A provincial state of emergency remains in effect due to numerous wildfires.
For wildfire related information, call the 24-hour info line at 310-4455 (available in 200+ languages) or visit alberta.ca/emergency.
A provincial state of emergency remains in effect due to numerous wildfires.
For wildfire related information, call the 24-hour info line at 310-4455 (available in 200+ languages) or visit alberta.ca/emergency.
If parties are unable to reach an agreement, the Land and Property Rights Tribunal may hold a hearing to resolve the dispute.
If parties are unable to reach an agreement through mediation, the Tribunal may hold a hearing to resolve the dispute. Oral hearings are conducted by a panel of Tribunal members assigned by the chair of the Tribunal and are open to the public.
During the oral hearing, each side is given the opportunity to present evidence supporting their position and to rebut the other side’s evidence. This process somewhat resembles court proceedings, but Tribunal hearings are not as formal.
To help everyone understand their roles in the hearing process, the panel chair will outline the format for the hearing and the responsibilities of the parties.
The Tribunal chooses the time, date and location for the hearing. Factors considered may include the:
A Notice of Hearing is mailed to all individuals considered a party to the proceeding. Expert reports, evidence and other documents must be provided to the other party and to the Tribunal at least 14 days prior to the hearing in accordance with Rule 9 of the Expropriation Act Rules of Procedure and Practice (PDF, 180 KB).
For information regarding a Summons to a Witness see the Expropriation Act and the Expropriation Act Rules of Procedure and Practice (PDF, 180 KB).
The claimant and the respondent makes opening statements, briefly outlining their case and the main issues.
The claimant outlines their position in more detail and calls any witnesses they may have (including the claimant themselves) to give testimony.
The respondent outlines their position in more detail and calls any witnesses they may have (including the respondent themselves) to give testimony.
The claimant sums up their position and gives an oral argument.
The respondent sums up their position and gives an oral argument.
The parties may request leave from the Tribunal at the hearing to have costs and interest determined by the Tribunal, pursuant to the Expropriation Act, at a separate costs hearing.
The expropriating authority must pay the owner’s reasonable legal, appraisal and other costs.
The Tribunal may also reduce or deny costs where it determines “special circumstances” exist.
The owner may obtain legal advice as to whether to accept the proposed payment in full settlement of compensation, and the expropriating authority shall pay the owner’s reasonable legal costs for the advice (see the Expropriation Act).
After the hearing, the Tribunal's written order, with reasons, is mailed to all parties.
The Tribunal will refer to the Expropriation Act when determining compensation. The principles of compensation are set out in the Act, which includes:
The Act also outlines many factors that the Tribunal may not take into account.
Panels make decisions on issues based on the evidence presented by the parties at the hearing to support each party’s claim. Evidence may be provided through oral testimony, an affidavit, or a written report.
Evidence permitted to be introduced at a hearing includes, but is not limited to:
Parties may appeal an order or determination of the Tribunal to the Alberta Court of Appeal, except when it is carrying out the functions of an inquiry officer.
An appeal may be made on questions of law or fact, or both. The Court of Appeal may refer any matter back to the Tribunal or make any order that the Tribunal has the power to make.
Connect with the Land and Property Rights Tribunal:
Hours: 8:15 am to 4:30 pm (closed 12 pm to 1 pm, open Monday to Friday, closed statutory holidays)
Phone: 780-427-2444
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-427-0986
Email: [email protected]
Address:
Land and Property Rights Tribunal
2nd Floor, Summerside Business Centre
1229 91 Street SW
Edmonton, Alberta T6X 1E9
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