BILL NO. 169
(as introduced)
2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019
Government Bill
Expropriation Act
(amended)
The Honourable Mark Furey
Minister of Justice
First Reading: October 3, 2019
Second Reading: October 4, 2019
Third Reading: October 22, 2019 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 clarifies that the purpose of the Act is to allow people whose land has been expropriated to receive reasonable compensation for their loss.
Clause 2 corrects an outdated reference to divisions of the Supreme Court of Nova Scotia and adds a definition for "occupation".
Clause 3 corrects an outdated reference to the Appeal Division of the Supreme Court.
Clause 4 adds a definition for "disturbance".
Clauses 5 and 6 provide that where negotiations for compensation have been dispensed with or have failed, for cases of injurious affection where no lands have been taken, the parties must make application to the Supreme Court of Nova Scotia to determine any compensation and not the Nova Scotia Utility and Review Board.
Clause 7 clarifies that costs determinations made by the Board for claims of injurious affection are only in cases where lands have been taken from the owner.
Clause 8 provides that interest on outstanding compensation starts accruing on the date the expropriation documents are deposited in the registry of deeds.
Clause 9 establishes a process under which claims for compensation for injurious affection, where the statutory authority does not acquire part of the land of an owner, can be brought before the Supreme Court of Nova Scotia.
Clause 10 provides that proceedings before the Board that have been completed before this Act receives Royal Assent are not affected by this Act.
Clause 11 provides that this Act applies retroactively to June 1, 2019.
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 2(1) of Chapter 156 of the Revised Statutes, 1989, the Expropriation Act, is amended by adding "reasonably" immediately after "be" in the second line.
2 Subsection 3(1) of Chapter 156, as amended by Chapter 11 of the Acts of 1992, Chapter 19 of the Acts of 1995-96, Chapter 6 of the Acts of 2001, Chapter 16 of the Acts of 2006 and Chapter 4 of the Acts of 2017, is further amended by
(a) striking out "or "Supreme Court" means the Trial Division of the Supreme Court and includes a judge thereof whether sitting in court or in chambers" in the second to fourth lines of clause (b) and substituting "means the Supreme Court of Nova Scotia"; and
(b) adding immediately after clause (i) the following clause:
- (ia) "occupation" means actual physical occupation;
3 Subsection 17(5) of Chapter 156 is amended by striking out "Appeal Division of the Supreme Court" in the second line and substituting "Nova Scotia Court of Appeal".
4 Chapter 156 is further amended by adding immediately before Section 24 the following Section:
- 23A In this Part, "disturbance" means pecuniary losses actually incurred by an owner by reason of having to vacate the expropriated land.
5 (1) Subsection 36(1) of Chapter 156 is amended by striking out "Where" in the first line and substituting "Subject to Part VA, where".
(2) Subsection 36(4) of Chapter 156 is amended by striking out "If" in the first line and substituting "Subject to Part VA, where".
6 Subsection 47(1) of Chapter 156, as amended by Chapter 19 of the Acts of 1995-96, is further amended by striking out "The Board" in the first line and substituting "Subject to Part VA, the Board".
7 Subsection 52(2) of Chapter 156, as enacted by Chapter 19 of the Acts of 1995-96, is amended by adding ", where part of the land of an owner has been acquired," immediately after "affected" in the third line.
8 Subsection 53(1) of Chapter 156 is amended by adding ", but in no case is interest to be awarded for any period prior to the date the expropriation documents are deposited in the registry of deeds" immediately after "lands" in the seventh line.
9 Chapter 156 is further amended by adding immediately after Section 65 the following Part:
- 65A (1) Where an owner claims injurious affection within the meaning of subclause 3(1)(h)(ii) and the parties have not agreed on the amount of compensation,
(a) no claim may be brought before the Board to determine compensation;
(b) the statutory authority or the owner may initiate proceedings before the Court for an order determining compensation; and
(c) the Court has exclusive jurisdiction to determine all matters relating to the proceedings, including liability, compensation, interest on outstanding compensation and costs.
(2) Where a party initiates proceedings under subsection (1), the practice and procedure of the Court applies mutatis mutandis to the proceedings.
65B (1) Notwithstanding Section 65A, where proceedings before the Board for a determination of compensation for claims of injurious affection within the meaning of subclause 3(1)(h)(ii) have been commenced before June 1, 2019, but not completed, the Board shall determine compensation in accordance with Part V.
(2) For the purpose of subsection (1), proceedings before the Board are commenced when either party serves a notice of hearing upon the other of them or upon the Board to have the compensation determined by the Board.
10 Nothing in this Act affects proceedings before the Board that have been completed before this Act receives Royal Assent.
11 This Act has effect on and after June 1, 2019.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created October 29, 2019. Send comments to legc.office@novascotia.ca.
