News Release Archive
JUSTICE--EXPROPRIATION ACT AMENDED ------------------------------------------------------------ Justice Minister Bill Gillis today announced amendments to the Expropriation Act. The amendments are designed to clarify and improve the existing legislation, and ensure a more straightforward system is in place when dealing with the expropriation of land. The amendments change the way "offers to settle" are made to landowners. Currently, the expropriating authorities are required to make an offer within 90 days after filing an expropriation document, and this offer forms the basis of any settlement eventually ordered by the Utility and Review Board. In some cases, additional information may be required in order to properly assess the appropriate compensation. With the amendment, increased offers to settle can now be made to landowners prior to a hearing before the Utility and Review Board, thereby accelerating and simplifying the establishment of fair compensation for the landowners. In fact, the amendment may eliminate the need for a costly and time consuming hearing. The entitlement to legal and expert costs is also addressed. The amendment ensures that landowners will continue to receive fair compensation for their properties, and will also receive payment for any reasonably incurred costs. This amendment will permit the same board hearing the claim for compensation to deal with these costs. The effects of expropriation on property mortgages are also clarified, as is the jurisdiction of the Utility and Review Board. The time allotment to determine business loss calculations is increased to provide the maximum opportunity for land owners to receive fair compensation for losses falling into this category. As well, the issue of compensation relating to the loss of access is addressed. The amendments provide for compensation for loss of access roads, only where no alternate access route is provided. "The amendments improve the fairness of the process, and I believe that's in the best interests of all concerned," said Dr. Gillis. -30- Contact: Michele McKinnon 902-424-6811 trp Nov. 06, 1995