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General Regulation - Expropriation Act, N.B. Reg. 84-11
Citation: General Regulation - Expropriation Act, N.B. Reg. 84-11
Information about this text: Consolidation: September 30, 1999
Enabling Statute: Expropriation act, S.N.B. c. E-14
URL: http://www.canlii.org/nb/laws/regu/1984r.11/20030912/whole.html
Version downloaded by CanLII on 2003-09-12
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
NEW BRUNSWICK
REGULATION 84-11
under the
EXPROPRIATION ACT
(O.C. 84-46)
Filed February 3, 1984
Under section 56 of the Expropriation Act, the Lieutenant-Governor in Council makes the following Regulation:
1
This Regulation may be cited as the General Regulation - Expropriation Act.
2
In this Regulation
"Act" means the Expropriation Act.
3
(1) The forms set forth in Appendix A shall be used in matters dealt with in Part I of the Act.
3
(2) The forms set forth in Appendix B shall be used in matters dealt with in Part II of the Act.
3
(3) The forms prescribed by this Regulation may be varied to suit individual circumstances.
3
(4) No proceeding before the Officer or the Court shall be defeated or affected by any technical objection as to the form used or based on defects in form.
4
(1) The notice of arbitration referred to in subsection 31(1) of the Act or referred to in subsection 31(2) of the Act shall be in Form B-1.
4
(2) A notice of arbitration shall be deemed to be an originating process within the meaning of Rule 16 of the Rules of Court.
4
(3) The Rules of Court apply to a notice of arbitration with such changes as are necessary.
4
(4) The person issuing the notice of arbitration shall be styled as the applicant and any person affected by the notice of arbitration as a respondent.
5
(1) A respondent who intends to appear and present his case shall file and serve a notice of intent to reply in Form B-4.
5
(2) A respondent who has filed and served a notice of intent to reply shall file and serve a reply in Form B-5.
5
(3) A notice of intent to reply shall be deemed to be a notice of intent to defend within the meaning of Rule 20.02 of the Rules of Court and a reply shall be deemed to be a statement of defence within the meaning of Rule 20 of the Rules of Court.
5
(4) The Rules of Court apply with such changes as are necessary to a notice of intent to reply and a reply.
6 Regulation 83-34 under the Expropriation Act is repealed.
7 This Regulation comes into force on April 1, 1984.
APPENDIX A
FORM A-1
TO:
NOTICE OF ENTRY
Take notice that on the day of , 19 ,
(proper name of Expropriating Authority or Applicant)
proposes to enter upon the lands described in Schedule A, under the authority of subsection 5(1) of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, for the purpose of determining the suitability of the said lands for the work or undertaking contemplated by
(name of Expropriating Authority or Applicant)
for which its expropriation is required.
This exploratory work may include the making of surveys, taking levels and making borings, sinking trial pits and conducting such other tests as are necessary to ascertain the suitability of the said lands, for the aforementioned purpose.
Take notice that subsection 5(3) of the Expropriation Act provides that you shall be compensated for any damages caused to your land by the exploratory work carried out by my agents and representatives.
I ask your co-operation in carrying out this exploratory work.
Dated at this day
of ,19
Expropriating Authority or Applicant
FORM A-2
TO: Expropriations Advisory Officer
NOTICE OF INTENTION
TO EXPROPRIATE
This notice of intention to expropriate is issued in accordance with section 6 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973.
1. The name and address of the expropriating authority is
2. A description of the land to be expropriated is set forth in Schedule A hereto.
3. A general description of the state of the land described in Schedule A, including the condition of any buildings or improvements thereupon, is contained in Schedule B hereto.
4. It is intended that
(description of interest to be acquired-fee simple, easement, etc.)
and such interest when acquired shall be subject to
(interest in land remaining after expropriation if none state "nil")
5. The purpose for which expropriation of the said lands is required is
(description of purpose)
6. It is the intention of
(name of expropriating authority)
the expropriating authority, to expropriate the lands described in Schedule A.
