Regulation BEFORE repealed by BC Reg 100/2005, effective March 18, 2005.
| B.C. Reg. 452/87 O.C. 2530/87 | Deposited December 24, 1987 |
Expropriation Act
Expropriation Compensation Board Practice and Procedure Regulation
Interpretation
1 In these rules:
"Act" means the Expropriation Act;
"board" means the Expropriation Compensation Board;
"claimant" means an owner who has served an application to determine compensation;
"respondent" means an expropriating authority who has been served with an application to determine compensation;
"rules" means the rules of practice and procedure in this regulation.
Application
2 (1) An owner who wishes to make a claim for compensation shall complete and file Form A with the board and, within 10 days after filing it, serve it on the expropriating authority.
(2) Within 10 days after service of an application to determine compensation under subsection (1), the claimant shall file with the board proof of service on the expropriating authority.
(3) Where, under an enactment other than the Act, the amount of compensation is directed to be determined by the board and an owner does not make a claim for compensation under subsection (1) within 60 days after the right to make the claim first arises, the expropriating authority may make application to the board, in writing, for a determination of the amount of compensation.
(4) Section 6.1 applies to an application under subsection (3).
[am. B.C. Reg. 235/90, s. 1.]
Reply
3 Within 21 days after an application to determine compensation has been served on the respondent, the respondent shall serve a reply, in Form B, on the claimant and shall file with the board proof of service and a copy of the reply.
Respondent denies right to compensation
4 (1) Where the respondent alleges that a claimant is not entitled to any compensation it shall state the allegation in its reply specifying any enactments and relevant facts on which it relies in support of the allegation.
(2) Where the respondent fails to comply with subsection (1), it shall not without leave of the board make such an allegation at the hearing of the application to determine compensation.
Setting down hearing
5 (1) The claimant or the respondent may, within 30 days after the claimant has filed proof of service under section 2 (2), apply in writing to the board for an order appointing a time and place for the hearing of the application to determine compensation.
(2) On receiving an application under subsection (1), the board shall promptly appoint a time and place for the hearing of the application to determine compensation and mail a notice of hearing in Form C to the claimant and the respondent at least 30 days before the time appointed.
Respondent to notify other owners
6 (1) On receipt of the notice of hearing, the respondent shall, not less than 20 days before the hearing, serve a copy of the order on all owners and also on any person who, to the knowledge of the respondent, claims to be entitled as an owner to any interest in the land expropriated or to the whole or any part of the compensation that may be awarded.
(2) The respondent shall file with the board proof of service of the copy of the order in accordance with this rule.
Application by expropriating authority
6.1 (1) Sections 2 (1) and (2), 3, 4, 5 and 6 do not apply to an application made under section 2 (3).
(2) For the purposes of an application by an expropriating authority for a determination of compensation, the expropriating authority shall, within 10 days after applying to the board under section 2 (3), serve a copy of the application on the owner and also on any person who, to the knowledge of the expropriating authority, is entitled as an owner to any interest in the land expropriated or to the whole or any part of the compensation that may be awarded.
(3) Within 10 days after service under subsection (2) of a copy of the application, the expropriating authority shall file with the board proof of service on the owner and any other person.
(4) The expropriating authority may, within 30 days after the expropriating authority has filed proof of service under subsection (3), apply in writing to the board for an order appointing a time and place for the hearing of the application to determine compensation.
(5) On receipt of an application under subsection (4), the board shall promptly appoint a time and place for the hearing of the application to determine compensation and shall mail a notice of hearing to the expropriating authority and to the owner and any other person affected at least 30 days before the time appointed.
(6) An application made under section 2 (3) and any other documentation required under this section shall be in a form and shall provide the information that the board directs.
[en. B.C. Reg. 235/90, s. 2.]
Notice to the board
7 (1) Except as otherwise provided by the Act or regulations, proceedings before the board for any order, decision or determination, other than the determination of compensation pursuant to an application to determine compensation, shall be commenced by notice of motion in Form D.
