BILL NO. 169
2nd Session, 63rd General Assembly
68 Elizabeth II, 2019
CHAPTER 29 OF THE ACTS OF 2019
The Honourable Mark Furey
Minister of Justice
First Reading: October 3, 2019 (LINK TO BILL AS INTRODUCED)
Second Reading: October 4, 2019
Third Reading: October 22, 2019
Royal Assent: October 30, 2019
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
- (ia) "occupation" means actual physical occupation;
- 23A In this Part, "disturbance" means pecuniary losses actually incurred by an owner by reason of having to vacate the expropriated land.
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.
- 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,
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.
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