7. A plan
(tentative-if applicable)
of survey of the land described in Schedule A is attached hereto as Schedule C.
8. A statement setting out the names of all known owners of the lands described in Schedule A hereto is contained in Schedule D hereto.
9. Schedule E sets out evidence of the steps taken by ,
(expropriating authority)
the expropriating authority, to ascertain the owners of the lands described in Schedule A.
Dated at this
day of , 19
Expropriating Authority
SCHEDULE A
All those certain pieces and parcels of land lying and being in in the Parish of
in the County of in the Province of New
Brunswick more particularly described as follows:
(insert metes and bounds description, parcel index number or copy of a property map of lands to be expropriated)
SCHEDULE B
The following description of the state of the land described in Schedule A, including the condition of any buildings or improvements there upon was prepared by
(appraiser)
as a result of a visit to the said lands on the date indicated:
SCHEDULE C
Attach plan of survey or tentative plan of survey.
SCHEDULE D
The names of all known owners of the lands described in Schedule A are as follows:
(a)
(name)
(interest-fee simple-
mortgagee, etc.)
(address)
(b)
(name)
(interest-fee simple-
mortgagee, etc.)
(address)
SCHEDULE E
The
(name of expropriating authority
the expropriating authority, has caused the records of the Registry Office for the County of
to be searched by
(abstractor or solicitor)
to ascertain the owners of the lands described in Schedule A, and
any other investigations to ascertain ownership and address)
FORM A-3
TO: Expropriations Advisory Officer
APPLICATION FOR EXPROPRIATION
This application is made in accordance with section 7 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973.
1. A description of the lands for which application is made for expropriation are described in Schedule A attached hereto.
2. A general description of the state of the land, described in Schedule A, including the condition of any buildings or improvements thereupon is contained in Schedule B hereto.
3. This application is for the expropriation of
(describe the interest in the land to be expropriated-easement-fee simple)
and such interest when acquired would be subject to:
(interest in land remaining after expropriation-if none-"nil")
4. The purpose for which expropriation of the said lands is required is
(describe purpose)
5. A plan
(tentative-if applicable)
plan of survey of the lands describe in Schedule A is attached hereto as Schedule C.
6. A statement setting out the names of all known owners of the land described in Schedule A is set out in Schedule D.
7. Schedule E sets out evidence of the steps taken to ascertain the owners of the land described in Schedule A.
Upon the Expropriations Advisory Officer submitting his report under subsection 10(5) or 10(6) of the Expropriation Act the Applicant herein must apply to the Lieutenant-Governor in Council requesting the Lieutenant-Governor in Council to expropriate the land that is the subject of this application.
This application for expropriation is made by
(name)
(address)
Dated at this day
of , 19
Applicant
SCHEDULE A
All those certain pieces and parcels of land lying and being in in the Parish of
in the County of in the Province
of New Brunswick more particularly hereinafter described as follows:
(insert metes and bounds description, parcel index number or
copy of a property map of lands to be expropriated)
SCHEDULE B
The following description of the state of the land described in Schedule A, including the condition of any buildings or improvements there upon was prepared by
(appraiser)
as a result of a visit to the said lands on the date indicated:
SCHEDULE C
Attach tentative plan of survey or plan of survey.
SCHEDULE D
Attach tentative plan of survey or plan of survey.
The names of all known owners of the land described in Schedule A are as follows:
(a)
(name)
(interest)
(address)
(b)
(name)
(interest)
(address)
SCHEDULE E
, the applicant, has
(name of applicant)
caused the records of the Registry Office for the County of to be searched
by
(abstractor or solicitor)
to ascertain the owners of the land described in Schedule A and
(additional work, if any, done to ascertain owners and addresses)
FORM A-4
TO:
(owner)
(address)
NOTICE
Attached hereto as Schedule A please find a copy of a Notice of Intention to Expropriate which was filed with the Expropriations Advisory Officer, on
the day of , 19 ,
in accordance with section 6 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973. This copy of the Notice of Intention to Expropriate is served on you in compliance with the requirements of paragraph 8(1)(a) of the said Act.
