Section 1 definition of "approving authority", paragraph (b) and (c) BEFORE amended by 2003-52-60, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(b) for an expropriation by a council or regional district board under the Local Government Act, the municipality or board, as the case may be, unless the Lieutenant Governor in Council designates the Minister of Municipal Affairs and Housing as the approving authority for the purpose of
(i) expropriations under that Act, or
(ii) any particular expropriation under that Act,
(c) for an expropriation under the Vancouver Charter, the Vancouver City Council, unless the Lieutenant Governor in Council designates the Minister of Municipal Affairs and Housing as the approving authority for the purpose of
(i) expropriations under that Act, or
(ii) any particular expropriation under that Act,
Section 1 definition of "approving authority", paragraph (b.1) was added by 2003-52-60, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
Section 1 definition of "approving authority", paragraph (f) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(f) for an expropriation by the Greater Vancouver Transportation Authority under the Greater Vancouver Transportation Authority Act, the Greater Vancouver Transportation Authority, unless the Lieutenant Governor in Council designates the Minister of Finance and Corporate Relations as the approving authority for the purpose of
Section 1 definitions of "board", "chair" and "vice chair" BEFORE repealed by 2004-61-1(a), effective March 18, 2005 (BC Reg 95/2005).
"board" means the Expropriation Compensation Board established under section 53;
"chair" means the chair of the board;
"vice chair" means the vice chair of the board appointed under section 53.
Section 1 definition of "court" was added by 2004-61-1(b), effective March 18, 2005 (BC Reg 95/2005).
Section 1 definition of "registrar" BEFORE amended by 2004-61-1(c), effective March 18, 2005 (BC Reg 95/2005).
"registrar" means a registrar as defined in the Land Title Act;
Section 1 definition of "approving authority", paragraph (f) BEFORE amended by 2007-41-63, effective November 30, 2007 (BC Reg 399/2007).
(f) for an expropriation by the Greater Vancouver Transportation Authority under the Greater Vancouver Transportation Authority Act, the Greater Vancouver Transportation Authority, unless the Lieutenant Governor in Council designates the Minister of Finance as the approving authority for the purpose of
Section 1 definition of "approving authority", paragraphs (d) and (e) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(d) for an expropriation under the School Act, the board of school trustees, unless the Lieutenant Governor in Council designates the Minister of Education, Skills and Training as the approving authority for the purpose of
(e) for an expropriation under the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, or the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, the Corporation constituted and incorporated, respectively, under those Acts, unless the Lieutenant Governor in Council designates the Minister of Municipal Affairs and Housing as the approving authority for the purpose of
Section 1 definition of "owner", paragraph (b) BEFORE amended by 2007-34-76, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-76 was amended by 2009-22-29, effective October 29, 2009 (Royal Assent).
(b) a committee appointed under the Patients Property Act and a guardian, executor, administrator or trustee in whom land is vested, or
Section 1 definition of "owner", paragraph (b.1) and (b.2) were added by 2007-34-76, effective September 1, 2011 (BC Reg 14/2011).
Section 2 (5) BEFORE repealed by 2001-41-2, effective August 27, 2001 (Royal Assent).
(5) This Act does not apply to a mandatory amalgamation under section 16.1 of the Health Authorities Act.
Section 2 (2) (d) BEFORE amended by 2004-44-101, effective December 31, 2004 (BC Reg 547/2004).
(d) an entry on land under section 20 (1) of the Hydro and Power Authority Act.
Section 2 (3) BEFORE amended by 2008-28-145, effective March 31, 2009 (BC Reg 49/2009).
(3) This Act does not apply to expropriations under the British Columbia Railway Act, the Emergency Program Act, the Health Act, the Petroleum and Natural Gas Act, the Pipeline Act, the Railway Act and the Water Act, except to the extent provided for in those Acts.
Section 2 (3) BEFORE amended by 2010-9-4, effective October 4, 2010 (BC Reg 274/2010).
(3) This Act does not apply to expropriations under the British Columbia Railway Act, the Emergency Program Act, the Petroleum and Natural Gas Act, the Pipeline Act, the Railway Act and the Water Act, except to the extent provided for in those Acts.
