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Newfoundland and Labrador
Regulation 2013


NEWFOUNDLAND AND LABRADOR REGULATION 58/13

NEWFOUNDLAND AND LABRADOR
REGULATION 58/13

Expropriation Negotiation and Application Regulations
under the
Muskrat Falls Project Land Use and Expropriation Act
(O.C. 2013-160)

(Filed May 28, 2013)

Under the authority of sections 13 and 47 of the Muskrat Falls Project Land Use and Expropriation Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, May 28, 2013.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Negotiation

        4.   Appraisal

        5.   Application for expropriation

        6.   Application for urgent expropriation

        7.   Information to be provided to landowner


Short title

        1. These regulations may be cited as the Expropriation Negotiation and Application Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Muskrat Falls Project Land Use and Expropriation Act;

             (b)  "appraisal" means an appraisal of the value of land prepared in accordance with the Act and these regulations;

             (c)  "compensation" means the compensation payable by a proponent for land of a landowner under section 22 of the Act; and

             (d)  "prescribed form" means the form prescribed by the minister.

Negotiation

        3. (1) A proponent shall, in the conduct of its dealings under the Act, negotiate in good faith with a landowner who owns land which, in the opinion of the proponent, is necessary for the Muskrat Falls Project.

             (2)  A proponent shall offer to pay to a landowner for his or her land the compensation for the land that would be payable if the land were expropriated under the Act.

             (3)  This section applies to a proponent who is negotiating with a person who is claiming to be detrimentally affected by the acquisition or use of land by a proponent.

Appraisal

        4. (1) Where a proponent requires land which, in the opinion of the proponent, is necessary for the Muskrat Falls Project, the proponent shall obtain an appraisal of the land which is to be expropriated.

             (2)  A proponent shall pay the costs of the appraisal.

             (3)  A proponent shall deliver a copy of the appraisal to the landowner.

             (4)  Notwithstanding subsection (1), where a proponent has determined that land is urgently required under section 13 of the Act and an appraisal is not possible due to the urgency of the requirement, the proponent may use an alternate method of valuation of the land acceptable to the expropriating authority.

             (5)  Subsections (2) and (3) apply with the necessary changes to the alternate valuation method used under subsection (4).

Application for expropriation

        5. (1) Where, under paragraph 12(1)(b) of the Act, a proponent wishes to have land expropriated, the proponent shall apply to the expropriating authority in the prescribed form to expropriate that land.

             (2)  An application for expropriation shall include the following information:

             (a)  a general description of the land to be expropriated, including the nature of the interest to be expropriated;

             (b)  a declaration of an officer of the proponent that the land to be expropriated is, in the opinion of the proponent, necessary for the Muskrat Falls Project;

             (c)  the circumstances set out in subsection 12(5) of the Act that apply to the request;

             (d)  the identity of any person claiming to have an interest in the land to be expropriated, if known;

             (e)  the details of negotiations which have been undertaken with respect to the acquisition by the proponent of the land to be expropriated and any offer which the proponent has made or, where no offer has been made, the reason why no offer has been made;

              (f)  a survey conducted by a surveyor licensed under the Land Surveyors Act, 1991, or other description of the land that is to be expropriated, in form and content satisfactory to the expropriating authority;

             (g)  a copy of the appraisal or the method of valuation that was used by the proponent in determining the compensation payable to a landowner;

             (h)  a title search of the land to be expropriated, in form and content satisfactory to the expropriating authority, that details a registered security interest in the land concerned; and

              (i)  the results of a search of the Judgment Enforcement Registry, or where the results are not attached, an explanation satisfactory to the expropriating authority as to why the information is not attached.

Application for urgent expropriation

        6. (1) Where a proponent determines that land is urgently required under section 13 of the Act, the proponent shall make an application in the prescribed form to the expropriating authority for an urgent expropriation order to be issued by the Lieutenant-Governor in Council under subsection 13(1) of the Act.

             (2)  Where the expropriating authority receives an application for urgent expropriation under subsection (1), the expropriating authority shall immediately send that application to the Lieutenant-Governor in Council for consideration.

             (3)  An application for urgent expropriation shall include the following information:

             (a)  a general description of the land to be expropriated, including the nature of the interest to be expropriated;

             (b)  a declaration of an officer of the proponent that the land to be expropriated is, in the opinion of the proponent, necessary for the Muskrat Falls Project;

             (c)  the identity of any person claiming to have an interest in the land to be expropriated, if known;

             (d)  the details of negotiations which have been undertaken with respect to acquisition by the proponent of the land to be expropriated, if any, and any offer which the proponent has made to any person or, where no offer has been made, the reason why no offer has been made;

             (e)  a survey conducted by a surveyor licensed under the Land Surveyors Act, 1991, or other description of the land to be expropriated, in form and content satisfactory to the expropriating authority;

              (f)  either

                      (i)  a copy of the appraisal of the land, or

                     (ii)  an affidavit of an officer of the proponent respecting the alternate method of valuation used by the proponent in determining the compensation for the land to be expropriated;

             (g)  a title search of the land to be expropriated, in form and content satisfactory to the expropriating authority, that details a registered security interest in the land concerned; and

             (h)  the results of a search of the Judgment Enforcement Registry, or where results are not attached, an explanation satisfactory to the expropriating authority as to why the information is not attached.

Information to be provided to landowner

        7. Where, under the authority of section 13 of the Act, the Lieutenant-Governor in Council directs the expropriating authority to proceed with an intended expropriation without inquiry,

             (a)  the expropriating authority shall

                      (i)  proceed to expropriate the land without inquiry, and

                     (ii)  deliver the notice of expropriation to the landowner; and

             (b)  the proponent shall provide the landowner with the following information:

                      (i)  a copy of the appraisal or the affidavit respecting the method of valuation used by the proponent in determining the compensation for the land to be expropriated which was submitted under paragraph 6(3)(f); and

                     (ii)  a copy of the survey or other description of the land to be expropriated which was submitted under paragraph 6(3)(e).