APPENDIX L-1: LIMITS ON PROVINCIAL EXPROPRIATION
GENERAL
1. Provincial Law applies to the expropriation of NStQ Treaty Settlement Lands by a
Provincial Expropriating Authority except to the extent that the Final Agreement
modifies its application.
2. A Provincial Expropriating Authority may expropriate an Interest in NStQ Treaty
Settlement Lands only with the consent and by the order of the Lieutenant Governor
in Council.
3. The Lieutenant Governor in Council may issue an order consenting to an
expropriation of an Interest in NStQ Treaty Settlement Lands only:
a. after the conclusion of the procedures described in paragraphs 4 through
5; and
b. where the expropriation is justifiable in accordance with paragraph 6.
4. Before the Lieutenant Governor in Council makes a decision under paragraph 3, the
Provincial Expropriating Authority will provide a report to NStQ which states the
reasons for the expropriation and addresses the factors under subparagraphs 6a to
6d.
5. Within 30 days of receipt of the report under paragraph 4, NStQ will notify the
Provincial Expropriating Authority if it objects to the expropriation of the Interest in
NStQ Treaty Settlement Lands and, within 30 days of the Provincial Expropriating
Authority’s receipt of notice from NStQ, the Provincial Expropriating Authority and
NStQ will make reasonable efforts to resolve the objection raised by NStQ.
6. For the purposes of subparagraph 3b, an expropriation is justifiable where the
Lieutenant Governor in Council is satisfied that the following requirements have
been met:
a. reasonable efforts have been made by the Provincial Expropriating
Authority to acquire the Interest in NStQ Treaty Settlement Lands through
agreement with NStQ;
b. there is no other reasonably feasible alternative to the expropriation,
including the use of lands that are not NStQ Treaty Settlement Lands;
This AIP is not legally binding and has not been signed by the Parties. Hard copies are available to the public upon request to British Columbia or Canada. NStQ Treaty Negotiations — Draft Appendices to the Agreement in Principle — July 2, 2015 Page 185 of 253
c. the Provincial Expropriating Authority has confirmed that the proposed
expropriation is of the smallest Interest in NStQ Treaty Settlement Lands
necessary and is for the shortest time required;
d. information relevant to the expropriation, other than documents that would
be protected from disclosure under Provincial Law, has been provided to
NStQ, including the report referred to in paragraph 4; and
e. where NStQ has objected to the expropriation, reasonable efforts have
been made to resolve the objection.
7. The Lieutenant Governor in Council will not consent to the expropriation before the
end of the period provided for in paragraph 5.
8. Notwithstanding paragraphs 3 to 7, the Lieutenant Governor in Council may consent
to the expropriation if the Minister or Lieutenant Governor in Council has declared a
state of emergency.
COMPENSATION
9. In the event an Interest in NStQ Treaty Settlement Lands is expropriated by a
Provincial Expropriating Authority, the Provincial Expropriating Authority will provide
compensation in accordance with the Final Agreement.
10.The total value of compensation for an expropriated Interest in NStQ Treaty
Settlement Lands will be based on the criteria used in the Expropriation Act and will
take into account the following factors:
a. the market value of the land based on its use at the date of expropriation
plus reasonable damages;
b. the market value of the land based on its highest and best use at the date
of expropriation;
c. the value of a special economic advantage to the owner arising out of his
or her occupation or use of the land; and
d. the value of improvements made by an owner occupying a residence
located on the land.
11.Where the Provincial Expropriating Authority and NStQ disagree on the total value of
compensation for the expropriated Interest held by NStQ, a dispute under this
section will be finally determined by arbitration. A dispute under this section will not
delay the expropriation. For the purpose of this section, British Columbia will act on
This AIP is not legally binding and has not been signed by the Parties. Hard copies are available to the public upon request to British Columbia or Canada. NStQ Treaty Negotiations — Draft Appendices to the Agreement in Principle — July 2, 2015 Page 186 of 253
behalf of the Provincial Expropriating Authority on such terms as British Columbia
and the Provincial Expropriating Authority may agree.
EXPROPRIATION OF LESS THAN FEE SIMPLE ESTATE
12.Where less than a fee simple estate in a parcel of NStQ Treaty Settlement Lands is
expropriated by a Provincial Expropriating Authority:
a. the parcel of land retains its status as NStQ Treaty Settlement Lands;
b. NStQ may continue to use and occupy the parcel of land, except to the
extent that such use or occupation interferes with the use of land for which
the expropriation took place; and
c. NStQ Law applies to the parcel of land, except to the extent that NStQ
Law is inconsistent with the use of land for which the expropriation took
place.
13.Paragraphs 14 through 22 do not apply to an expropriation by a Provincial
Expropriating Authority of less than the fee simple estate in a parcel of NStQ Treaty
Settlement Lands.
EXPROPRIATION OF A FEE SIMPLE ESTATE
14.Where a fee simple estate in NStQ Treaty Settlement Lands is expropriated by a
Provincial Expropriating Authority:
a. the expropriation will include the fee simple estate to the Subsurface
Resources which will revert to British Columbia at the time of expropriation
unless British Columbia and NStQ agree otherwise;
b. unless the Provincial Expropriating Authority and NStQ agree otherwise,
the expropriation will include all other Interests in the land; and
c. those lands will no longer be NStQ Treaty Settlement Lands and Appendix
B will be deemed to amended in accordance with the amendment process
set out in paragraph 2.14.11 of the General Provisions Chapter.
15.For the purposes of paragraph 14:
a. the Provincial Expropriating Authority will be responsible for the
transaction costs including the cost of surveying, registering and
transferring the land; and
This AIP is not legally binding and has not been signed by the Parties. Hard copies are available to the public upon request to British Columbia or Canada. NStQ Treaty Negotiations — Draft Appendices to the Agreement in Principle — July 2, 2015 Page 187 of 253
b. where the land is registered in the Land Title Office, British Columbia will
file such certificates or other documents in the Land Title Office as may be
required under the Land Title Act.
Originally Posted by HappyJack
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