THE WESTERN CANADIAN LUMBER WORKER - DURING LEGISLATIVE SESSION BERGER TO PRESENT BILL ON EXPROPRIATION NDP M.L.A. Tom Berger (Vancouver-Burrard) an- nounced recently that he will present a private member’s bill on expropriation at the present legislative session. “Our present expropriation laws—an antiquated collec- tion of 28 different statutes— clearly discriminate against the citizen whose land is ex- propriated. “I am placing this private member’s bill before the Leg- islature because it is high time this government recognized the hardship and _ suffering which burden an expropriated citizen. DELTA RESIDENTS “The fact that 37 Delta resi- dents near the Roberts Bank superport are suffering the inequities of our present ex- propriation laws is a matter of public concern to every citizen in this province. “This latest expropriation highlights the necessity for immediate reform of our ex- propriation laws in B.C.” Berger, a Vancouver law- yer and leadership candidate for the provincial NDP, said that his bill will place more emphasis on safeguarding and ‘protecting individuals who find themselves in the unhap- py situation of having their land expropriated. PRIVATE COMPANIES “It is not generally recog- nized that some of our present statutes give private com- panies the right to expropri- ate. For instance, the Gas Utilities Act gives to corpo- rations engaged in gas dis- tribution the power to ex- propriate property, without the necessity of even consult- ing the government. “Yet, ironically, B.C. Hy- dro, a publicly owned utility, must obtain approval of the Cabinet, by order-in-Council. B.C. HYDRO “One of the most extraordi- nary expropriation proce- dures is provided under the B.C. Hydro & Power Author- ity Act (1964),” Berger said. “Under this Act, if you don’t like the offer that B.C. Hydro has made, a valuator or Board of Valuators is ap- pointed by the government. The citizen involved has no say in the matter. “In fact B.C. Hydro follows the practice of keeping a list of valuators, and the Cabinet, as a matter of form, chooses the valuator, but the choice is limited to those appraisers whom B.C. Hydro finds ac- ceptable. “The 1964 Clyne Report, ig- nored by the government, re- commended some improve- ments in expropriation proce- dures, but didn’t really go far enough. IMPORTANT CHANGE “The most important change in recent thinking about ex- propriation laws is the 1967 Ontario Law Reform Com- mission Report on this sub- ject. The Ontario Report pro- TOM BERGER vides that the basic principle should be to cover all of the citizen’s losses resulting from expropriation.” Berger said that his bill would reflect the following principles: © Notice to the citizens con- cerned and an opportunity to make representations before expropriation takes place. e Arbitration by an inde- pendent tribunal at the in- stance of either party, if nego- tiations break down. © Provision for an appeal to the courts on points of law. e Assistance to the citizen with relocation allowances so that he may retain an ap- praiser or a lawyer, to ensure his compensation will not be eaten up in professional fees. e Provisions to require that the parties negotiate in good faith. © Abolition of expropriation powers of private corpora- tions. © Assistance in connection with relocation (a particular problem with farm property ~* in the Lower Mainland). © Concerning farm proper- ty, regard should be had to the fact that farms normally combine business and resi- dential use. AND ST. PIERRE DISCUSSES FISHING The following is the Hans- ard Report of Coast-Chilcotin Liberal M.P. Paul St. Pierre’s remarks on fishing in his riding. One or two hon. members have expressed an interest in fishing in my constituency. Fortunately I had an experi- ence recently that I think points up splendidly the value of compromise in human af- fairs. I was fishing for salmon and I caught a 14-incher, which by our system of meas- urement is an extremely large fish. Mr. Pringle: That is be- tween the eyes! Mr. St.- Pierre: Yes, be- tween the eyes. Unfortunate- ly I did not weigh it. My wife had a camera and took a black and white picture of it, and the negative alone weigh- ed seven pounds! I was men- tioning this to Jim Chambers, the head of the. fishermen’s union at Powell River, and he said, “What was the size of the fish, Paul?” I said, “T would estimate it at about 160 pounds — dressed, that is,’ Well, Jim said he had a big catch himself. He had been fishing just off Desola- tion Sound, near Refuge Cove, which was first mapped by Captain George Vancou- ver of the ship Discovery in 1792. Jim was fishing very deep and snagged something on the bottom. When he brought it up he found he had snagged the binnacle lamp from Captain George Vancouver’s ship Discovery. You can imagine his surprise, Mr. Speaker, when he found the candle in it was still burn- ing. Now, Jim Chambers and I are reasonable. Reasonable men. We compromised. I took 100. pounds off the fish and Jim put out the candle. February 10th is Voting Day T. €. 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