Regulations Effecting Transfer of Expropriation Compensation Board Proceedings to BC Supreme Court
On March 18, 2005, the B.C. Government passed a series of Regulations to implement the Expropriation Amendment Act (S.B.C. 2004 c.61 as amended by Bill 3/05).
Of particular interest and relevance are:
- B.C. Reg. 97/05: The Expropriation Compensation Board Transitional Regulation, and
- B.C. Reg. 100/05: The Compensation Action Procedure Rule
Both are posted below (link).
BC Reg. 97/05 defines as an "in-progress board proceeding" those proceedings currently before the ECB and for which the Board (subject to below) retains jurisdiction, including:
- Matters heard between Aug 1/04 and Mar 18/05 where the Board’s decision remains outstanding or pending
- Matters which are under appeal and the BC Court of Appeal has commenced its hearing before Mar 18/05; presumably these matters could be referred back to the ECB once completed and decided by the C.A.
- Matters for which the Board has, before Mar 18/05, set a hearing for a hearing date no later than Dec 31/05
No other matters except those which fall within the above definition may be accepted, heard or determined. This includes unscheduled final costs hearings/determinations.
For those matters which meet the definition of an "in-progress board proceedings", the ECB may take all steps necessary to conclude the proceedings, including setting or conducting pre-hearing or interlocutory matters, or hearings under section 48 or additional compensation hearings. The ECB may when rendering its decision include a determination of entitlement to and, the scale of any associated costs. However, no final cost hearings on these matters may be heard by the Chair of the board.
Decisions outstanding at Jan 1/06, may be completed but no hearings, including any adjournments thereof, can be conducted after that date.
Once its jurisdiction over a matter, as defined in this Reg. is terminated, the ECB file will be transferred to the Deputy Attorney General.
B.C. Reg.100/05 provides a process whereby parties to proceedings no longer under the Board’s jurisdiction may then file with the Deputy Attorney General a Request to Transfer the proceeding to a Supreme Court Registry for continuation in accordance with this rule. Inquiries with respect to the process of transfer or, to file a Request to Transfer should be directed to:
Carol Anne Rolf, Executive Director
Strategic Planning and Legislation Office
Ministry of Attorney General
PO Box 9283 Stn Prov Govt
Victoria BC V8W 9J7
Phone 250 356-5157