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

Expropriation Procedure

 
Minimize 1. Expropriating Authority issues Notice of Intention to Expropriate (NOITE) (Expropriation Act, section 8)
  1. The Expropriating Authority must file a Notice of Intention to Expropriate (NOITE) in the Land Titles Office.
  2. The Expropriating Authority must serve every person who is known to have an interest in the land with a copy of the NOITE.
  3. The Expropriating Authority may also have to fulfill other requirements before issuing a NOITE, depending on what law it is using to expropriate.
  4. For further details regarding the NOITE, see section 8 of the Expropriation Act

Minimize 2. Owner has opportunity to object to the expropriation (Expropriation Act, section 10 and Form 2 of the Expropriation Act Forms Regulation)
  1. Within 21 days of being served the NOITE, an owner may object to the expropriation and request an Inquiry.
  2. An owner can object by filing a Notice of Objection with the Approving Authority, whose name and address can be found on the NOITE (Expropriation Act Forms Regulation, Form 2).
  3. Objections to expropriation are separate from questions of compensation; an owner may agree to the expropriation but still dispute the amount of compensation offered.
  4. In some cases, an objection might not lead to an Inquiry (for example, see sections 9 & 13 of the Expropriation Act).
Minimize 3. Inquiry Officer holds an Inquiry (if Notice of Objection is filed) (Expropriation Act, section 15)
  1. An Inquiry Hearing is only necessary if an owner objects to the expropriation. 
  2. If the Expropriating Authority is the Crown or a municipality, the Inquiry Officer is appointed by the Deputy Minister of Justice (or designate). In all other cases the Board is appointed as the Inquiry Officer. 
  3. Once appointed, the Inquiry Officer holds a public hearing. At the hearing, each party will have an opportunity to present their case, and the Inquiry Officer will inquire into whether the expropriation is fair, sound, and reasonably necessary.
  4. The Expropriating Authority will pay the Landowner’s reasonable legal costs unless there are special circumstances.
  5. Within 30 days of being appointed, the Inquiry Officer issues a written report (Expropriation Act, section 16) to the parties, the Expropriating Authority and the Approving Authority, who will decide whether the expropriation is approved.
Minimize 4. Approving Authority decides whether to allow, modify or disapprove any expropriation (Expropriation Act, sections 11, 18)
  1. The NOITE and the Inquiry Report are sent to the Approving Authority. Depending on the situation, the Approving Authority may be a government department, a municipal council, or the Land Compensation Board.
  2. The Approving Authority considers the Inquiry Report, if applicable, and decides to approve, modify or disapprove the proposed expropriation (Expropriation Act, sections 11, 18). Any modifications cannot impact the land of a person who was not party to the Inquiry.
  3. If expropriation is approved, a Certificate of Approval is issued.
Minimize 5. Certificate of Approval registered in the Land Titles Office (Expropriation Act, sections 19, 20, 24. 61 and 64)
  1. If the Approving Authority issues a Certificate of Approval, it may be registered in the Land Titles Office. For more information on time limits and extensions, see section 20 of the Expropriation Act.
  2. Once the Certificate of Approval is registered, the estate or interest in land becomes property of the Expropriating Authority and the owner has the right to claim compensation (Expropriation Act, section 61).
  3. Registration of a Certificate of Approval does not mean that an owner must give up possession of the land. Owners do not have to give up possession until a Notice of Possession is served (see step 7, below).
  4. Abandonment of expropriation
      1. The Expropriating Authority may abandon its intention to expropriate, either wholly or partially, at any time before registration of the Certificate of Approval in the Land Titles Office.
      2. If an expropriation has been abandoned, the Expropriating Authority shall pay the owner any actual losses and the reasonable legal, appraisal and other costs incurred by the owner up to the time of abandonment, as a consequence of the initiation of the expropriation proceedings.
      3. If parties do not agree, compensation related to the abandonment, including costs, must be determined by the Board.
  5. Within 30 days after the Certificate of Approval has been registered, the Expropriating Authority shall serve the owner a Notice of Possession that it requires the land on a specific date. The Notice period cannot be less than 90 days, unless the interest is a right of way.
Minimize 6. Offer of proposed payment made by Expropriating Authority (Expropriation Act, sections 31-34)
  1. Within 90 days of registration of the Certificate of Approval, the Expropriating Authority must give the owner written notice of its estimate of the value of the owner’s interest and must include a copy of its written appraisal (Expropriation Act, section 32). The proposed payment must be based on an appraisal.
  2. The owner is immediately entitled to receive the amount of the proposed payment. Acceptance of the proposed payment does not prevent the owner from seeking additional compensation before the Board.
  3. An owner must provide information necessary to assist the Expropriating Authority in making its appraisal. If the owner does not cooperate with the appraisal, the Board may set the amount of the proposed payment.
Minimize 7. Owner decides whether to request additional compensation (Expropriation Act, sections 35 and 36)
  1. The owner may decide to pursue compensation over and above the proposed payment.
  2. If either party does not agree on the compensation payable, the party may apply to the Board to determine the amount of compensation (Expropriation Act, section 36). For additional information and time limits, see section 30 and 36.
  3. The owner may obtain an independent appraisal and/or legal advice to help them decide whether to accept the proposed payment, and the Expropriating Authority must pay all reasonable costs of the appraisal and/or for legal advice.
Minimize 8. Board determines compensation (Expropriation Act, sections 29(2), 30, 36, and 39)
  1. If parties cannot agree on compensation, then in most cases, it is determined by the Board. For more information about hearings, please click here. Where expropriation is by the Crown, the owner can instead elect to have the Court of Queen’s Bench determine compensation.
  2. Principles of compensation are described in sections 41–57 of the Expropriation Act and relevant case law to the facts and expertise presented to determine fair compensation.
  3. Procedures for compensation hearings are outlined in the Expropriation Act Rules of Procedure and Practice.
  4. The Expropriating Authority will pay the owner’s reasonable legal, appraisal and other costs unless there are special circumstances.
  5. Parties may elect to use mediation as an alternative means to reach their own agreement on compensation. For more information, please click here.
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This website provides general guidance only and is not offered as legal advice. Each case is unique. The details on this website may not apply to every case, or to future decisions of the Board. Please contact the Land Compensation Board office if you have any questions.