Attached to the Notice of Intention to Expropriate is the statement required by subsection 8(2) of the said Act.
Dated at this day
of , 19
Expropriating Authority
FORM A-5
TO:
(owner)
(address)
NOTICE
Attached hereto as Schedule A please find a copy of an Application for Expropriation which was filed with the Expropriations Advisory Officer, on the day of , 19 , in
accordance with section 7 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973. This copy of the Application for Expropriation is served on you in compliance with the requirements of paragraph 8(1)(a) of the said Act.
Attached to the proposed Application for Expropriation is the statement required by subsection 8(2) of the said Act.
Dated at this day
of , 19
Applicant
FORM A-6
NOTICE
Take notice that a Notice of Intention to Expropriate, made in accordance with section 6 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, was filed with the Expropriations Advisory Officer on the day of ,
19. . . .
The land affected by the Notice of Intention to Expropriate is described as set out in Schedule A hereto.
The Notice of Intention to Expropriate together with the accompanying plan or tentative plan of survey of the land intended to be expropriated and a statement setting out the names of all known owners of the land may be examined, during normal office hours, at the office of the Expropriations Advisory Officer. A copy thereof may be obtained for a nominal fee on request.
Attached to this Notice as Schedule B is the statement required by subsection 8(2) of the said Act.
The address of the office of the Expropriations Advisory Officer is
The mailing address of the Expropriations Advisory Officer is
Dated at this day
of , 19
Expropriating Authority
FORM A-7
NOTICE
Take notice that an Application for Expropriation, made in accordance with section 7 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, was filed with the Expropriations Advisory Officer on the day of ,
19. . . .
The land affected by the Application for Expropriation is described as set out in Schedule A hereto.
The Application for Expropriation together with the accompanying plan or tentative plan of survey of the land intended to be expropriated and a statement setting out the names of all known owners of the land may be examined, during normal office hours, at the office of the Expropriations Advisory Officer. A copy thereof may be obtained for a nominal fee on request.
Attached to this Notice as Schedule B is the statement required by subsection 8(2) of the said Act.
The address of the office of the Expropriations Advisory Officer is
The mailing address of the Expropriations Advisory Officer is
Dated at this day
of , 19
Applicant
FORM A-8
TO:
Registrar of Deeds of the County of
Province of New Brunswick
NOTICE
This notice is given in accordance with paragraph 8(1)(c) of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, to advise you that a Notice of Intention to Expropriate or an Application for Expropriation was filed with the Expropriations Advisory Officer on the day of , 19 . . . .
The owners of the land described in Schedule A hereto are:
1.
(name)
(address)
2.
(name)
(address)
3.
(name)
(address)
A description of the lands to be expropriated, sufficient to identify them, is set out in Schedule A hereto.
Dated at this day
of , 19
Expropriating Authority or Applicant
FORM A-9
To: Expropriations Advisory Officer
APPLICATION
, the undersigned Expropriating
Authority or Applicant, cannot reasonably comply with paragraph 8(1)(a) of the Expropriation Act for the following reasons:
1.
2.
3.
It is therefore requested that the Expropriations Advisory Officer:
(1) waive the requirement for service of the Notice of Intention or Application for Expropriation as the case may be, so that service shall not be required on the owner(s) of the land
OR
(2) that the Officer requires that service be effected in the following suggested manner:
Dated at this day
of , 19
Expropriating Authority or Applicant
FORM A-10
TO: Expropriations Advisory Officer
DESIRED LANGUAGE
English
French
(here indicate the language in which you choose to receive future communications)
NOTICE OF OBJECTION
This Notice of Objection is given in accordance with section 9 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973.