Section 2 (3) BEFORE amended by 2014-15-161, effective February 29, 2016 (BC Reg 35/2016).
(3) This Act does not apply to expropriations under the British Columbia Railway Act, the Emergency Program Act, the Railway Act and the Water Act, except to the extent provided for in those Acts.
Section 2 (4) BEFORE amended by 2016-5-10, effective March 10, 2016 (Royal Assent).
(4) This Act does not apply to replotting under Part 28 of the Local Government Act.
Section 2 (4) BEFORE amended by RS2016-1-RevSch, effective July 20, 2016 (BC Reg 196/2016).
(4) This Act does not apply to replotting under Part 28 of the Municipal Replotting Act.
Section 2 (1.3) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
(1.3) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of either a regulation under section 99 (1) (m.1) of the Oil and Gas Activities Act or an order under section 76 (6) of that Act, the provision of the regulation or order prevails.
Section 2 (3) BEFORE amended by 2023-37-197, effective November 8, 2023 (Royal Assent).
(3) This Act does not apply to expropriations under the British Columbia Railway Act, the Emergency Program Act, the Railway Act and the Water Sustainability Act, except to the extent provided for in those Acts.
Section 3 (3) (c) BEFORE amended by 2004-44-102, effective December 31, 2004 (BC Reg 547/2004).
(c) if the agreement is with the Minister of Transportation and Highways, section 5 (4) of the Highway Act applies.
Section 3 (1) (b) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(b) the board must determine the compensation to be paid to the owner as if the land had been expropriated under this Act, and
Section 3 (2) (b) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(b) that compensation must be determined by the board,
Section 3 (3) (b) BEFORE amended by 2006-13-35,Sch C, effective March 30, 2006 (Royal Assent).
(b) if the agreement is with the Minister of Forests, section 121 (8) of the Forest Act applies, or
Section 3 (3) (c) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(c) if the agreement is with the Minister of Transportation and Highways, section 43 of the Transportation Act applies.
Section 6 (5) BEFORE amended by 2004-61-3, effective March 18, 2005 (BC Reg 95/2005).
(5) If a person on whom a notice is required to be served under subsection (1) cannot be located, the expropriating authority may apply to the Supreme Court for an order for substituted service.
Section 7 (2) (a) (iii) BEFORE amended by 2011-25-339, effective March 18, 2013 (BC Reg 131/2012).
(iii) a notice filed under section 63 of the Family Relations Act,
Section 10 (2) BEFORE amended by 2004-61-4, effective March 18, 2005 (BC Reg 95/2005).
(2) An owner whose land is included in an expropriation notice, other than an expropriation notice in respect of an expropriation for the construction, extension or alteration of a linear development, may request an inquiry by serving the board with a notice of request for an inquiry.
Section 10 (3) (c) BEFORE amended by 2004-61-4, effective March 18, 2005 (BC Reg 95/2005).
(c) be served on the board and the expropriating authority within 30 days after the date the expropriation notice is served under section 6 (1) (a).
Section 10 (3) (b) BEFORE amended by 2023-10-221, effective March 30, 2023 (Royal Assent).
(b) contain the name and address of the person making the request, his or her interest in the land to be expropriated and his or her reasons for requesting an inquiry, and
Section 11 (1) (part) BEFORE amended by 2004-61-5(a), effective March 18, 2005 (BC Reg 95/2005).
(1) The board may order that a request for an inquiry under section 10 be denied if, on the application of the expropriating authority and after granting both parties the opportunity to be heard, the board considers that
Section 11 (2) BEFORE amended by 2004-61-5(b), effective March 18, 2005 (BC Reg 95/2005).
(2) If an order is made to deny the request under subsection (1), the board must promptly serve a copy of the order, together with the reasons for making it, on the person who requested the inquiry and on the expropriating authority.
Section 11 (1) (b) BEFORE amended by 2023-10-222, effective March 30, 2023 (Royal Assent).
(b) the person who requested the inquiry has, at a previous hearing or otherwise, already had substantially the same opportunity to object to the expropriation that he or she would have at an inquiry under this Act.