(2) A notice of motion shall be served on all persons who may be affected by the order, decision or determination sought and proof of service shall be filed with the board.
(3) Subject to subsection (4), a notice of motion shall be filed with the board and shall be returnable not earlier than 7 days and not later than 15 days after service of the notice.
(4) On receiving a notice of motion respecting costs filed under subsection (3), the board shall
(a) promptly appoint a time and place for the hearing of the motion to determine costs, and
(b) at least 30 days before the time appointed, mail a notice of hearing in Form C to all persons served with the notice of motion.
[am. B.C. Reg. 495/2004.]
Substantial compliance with rules
8 No proceeding before the board shall be defeated by a failure to comply with a rule governing practice and procedure before the board where, in the opinion of the board, there has been substantial compliance and no person has been prejudiced by the failure to comply.
Use of forms
9 (1) The forms prescribed in these rules are to be used with such variations as the circumstances of the case may require.
(2) Where no form is prescribed, the board may, on application or inquiry, determine and direct what form shall be used.
Time
10 The board may, subject to conditions it considers just, extend or abridge any time limit contained in these rules.
Common questions of law or fact
11 Where 2 or more applications to determine compensation have a common question of law or fact or arise out of the same expropriation or series of expropriations, the board may order that the applications be heard simultaneously or consecutively.
Pre-hearing matters
12 The rules of court relating to
(a) discovery and inspection of documents,
(b) examination for discovery,
(c) pre-trial examination of witness, and
(d) discovery by interrogatories,
apply to proceedings before the board.
Expert evidence
13 In complying with sections 10 and 11 of the Evidence Act, R.S.B.C. 1996, c. 124, a party intending to call an expert shall also furnish to the board a copy of each report or statement in writing setting out the opinion of the expert at least 30 days before the report or statement is given in evidence.
Summons
16 A summons to a witness under section 26 (7) of the Act shall be
(a) in Form E,
(b) issued in the name of the board, and
(c) served in accordance with section 49 of the Act.
The Expropriation Act
(RULE 2)
Application for Determination of Compensation
(to be served and filed by an owner claiming compensation under Rule 2)
E.C.B. Control No. ................................................
(to be filled in by E.C.B.)
Claimant .......................................................................................................................................................
(full name, address and telephone number of owner)
Respondent ...................................................................................................................................................
(name and address of the expropriating authority from whom compensation is claimed)
| 1. | Take notice that the claimant requires that compensation claimed from the respondent with respect to the land described below be determined by the Expropriation Compensation Board. |
| 2. | The claimant claims compensation for an interest as: .............................................................................................................................................................. (describe claimant's interest) in the following land expropriated by the respondent: .............................................................................................................................................................. .............................................................................................................................................................. (describe land) |
| 3. | Statement of claim (The claimant should set out in this paragraph clearly and concisely in subparagraphs lettered consecutively the amount claimed under each element of compensation, the basis on which each claim is calculated and the facts in support of each element of compensation claimed.) |
| 4. | This application is made by ................................................................................................ (claimant or solicitor for the claimant) ................................................................................................ (full address and telephone number) |
| 5. | The address at which documents may be served on the claimant is .............................................................................................................................................................. (full address) |
| DATED this ......... day of ................................, 19..... . | |
| ................................................................................................ (claimant or solicitor for the claimant) | |
The Expropriation Act
(RULE 3)
Reply to Application for
Determination of Compensation
(to be served and filed by a respondent where a claimant has served an application
for determination of compensation under Rule 2)
E.C.B. Control No. ................................................
(to be filled in by E.C.B.)
Claimant .......................................................................................................................................................
(full name and address of owner)
Respondent ...................................................................................................................................................