The full name and address of the objector is:
The objector’s interest in the land described in Schedule A hereto is:
This Notice of Objection is given with regard to that certain Notice of Intention to Expropriate (or Application for Expropriation) filed with the Expropriations Advisory Officer on the
day of , 19. . . . wherein
states that it
(Expropriating Authority or Applicant)
intends to expropriate the lands described in Schedule A hereto.
I object to the above described
intended expropriation taking place on the following grounds:
Dated at this day
of , 19
Objector
FORM A-11
TO:
owner
address
NOTICE
This Notice is given in accordance with subsection 12(1) of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973.
This Notice is given by , the
Expropriating Authority, with regard to the proposed expropriation of the lands described in Schedule A in that certain Notice of Intention to Expropriate filed with the Expropriations Advisory Officer on the day of
, 19. . . .
, the Expropriating
Authority, intends to rely on the following described grounds at the hearing before the Expropriations Advisory Officer on the day of
, 19 at
at in the Province of New Brunswick.
1.
2.
3.
The documents, including maps and plans on which . . . . . . . . . . . . . . , the Expropriating Authority, intends to rely in support of the grounds set out above may be inspected by you at the offices of
, N. B. between the hours of 9:00 a.m.
and 4:30 p.m. Monday through Friday save and excepting holidays.
Dated at this day
of 19
Expropriating Authority
FORM A-12
TO:
owner
address
NOTICE
This Notice is given in accordance with subsection 12(1) of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973.
This Notice is given by , the
Applicant, with regard to the proposed expropriation of the lands described in Schedule A in that certain Application for Expropriation filed with the Expropriations Advisory Officer on the
day of 19. . . .
, the Applicant, intends to
rely on the following described grounds at the hearing before the Expropriations Advisory Officer on the day of , 19. . . .
at at in the Province
of New Brunswick.
1.
2.
3.
The documents, including maps and plans on
which , the Applicant, intends
to rely in support of the grounds set out above may be inspected by you at the offices of ,
N. B. between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday save and excepting holidays.
Dated at this day
of 19
Applicant
FORM A-13
TO: Expropriations Advisory Officer
In the matter of the Proposed Expropriation of
APPLICATION TO AMEND
NOTICE OF INTENTION
(APPLICATION FOR EXPROPRIATION)
Pursuant to subsection 14(1) of the Expropriation Act, the undersigned Expropriating Authority (or Applicant) desires with leave of the Expropriations Advisory Officer to amend its Notice of Intention (or Application for Expropriation) of the proposed expropriation, in order to modify or make substitution for the land proposed to be expropriated, in the following desired manner:
Attached herewith, identified as Schedule A, is a copy of the Notice of Intention (or Application for Expropriation) as amended.
Dated at this day
of , 19
Expropriating Authority or Applicant
FORM A-14
TO: Expropriations Advisory Officer
In the matter of the Proposed Expropriation of:
APPLICATION FOR EXTENSION OF TIME
Pursuant to subsection 19(12) of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, , the undersigned Expropriating
Authority (or Applicant), hereby applies to the Expropriations Advisory Officer for an extension of time (not to exceed sixty days) of days
in which to file its Notice of Expropriation and gives in support of its request the following reasons:
Dated at this day
of , 19
Expropriating Authority or Applicant
FORM A-15
NOTICE OF EXPROPRIATION
1. This Notice of Expropriation is hereby issued in accordance with sections 18 and 19 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973.
2. The names of all registered owners of the lands that are the subject of this expropriation as identified in Schedule A and attached herewith are as follows:
1.
2.
3.
3. Upon registration of this Notice in the Registry Office for the County of , the
County in which the lands subject to the expropriation are situate, the lands herein described and attached herewith as Schedule A shall thereupon vest in
4. Attached herewith is a plan of the lands that are the subject of the expropriation filed in accordance with subsection 50(4) of the Registry Act, chapter R-6 of the Revised Statutes, 1973, identified as Schedule B.
