Expropriation Act (R.S.C., 1985, c. E-21)

Act current to 2017-11-20 and last amended on 2011-11-29. Previous Versions

Marginal note:Right of Crown to physical possession
  •  (1) Despite section 15, the Crown becomes entitled to take physical possession or make use of any land to which a notice of confirmation relates, to the extent of the expropriated interest or right, only at such of the following times as is applicable:

    • (a) at the time of the registration of the notice of confirmation, if at that time no other person who was the owner or holder of an interest or right in the land immediately before the registration of the notice of confirmation is in occupation of the land;

    • (b) at such time, if any, after the registration of the notice of confirmation as physical possession or use of the land to the extent of the expropriated interest or right is given up to the Crown without any notice under paragraph (c) having been sent to the persons described in that paragraph; or

    • (c) in any other case, at any time after the registration of the notice of confirmation that

      • (i) the Minister has sent a notice to each of the persons appearing to have had any estate, interest or right in the land at the time of the registration of the notice of confirmation, so far as the Attorney General of Canada has been able to ascertain them, or, if an application has been made under section 18 and has been finally disposed of, to each of the persons adjudged to have had an estate, interest or right in the land immediately before the registration of the notice of confirmation, that physical possession or use is required by the Crown on and after the expiration of any period that is specified in the notice, being not less than 90 days after the day on which the notice is sent to each of those persons, and either that period has expired or physical possession or use has been given up to the Crown before the expiration of that period, and

      • (ii) the Minister has made an offer under section 16 to each of the persons then entitled to compensation under this Part in respect of an expropriated interest or right.

  • Marginal note:If possession by Crown urgently required

    (2) If, at any time before or after a notice of confirmation has been registered, the Governor in Council is of the opinion that the physical possession or use by the Crown of the land to which the notice relates to the extent of the expropriated interest or right or interest or right intended to be expropriated is, by reason of special circumstances, urgently required, the Governor in Council may direct

    • (a) that there be substituted for the 90 days referred to in paragraph (1)(c) any lesser number of days that in his or her opinion the circumstances require; or

    • (b) if an application has been made under section 18 but has not been finally disposed of, that physical possession or use may be taken or made by the Crown despite the fact that no offer has then been made under section 16.

  • R.S., 1985, c. E-21, s. 19;
  • 2011, c. 21, s. 139.
Marginal note:Intention to abandon expropriation — right of election to accept or reject abandonment
  •  (1) If, at any time before any compensation is paid in respect of an expropriated interest or right, the Minister is of the opinion that the interest or right is not or is no longer required by the Crown for a public work or other public purpose, or that a more limited interest or right only is so required, the Minister may give notice that he or she intends to abandon the interest or right or the remainder of the interest or rights, as the case may be, by causing a copy of the notice to be sent to each of the persons mentioned in paragraph 19(1)(c), each of whom may, within 30 days after the day a copy of the notice was sent to them, serve on the Minister a notice in writing that they elect to

    • (a) accept the abandonment, and have the interest or right or the remainder of the interest or rights revest in them to the extent that the abandonment would operate so that the interest or right or the remainder would revest in them; or

    • (b) reject the abandonment.

  • Marginal note:If election to accept abandonment

    (2) If each of the persons to whom a notice is sent under subsection (1) serves a notice on the Minister under that subsection that they elect to accept the abandonment, the Minister may cause a notice of abandonment of the expropriated interest or right or the remainder of the interest or rights, as the case may be, to be sent to each of those persons and to the Attorney General of Canada, who shall immediately confirm the abandonment by causing the notice to be registered in the office of the registrar where the notice of confirmation was registered.

  • R.S., 1985, c. E-21, s. 20;
  • 2011, c. 21, s. 139.
Marginal note:Effect of confirmation of abandonment

 If an expropriated interest or right or the remainder of the interest in land or immovable real rights is confirmed to be abandoned, the expropriated interest or right then revests in the persons from whom it was taken or the persons entitled to claim on their behalf or under their direction, or the land revests in those persons subject to the more limited interest or right in the land retained by the Crown, as the case may be.

  • R.S., 1985, c. E-21, s. 21;
  • 2011, c. 21, s. 139.
Marginal note:Duties of registrar

 Every registrar shall receive and permanently preserve in their office any notices and plans that the Attorney General of Canada causes to be registered under this Part, and shall endorse on the notices and plans the day, hour and minute when they were received as the time of registration and make any entries in the records or registers that will make their registration public.

  • R.S., 1985, c. E-21, s. 22;
  • 2011, c. 21, s. 140(E).
Marginal note:Notice conclusive except against Crown

 Unless questioned by the Crown,

  • (a) a document purporting to be signed by the Minister shall be deemed to have been so signed;

  • (b) it shall be deemed that

    • (i) all of the interests or rights to which a notice of intention relates are,

    • (ii) a more limited interest or right only to which a notice of confirmation relates is, or

    • (iii) an interest or right stated in a notice of abandonment to be abandoned or the remainder of the interest or rights, as the case may be, is not or is no longer,

    in the opinion of the Minister required by the Crown for a public work or other public purpose; and

  • (c) it shall be deemed that, on being caused to be registered by the Attorney General of Canada in the office of the registrar where a notice of intention to expropriate an interest in land or immovable real right was registered, a document purporting to be a notice of confirmation of the intention to expropriate that interest or right or a more limited interest or right only in the land is a notice of confirmation of that intention then registered in accordance with this Part.

  • R.S., 1985, c. E-21, s. 23;
  • 2011, c. 21, s. 141.
Marginal note:Evidence of notice and registration

 A document purporting to be certified by a registrar to be a true copy of a notice or plan registered under this Part at a time stated in the certificate is, without proof of the official character or signature of the registrar, evidence of the facts stated therein and of the registration of the notice or plan at the time so stated.

  • R.S., c. 16(1st Supp.), s. 22.

Compensation

Marginal note:Right to compensation
  •  (1) Compensation is to be paid by the Crown to each person who, immediately before the registration of a notice of confirmation, was the owner or holder of an estate, interest or right in the land to which the notice relates, to the extent of their expropriated interest or right, the amount of which compensation is equal to the aggregate of

    • (a) the value of the expropriated interest or right at the time of its taking, and

    • (b) the amount of any decrease in value of the remaining property of the owner or holder, as determined under section 27.

  • Marginal note:Time as of which value to be determined

    (2) For the purposes of this section and sections 26 and 27, the time of the taking of an expropriated interest or right is,

    • (a) if an election is made under subsection (3) by the owner or holder of the interest or right, the time specified by the owner or holder in their election; and

    • (b) in any other case, the time when the notice of confirmation was registered.

  • Marginal note:Election to have the value of the interest or right determined

    (3) If no copy of a notice of confirmation was sent to a person whose name is set out in the report of the Attorney General of Canada referred to in subsection 5(2) or who served an objection on the Minister under section 9 until a time more than 90 days after the day on which the notice is registered, that person may, at any time before any compensation is paid to them in respect of any expropriated interest or right of which they were the owner or holder immediately before the registration of the notice of confirmation, elect to have the value of the interest or right determined, as specified by them in their election, at either

    • (a) the time when the notice of confirmation was registered; or

    • (b) the time when the copy of the notice of confirmation was sent to them.

  • R.S., 1985, c. E-21, s. 25;
  • 2011, c. 21, s. 142.
 
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