Guide

Various provincial laws provide government or people with a right to expropriate land. The Expropriation Act sets outs process by which expropriation occurs.

Land Compensation Board has two distinct roles:

• in some cases, it decides whether expropriation should proceed when objected to
• determines compensation if parties cannot agree

Procedure for Expropriation

NOTICE:

• Expropriating authority must notify landowner of intention to expropriate
  - (Section 8 of the Expropriation Act)

 OBJECTION:

• Landowner may object to the expropriation and request an inquiry
  - (Section 10 of the Expropriation Act)
• Objection is separate from question of compensation

INQUIRY:

• Inquiry Officer appointed – must be the Land Compensation Board in any case where expropriation is not by the Crown or a municipality
  - (Section 15 of the Expropriation Act)
• Inquiry Officer must hold a hearing
• Inquiry Officer issues a report and the parties are given a chance to comment on it
  - (Section 18 of the Expropriation Act)

APPROVAL:

• Approving Authority considers inquiry report and responses and decides whether to proceed with expropriation
  - (Section 18 of the Expropriation Act)
• If approved, a “certificate of approval” is issued
  - (Section 18(4) of the Expropriation Act and Expropriation Act Forms Regulation)
• Approving Authority is the Land Compensation Board in any case where expropriation by someone other than the Crown or a municipality
  - (Section 7 of the Expropriation Act)
• Test for approval set out in
  - (Section 6(2) of the Expropriation Act)

REGISTRATION:

OFFER OF PROPOSED PAYMENT:

• Required when certificate of approval is registered
  - (Section 31 of the Expropriation Act)
• Must be based on appraisal
• Owner must provide information to assist
  - (Section 33 of the Expropriation Act)
• Board may set proposed payment if owner will not cooperate
  - (Section 34 of the Expropriation Act)
• Acceptance of payment does not prevent owner from claiming further compensation
  - (Section 31(5) of the Expropriation Act)

OWNER’S INDEPENDENT APPRAISAL

• Expropriating Authority must pay
  - (Section 35 of the Expropriation Act)

DETERMINATION OF COMPENSATION

• If parties cannot agree on compensation then it is determined by the Land Compensation Board
  - (Section 30 & 36 of the Expropriation Act)
• Exception: where expropriation is by the Crown, the owner can elect to have the court determine compensation
  - (Section 29(2) of the Expropriation Act)