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In This Volume

  • 2 (1) If an expropriating authority proposes to expropriate land, this Act applies to the expropriation, and, if there is an inconsistency between any of the provisions of this Act and any other enactment respecting the expropriation, the provisions of this Act apply.
  • (1.1) Despite subsection (1), if there is an inconsistency between any of the provisions of this Act and the Nisga’a Final Agreement, as defined in the Nisga’a Final Agreement Act, the Nisga’a Final Agreement applies.
  • (1.2) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of a final agreement, the provision of the final agreement applies.
  • (1.3) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of either a regulation under section 99(1)(m.1) of the Oil and Gas Activities Act or an order under section 76(6) of that Act, the provision of the regulation or order prevails.
  • (2) This Act does not apply in respect of
  • (a) an entry on land for the purpose of exercising a power of inspection, investigation or enforcement in the course of administering an enactment,
  • (b) an entry on land under the authority of an enactment by a land surveyor or a person employed by a land surveyor for the purpose of conducting a survey, soil test or other examination, other than a survey, soil test or other examination conducted for the purpose of an expropriation,
  • (c) a right exercisable, without payment of compensation, under an exception or reservation to which the title to land is subject, or
  • (d) an entry on land under section 20 of the Hydro and Power Authority Act or section 8 of the Transportation Act.
  • (3) This Act does not apply to expropriations under the British Columbia Railway Act, the Emergency Program Act, the Railway Act and the Water Sustainability Act, except to the extent provided for in those Acts.
  • (3.1) After the coming into force of this subsection, this Act does not apply to an expropriation under section 11(2) of the Park Act of an interest in land in the form of
  • (a) rights under a lease, as defined in the Mineral Tenure Act, of the recorded holder of the lease,
  • (b) rights under a lease, as defined in the Coal Act, of the lessee, or
  • (c) rights under a Crown granted 2 post claim of its owner.
  • (4) This Act does not apply to replotting under the Municipal Replotting Act.
  • (5) [Repealed 2001-41-2.]
  • (6) This Act does not apply to an expropriation under the Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act.
  • (7) This Act does not apply in respect of the Canadian Pacific Railway (Stone and Timber) Settlement Act.

1987‑23‑2; 1988‑6‑25; 1997-23-19, effective August 25, 1997 (B.C. Reg. 294/97); 1998-10-5, effective January 25, 1999 (B.C. Reg. 19/99); 1999-2-35, effective May 11, 2000 (B.C. Reg. 146/2000); 2000-7-191; 2001-41-2; 2004-44-101, effective December 31, 2004 (B.C. Reg. 547/2004); 2008-6-13, effective March 31, 2008; 2008-28-145, effective March 31, 2009 (B.C. Reg. 49/2009); 2007-36-62, effective April 3, 2009 (B.C. Reg. 55/2009); 2010-09-04, effective October 4, 2010 (B.C. Reg. 274/2010); 2012-27-20; 2014-27-12, effective December 22, 2014 (B.C. Reg. 247/2014); 2014-15-161, effective February 29, 2016 (B.C. Reg. 35/2016); 2016-5-10.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Acts Providing for Expropriation Powers

A number of Acts include express powers of expropriation, and some of them either expressly modify the scheme set out in the Expropriation Act or address how the provisions of the Expropriation Act apply. These Acts should be read in conjunction with the Expropriation Act. See, for example:

See also ss. 32 and33 of the Water Sustainability Act and the Water Sustainability Regulation, B.C. Reg. 36/2016, which adopt a number of Expropriation Act procedures regarding the determination of compensation for an estate or interest in land expropriated under the Water Sustainability Act by a licensee for the construction, maintenance, improvement, or operation of works authorized under the licence.

In some circumstances, land which is vested in an institution is exempt from expropriation. See, for example:

  • College and Institute Act, R.S.B.C. 1996, c. 52, s. 28
  • Hospital Act, R.S.B.C. 1996, c. 200, s. 53
  • University Act, s. 53

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 3, paras. 813 and 819.

CASE LAW

Proposal to Expropriate

The statement in s. 2(1) that the provisions of the Expropriation Act apply whenever there is an inconsistency with another enactment respecting expropriation is only a statement that the procedures in the Expropriation Act apply and override when the expropriating authority “proposes” to expropriate land. Because the Expropriation Act cannot be used to change the empowerment process of an expropriating authority, “proposes”, when applied to an expropriating authority that is empowered to expropriate under the Local Government Act, can only mean “proposed” in a bylaw (Purchase v. Terrace (City) (1995), 26 M.P.L.R. (2d) 126 (B.C.C.A.)). See also the annotations for this decision under ss. 1, 6, and 19 of this Act, and the annotation for Erickson v. Kamloops (City), 1993 CanLII 1464 (BC SC) under s. 6 of this Act.