Section 12 (1) BEFORE amended by 2004-61-6(a), effective March 18, 2005 (BC Reg 95/2005).
(1) Subject to section 11, if the board receives a request under section 10, it must, within 7 days after service under section 10 (3) (c), appoint an inquiry officer who must hold a public inquiry.
Section 12 (2) (c) BEFORE amended by 2004-61-6(b), effective March 18, 2005 (BC Reg 95/2005).
(c) every person who served a notice of request under section 10 whose request was not denied under section 11.
Section 12 (1) BEFORE amended by 2012-6-4, effective March 29, 2012 (Royal Assent).
(1) If the minister receives a request under section 10, the minister must, within 7 days after service under section 10 (3) (c), appoint an inquiry officer who, subject to section 11, must hold a public inquiry.
Section 12 (2) (part) BEFORE amended by 2023-10-223, effective March 30, 2023 (Royal Assent).
(2) The inquiry officer must set a date, that is not more than 21 days after the date of his or her appointment, a time and a place for the inquiry and must serve notice of the date, time and place on
Section 13 (1) (part) BEFORE amended by 2004-61-7, effective March 18, 2005 (BC Reg 95/2005).
(1) Despite section 12, before an expropriation notice is served by an expropriating authority, the chair or a member of the board may,
Section 14 (1) (part) BEFORE amended by 2004-61-8, effective March 18, 2005 (BC Reg 95/2005).
(1) The inquiry officer must hold a public hearing for the purpose of inquiring into whether the proposed expropriation of the land is necessary to achieve the objectives of the expropriating authority with respect to the proposed project or work, or whether those objectives could be better achieved by
Section 17 BEFORE amended by 2004-61-7, effective March 18, 2005 (BC Reg 95/2005).
17 Subject to an adjournment under section 16 (3), unless the time is extended by the chair or a member of the board, an inquiry officer must, within 30 days after the first day of the inquiry, submit to the approving authority and every participant in the inquiry, a written report of the inquiry officer's findings of fact and recommendations with respect to the proposed expropriation.
Section 18 (2) (a) BEFORE amended by 2004-61-9, effective March 18, 2005 (BC Reg 95/2005).
(a) an inquiry is not requested or has been denied, or
Section 18 (3) BEFORE amended by 2023-10-224, effective March 30, 2023 (Royal Assent).
(3) If an inquiry was held, the approving authority must, not later than 30 days after receiving the report submitted under section 17, serve his or her decision, with written reasons, on every participant and every owner of the land expropriated.
Section 19 (4) (b) BEFORE amended by 2004-61-10, effective March 18, 2005 (BC Reg 95/2005).
(b) the reasonable legal, appraisal and other costs incurred by the owner up to the time of the abandonment, in an amount to be agreed on or determined by the chair under section 45.
Section 20 (3) (d) BEFORE amended by 2000-7-198, effective January 1, 2001 (BC Reg 399/2000).
(d) the zoning, the highest and best use of the land and any provisions of an official community plan or rural land use bylaw under Part 26 of the Local Government Act that are relevant to a determination of the highest and best use, and
Section 20 (4) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(4) If, before taking action under subsection (1), the expropriating authority is in doubt as to whether a person is an owner or, if an owner, as to the nature and extent of his or her interest, it may apply to the board for
(a) a determination respecting the state of title to the land, and
(b) an order respecting the nature and extent of the interest of any owner of the land
for the purpose of determining to whom and in what amounts the payment proposed to be made by the authority under subsection (1) is to be distributed.
Section 20 (6) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(6) After hearing an application under subsection (4), the board may, in respect of the payment that the expropriating authority proposes to pay to an owner to comply with this section, order
(a) to whom and in what amounts payment must be made, or
(b) that money be paid into court to be paid out as the court may subsequently direct.
Section 20 (9) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(9) An owner who withholds relevant information may be penalized by the board in costs and interest to which he or she would otherwise be entitled.
Section 20 (11) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(11) The board may, on application by the expropriating authority and on being satisfied that the authority cannot practicably comply with subsection (1), extend, subject to conditions the board considers appropriate, the period within which the payment is required to be made under that subsection.
