In this regulation:
Act means the Expropriation Act;
court means the Supreme Court.
An expropriation notice or an amended or modified expropriation notice filed in the land title office under section 6 (1) (d), 16 (2) or 18 (5) (a) of the Act shall have the original signature of an authorized signatory of the expropriating authority or be certified by an authorized official of the expropriating authority as a true copy of the original.
Where the expropriating authority has and uses a common seal on the original, it must be imprinted on the land title office copy.
If less than an entire parcel is affected by the expropriation and a fee simple interest is intended to be expropriated,
a copy of a reference or explanatory plan must be attached to the expropriation notice, and
the application to file the notice in the land title office must be accompanied by a plan package that
complies with section 67 (s) of the Land Title Act, or
in the case of an electronic plan, complies with Part 10.1 of the Land Title Act.
If less than an entire parcel is affected by the expropriation and an interest less than the fee simple is intended to be expropriated,
a copy of a reference or explanatory plan must be attached to the expropriation notice, and
the application to file the notice in the land title office must be accompanied by a plan package that unless the application to file the notice includes a description of the area of the parcel and the interest to be affected by the expropriation, in a method contemplated by section 58 (1) of the Land Title Act, that is contained in a written instrument in form and substance capable of registration as a charge under the Land Title Act.
complies with section 67 (s) of the Land Title Act, or
in the case of an electronic plan, complies with Part 10.1 of the Land Title Act,
For the purposes of section 37 of the Act, the court shall establish the value of a security interest in the expropriated land by determining the market value of the security interest at the date of expropriation referred to in section 29 of the Act.
When the amount owing to the security holder is greater than the market value of the security holder's security interest and there is no collateral security other than the covenant of the purchaser or borrower to pay the amount of the debt, the security interest shall be deemed to be fully paid, discharged and satisfied on payment to the security holder of the market value of the security interest.
When the amount owing to the security holder is greater than the market value of the security holder's security interest and there is collateral security other than the covenant of the purchaser or borrower to pay the amount of the debt, and whether that collateral is by way of security on other property or a guarantee of a third party or otherwise, the compensation shall not fully discharge the debt and the court shall determine the balance remaining and the manner in which it is to be repaid.
When the expropriation is of a part of land that is subject to a security interest, the court must determine the market value of the expropriated part and must allocate the compensation between the security holder and the other owners as it considers just in the circumstances.
When the expropriated land is subject to a security interest, the expropriating authority shall pay to the security holder 3 months' interest at the rate prescribed in the security document or, if no rate is prescribed, at the rate that would normally be payable in respect of the security on the amount of outstanding principal.
When the court makes a determination under section 31 (3) of the Act, the amount payable under subsection (1) shall be in the same proportion in relation to the total payment made on account of interest that the land being expropriated and subject to the security interest is to the entire amount of land subject to the security interest.
The forms numbered 1 to 9 in the Schedule are prescribed for the purposes of the Act and shall be used where applicable.
Repealed. [B.C. Reg. 17/2005, Sch. 3, s. 1.]
For the purpose of section 20 (3) of the Act, the following persons may prepare appraisal reports:
a person designated A.A.C.I. by the Appraisal Institute of Canada;
a person designated RI by the Real Estate Institute of British Columbia;
in respect of partial takings only, a person designated SR/WA by the International Right of Way Association.
