ,the 'Occupant of the parcel is situated, and (

b) that consists of (

i) not more than four adj oining lots in one block in a city, town, new town, village or hamlet as shown on a plan duly registered in the proper land titles office, or (ii) not more than one-quarter

section of land other than land in a city, t'Own, new town or village.

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

(3) The date specified in the notice shall be (

a) seven days from the date of registration of the cer tificate of approval where the land expropriated is other than 'Occupied land or is for a right of way, and 23

62. Date of possession. Recommendation No. 31. 23

(

b) in all other cases, at least 90 days from the date of registration 'Of the certificate of approval.

(4) After service of the notice either party may apply to the court by originating notice of motion on three days' notice fDr an adjustment of the date fDr possession speci fied in the notice, and the court may order an adjustment in the date.

(5) Notwithstanding anything in this section, the ex propriating authority shall not be entitled to take posses sion (

a) in the case of occupied land, other than occupied land expropriated for a right of way, until the ex piry 'Of 30 days after the proposed payment has been made, or (

b) in all other cases, until after the proposed payment has been made, except by leave of the court. -63. If any resistance Dr opposition is made or is threat ened to be made by any person to the expropriating authori ty, or to any authorized person acting for :it, in exercising its rights in or over, or to enter upon and take possession of, the land, the court may upon application by originating notice of motion issue a writ of possession or such other order as may be necessary to enable the expropriating authority to exercise such rights. '64.

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

a) wi th respect to (

i) 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 possession when the expropriating authority acquires title, he is nDt entitled to interest until he has given up possession.

(3) Where the expropriating authority has delayed in nDtifying the owner of the proposed payment beyond the prescribed time, the Board shall order the expropriating authority to pay additiDnal 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 propos'ed paym·ent is less than 80 per cent of the amount awarded for the interest 24

63. Enforcement of right to possession. Recommendation No. 32. 64. Interest. Recommendation No. 34. 24

taken and severanc'e damage, if any, the Board shall order the expropriating authority to pay additional ,interest 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 compensation 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 propriating 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. '65.

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 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, in ordinary course of mail; (

b) in the case of service by pUblication, on the date of publication. 66.

(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 appoint a person to act in his behalf for any purpose under 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 position of that amount. 67.

(1) After the expropriating authority has acquired title, where the expropriating authority or the Board is in doubt as to the persons who had any interest in the land or the nature or extent thereof, the expropriating authority may apply or the Board may direct the expropriating authority to apply to the court to make a determination re specting the state of the title of the land immediately before the expropriation, and the court shall determine that issue.

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

65. Service of documents. Recommendation No. 35. 66. Special cases. Recommendation No. 36. 67. Determination of interests in land. Recommendation No. 37. 25

(a) (

b) notwithstanding

section 29, subsection (2), the ex propriating authority has 90 days from determina tion of the issue by the court t'O make its notifica tion of pr'Oposed paym'ent, and the expr'Opriating authority may apply t'O the CQurt fQr leave to take possession 'Of the land as soon as it is required by the expropriating authority. '68.

(1) If, within two years of acquiring title to land by expropriation, the expropriating authority finds that the lands or any portion thereof are no longer required for its purposes and the expropriating authority desires t'O dis p'Ose 'Of them, lit shall first offer to sell them t'O the former owner 'Of the fee simple and if the former owner dQes 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 expr'Opriating authority.

(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 authority or the former owner of the expropriated lands or his successor in title to the land frQm which the right of way was taken may apply to the court in those cases where the expropriation was authorized by the court and in all other eases to the Board for an order terminating the estate or interest of the expropriating authority and the court or the Board, as the case may be, may (

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

b) grant the estate 'Or interest so terminated tQ the person from whQm it was expropriated or to such 'Other pers'On as the court may 'Order.

(4) Where the exprQpriated estate or interest is 'One to which The Land Surface Conservation and Reclamation Act applies, the court or the Board, as the case may be, shall not make an order under subsection (3) unless a certificate under that Act has been furnished.

(5) An order 'Of the court or the Board made pursuant to subsection (3), or a certified copy thereof, (

a) may be registered in the appr'Opriate land titles office, 'Or 26

G8. Revesting of expropriated interest. Recommendation No. 39. 26

(

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 whonl it was ex propriated or is vested in the other person named in the order, as the case may be. 69.