Section 20 (4) (part) and (9) BEFORE amended by 2023-10-225, effective March 30, 2023 (Royal Assent).
(4) If, before taking action under subsection (1), the expropriating authority is in doubt as to whether a person is an owner or, if an owner, as to the nature and extent of his or her interest, it may apply to the court for
(9) An owner who withholds relevant information may be penalized by the court in costs and interest to which he or she would otherwise be entitled.
Section 21 (2) BEFORE amended by 2004-61-11 and 12, effective March 18, 2005 (BC Reg 95/2005).
(2) If an owner referred to in subsection (1) wishes to re-acquire the land expropriated, but cannot agree with the expropriating authority on the purchase price, the chair must summarily determine the market value of the land as at the time of making his or her summary determination, and that amount is the purchase price.
Section 21 (3) BEFORE amended by 2004-61-11, effective March 18, 2005 (BC Reg 95/2005).
(3) The costs of proceedings under this section must be borne by the parties, unless the chair, in special circumstances, orders the expropriating authority or the owner to bear the costs of the other.
Section 21 (1) BEFORE amended by 2023-10-226, effective March 30, 2023 (Royal Assent).
(1) If, within 2 years after filing the vesting notice under section 23, the expropriating authority determines that the land is no longer required for its purposes, the authority must not, without the approval of the approving authority, dispose of the land without first offering it to the owner from whom the land was taken, or his or her successor.
Section 22 BEFORE amended by 2004-61-3, effective March 18, 2005 (BC Reg 95/2005).
22 If, on the application of the expropriating authority, the Supreme Court determines that an owner or tenant of land that is to be expropriated, or any other person acting on behalf of the owner or tenant, is doing anything on or to the land that the court considers will harm the condition of the land or anything on it with respect to the purposes for which the expropriating authority is expropriating it, the court may grant an injunction restraining the harmful activity.
Section 23 (7) and (8) BEFORE amended by 2004-61-3, effective March 18, 2005 (BC Reg 95/2005).
(7) Despite subsection (6), the Supreme Court may,
(a) on application by the expropriating authority made after it has complied with section 6 (1), or
(b) on the application of an owner made at any time after he or she is notified under section 5 (4) or 18 but before the 30 day period in subsection (1) has expired,
grant possession of land expropriated to the authority at a time and subject to the conditions that the court considers appropriate.
(8) If the expropriating authority is entitled to possession under this section and the owner of the land denies possession to the expropriating authority, the authority may apply to the Supreme Court for an order for possession.
Section 23 (7) (b) BEFORE amended by 2023-10-227, effective March 30, 2023 (Royal Assent).
(b) on the application of an owner made at any time after he or she is notified under section 5 (4) or 18 but before the 30 day period in subsection (1) has expired,
Section 25 BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
25 If an application is not made to the board to determine compensation within one year after payment is made under section 20, the owner whose land was expropriated is deemed to have accepted that payment in full settlement of his or her claim for compensation, and proceedings to determine compensation must not be brought by that owner.
Section 25 BEFORE amended by 2023-10-226, effective March 30, 2023 (Royal Assent).
Owner deemed to have accepted payment
25 If an application is not made to the court to determine compensation within one year after payment is made under section 20, the owner whose land was expropriated is deemed to have accepted that payment in full settlement of his or her claim for compensation, and proceedings to determine compensation must not be brought by that owner.
Section 26 (1) (part) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(1) The board must determine
Section 26 (1) (c) BEFORE repealed by 2004-61-13(a), effective March 18, 2005 (BC Reg 95/2005).
(c) compensation to be paid, or any other matter to be determined, if jurisdiction is given to it under any enactment, and
Section 26 (2) BEFORE repealed by 2004-61-13(a), effective March 18, 2005 (BC Reg 95/2005).
(2) The board must give written reasons for its decision.
Section 26 (3) (part) BEFORE amended by 2004-61-2 and 13(b), effective March 18, 2005 (BC Reg 95/2005).
(3) The board must issue a certificate for the amount payable, together with interest, if the board determines that an owner is entitled to compensation in excess of
Section 26 (4) to (7) BEFORE repealed by 2004-61-13(a), effective March 18, 2005 (BC Reg 95/2005).
