The Land Compensation Board is a quasi-judicial board established by the Expropriation Act. 
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Application for Determination of Compensation

If an owner and an Expropriating Authority do not agree upon on the amount of compensation payable for an expropriation under the Expropriation Act, the claimant may apply to the Board through an Application for Determination of Compensation (ADC). The owner of the property in dispute can elect to have the Court of Queen’s Bench determine compensation if the Crown is the Expropriating Authority (Expropriation Act, section 29(3)). For more information on how to apply, please see the Overview of Process section.

The Board will refer to sections 41 to 58 of the Expropriation Act when determining compensation. The Expropriation Act sets out the principles of compensation (section 42). Compensable items include

  1. The market value of the land;
  2. Damages attributable to the disturbance;
  3. Any special economic advantage to the owner; and
  4. Damages for injurious affection where only a portion of the land is expropriated.
Applications must specifically state the legislation under which the claim is made. 
 
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