2004 Legislative Session: 5th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR TREATY NEGOTIATIONS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended
(a) by repealing the definitions of "board", "chair" and "vice chair",
(b) by adding the following definition:
"court" means
(a) subject to paragraph (b), the Supreme Court, or
(b) in sections 7 (2) (a) (i) and 33 (b), any court; , and
(c) by repealing the definition of "registrar" and substituting the following:
"registrar", except in reference to a registrar of the court, means a registrar as defined in the Land Title Act; .
2 Sections 3 (1) (b) and (2) (b), 20 (4), (6), (9) and (11), 25, 26 (1) and (3), 30 (2), 31 (1), 34 (2) and (4), 39, 40 (5), 41 (3), 42 (1), 44 (2), 45 (5), (6) and (9), 46 (1) (b) (ii) and (4), 47 and 50 (1) and (2) are amended by striking out "board" wherever it appears and substituting "court".
3 Sections 6 (5), 22 and 23 (7) and (8) are amended by striking out "Supreme Court" and substituting "court".
4 Section 10 (2) and (3) (c) is amended by striking out "board" and substituting "minister".
5 Section 11 is amended
(a) in subsection (1) by striking out everything before paragraph (a) and substituting "The inquiry officer may, by order, refuse to hold a public inquiry if, on the application of the expropriating authority and after granting both parties the opportunity to be heard, the inquiry officer considers that", and
(b) in subsection (2) by striking out "If an order is made to deny the request under subsection (1), the board" and substituting "If the inquiry officer makes an order under subsection (1), the inquiry officer".
6 Section 12 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If the minister receives a request under section 10, the minister must, within 7 days after service under section 10 (3) (c), appoint an inquiry officer who, subject to section 11, must hold a public inquiry. , and
(b) in subsection (2) (c) by striking out "denied" and substituting "refused".
7 Sections 13 (1) and 17 are amended by striking out "chair or a member of the board" and substituting "minister".
8 Section 14 (1) is amended by striking out "The inquiry officer" and substituting "Subject to section 11, the inquiry officer".
9 Section 18 (2) (a) is amended by striking out "denied," and substituting "refused,".
10 Section 19 (4) (b) is amended by striking out "the chair under section 45." and substituting "a registrar of the court."
11 Sections 21 (2) and (3) and 45 (2) are amended by striking out "chair" and substituting "court".
12 Section 21 (2) is amended by striking out "his or her" and substituting "the".
13 Section 26 is amended
(a) by adding "and" at the end of subsection (1) (b) and by repealing subsections (1) (c), (2) and (4) to (7), and
(b) in subsection (3) by striking out "issue a certificate" and substituting "make an order".
14 Section 27 is repealed and the following substituted:
27 (1) The Lieutenant Governor in Council may, by regulation, make rules governing the court's practice and procedure in a proceeding under this Act.
(2) If there is any inconsistency or conflict between a rule made under subsection (1) and a rule made under the Court Rules Act, the rule made under subsection (1) prevails.
15 Section 28 is repealed.
16 Section 30 (2) is amended by striking out "certify the amount of the difference, and that amount is a debt due and payable to the expropriating authority recoverable by action from the owner to whom the overpayment was made." and substituting "order the amount of the difference as payable to the expropriating authority by the owner to whom the overpayment was made."
17 Section 45 is amended
(a) in subsections (8) and (9) by striking out "the chair." and substituting "a registrar of the court.", and
(b) by repealing subsections (11) and (12).
18 Section 48 is amended
(a) in subsections (2) and (3) by striking out "the chair" and substituting "a registrar of the court",
(b) by repealing subsection (4), and
(c) in subsection (6) by striking out "Section 45 (7), (11) and (12) apply" and substituting "Section 45 (7) applies".
19 Section 53 is repealed and the following substituted:
53 Inquiry officers must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of their duties under this Act and may be paid remuneration for their services and serve in accordance with other terms and conditions as the minister may order.
20 Sections 53.1 and 55 are repealed.
21 (1) In this section, "expropriation enactments" means
(a) the Expropriation Act and the regulations under that Act, and
(b) the Acts consequentially amended by this Act and the regulations under those Acts, insofar as those Acts and regulations relate to an expropriation.
(2) Despite this Act, the expropriation enactments, as they read immediately before the repeal of section 53 (1) of the Expropriation Act, continue to apply to a proceeding before the Expropriation Compensation Board if the board mailed a notice of hearing in respect of that proceeding before the repeal of section 53 (1) of the Expropriation Act.
Administrative Tribunals Act
22 Sections 94 to 98 of the Administrative Tribunals Act, S.B.C. 2004, c. 45, are repealed.
Community Charter
23 Sections 33 (3) (b) and 50 (4) (a) of the Community Charter, S.B.C. 2003, c. 26, are amended by striking out "by the Expropriation Compensation Board" and substituting "by the Supreme Court".