Schedule Expropriation Act Land Title Act Application NATURE OF APPLICATION: Expropriation Notice HEREWITH FEES OF: $...................... FULL NAME, ADDRESS AND TELEPHONE NUMBER of person presenting application: NOTE: The above Application shall only appear on the copy of the Expropriation Notice filed in the Land Title Office. Expropriation Act Form 1 [am. B.C. Reg. 96/2005, s. 4.] (Section 6 (1) ) Expropriation Notice Expropriation Notice No. .................... (to be filled in by Land Title Office) [AND FURTHER TAKE NOTICE that an inquiry officer has been appointed under section 13 (1) of the Expropriation Act for the purposes of an inquiry on [date] at [time], to be held at [place].] [include where a direction is made under section 23 (2) (c) ] [AND FURTHER TAKE NOTICE that the expropriating authority intends to make a direction to the registrar of land titles under section 23 (2) (c) of the Expropriation Act as follows: [Describe the charge(s) exempt from cancellation, including type and registration number] ] DATED at................................ this......... day of................................, 20.... . [Name of Expropriating Authority] By: ........................................... (Authorized Signatory) Expropriation Act Form 2 [am. B.C. Reg. 96/2005, s. 5.] (Section 10 (3) ) Notice of Request for Inquiry DATED at ................................ this ......... day of ................................, 20..... . Expropriation Act Form 3 [am. B.C. Reg. 96/2005, s. 6.] (Section 13 (1) ) Notice of Request for Speedy Inquiry DATED at ................................ this ......... day of ................................, 20..... . Land Title Act Application HEREWITH FEES OF: $........................ FULL NAME, ADDRESS AND TELEPHONE NUMBER of person presenting application: Expropriation Act Form 4 [am. B.C. Reg. 96/2005, s. 7.] (Sections 16 (2) and 18 (5) ) Amended Expropriation Notice [AND FURTHER TAKE NOTICE that an inquiry officer has been appointed under section 13 (1) of the Expropriation Act for the purposes of an inquiry on [date] at [time], to be held at [place].] [include where a direction is made under section 23 (2) (c) ] [AND FURTHER TAKE NOTICE that the expropriating authority intends to make a direction to the registrar of land titles under section 23 (2) (c) of the Expropriation Act as follows: [Describe the charge(s) exempt from cancellation, including type and registration number] ] DATED at ................................ this ......... day of ................................, 20..... . [Name of Expropriating Authority] By: ...........................................(Authorized Signatory) Expropriation Act Form 5 (Section 18 (2) ) Certificate of Approval of Expropriation TAKE NOTICE that [Name and address of approving authority] has approved the expropriation contemplated in the [Amended] Expropriation Notice dated [month, day], 20...., registered in the [Name] Land Title Office under number [DF number] and affecting [legal description and parcel identifier number of land expropriated.] AND FURTHER TAKE NOTICE that the expropriating authority is required under section 20 (1) of the Expropriation Act, within 30 days after approval, to pay to an owner the amount the expropriating authority estimates is or will be payable to that owner as compensation, other than for a business loss referred to in section 34 (3). DATED at ................................ this ......... day of ................................, 20.... . Land Title Act Application (filing number of Expropriation Notice) HEREWITH FEES OF: $............................. FULL NAME, ADDRESS AND TELEPHONE NUMBER of person presenting application: Expropriation Act Form 6 (Section 18 (6) ) Cancellation of Expropriation Notice TAKE NOTICE that the Expropriation Notice dated [month, day], 20...., filed in the [Name] Land Title Office under number [filing number] and affecting [legal description and parcel identifier number] is cancelled and the Registrar is authorized to cancel the notice, together with all entries in the register pertaining to it, and [name of expropriating authority] hereby certifies that the approving authority has rejected the expropriation contemplated by the notice. DATED at ................................ this ......... day of ................................, 20..... . [Name of Expropriating Authority] By: ...........................................(Authorized Signatory) Land Title Act Application (filing number of Expropriation Notice) HEREWITH FEES OF: $...................................... FULL NAME, ADDRESS AND TELEPHONE NUMBER of person presenting application: Expropriation Act Form 7 [am. B.C. Reg. 96/2005, s. 8.] (Section 19 (2) ) Notice of Abandonment DATED at ................................ this ......... day of ................................, 20..... . [Name of Expropriating Authority] By: ...........................................(Authorized Signatory) Expropriation Act Form 8 (Section 20 (1) ) Notice of Advance Payment DATED at ................................ this ......... day of ................................, 20..... . Land Title Act Application NOTE: The above Application shall only appear on the copy of the Vesting Notice filed in the Land Title Office. Expropriation Act Form 9 (Section 23 (1) ) Vesting Notice TAKE NOTICE that the interest described in Expropriation Notice No. [specify filing number] dated [month, day], 20...., [as modified by (specify filing numbers of modification/partial abandonment notices)] respecting the land described below [or in the attached schedule] is vested in [name of expropriating authority] free and clear of all charges other than those referred to in section 23 (2) (a) to (c) of the Expropriation Act and those, if any, described in the Expropriation Notice [as modified]. [Legal description and parcel identifier number]. [include only where a section 23 (5) election is made with respect to a park or public square] [AND FURTHER TAKE NOTICE that the expropriating authority requests that section 23 (2) of the Expropriation Act apply to the expropriation. DATED at ................................ this ......... day of ................................, 20..... . [Name of Expropriating Authority] By: ...........................................(Authorized Signatory)