Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Marginal note:Determinations regarding compensation

• 327 (1) If a company and an owner of lands have not agreed on any matter relating to the compensation payable under this Part, the Commission, on application by a company or any owner, must, by order, determine that matter.

• Marginal note:Factors to consider

  (2) In determining any matter under subsection (1) for the acquisition or lease of lands, the Commission must consider the following factors:

  • (a) the market value of the lands taken by the company;

  • (b) if periodic payments are being made under an agreement or an order of the Commission, changes in the market value referred to in paragraph (a) since the agreement or order of the Commission or since the last review and adjustment of those payments, as the case may be;

  • (c) the loss of use to the owner of the lands taken by the company or whose use is otherwise restricted by the operation of section 335;

  • (d) the adverse effect of the taking of the lands by the company on the remaining lands of an owner, including by restricting their use by the operation of section 335;

  • (e) the nuisance, inconvenience and noise that may reasonably be expected to be caused by or arise from or in connection with the operations of the company;

  • (f) the damage to lands in the area of the lands taken by the company that might reasonably be expected to be caused by the operations of the company;

  • (g) loss of or damage to livestock or other personal property or movable affected by the operations of the company;

  • (h) any special difficulties in relocation of an owner or their property;

  • (i) any other factors that the Commission considers appropriate in the circumstances; and

  • (j) other prescribed factors that are prescribed under paragraph 333(e).

• Marginal note:Definition of market value

  (3) For the purpose of paragraph (2)(a), market value is the amount that would have been paid for the lands if, at the time of their taking, they had been sold in the open market by a willing seller to a willing buyer.