The Land Acquisition Act

The Land Acquisition Act, C.C.S.M. c. L40 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Buildings and improvements on Crown lands PART I LAND ACQUISITION BRANCH 3 Continuation of Land Acquisition Branch 4 Power to acquire land 5 Officers and employees 6 Fee simple acquired under this Act 7 Notice of land required 8 Acquisition of land 9 Acquisition costs 10 Obtaining possession 11 Advance on purchase price 12 Authority to sell buildings and improvements PART II LAND VALUE APPRAISAL COMMISSION 13 Commission continued 14 Application to commission 15 Annual report of commission 16 Costs PART III GENERAL 17 Authority to minister to delegate powers HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "acquisition costs" means the consideration or compensation paid for acquisition of land, or on the expropriation of land, or the value thereof other than the value of any service or benefit that accrues to, passes to, or is provided to the persons from whom the land is acquired at the expense of the authority for which the land is required, or as a result of the use or development of the land by the authority, and includes the cost of any surveys or appraisals made in respect of the acquisition for or in respect of which a fee is paid, and the legal costs of the authority in respect of the acquisition or the expropriation; (« frais d'acquisition ») "agency of the government" means any board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, (a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or (b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or, for the proper discharge of their duties are, directly or indirectly, responsible to the Crown, but does not include Manitoba Agricultural Services Corporation or The Manitoba Development Corporation or a utility; (« organisme gouvernemental ») "authority" means the government or (a) a member of the Executive Council, or (b) a department, branch, or division of the executive government of Manitoba, or an officer of, or employee in, any such department, branch, or division, or (c) an agency of the government or the board of management or board of directors thereof or an officer or employee of an agency of the government, that or who has powers to acquire land by any means for the purpose of the government or the agency of the government; (« autorité ») "branch" means The Land Acquisition Branch; (« direction ») "commission" means The Land Value Appraisal Commission; (« commission ») "director" means the Director of The Land Acquisition Branch; (« directeur ») "interest in land" means (a) any estate in land less than an estate in fee simple, and (b) any interest, right, easement, or right-of-way, in, to, or over, land other than the interest of the owner of an estate in fee simple; (« intérêt afférent à un bien-fonds ») "land" includes any buildings, improvements, and fixtures on the land and an interest in land; (« biens-fonds ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "paid by an authority" includes payment from and out of, or charging against, moneys appropriated by an Act of the Legislature to be paid and applied for the purposes of the authority or for the purposes, or similar purposes, for which the land, in respect of which the payment is being made, is required; (« payé par une autorité ») "paid to an authority" includes crediting to funds or accounts the moneys in which have been appropriated by an Act of the Legislature to be paid and applied for the purposes of the authority or for the purposes, or similar purposes, for which the land in respect of which the payment is made, was required; (« payé à une autorité ») "utility" means The Manitoba Hydro-Electric Board. (« services publics ») S.M. 1996, c. 79, s. 33 ; S.M. 2005, c. 28, s. 82 . Buildings and improvements on Crown lands 2 Where there are, on Crown lands, buildings, improvements or fixtures that are not the property of the Crown, they shall be conclusively deemed to be land for the purposes of this Act and the provisions of this Act apply to them as though they were land and any Act of the Legislature that authorizes the acquisition of land by or on behalf of the government authorizes the acquisition of such buildings, improvements or fixtures. PART I LAND ACQUISITION BRANCH Continuation of Land Acquisition Branch 3(1) "The Land Acquisition Branch" which is under the control and direction of the minister is hereby continued in such department of the executive government as the Lieutenant Governor in Council directs. Duties and functions 3(2) The minister, through the branch, is in charge of all matters relating to the acquisition of land or to the expropriation of land by any authority. Specific duties and functions 3(3) Without limiting the generality of subsection (2), the minister shall, through the branch, (a) conduct all negotiations relating to the purchase or acquisition of land required by an authority; (b) conduct all proceedings relating to the expropriation of land required by an authority; (c) direct the payment of all money consideration or compensation for land acquired or expropriated through the branch and be responsible for assuring that any consideration or compensation that is not money is passed to the person from whom the land is acquired or expropriated; (d) upon request of an authority, provide land appraisal services and facilities to the authority; and (e) perform such other duties and functions as may be imposed upon, or given to, the minister under this Act or any other Act of the Legislature or by the Lieutenant Governor in Council. Costs 3(4) All costs incurred in the administration of The Land Acquisition Branch, other than acquisition costs, shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied. Power to acquire land 4(1) The Lieutenant Governor in Council may empower the minister to acquire, by purchase, lease, expropriation or otherwise, land specified by the Lieutenant Governor in Council for the purposes of any work or program constructed or carried on, or to be constructed or carried on, by the government, or for the purposes of the administration