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Statutes of Newfoundland 1996


CHAPTER 28

CHAPTER 28

AN ACT TO AMEND THE EXPROPRIATION ACT

(Assented to December 19, 1996)

Analysis

1. S.2 Amdt.
Definitions

2. S.8 Amdt.
Owner to file claim

3. S.9 Amdt.
Publication of notice

4. S.13 Amdt.
Notice where compensation agreed upon

5. Ss.19 & 20 R&S
19. Board to fix
compensation
20. Operation of board

6. Ss.21, 23, 24 & 25 Rep.
21. Fees of board
23. Board may compel witnesses to attend
24. Witness fees
25. Transcription of evidence

7. S.26 Amdt.
Board may try questions of law and fact

8. S.27 Amdt.
Rules for assessing compensation

9. S.31 Amdt.
Return of land expropriated

10. S.32 Amdt.
Award of board to be written

11. S.34 Amdt.
Board may award costs

12. S.35 Amdt.
Payment of compensation

13. S.36 Amdt.
Award of additional interest

14. S.37 Amdt.
Award of interest by minister

15. Jurisdiction continued

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cE-19 as amended

1. (1) Section 2 of the Expropriation Act is amended by repealing paragraph (a).

(2) Section 2 of the Act is amended by repealing paragraph (c) and substituting the following:

(c) "board" means the Board of Commissioners of Public Utilities as appointed under the Public Utilities Act;

(3) Section 2 of the Act is amended by repealing paragraph (g) and substituting the following:

(g) "minister" means the minister appointed under the Executive Council Act to administer this Act;

2. Subsection 8(2) of the Act is amended by striking out the words "a board" and substituting the words "the board".

3. Subsection 9(5) of the Act is amended by striking out the words "a board" and substituting the words "the board".

4. Subsection 13(3) of the Act is amended by striking out the words "a board" and substituting the words "the board".

5. Sections 19 and 20 of the Act are repealed and the following substituted:

Board to fix compensation

19. (1) Where

(a) the minister and the owner of land expropriated or detrimentally affected by the expropriation cannot agree on the amount of compensation to be paid for the expropriated land or on account of being detrimentally affected;

(b) the owner cannot be found or there is a doubt as to the ownership of the land; or

(c) for another reason the minister considers it expedient

the amount of compensation to be paid shall be fixed by the board.

(2) An application to fix compensation under subsection (1) shall be made by the minister.

Operation of board

20. (1) Except where inconsistent with this Act or the regulations, the provisions of the Public Utilities Act in relation to the constitution, powers, procedures, and practices of the board apply to and in respect of the board when acting under this Act.

(2) Where the board hears a compensation application under subsection (1) a quorum shall be one or more commissioners as determined by the board.

6. Sections 21, 23, 24 and 25 of the Act are repealed.

7. Section 26 of the Act is amended by striking out the words "a board" and substituting the words "the board" wherever they occur.

8. Subsection 27(1) of the Act is amended by striking out the words "a board" and substituting the words "the board".

9. Subsection 31(1) of the Act is amended by striking out the phrase "where a board has been appointed," and the comma immediately before that phrase and by adding immediately following the phrase "before an award is made" the phrase "by the board".

10. (1) Subsection 32(1) of the Act is amended by striking out the word "appointed" and substituting the phrase "seized with the matter" and by striking out the word "arbitration" and substituting the word "hearing".

(2) Section 32 of the Act is amended by repealing subsections (2), (3) and (4).

11. Section 34 of the Act is amended by repealing subsections (2), (3) and (4) and substituting the following:

(2) Expenses in connection with a hearing held by the board shall include costs of counsel, engineers, valuators, stenographers, accountants and other assistants employed by the board as well as the salaries and expenses of the members of the board while employed in and about the hearing.

(3) Where the compensation awarded by the board in a case is greater than the sum that the minister offered in writing for the land that was expropriated or detrimentally affected, the minister shall pay costs and all expenses in connection with the hearing held by the board.

(4) Where compensation awarded does not exceed the sum offered, the party which refused the offer shall pay costs and all expenses in connection with the hearing held by the board.

(5) Where in respect of land expropriated or detrimentally affected no sum was offered before expropriation, costs and all expenses in connection with the hearing held by the board shall be paid by the party designated by the board.

12. Section 35 of the Act is amended by striking out the words "by a board" and substituting the words "by the board".

13. Section 36 of the Act is amended by striking out the words "a board" and substituting the words "the board".

14. Section 37 of the Act is amended by striking out the words "a board" and substituting the words "the board".

Jurisdiction continued

15. Where, on the commencement of this Act, a board has been appointed under section 19 of the Expropriation Act that board remains seized with the matter until it gives its decision.

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