5. Attached herewith as Schedule C is the Order-in-Council under which the expropriation is authorized or the approval is given, or a copy thereof certified by the clerk of the executive council (or the resolution of the council of
the municipality authorizing the expropriation, or a copy thereof certified by the clerk of that municipality).
6. The land described in this notice of expropriation is required
(describe limited estate or interest, if any)
Dated at this day
of , 19
Expropriating Authority, or
Clerk of the Executive Council, or
Clerk of the Municipality of
FORM A-16
To: Expropriations Advisory Officer
ABANDONMENT OF INTENTION
TO EXPROPRIATE
Pursuant to subsection 18(3) of the Expropriation Act, chapter E-4 of the Revised Statutes, 1973, the Expropriating Authority abandons its intention to expropriate the lands described in Schedule A in the Notice of Intention to Expropriate filed with the Expropriations Advisory Officer on the
day of 19. . . .
Expropriating Authority
APPENDIX B
FORM B-1
File No.___________
IN THE COURT OF QUEEN’S BENCH OF
NEW BRUNSWICK
TRIAL DIVISION
JUDICIAL DISTRICT OF
IN THE MATTER of an application for determination of the compensation payable in accordance with the Expropriation Act, chapter E-14, R.S.N.B. 1973, arising out of an expropriation carried out under the said Act.
BETWEEN:
APPLICANT,
- and -
RESPONDENT.
NOTICE OF ARBITRATION
(1) The name of the owner is:
(2) The name of the Statutory Authority required to pay compensation is:
(3) The Act under which the taking, interference or injury was occasioned and compensation authorized is:
(4) A description of the lands to which this Notice of Arbitration applies is set forth in Schedule A attached hereto.
(5) The lands herein described in Schedule A were taken, interfered with or injured by an expropriation notice of which was registered the day
of , 19. . . .
(6) An offer of compensation was made by ,
the Statutory Authority, in the amount of
on the day of , 19. . . .
OR
An offer has not been made by , the
Statutory Authority.
(7) The total amount of compensation claimed by the owner is in the amount of
(8) , the Statutory Authority,
is prepared to pay the amount of as
compensation.
(9) Other facts material to the determination of the matter that is the subject of this Notice of Arbitration:
(10) This Notice of Arbitration is given by
of of in the
(give full address)
County of and the Province of New
Brunswick and my address for service is
in the County of and the Province of
New Brunswick (or, as stated above).
Dated at this day
of , 19
Applicant/Respondent
SCHEDULE A
All those certain pieces and parcels of land lying and being in in the Parish of
in the County of in the Province of New
Brunswick, more particularly described as follows:
(insert metes and bounds description, parcel index number or copy
of a property map of lands to be expropriated)
FORM B-2
OFFER AND TENDER OF COMPENSATION
Dear
Re: The expropriation of your interest in land known as
1. On the day of 19 , I sent
to you by registered mail a copy of my Notice of Expropriation which was recorded in the Registry Office for the County of at on
the day of 19 .
2. The Act under which your property was expropriated is the Expropriation Act, chapter E-14 of the Revised Statutes, 1973 and subsection 37(1) of that Act (a copy of which subsection I enclose herewith for your consideration) requires me to do certain things within 90 days of the recording of my Notice of Expropriation.
Accordingly, I now
(a) formally offer to you the sum of
dollars ($) in full compensation of your interest in the expropriated property. This sum is based upon the appraisal report
of dated a copy of which
report is enclosed for your consideration;
I must ask you to note that this formal offer does not reflect any sum representing business loss which, if you consider relevant, may be claimed by you. It is our view that you would/would not be entitled to a claim for business loss in this case;
If you are satisfied that this sum is fair compensation for your interest and wish to finalize the matter without further negotiation or application to the Court, you may accept this offer and we will prepare the necessary documents of release for your signature;
(b) I hereby tender to you a cheque in your favour in the sum of ($) representing 100% of the amount of the market value of your interest as estimated by us;
PLEASE NOTE HOWEVER that this cheque is tendered to you
(i) without prejudice either to your or my rights to have the amount of compensation determined by the Court, if either of us so wish;
(ii) subject to adjustment in accordance with the decision of the Court should the matter be referred to the Board for its decision; and
(iii) subject to any sum that we may later decide to agree upon.
