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BILL NO. 40

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                 An Act to Amend Chapter 156
                of the Revised Statutes, 1989,
                    the Expropriation Act




                          CHAPTER 19
                       ACTS OF 1995-96




                 
                                                               
                                                               
               The Honourable J. William Gillis
                     Minister of Justice


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
                  An Act to Amend Chapter 156
                 of the Revised Statutes, 1989,
                     the Expropriation Act



         Be it enacted by the Governor and Assembly as follows:


         1  Subsection 3(1) of Chapter 156 of the Revised Statutes,
1989, the Expropriation Act, as amended by Chapter 11 of the
Acts of 1992, is further amended by

            (a) relettering clause (a) as clause (aa); and

            (b) adding immediately before that clause the following
         clause:

                (a) "appraisal report" is a written report which
            follows and would meet the requirements and standards
            adopted by The Appraisal Institute of Canada for such
            reports;


         2  Chapter 156 is amended by adding immediately after
Section 13 the following Section:

            13A In addition to the offer referred to in subsection
         13(2), an expropriation authority may make an offer to
         settle as defined in Section 52, and in making an offer to
         settle, the expropriating authority may have reference to
         such additional information as the expropriating authority
         considers necessary which may include, but which is not
         limited to, an amended appraisal report.


         3  Section 16 of Chapter 165 is amended by adding
immediately after subsection (2) the following subsection:

            (3) If the amount paid pursuant to subsection (2)
         exceeds the amount of compensation as determined by the
         Board, the Board shall order the registered owner to pay
         the excess to the expropriating authority and, upon such
         order being made, the registered owner shall pay the excess
         to the expropriating authority.


         4  Subsection 27(11) of Chapter 156 is amended by adding

            (a) ", to the extent that the mortgage affects title to the
         land," immediately after "shall" in the second line of clause
         (a);

            (b) "upon payment of the amount payable to the
         mortgagee under subsection (10)" immediately after
         "purposes" in the fourth line of clause (a);

            (c) ", to the extent that the mortgage affects title to the
         land," immediately after "shall" in the second last line of
         clause (b); and

            (d) "upon payment of the amount payable to the
         mortgagee under subsection (10)" immediately after
         "purposes" in the last line of clause (b).


         5  (1) Subsection 29(1) of Chapter 156 is amended by

                (a) striking out "nine" in the seventh line and
            substituting "twelve";

                (b) striking out "two" in the last line and
            substituting "three"; and

                (c) adding "from the date of the expropriation"
            immediately after "elapsed" in the last line.

            (2) Section 29 of Chapter 156 is further amended by
adding immediately after subsection (2) the following Section:

                (3) For the purpose of determining the
            compensation for loss of goodwill, the value of the
            goodwill shall be determined in accordance with
            generally accepted accounting principles.


         6  Section 30 of Chapter 156 is amended by adding "(1)"
immediately after the Section number and adding the following
subsection:

            (2) No compensation is payable for the loss of access
         to land or egress from land, or both, where the loss is the
         result of a designation pursuant to the Public Highways Act
         of a highway or land as a controlled access highway, if
         other access to the land or egress from the land, as the case
         may be, is available as a result of a service or land access
         road being provided.


         7  Section 35 of Chapter 156 is repealed.


         8  Subsection 47(1) of Chapter 156 is amended by striking
out "in respect of which a notice has been served upon it under
subsection (1) or (4) of Section 36" in the second and third lines
and substituting "where the parties have not agreed on the
amount of compensation".


         9  (1) Subsection 50(1) of Chapter 156 is repealed and the
following subsections substituted:

                (1) A party is not entitled to adduce the evidence of
            an expert witness at the hearing unless the party has
            filed with the Board and served upon the other party or
            parties at least sixty days before the hearing begins a
            copy of the expert's report.

                (1A)                             Where a report has been filed with the
            Board and served on the other party pursuant to
            subsection (1), the other party may file an expert's
            report in response at least thirty days before the
            hearing and is entitled to adduce the evidence in that
            report.

            (2) Subsection 50(2) of Chapter 156 is amended by
striking out "Each" in the first line and substituting "Subject to
subsections (1) and (1A), each".


         10 Section 52 of Chapter 156 is repealed and the following
Section substituted:

            52  (1) In this Section, "offer to settle" means a written
         offer of an amount in full compensation for land
         expropriated or for injurious affection caused to an owner,
         or for both, made by an expropriating authority to the
         owner at least fourteen days prior to the date of a hearing
         by the Board that is held to determine the amount of the
         compensation.

                (2) Subject to subsection (5), an owner whose
         interest in land is expropriated or injuriously affected is
         entitled to be paid the reasonable costs necessarily incurred
         by the owner for the purpose of asserting a claim for com-
         pensation.

                (3) Subject to subsection (5), where an
         expropriating authority and an owner agree on the amount
         of compensation, but do not agree on the amount of costs to
         be paid, the costs to be paid to the owner shall be
         determined by the Board.

                (4) Where the compensation awarded to an owner
         by the Board is greater than the amount offered in the offer
         to settle, the expropriating authority shall pay to the owner
         costs as determined by the Board.

                (5) Where the compensation awarded to an owner
         by the Board is equal to or less than the amount offered in
         the offer to settle, the owner is entitled to costs, as
         determined by the Board, to the date of service of the offer
         to settle but the owner shall bear the owner's own costs that
         are incurred after that date.

                (6) An offer to settle shall not be disclosed to the
         Board before its determination of the compensation payable
         to the owner.

                (7) The costs payable to the owner are

                    (a) those costs referred to in subsection (2),
                (3), (4) or (5); or

                    (b) where the Governor in Council prescribes
                a schedule of costs, the amounts prescribed in the
                schedule and not the costs referred to in clause (a).

                (8) In a determination of costs pursuant to
         subsection (2), (3), (4) or (5), the following shall be taken
         into account:

                    (a) the number and complexity of the issues;

                    (b) the conduct of any party that tended to
                shorten or unnecessarily lengthen the duration of
                the proceeding;

                    (c) any step in the proceeding that was
                improper, vexatious, prolix or unnecessary;

                    (d) the reasonableness and relevance of
                appraisal and other expert reports, including the
                cost of the reports;

                    (e) the skill, labour and responsibility
                involved;

                    (f) the amount of the award or settlement;

                    (g) any other matter relevant to the question of
                costs.

                (9) The expropriating authority shall pay interest
         on an unpaid account for costs payable pursuant to this
         Section at the rate of six per cent per year or such rate as
         determined by the Governor in Council, from the date the
         account is served on the expropriating authority by the
         owner.

                (10)    Costs awarded pursuant to this Section are
         payable upon settlement or final adjudication of
         compensation to the owner.


         11 Section 66 of Chapter 156, as amended by Chapter 11
of the Acts of 1992, is further amended by adding immediately
after clause (b) the following clauses:

            (c) prescribing a schedule of costs payable to an owner
         under this Act and the rate of interest on unpaid costs;

            (d) defining any word or expression used but not
         defined in this Act;


         12 This Act applies with respect to the expropriation of
land vesting in an expropriating authority pursuant to
subsection 11(2) of the Expropriation Act on or after February
1, 1996.