by the government of any Act of the Legislature; but nothing in this section reduces or infringes upon any power or right granted under any other Act of the Legislature to an authority to acquire land by any means. Powers of minister 4(2) Where the Lieutenant Governor in Council has authorized the minister to acquire land under subsection (1), the minister may acquire the land through the branch by purchase, lease, expropriation or otherwise. Officers and employees 5 A Director of The Land Acquisition Branch and such other officers and employees as may be deemed necessary for the purposes of this Act may be appointed under Part 3 of The Public Service Act. S.M. 2021, c. 11, s. 101 . Fee simple acquired under this Act 6(1) Where an authority requires any land, the land shall be acquired through the branch as provided in this Act; and, notwithstanding the provisions of any Act of the Legislature under which the authority is so authorized, the minister shall acquire the land through the branch. Expropriation under this Act 6(2) Where an authority requires land, notwithstanding the provisions of any Act of the Legislature under which the authority is authorized to acquire the land, any expropriation of the land shall be carried out by the minister, who may acquire the land for the authority by expropriation and The Expropriation Act applies thereto, mutatis mutandis. Notice of land required 7 Where an authority requires any land for any purpose or is required to expropriate any land, it shall notify the minister in writing setting out such information as the minister may require. Acquisition of land 8(1) Where the minister receives a notice or request under section 7, the minister shall acquire the land required by the authority by purchase, lease, or agreement, (a) in the name of the Crown; or (b) where the authority is authorized to acquire the land in its own name, upon request of the authority, in the name of the authority. Power of minister to expropriate 8(2) Where an authority requiring land for any purpose is authorized, under an Act of the Legislature, to acquire land for that purpose by expropriation, the minister may acquire the land for the authority for that purpose by expropriation and The Expropriation Act applies thereto, mutatis mutandis; and, for the purpose of that Act, the minister shall be conclusively deemed to be the minister charged with the construction and maintenance of the work, or with carrying out the purpose, for which the land or the interest in land is required. Acquisition of more than required 8(3) Where, by acquiring the whole of any parcel of land of which a part only is required by an authority, or by acquiring the estate in fee simple in land in which an interest only is required by an authority, or by acquiring a greater interest in land in which a lesser interest only is required by an authority, the land or the interest in the land can be acquired, in the opinion of the minister, at a more reasonable price or to the greater advantage of the Crown or the authority, or with less interference with the rights of, or less inconvenience to, the owner, than by acquiring the part only or the lesser interest in the land only, the minister, with the consent of the authority, may acquire the whole of the parcel or the greater interest in the land, and may for the purposes of the use of the land by the authority separate the part, or the interest in the land, not required from the part or the interest required. Land required by more than one authority 8(4) Where an authority requires land or an interest in land, the possession, ownership, control, or management of which, or of part of which, is in another authority, or where two or more authorities require the same land, or the same interest in land, the minister shall decide (a) whether the land can be used jointly by the authorities concerned; or (b) whether one authority should have priority in respect of the use of the land over other authorities concerned; or (c) whether the possession, ownership, control, or management of the land should be given to one authority to the exclusion of other authorities concerned; and the decision of the minister in respect thereto is binding on the authorities; but the decision may be reviewed and varied by the minister at any time. Acquisition costs 9(1) Where land is acquired under this Act for an authority, the acquisition costs shall be charged to, and, on the order of the minister, paid by, the authority for which it is acquired. Costs of excess land 9(2) Where land, or an interest in land, not required by an authority is acquired by the minister under subsection 8(3), the acquisition costs of acquiring the excess land or the greater interest in land shall be charged against and paid by the authority requiring the part of the land, or the lesser interest in the land; but (a) if the part, or any interest in the land, not required by the authority, or any part thereof, is subsequently disposed of, any money realized in respect of the disposal shall be paid to the authority; and (b) if the part, or the interest in the land, not required by the authority, or any part thereof, is subsequently used by another authority, the minister shall charge to that other authority the value, in the minister's opinion, of the part, or the interest, so used, and that amount shall be paid by that other authority to the authority first-mentioned. Apportionment of costs among authorities 9(3) Where land is acquired under this Act for more than one authority, the minister shall apportion the acquisition costs among the authorities for whom the land is acquired; and the decision of the minister with respect thereto is final and binding on the authorities. Apportionment of value of land already held 9(4) Where, under subsection 8(4), the minister decides (a) that land, the possession, ownership, control, or management of which is in an authority, should be used jointly by the authorities concerned; or (b) that an authority should have priority in the use of the land, the possession, ownership, control, or management of which is in another