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

(2) Where all the interest of a lessee in land is expro priated or where part 'Of the lessee's interest is expropriated and the expropriation renders the remaining part of the les see's interest unfit for the purposes of the lease, as deter mined by the Board, the lease shall be deemed t'O be frus trated fr'Om the date 'Of the expropriation. 27

69. Expropriation of lessee's interest. Recommendation No. 48. 27

PART 4 CONSEQUENTIAL 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 a'mended (

a) by adding the following

section aft,er

section 57: 57.1 Upon the registration of a certificate of approval under The Expropriation Act, the Regis trar shall cancel the registration of the notice of intention to expropriate respecting the lands to which the certificate applies which had been filed by the expropriating authority. (

b) as to sect,ion 93 by striking out (

i) in subsection (1) the words Hplans '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 certificate", and (ii) in subsection (2) the words "any plans of sur vey" and by substituting therefor the words "any certificate 'Of approval". 28

70. Consequential amendments. 28

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

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 Proceedings Against the Crown Act is amended by adding after

section 6 the following section: 6.1 An owner of land expropriated by the Crown and an owner of land inj uriously affected by the exercise of the power of expropriation .is entitled to due compensation for any damages necessarily resulting from the exercise of the power of expropriation beyond any advantage that he may derive from any purpose for which the land was expropriated or by which the land was injuriously affected.

(14) The Public Highways Development 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 Act" and by substituting therefor the words "7'ne Expropriation Act". 29

(15) 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 depo.sit in the land titles 'Office o.f a cer tificate o.f appro.val as provided in The Expropri ation Act shall, f'Or the purpo.ses o.f The Land Titles Act, be deemed to. be the filing o.f a plan o.f the land. and (

b) as to

section 25 by striking out subsection (3).

(16) The Research Council Act is amended as to sec tion 10 by striking out the word "Procedure".

(17) The Universities Act is amended as to

section 17 by striking out subsection (2) .

(18) The Water, Gas, Electric and Telephone Co'rn panies Act is amended as to

section 32, subsection (2), clause (

b) by striking out the word "Procedure".

(19) 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 tD pro.Po.sed payments and to.", and (

b) as to

section 86, subsection (2), clause (

b) by strik ing out the word "Procedure". 71,. Wherever a reference is made to. The Expropriation Procedure Act, o.r to. the Public Utilities Bo.ard when acting pursuant to. that Act, in any statuto.ry pr'Ovisio.n no.t amended by this Act 'Or in any regulatio.n, o.rder, direction Dr o.ther instrument in force in Alberta, the reference shall, in the former instance, be deemed to be a reference to. The Ex propriation A ct and in all 'Other instances shall be deemed to. be a reference tD the Land Co.mpensatio.n Bo.ard. 72.

Any 'Order, rule, regulatiDn, directio.n o.r 'Other in strument made by the Public Utilities Bo.ard o.r the Surface Rights Bo.ard pursuant to. The Expropriation Pro cedure Act, Dr any predecesso.r thereo.f, in fo.rce UPo.n the co.mmencement ,'Of this Act shall be deemed to. be an o.rder, rule, regulati'On, directio.n o.r instrument o.f the Land Com pensatio.n Bo.ard o.r the Surface Rights Bo.ard, whichever is appro.priate, made pursuant tD this Act. 73. Any pro.ceeding co.mmenced pursuant to.

The Ex propriation Procedure Act prio.r to. the co.mmencement o.f this Act shall be co.ntinued to. its co.nclusio.n and treated fo.r all purpo.ses as if this Act had no.t co.me into. fo.rce and the fo.rmer Act had remained in fo.rce until such co.nclusio.n. 30

71. Other references. 72. Orders under former Act. 73. Proceedings continued under former provisions. 30

74. The Expropriation Procedure Act is hereby repealed. 75. This Act comes into force on a day to be fixed by Proclamation.

SCHEDULE 1 (Section 2) TITLE 1. The Agricultural Service BDard Act 2. The Land Titles Act 3. The LDcal AuthDrities BDard Act 4. The Planning Act 5. The Public Lands Act 6. The Rural Mutual TelephDne Companies Act 7. The Surface Rights Act EXTENT OF EXCEPTION Orders of reclamatiDn under

section 19 Plans of subdivisiDns and plans of surveys under sectiDns 82 and 91 CancellatiDn of plans 'Of sub division (

a) compulsory subdivisiDns (

b) replotting schemes CancellatiDns Dr withdrawals under sectiDns 79, 113 and 114 CDnfiscatiDn of plant and equipment by Crown The whDle 31

74. This Bill will replace

chapter 130 of the Revised Statutes of Alberta 1970. 31

SCHEDULE 2 (Section 29) NOTICE OF EXPROPRIATION To ................................................ , (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 28,

section 29,

section 30,

section 31,

section 33, sec tion 35 and

section 62.) 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 Board or the Surface Rights Board, as the case may be) at . . . . . ....... . (Wh~~~ th~' ~xp~op~iati1ig 'd~th;o~iiy i~ 'the' C~O~~,' adi· or if you prefer you may commence proceedings in the Supreme Court of Alberta.) 32 Title: 1974 (17th, 3rd) Bill 41, The Expropriation Act

Document details

Collection	Alberta — Bills
Citation	L17 S3 5307
Type	bill
Volume / chapter	L17 S3 5307
Language	en
Format	json
Source	PROVINCIAL
Identifier	f457f92516d9aa27fc37e72d7edd34296386845b

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