3. If you wish to accept the offer outlined in paragraph (a) above then the proceeds of the enclosed cheque would be considered as payment on account of that offer, but this may be so considered only in the event that you do accept our offer.
4. I am certain that you are as anxious as we are to have this matter concluded as soon as possible. To assist you in replying to this letter I have enclosed a draft of a letter you might use to advise me
(a) of your having received the above mentioned offer, cheque and appraisal report,
(b) whether or not you accept the offer as being all the compensation you wish to receive, or
(c) whether or not you wish to cash the cheque and ask for more compensation.
Yours truly
being the Expropriating
Authority
FORM B-3
ACKNOWLEDGEMENT OF RECEIPT OF
OFFER AND TENDER OF COMPENSATION
(Name and address of
expropriating authority)
Dear
re: The Expropriation of my property situate at
1. I have received your letter dated
19. . . .
2. As regards your offer of $in full
compensation of my interest - excepting compensation for business loss - I wish to inform you that
(a) I accept this offer in final and complete settlement of my claim for compensation for my interest in the land you have expropriated and now ask that you forward to me your form of release;
OR
(b) I refuse this offer and propose that a reasonable sum to compensate me would be $
made up as follows:
3. I have received and negotiated the cheque in the sum of $ tendered to me in your
said letter,
(a) on the understanding that acceptance of this tender in no way prejudices my rights to have the question of compensation determined by the Expropriations Advisory Officer nor affects my rights to continue negotiations to settle the question of compensation;
OR
(b) because I have now accepted your offer to settle my claim for compensation in the sum of $ I wish to consider the proceeds of this cheque as part payment and now look forward to receiving your release form and further cheque to conclude the matter.
Yours truly,
FORM B-4
File No.___________
IN THE COURT OF QUEEN’S BENCH OF
NEW BRUNSWICK
TRIAL DIVISION
JUDICIAL DISTRICT OF
IN THE MATTER of an application for determination of the compensation payable in accordance with the Expropriation Act, chapter E-14, R.S.N.B. 1973, arising out of an expropriation carried out under the said Act.
BETWEEN:
APPLICANT,
- and -
RESPONDENT.
NOTICE OF INTENT TO REPLY
TAKE NOTICE that the Respondent intends to appear and contest this matter.
Dated at this day
of , 19
Solicitor for Respondent
Name of solicitor of intended Respondent
Name of firm (if applicable)
Business Address
or, where party intending to defend is not represented by a solicitor:
Name of Respondent intending to Contest
Address for service in New Brunswick
FORM B-5
File No.___________
IN THE COURT OF QUEEN’S BENCH OF
NEW BRUNSWICK
TRIAL DIVISION
JUDICIAL DISTRICT OF
IN THE MATTER of an application for determination of the compensation payable in accordance with the Expropriation Act, chapter E-14, R.S.N.B. 1973, arising out of an expropriation carried out under the said Act.
BETWEEN:
APPLICANT,
- and -
RESPONDENT.
REPLY
1. This is the reply of the Respondent to the Notice of Arbitration of the Applicant.
2. The Respondent admits paragraphs (1, 2 and 3, as the case may be)
3. The Respondent says that the total amount of compensation payable is the sum of .
4. The Respondent says (set forth reply)
5. The Respondent says that the applicant is not entitled to the relief or remedy sought (or, is entitled to the following relief or remedy)
6. This reply is made by of
(give full address) of
the County of , Province of
New Brunswick, Respondent (or, solicitor for the Respondent) and my address for service is (give address for service, or (if applicable), same as above.)
Dated this day of ,
19. . . . .
Respondent, (or solicitor for the Respondent)
N.B.
This Regulation is consolidated to September 30, 1999.
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