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348 Power Of Minister To Decide Complaints And Claims And Make Order

In This Volume

  • 348 If no complaint or claim for compensation in writing has been delivered to the minister within the time allowed for the delivery of complaints and claims, then at any time after that, or if any complaint or claim has been delivered, then on or after the hearing of the complaint or claim, or on the report of the person appointed to conduct the hearing, or on further investigation or evidence, the minister may, by order,
  • (a) adopt or vary the reports of the surveyor and of the person appointed to conduct the hearing,
  • (b) decide the matter of any complaint or claim in a manner as to the minister appears just and equitable under all the circumstances,
  • (c) set the amount of compensation to which a complainant will be entitled because of the adoption of the special survey and plan,
  • (d) determine in conformity with the report of the surveyor, or person appointed to conduct the hearing or otherwise, the amounts of compensation to which persons other than the complainants are entitled,
  • (e) direct that the compensation awarded to one or more or to all claimants be paid by the municipality or by the Crown, or by the registered owner of any parcel receiving unequal benefit from the survey, and in the last mentioned case direct that the amount of compensation be paid to the municipality or the Crown to be paid out to the person entitled to it on payment of or after deduction of the person’[s] share of the costs and expenses of the survey,
  • (f) direct that the compensation be paid by the municipality or the Crown as part of the expenses of the survey,
  • (g) specify the land within the special survey area which is to be charged with compensation paid under paragraph (f), and direct the manner in which the compensation is to be apportioned,
  • (h) determine the amount of costs and expenses of the special survey, including fees of a person appointed to perform a function under this Part, costs of serving notices, witness fees, advertising and other expenses in connection with the survey; and order to and by what persons and in what proportions or amounts the costs and expenses are to be chargeable and payable, and
  • (i) determine or direct any other matter necessary in connection with the survey, including alterations in the plan and in the markings on the ground, and the manner in which the title to any parcel may be vested or the parcel disposed of, and also the manner and the time within which fences, buildings and other structures may be torn down, removed or dealt with.

1979-219-348; 2003-66-35.


Notice to Affected Owners

The minister has directed that the registrar send a notice in the form reproduced below to the owners of parcels affected before the Lieutenant Governor in Council issues an order under s. 350.