Regulations under the Act:
R.R.O. 1990, Reg. 363 - Forms
R.R.O. 1990, Reg. 364 - RULES TO BE APPLIED FOR THE PURPOSES OF SUBSECTION 32 (1) OF THE ACT
The Act outlines the rights and obligations of the various parties involved in the expropriation process, the procedure to be followed, how compensation is determined, and options that are available in the case of disputes.
The term “expropriate” is defined in the Act to mean the taking of land without the consent of the owner by an Expropriating Authority in the exercise of its statutory powers. In other words, the Expropriating Authority, which can be the Crown or any other entity empowered by statute to expropriate land, like municipalities, hospitals, universities, and public utilities, has the legal right to take possession of private land and to, in turn, provide compensation to the landowner.
The Act sets out the detailed procedure the Expropriating Authority must follow to initiate the expropriation process, including receiving permission from an Approving Authority (a Minister, the Attorney General, a municipal council, or a school board, depending upon the jurisdiction), serving appropriate notice to the registered owner, and publishing notice of expropriation in local newspapers.
Owners of land to be expropriated may request a hearing to determine if the proposed expropriation is “fair, sound and reasonably necessary” to achieve the objectives of the Expropriating Authority. An Inquiry Officer who, upon hearing arguments from both sides of the issue, makes a recommendation for or against the expropriation by way of a report that is submitted to the Approving Authority who then approves (or not) the proposed expropriation with modifications.
If the Approving Authority approves the expropriation the Expropriating Authority, after registering the lands with a land registry office, must serve the now former landowner with an offer of compensation. This offer may be accepted or, if additional compensation is sought, the process will proceed to the Board of Negotiation (BON). The initial offer of compensation is termed to be “without prejudice”, meaning the expropriated owner is entitled to accept the offer but still able to dispute the amount of compensation.
The Act serves to continue the Board of Negotiation, a tribunal that negotiates compensation settlements in expropriation cases. The BON becomes involved only after alternative avenues for resolving the issues have not succeeded. Through mediation, the BON attempts to bring the parties to an agreement on the appropriate compensation for the specific case. With no power to impose a settlement, the BON will, where sufficient information has been submitted, provide an opinion about how to reach fair compensation. If no settlement can be reached, the parties can take their appeal to the Ontario Municipal Board (OMB) which has jurisdiction to decide compensation issues under the Act. The OMB will render a final decision on market value for the land and additional compensation, if any.