(4) A certificate issued under subsection (3) may be filed in a registry of the Supreme Court and may be enforced as though it were an order of that court.
(5) The chair and vice chair each have and may exercise the powers and jurisdiction of the board under this Act or under any other enactment.
(6) The vice chair has and may exercise the powers and jurisdiction of the chair under this Act.
(7) The board has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Section 27 BEFORE re-enacted by 2004-61-14, effective March 18, 2005 (BC Reg 95/2005).
Powers and duties of the board
27 (1) The board may, subject to the approval of the Lieutenant Governor in Council, prescribe rules, consistent with this Act, that govern the board's practice and procedure and the exercise of its powers.
(2) If practicable and convenient, the board must hold its hearings in the area where the expropriated land is located, unless all parties to a proceeding agree to hold the hearing at some other location.
Section 30 (3) BEFORE amended by 2004-44-103, effective December 31, 2004 (BC Reg 547/2004).
(3) Nothing in this Part affects the limitations on compensation provided for by section 12 (1) of the Highway Act or by section 121 of the Forest Act.
Section 30 (2) BEFORE amended by 2004-61-2 and 16, effective March 18, 2005 (BC Reg 95/2005).
(2) If the amount of compensation determined under this Act is less than
(a) the amount paid under section 20, or
(b) any other amount paid by the expropriating authority on account of compensation,
the board must certify the amount of the difference, and that amount is a debt due and payable to the expropriating authority recoverable by action from the owner to whom the overpayment was made.
Section 30 (3) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(3) Nothing in this Part affects the limitations on compensation provided for by by section 121 of the Forest Act.
Section 31 (1) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(1) The board must award as compensation to an owner the market value of the owner's estate or interest in the expropriated land plus reasonable damages for disturbance but, if the market value is based on a use of the land other than its use at the date of expropriation, the compensation payable is the greater of
Section 31 (2) (a) BEFORE amended by 2023-10-226, effective March 30, 2023 (Royal Assent).
(a) the value of a special economic advantage to the owner arising out of his or her occupation or use of the land;
Section 33 (g) BEFORE amended by 2000-7-199, effective January 1, 2001 (BC Reg 399/2000).
(g) any increase or decrease in value of the land that results from the enactment or amendment of a zoning bylaw, community plan or analogous enactment made with a view to the development in respect of which the expropriation is made.
Section 34 (2) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(2) If a cost, expense or loss is claimed as a disturbance damage and that cost, expense or loss has not yet been incurred, either the claimant or the expropriating authority may, with the consent of the board, elect to have the cost, expense or loss determined at the time, not more than 6 months after the date of expropriation, that the cost, expense or loss is incurred.
Section 34 (4) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(4) If the board determines that it is not feasible for an owner to relocate his or her business, there may be included in the compensation that is otherwise payable, an additional amount not exceeding the value of the goodwill of the business.
Section 34 (4) BEFORE amended by 2023-10-226, effective March 30, 2023 (Royal Assent).
(4) If the court determines that it is not feasible for an owner to relocate his or her business, there may be included in the compensation that is otherwise payable, an additional amount not exceeding the value of the goodwill of the business.
Section 38 (2) BEFORE amended by 2002-78-105, effective January 1, 2004 (BC Reg 477/2003).
(2) If expropriated land includes residential premises as defined in the Residential Tenancy Act, a person who leases or occupies those premises under an agreement that has a term of less than one year, is entitled to be paid
(a) an amount equivalent to 3 months rent of those residential premises, and
(b) reasonable moving costs.
Section 38 (1) BEFORE amended by 2023-10-228, effective March 30, 2023 (Royal Assent).
(1) If expropriated land includes a residence that is
(a) occupied by a person who, in respect of that residence, would be entitled to a grant under the Home Owner Grant Act, and
(b) not being offered for sale by him or her on the date the expropriation notice under section 6 (1) (a) or order under section 5 (4) (a) was served on him or her,
the person is entitled to be paid, in addition to the amount required to be paid to him or her under section 34, an amount equivalent to 5% of the market value of his or her estate or interest in that part of the land, not exceeding 0.5 ha, that is used personally by him or her for residential purposes.