Drainage, Ditch and Dike Act
24 Section 108 of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is amended by striking out "by the Expropriation Compensation Board established under the Expropriation Act." and substituting "by the Supreme Court in accordance with the Expropriation Act."
Freedom of Information and Protection of Privacy Act
25 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by repealing the following:
| Public Body: | Expropriation Compensation Board | |
| Head: | Chair . |
Health Act
26 Section 21 of the Health Act, R.S.B.C. 1996, c. 179, is amended by striking out "by the Expropriation Compensation Board established under the Expropriation Act." and substituting "by the Supreme Court."
Hydro and Power Authority Act
27 Sections 16 (9) and 20 (2) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, are amended by striking out "by the Expropriation Compensation Board established under the Expropriation Act." and substituting "by the Supreme Court."
Local Government Act
28 Section 312 (3) (b) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "by the Expropriation Compensation Board." and substituting "by the Supreme Court."
29 Section 749 (2) is amended by striking out "Expropriation Compensation Board" and substituting "Supreme Court".
Ministry of Transportation and Highways Act
30 Section 17 (2) of the Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311, is amended by striking out "by the Expropriation Compensation Board under the Expropriation Act." and substituting "by the Supreme Court."
Miscellaneous Statutes Amendment Act (No. 2), 2003
31 Sections 15 to 18 of the Miscellaneous Statutes Amendment Act (No. 2), 2003, S.B.C. 2003, c. 37, are repealed.
Public Sector Employers Act
32 The Schedule to the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by striking out "Expropriation Compensation Board".
Railway Act
33 Sections 33 (4) and 53 (1) of the Railway Act, R.S.B.C. 1996, c. 395, are amended by striking out "the Expropriation Compensation Board under the Expropriation Act" and substituting "the court".
Transportation Act
34 Section 9 (4) of the Transportation Act, S.B.C. 2004, c. 44, is amended by striking out "by the Expropriation Compensation Board established under the Expropriation Act." and substituting "by the Supreme Court."
35 Section 104 is repealed.
Vancouver Charter
36 Section 544 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out "by the Expropriation Compensation Board established under the Expropriation Act." and substituting "by the court in accordance with the Expropriation Act."
37 Section 613 (3) (b) is amended by striking out "Expropriation Compensation Board." and substituting "court in accordance with the Expropriation Act."
Water Act
38 Section 46 (2) (c) of the Water Act, R.S.B.C. 1996, c. 483, is amended by striking out "the Expropriation Compensation Board" and substituting "a court".
39 Section 101 (3) (b), as enacted by section 99 of the Drinking Water Protection Act, S.B.C. 2001, c. 9, is amended by striking out "the Expropriation Compensation Board" and substituting "a court".
Amendments to this Act
40 Section 30 of this Act is repealed.
41 Section 35 is repealed.
42 Section 38 is repealed.
43 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | By regulation of the Lieutenant Governor in Council |
| 2 | Sections 22 and 31 | The date of Royal Assent |
| 3 | Section 40 | If section 30 of this Act has not been brought into force, the date that section 130 of the Transportation Act, S.B.C. 2004, c. 44, comes into force |
| 4 | Section 41 | If section 35 of this Act has not been brought into force, the date that section 104 of the Transportation Act, S.B.C. 2004, c. 44, comes into force |
| 5 | Section 42 | If section 38 of this Act has not been brought into force, the date that section 94 of the Drinking Water Protection Act, S.B.C. 2001, c. 9, comes into force |
SECTION 1: [Expropriation Act, section 1] repeals definitions for terms that will no longer appear in the Act, adds a definition of "court", and re-enacts a definition of "registrar".
SECTION 2: [Expropriation Act, sections 3, 20, 25, 26, 30, 31, 34, 39, 40 to 42, 44 to 47 and 50] changes references to the Expropriation Compensation Board so they refer to the Supreme Court.
SECTION 3: [Expropriation Act, sections 6, 22 and 23] changes references to "Supreme Court" to "court" as a result of adding a definition of "court" to section 1 of the Act.
SECTION 4: [Expropriation Act, section 10] provides for a request for an inquiry to be made to the minister.
SECTION 5: [Expropriation Act, section 11] authorizes the inquiry officer to refuse to hold a public inquiry in specified circumstances.
SECTION 6: [Expropriation Act, section 12] provides for the minister appointing an inquiry officer and that the requirement to hold a public hearing is subject to section 11 of the Act.
SECTION 7: [Expropriation Act, sections 13 and 17] authorizes the minister to appoint an inquiry officer and to extend the deadline for the inquiry officer to submit his or her report.