authority, over that other authority; or (c) that possession, control, or management, of land, the possession, ownership, control, or management of which is in an authority, should be given to another authority, to the exclusion of the first mentioned authority; or (d) to vary any previous decision made under that subsection; the minister shall, in the minister's absolute discretion, place a value on any land, the joint use of any land, or any interest in land, or any priority of use, affected by the decision, and shall order that the amounts determined by the minister shall be paid by the authority gaining the use of the land or the interest in the land or the possession, control, or management thereof, to any authority that has given up any use or the possession, control, or administration, thereof. Obtaining possession 10(1) The minister, through the branch, may exercise any power or right under The Expropriation Act to obtain possession or use of any land acquired for an authority under this Act. Possession to be given to authority 10(2) Subject to subsection 8(4), where land is acquired under this Act for an authority, possession, control, and management thereof shall be given to the authority on the order of the director. Possession of excess land 10(3) Where land acquired under this Act for an authority the possession, control, and administration of which has not been given to the authority, is not required by the authority, or where land or an interest in land that is not required by an authority is acquired under subsection 8(3), possession, control, and management thereof may be given, on the order of the director, to the minister appointed by the Lieutenant Governor in Council to administer The Crown Lands Act , to be dealt with under that Act. S.M. 2000, c. 35, s. 54 . Advance on purchase price 11(1) Where land is acquired through the branch, and the owner thereof has executed, in a form satisfactory to the director, an agreement to sell the land where the interest in land to the Crown, or an authority, and the agreement, or a caveat based thereon, as the case may be, has been registered or filed in the proper Land Titles Office, the director may direct the authority for whom the land, or the interest in land is acquired, to pay the owner (a) if the agreement provides for the purchase price to be ascertained on the basis of a price per unit of area, and the area has not been finally ascertained, and if the estimated purchase price is $2,500. or less, an amount not exceeding the estimated purchase price; (b) if the agreement provides for the purchase price to be ascertained on the basis of a price per unit of area, and the area has not been finally ascertained, and if the estimated purchase price is more than $2,500., an amount not exceeding the total of $2,500. and 80% of that part of the estimated purchase price that exceeds $2,500.; or (c) if the agreement provides for a fixed purchase price, an amount not exceeding the purchase price. Agreement for excess acreage 11(2) Where an agreement to sell farm land, or land outside a city, town or village and outside a plan of subdivision or plan of survey, to an authority fixes a purchase price for the land, the agreement may provide that, if a final survey of the land acquired by the authority indicates that the land acquired exceeds by 5% the amount on the basis of which the purchase price for the land was fixed, an adjustment shall be made on an agreed price per unit of area; and the authority is bound by such provision in the agreement. Authority to sell buildings and improvements 12(1) Where there are buildings or improvements on land acquired through the branch and the authority, or the chief officer of the authority for which the land is acquired certifies that the buildings or improvements are not required by the authority, notwithstanding any other Act of the Legislature, the minister, through the branch, may sell, exchange, convey, or otherwise dispose of or turn to account, by tender, or public auction, the buildings or improvements. Where government is authority 12(2) Where the authority for which the land is acquired is the government, the member of the Executive Council charged with the administration of the program or project for which the land is required may give a certificate for the purposes of subsection (1). Required authorization 12(3) The authorization requirements set out in sections 6.3 and 6.5 of The Crown Lands Act apply, with necessary changes, to any sale, exchange, conveyance or disposition under subsection (1). S.M. 2021, c. 17, s. 24 . PART II LAND VALUE APPRAISAL COMMISSION Commission continued 13(1) "The Land Value Appraisal Commission", consisting of not more than six members and not fewer than three members appointed by the Lieutenant Governor in Council, one of whom shall be designated by the Lieutenant Governor in Council as chairperson of the commission and one as vice-chairperson of the commission, is hereby continued. Absence of chairperson and vice-chairperson 13(2) Where neither the chairperson nor the vice-chairperson are present at a meeting of the commission or of a panel of the commission, the members present may appoint one of the members present to preside at the meeting. Term of members 13(3) Each member of the commission shall hold office for such term as may be fixed by the Lieutenant Governor in Council, and thereafter until the member's successor is appointed. Remuneration 13(4) Each member of the commission shall be paid such remuneration for the member's services as may be fixed by the Lieutenant Governor in Council, and, in addition, may be paid such travelling and out-of-pocket expenses necessarily incurred by the member in discharging their duties as a member of the commission as may be approved by the Minister of Finance. Duties 13(5) The commission shall have such duties and functions as are conferred or charged on it under this Act or any other Act of the Legislature. Powers of commissioners 13(6) Subject to subsection (7), for the purpose of carrying out its duties and functions, the commission has the like protection and