Section 39 (part) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
39 If land that is subject to a lease having a term greater than one year is expropriated, the lessee, whether or not he or she is an occupant of the land, is entitled to reasonable disturbance damages in an amount to be determined by the board by having regard to
Section 40 (5) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(5) If, in the case of a partial taking, the character and use, or potential use, of the land before it was taken varies such that the land that was taken was, before the taking, more valuable or less valuable than the average value of the land that was not taken, the board may, after making a determination under subsection (3), make an adjustment to reflect that value accordingly.
Section 40 (1) (part) and (6) BEFORE amended by 2023-10-227, effective March 30, 2023 (Royal Assent).
(1) Subject to section 44, if part of the land of an owner is expropriated, he or she is entitled to compensation for
(6) For the purposes of this section, expropriation of part of the land of an owner occurs only if
(a) he or she retains land contiguous to the expropriated land, or
(b) he or she owns land close to the land that was expropriated, the value of which was enhanced by unified ownership with the land expropriated.
Section 41 (3) (part) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(3) An owner referred to in subsection (2) who wishes to make a claim for compensation for injurious affection must make his or her claim by applying to the board, and the board must hear the claim and determine
Section 41 (4) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(4) Without limiting any other provision of this section, the BC Transportation Financing Authority has no greater liability to compensate an owner for injurious affection than does the Minister of Transportation and Highways.
Section 41 (3) (part) BEFORE amended by 2023-10-230, effective March 30, 2023 (Royal Assent).
(3) An owner referred to in subsection (2) who wishes to make a claim for compensation for injurious affection must make his or her claim by applying to the court, and the court must hear the claim and determine
Section 42 (1) (part) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(1) A claim for compensation under section 41 (3) must be made in writing to the board by the person suffering the damage, with particulars of the claim, within one year after the damage
Section 44 (2) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(2) If works are not constructed or used within a reasonable period of time, the owner may apply to the board for an appropriate adjustment of compensation.
Section 44 (1) BEFORE amended by 2023-10-226, effective March 30, 2023 (Royal Assent).
(1) If part of the land of an owner is expropriated, and the expropriation or the construction or use of works by the expropriating authority are of special benefit to that owner or to his or her remaining land beyond any general benefit to any other owner benefited by the expropriation or the construction or use, there must be deducted from the amount of compensation payable to that owner the estimated value of the benefit.
Section 45 (2) BEFORE amended by 2004-61-11, effective March 18, 2005 (BC Reg 95/2005).
(2) An appeal lies to the chair from an order under subsection (1).
Section 45 (5) and (6) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(5) If the compensation awarded to an owner is 115% or less of the amount paid by the expropriating authority under section 20 (1) and (12) or otherwise, the board may award the owner all or part of his or her costs.
(6) On a claim under section 41 (3), the board may award, in its discretion, costs to the claimant or the expropriation authority.
Section 45 (8) BEFORE amended by 2004-61-17(a), effective March 18, 2005 (BC Reg 95/2005).
(8) If an expropriating authority and a person referred to in subsection (3) agree on the amount of compensation or damages, but do not agree on the amount of costs to be paid, the costs must be determined by the chair.
Section 45 (9) BEFORE amended by 2004-61-2 and 17(a), effective March 18, 2005 (BC Reg 95/2005).
(9) If the board determines the amount of compensation or damages to which a person is entitled, the amount of costs must be determined by the chair.
Section 45 (11) and (12) BEFORE repealed by 2004-61-17(b), effective March 18, 2005 (BC Reg 95/2005).
(11) An order for costs under this section may be enforced in the same manner as an award of compensation.
(12) An appeal lies to a judge of the Supreme Court from a determination of the chair under subsection (2), (8) or (9).
Section 45 (3) to (5) BEFORE amended by 2023-10-231, effective March 30, 2023 (Royal Assent).
(3) Subject to subsections (4) to (6), a person whose interest or estate in land is expropriated is entitled to be paid costs necessarily incurred by the person for the purpose of asserting his or her claim for compensation or damages.
