Compensation for Expropriation - Bill 43 - Miscellaneous Statutes Amendment Act

The Government of BC made the decision to not proceed with Section 32 of the 2008 Miscellaneous Statutes Amendment Act (Bill 43) which contained an amendment to the Law & Equity Act that would remove, or effectively remove, the right to compensation when rights on Crown land are expropriated.

When Bill 43 was introduced, AME BC and numerous other British Columbians voiced their concerns about the wide-reaching, serious implications that it would have for those in BC, as well the many unintended consequences. As a result, the BC government did not proceed with amending the Law and Equity Act. AME BC worked closely with allied business organizations including the Business Council of BC, the BC Chamber of Commerce, Coast Forest Lumber Association and the Council of Forest Industries. This is an example of how AME BC’s relationships with other sectors can serve mineral exploration goals.

Pat Bell, previous BC Minister of Agriculture and Lands, stated that the original intention of this amendment was to provide greater certainty for tenure holders around their right to compensation and to protect the public from unpredictable claims of compensation. It was also stated that the amendment would ensure that the Legislature is responsible for establishing a clear and fair framework for predicting and managing compensation and thereby increasing investor confidence in BC.

To view the full debate on this matter at electronic Hansard please visit www.leg.bc.ca/hansard/38th4th/H80515x.htm.

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