powers, and is subject to like requirements, as are conferred on, or required of, commissioners appointed under Part V of The Manitoba Evidence Act . Application of sections 93 and 86 of Manitoba Evidence Act 13(7) Section 93 of The Manitoba Evidence Act does not apply to the commission, and no notice of appointment, of the purpose and scope of an inquiry that is to be made by the commission, or of the time and place of holding the first meeting of the commission, need be published as required under section 86 of that Act. Commission may be divided into panels 13(8) The commission may, at the direction of its chairperson, be divided into two panels, each of which may sit separately; and the chairperson shall be a member of one panel and the vice-chairperson shall be a member of the other panel, but the absence of the chairperson or the vice-chairperson from the sitting of a panel does not affect the validity of any act or thing done at the sitting as long as there is a quorum at the sitting. Decision of panel 13(9) A decision of a panel of the commission at which a quorum is present is a decision of the commission. Quorum 13(10) Three members constitute a quorum for a sitting of the commission and two members constitute a quorum for a sitting of a panel of the commission. Public hearings 13(11) All hearings of the commission shall be public; and any party to a matter before the commission may be represented by counsel and may call witnesses, submit evidence, and present argument. Rules of procedure 13(12) The commission may make rules governing its procedure. Application to commission 14(1) Upon the application of the owner of land being acquired by the minister under this Act, or by a utility, or (a) where land is being acquired under this Act, upon the application of the authority for whom it is being acquired or of the director; or (b) where land is being acquired by a utility, upon the application of the utility; the commission shall determine and certify an amount which, in its opinion, represents due compensation in respect of the acquisition. Effect of certification 14(2) The certification of compensation does not obligate the owner to accept the amount so certified as compensation in respect of the acquisition nor does it bind a judge arbitrating a claim for compensation on the expropriation of the land under The Expropriation Act . Minister, authority and utility bound by certification 14(3) Where the compensation in respect of any acquisition of land is certified under subsection (1), except where compensation in respect thereto is awarded under The Expropriation Act , the minister, the authority concerned, or the utility concerned, shall not pay as compensation in respect of the acquisition an amount other than the amount so certified. Variation of certificate 14(4) Where the compensation in respect of any acquisition of land has been certified under subsection (1), the commission, upon application of the owner of the land or of the authority or utility acquiring the land, and upon being satisfied on fresh evidence that it should vary its certificate, may vary the certificate of compensation in respect of the acquisition of the land. Commission may award costs 14(5) In certifying due compensation in respect of an acquisition of land, the commission may include in due compensation an amount for the costs incurred by the owner in appearing before, submitting evidence to and presenting argument to the commission including expenses incurred by the owner for the purpose of preparing and presenting the owner's case before the commission. Meaning of "due compensation" 14(6) Subject to subsection (5), for the purposes of this section, "due compensation" in respect of an acquisition of land (a) where the authority acquiring the land has commenced proceedings to expropriate the land, means the amount which, in the opinion of the commission, would be awarded under The Expropriation Act to the owner of the land as due compensation for the expropriation of the land; and (b) where the authority has not commenced proceedings to expropriate the land, means the amount that, in the opinion of the commission, would be fair compensation to the owner for the sale of the land. Annual report of commission 15 The commission shall prepare and submit to the minister an annual report on applications and matters dealt with by the commission; and, upon receiving the report, the minister shall, if the Legislature is then in session, lay it before the Legislature forthwith, and, if the Legislature is not then in session, lay it before the Legislature within 15 days after the commencement of the next session. Costs 16 All costs incurred in carrying out the duties and functions of the commission, including the remuneration and expenses of the members of the commission, shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied. PART III GENERAL Authority to minister to delegate powers 17(1) Where, under this Act or The Expropriation Act, power or authority is granted to, or vested in, the minister or the director, to enter into any agreement, to execute or approve any transfer, deed, conveyance, lease, caveat, agreement or other document, or any assignment, withdrawal, or discharge thereof, or to take any proceeding or action, or to do or perform any act or deed, the minister may, by written authorization approved by the Lieutenant Governor in Council, delegate that power or authority to any other person employed under the minister by the government, subject to such limitations, restrictions, conditions, and requirements as the minister may impose and as are set out in the written authorization. Limitation to be observed in exercising delegated powers 17(2) In exercising any power or authority delegated to the person under subsection (1), the person to whom it is delegated is bound by, and shall observe and conform to, any limitations, restrictions, conditions, and requirements, so imposed by the minister or to which the minister, or the director, as the case may be, is subject in exercising the power or authority granted to, or vested in the minister or director.