(name, address and telephone number of the expropriating authority from whom compensation is claimed)
| 1. | A certificate of approval of expropriation by the respondent of the land in respect of which the claimant is claiming compensation was issued by .............................................................................................................................................................. (name of the approving authority) on the ....... day of .........................., 19....... . A copy of the certificate of approval of expropriation is attached together with a state of title certificate showing the registration of the land in the appropriate land title office. |
| 2. | An advance payment of $................... was paid to, and a copy of all appraisal and other reports on which the payment was based was served on, the claimant on the ....... day of ........................, 19....... A copy of the notice of the advance payment with appraisal and other reports and proof of service upon the claimant is attached. |
| 3. | The respondent admits subparagraphs ......................................................................................................................................................... (state subparagraphs admitted) of the statement of claim in the claimant's application for determination of compensation. |
| 4. | The respondent says ........................................................................................................................................................ (state the facts which the respondent alleges as grounds for its reply) |
| 5. | This reply is made by ........................................................................................................................................................ (respondent or solicitor for the respondent) ........................................................................................................................................................ (full address and telephone number) |
| 6. | The address at which documents may be served on the respondent is .............................................................................................................................................................. (full address) |
| DATED this ......... day of ................................, 19..... . | |
| ................................................................................................ (respondent or solicitor for the respondent) | |
The Expropriation Act
(RULE 5)
Notice of Hearing
E.C.B. Control No. ................................................
(to be filled in by E.C.B.)
Claimant .......................................................................................................................................................
Respondent ...................................................................................................................................................
TAKE NOTICE THAT THE HEARING OF THIS APPLICATION WILL TAKE PLACE AT ............................................................. ON ........................... (Month) .............. (Day) .............................................. (Year) AT THE HOUR OF ..............................................
DATED this ......... day of ................................, 19..... .
................................................................................................
CHAIRMAN OR DESIGNATE
EXPROPRIATION COMPENSATION BOARD
The Expropriation Act
(RULE 7)
Notice of Motion
E.C.B. Control No. ................................................
(to be filled in by E.C.B.)
Claimant .......................................................................................................................................................
Respondent ...................................................................................................................................................
TO: (PARTY)
TAKE NOTICE THAT AN APPLICATION WILL BE MADE TO THE EXPROPRIATION COMPENSATION BOARD AT ............................................................. (Address) AT ............................................................ (Time) FOR AN ORDER THAT
........................................................................................................................................................................
AND TAKE NOTICE THAT THE FOLLOWING MATERIAL WILL BE RELIED ON IN SUPPORT OF THE APPLICATION:
........................................................................................................................................................................
(State affidavits and any other documentary material that will be relied on by applicant)
........................................................................................................................................................................
DATED this ......... day of ................................, 19..... .
................................................................................................
PARTY (OR SOLICITOR)
The Expropriation Act
(RULE 16)
Summons to a Witness
E.C.B. Control No. ................................................
(to be filled in by E.C.B.)
Between:
........................................................................................................................................................................
Claimant
and
........................................................................................................................................................................
Respondent
To: ...............................................................................................................................................................
(name and address of person being summoned)
You are hereby summoned and required to attend before the Expropriation Compensation Board at a hearing to be held at ............................... in the .................................... of ................................... in the Province of British Columbia on the ......... day of ......................................, 19.... at the hour of ........ and thereafter from day to day until the hearing is concluded or the Board otherwise orders, to give evidence on oath touching the subject matter of the hearing and to bring with you and produce at that time and place all documents, writings, books, deeds and papers which are in your custody and possession and which may relate to the matters in question.
If, without lawful excuse, you fail to attend and give evidence at the hearing or to produce the documents, writings, books, deeds and papers at the time and place specified you may, pursuant to section 16 of the Inquiry Act, R.S.B.C. 1996, c. 224 be required by the Board to attend or to produce the documents or both and, on failure to so comply, you may be liable to be committed for contempt of the Board.
DATED at ................................ this ......... day of ................................, 19..... .
EXPROPRIATION COMPENSATION BOARD
[Provisions of the Expropriation Act, R.S.B.C. 1996, c. 125, relevant to the enactment of this regulation: section 27 (1)]