SECTION 8: [Expropriation Act, section 14] clarifies that the requirement to hold a public hearing is subject to section 11 of the Act.
SECTION 9: [Expropriation Act, section 18] modifies wording as a result of the amendments to section 11 of the Act by section 5 of this Bill.
SECTION 10: [Expropriation Act, section 19] provides for the registrar determining costs.
SECTION 11: [Expropriation Act, sections 21 and 45] changes references to the chair of the Expropriation Compensation Board so they refer to the Supreme Court.
SECTION 12: [Expropriation Act, section 21] modifies wording as a result of the amendment to this section of the Act by section 11 of this Bill.
SECTION 13: [Expropriation Act, section 26]
(a) repeals provisions that are no longer necessary as a result of the court having jurisdiction;
(b) provides for orders of the court rather than certificates issued by the board.
SECTION 14: [Expropriation Act, section 27]
SECTION 15: [Expropriation Act, section 28] repeals the provision providing for an appeal from the Expropriation Compensation Board to the Court of Appeal.
SECTION 16: [Expropriation Act, section 30] provides for orders of the court rather than certificates issued by the board.
SECTION 17: [Expropriation Act, section 45]
(a) provides for the registrar determining costs;
(b) repeals provisions relating to the Expropriation Compensation Board and costs.
SECTION 18: [Expropriation Act, section 48]
SECTION 19: [Expropriation Act, section 53] disestablishes the Expropriation Compensation Board.
SECTION 20: [Expropriation Act, sections 53.1 and 55] removes the application of the Administrative Tribunals Appointment and Administration Act to the board and repeals a spent transitional provision.
SECTION 21: [Transitional -- Expropriation Act] continues the Expropriation Compensation Board for the purpose of completing any proceedings in progress before the board.
Administrative Tribunals Act
SECTION 22: [Administrative Tribunals Act, sections 94 to 98] as a result of the disestablishment of the Expropriation Compensation Board, repeals amendments to the Expropriation Act.
Community Charter
SECTION 23: [Community Charter, sections 33 and 50] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
Drainage, Ditch and Dike Act
SECTION 24: [Drainage, Ditch and Dike Act, section 108] as a result of the disestablishment of the Expropriation Compensation Board, provides for a valuation and assessment of damages by the Supreme Court.
Freedom of Information and Protection of Privacy Act
SECTION 25: [Freedom of Information and Protection of Privacy Act, Schedule 2] removes the designation of the Expropriation Compensation Board as a public body under the Act.
Health Act
SECTION 26: [Health Act, section 21] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
Hydro and Power Authority Act
SECTION 27: [Hydro and Power Authority Act, sections 16 and 20] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
Local Government Act
SECTION 28: [Local Government Act, section 312] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
SECTION 29: [Local Government Act, section 749] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
Ministry of Transportation and Highways Act
SECTION 30: [Ministry of Transportation and Highways Act, section 17] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
Miscellaneous Statutes Amendment Act (No. 2), 2003
SECTION 31: [Miscellaneous Statutes Amendment Act (No. 2), 2003, sections 15 to 18] repeals amendments to the Expropriation Act that are not in force.
Public Sector Employers Act
SECTION 32: [Public Sector Employers Act, Schedule] removes the designation of the Expropriation Compensation Board as a designated tribunal under the Act.
Railway Act
SECTION 33: [Railway Act, sections 33 and 53] as a result of the disestablishment of the Expropriation Compensation Board, provides for an appeal to and the determination of compensation by the Supreme Court.
Transportation Act
SECTION 34: [Transportation Act, section 9] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
SECTION 35: [Transportation Act, section 104] repeals an amendment to section 55 of the Expropriation Act which is repealed by section 20 of this Bill.
Vancouver Charter
SECTION 36: [Vancouver Charter, section 544] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
SECTION 37: [Vancouver Charter, section 613] as a result of the disestablishment of the Expropriation Compensation Board, provides for the determination of compensation by the Supreme Court.
Water Act
SECTION 38: [Water Act, section 46] changes a reference from "Expropriation Compensation Board" to "court".
SECTION 39: [Water Act, section 101] changes a reference from "Expropriation Compensation Board" to "court".
SECTION 40: [Expropriation Amendment Act, 2004, section 30] provides for the repeal of section 30 of this Bill if section 17 (2) of the Ministry of Transportation and Highways Act is first repealed by section 130 of the Transportation Act.
SECTION 41: [Expropriation Amendment Act, 2004, section 35] provides for the repeal of section 35 of this Bill if section 55 (2) (a) of the Expropriation Act is first repealed by section 104 of the Transportation Act.
SECTION 42: [Expropriation Amendment Act, 2004, section 38] provides for the repeal of section 38 of this Bill if section 46 of the Water Act is first repealed by section 94 of the Drinking Water Protection Act.
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