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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.