(4) If the compensation awarded to an owner, other than for business losses, is greater than 115% of the amount paid by the expropriating authority under section 20 (1) and (12) or otherwise, the authority must pay the owner his or her costs.
(5) If the compensation awarded to an owner is 115% or less of the amount paid by the expropriating authority under section 20 (1) and (12) or otherwise, the court may award the owner all or part of his or her costs.
Section 46 (1) (b) (ii) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(ii) any other date that the board considers reasonable.
Section 46 (4) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(4) If the amount of the payment under section 20 (1) or (12) or otherwise is less than 90% of the compensation awarded, excluding interest and business loss, the board must order the expropriating authority to pay additional interest, at an annual rate of 5%, on the amount of the difference, calculated from the date that the payment is made to the date of the determination of compensation.
Section 47 (part) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
47 If, in the opinion of the board, an unreasonable delay in proceedings under this Act has been caused by an owner or the expropriating authority, the board may penalize
Section 47 (a) BEFORE amended by 2023-10-227, effective March 30, 2023 (Royal Assent).
(a) the owner, by depriving the owner, in whole or in part, of the interest to which he or she is entitled, or
Section 48 (2) and (3) BEFORE amended by 2004-61-18(a), effective March 18, 2005 (BC Reg 95/2005).
(2) On receiving a bill under subsection (1), the expropriating authority must either promptly pay the bill or apply to have the bill reviewed by the chair.
(3) If the expropriating authority fails to comply with subsection (2), the owner who submitted the bill may apply to the chair to have the bill reviewed.
Section 48 (4) BEFORE repealed by 2004-61-18(b), effective March 18, 2005 (BC Reg 95/2005).
(4) The chair may delegate to a member of the board the power to conduct a review under subsection (2) or (3).
Section 48 (6) BEFORE amended by 2004-61-18(c), effective March 18, 2005 (BC Reg 95/2005).
(6) Section 45 (7), (11) and (12) apply to reviews under this section.
Section 49 (1) BEFORE amended by 2023-10-232, effective March 30, 2023 (Royal Assent).
(1) Subject to section 6 (5), if a notice or other document is required to be served under this Act, a copy of the notice or other document may be served personally or by registered mail addressed to the person to be served at the person's last known address, or if the person or his or her address is unknown, by publication once in a newspaper having general circulation in the area in which the land is located.
Section 50 (1) and (2) BEFORE amended by 2004-61-2, effective March 18, 2005 (BC Reg 95/2005).
(1) The board may, on the application of an interested party, extend or abridge the time periods referred to in sections 9 (4), 10 (3) (c), 12 (1) and (2), 16 (3), 17, 18 (3), 20 (1), 23 (1), 34 (2) and (3) and 35 (3), subject to conditions the board considers just.
(2) The board may make an order under subsection (1) even though the application for the extension or the order granting the extension is made after the expiry of the period of time in respect of which the application to extend is made.
Section 52 BEFORE amended by 2023-10-233, effective March 30, 2023 (Royal Assent).
Liability for taxes
52 The owner of land that is expropriated is liable, to the same extent as if he or she had continued to be the owner, to pay all taxes levied against the land in respect of the period he or she remains in possession of the land, whether possession is under an express agreement or otherwise, and an appropriate adjustment with respect to those taxes must be made between the owner and the expropriating authority.
Section 53 (1) to (3), (5) and (7) BEFORE amended by 2003-47-25, effective February 13, 2004 (BC Reg 45/2004).
(1) The Lieutenant Governor in Council must establish an Expropriation Compensation Board composed of a chair, vice chair and other members the Lieutenant Governor in Council may appoint.
(2) The chair and vice chair
(a) must be appointed for a 5 year term, and
(b) may be reappointed for further terms, none of which may exceed 5 years.
(3) Other members of the board
(a) must serve on a full or part time basis as the Lieutenant Governor in Council may order,
(b) must be appointed for a 3 year term, and
(c) may be reappointed for further terms, none of which may exceed 3 years.
(5) The chair, vice chair, other members of the board, inquiry officers and a person acting under subsection (7) must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of their duties under this Act and may be paid remuneration for their services and serve in accordance with other terms and conditions as the Lieutenant Governor in Council may order.
