Cambie St.- The Legalities of Compensation

Jonathan Baker is a well-known Vancouver Lawyer and former City Councillor.

He writes:

"Dave,

I have been following your comments regarding compensation of the Cambie Street merchants.

Actually, the government is being more miserable than you give them credit for. The existing legislation gave them a right to compensation? However that right was taken away by various legislative amendments to the Vancouver Charter, the Local Government Act and the Community Charter.

Section 312 of the Local Government Act provides for compensation for injurious affection if a regional district injuriously affects property by the exercise of _any of its powers_. Section 33 of the /Community Charter/ does the same for actions by municipalities, and Section 541 of the Vancouver Charter applies to actions by the City of Vancouver.

However, the British Columbia Transit Act excludes the applicability of these provisions with respect to land affected by the planning, acquisition, construction, maintenance or operation of a rail transit system under the Transit Act, or in respect of any actions by a municipality that in any way relates to the rail transit system.

Relevant Legislation British Columbia Transit Act 8(7) Despite any other Act, section 33 of the /Community Charter,/ section 312 of the /Local Government Act/ and section 541 of the /Vancouver Charter/ do not apply in respect of land affected by the planning, acquisition, construction, maintenance or operation of a rail transit system under this Act or in respect of the exercise of any power of a municipality that in any way relates to the rail transit system.

Vancouver Charter Compensation for injurious affection *541.* Where real property is injuriously affected by the exercise on the part of the city of any of its powers, the city shall, unless it is otherwise provided in this or some other Act, make due compensation to the owner for any damage necessarily resulting therefrom beyond any advantage which the owner may derive from any work in connection with which the real property is so affected.

Local Government Act Compensation for expropriation and other actions *312* (2_) If a regional district_ (a) exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or _injuriously affects property by the exercise of any of its powers, /and/ _ _(b) exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the /Expropriation Act,/_ _compensation is payable for any loss or damages caused by the exercise of the power._ "