(7) The chair, vice chair or any other member of the board who resigns his or her appointment or whose term on the board expires may, after the resignation or expiry of the term,
(a) give judgment in a hearing in respect of which he or she was, while holding office, sitting as a member of or presiding over the panel appointed under subsection (4), and the judgment is valid and effective as though he or she still held office, and
(b) continue with the hearing of any matter referred to in paragraph (a), and the jurisdiction to hear the matter and give judgment is valid and effective as though he or she still held office.
Section 53 BEFORE re-enacted by 2004-61-19, effective March 18, 2005 (BC Reg 95/2005).
Expropriation Compensation Board
53 (1) The Expropriation Compensation Board is continued consisting of the following individuals appointed by the Lieutenant Governor in Council after a merit based process:
(a) a member designated as the chair;
(b) a member designated as the vice chair after consultation with the chair;
(c) other members appointed after consultation with the chair.
(2) and (3) [Repealed 2003-47-25.]
(4) The chair may appoint a panel of the board consisting of 3 members, to hear any matter before the board, and if a panel has been appointed,
(a) the chair must appoint one of the members of the panel to preside, and
(b) the panel has the jurisdiction of the board with respect to matters under this Act that come before it.
(5) Inquiry officers must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of their duties under this Act and may be paid remuneration for their services and serve in accordance with other terms and conditions as the Lieutenant Governor in Council may order.
(6) There may be appointed, under the Public Service Act, officers and employees of the board.
(7) [Repealed 2003-47-25.]
Section 55 (2) (a) BEFORE amended by 2004-44-104, effective December 31, 2004 (BC Reg 547/2004).
(a) under the Highway Act or the Ministry of Transportation and Highways Act, if the arbitrator or arbitrators were appointed under section 27 of the Ministry of Transportation and Highways Act, R.S.B.C. 1979, c. 280,
Section 55 BEFORE repealed by 2004-61-20, effective March 18, 2005 (BC Reg 95/2005).
Transitional
55 (1) Compensation in respect of an expropriation that was commenced under any enactment before this Act came into force must be determined by the board under this Act and not in the manner provided for in the enactment under which the expropriation was authorized.
(2) Subsection (1) does not apply in respect of an expropriation that was commenced before this Act came into force
(a) [Repealed 2004-44-104.]
(b) under the Hydro and Power Authority Act, R.S.B.C. 1979, c. 188, where the valuator was appointed under section 23 (1) of that Act,
(c) under the Municipal Act, R.S.B.C. 1979, c. 290, if
(i) the arbitrators have been appointed under Division 4 of Part 12 of that Act, or
(ii) if the parties have agreed under section 545 of that Act to submit the matter to the Supreme Court or the County Court, and the court had commenced hearing the matter,
(d) under the School Act, R.S.B.C. 1979, c. 375, if the arbitrators were appointed under section 172 of that Act,
(e) in respect of any other enactment providing for the appointment of a person or body to determine the matter, if the body or person was appointed, and
(f) in any other case, if the hearing to determine compensation had actually commenced.
Supplement BEFORE repealed by 2006-33-2(e), effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
[Supplement]
Expropriation Act
[RSBC 1996] CHAPTER 125
1 Section 1 of the Expropriation Act is amended by repealing paragraph (b) of the definition of "owner" and substituting the following:
(b) a substitute decision maker or guardian appointed under the Adult Guardianship Act with authority to make decisions about assets,
(b.1) [Repealed 2006-33-1.]
1993-35-73; 2006-33-1.
2 [Repealed 2006-33-1.]
Supplement section 1 (b.1) BEFORE repealed by 2006-33-1(1)(j), effective May 18, 2006 (Royal Assent).
(b.1) a guardian of an infant, executor, administrator or trustee in whom land is vested, or .
Supplement 2 BEFORE repealed by 2006-33-1(1)(j), effective May 18, 2006 (Royal Assent).
2 Section 45 is amended by adding the following subsection:
(7.1) Appraisal costs referred to in subsection (7) and section 48 (1) are those reasonable costs incurred by a person who has been accredited by an institute or body prescribed by the Lieutenant Governor in Council.
1987-23-44 (8).