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

Act current to 2017-10-13 and last amended on 2011-11-29. Previous Versions

Marginal note:Character of compensation
  •  (1) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of an expropriated interest or right stands in lieu of the interest or right.

  • Marginal note:Effect of payment in case of security interest or real security

    (2) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of a security interest or real security described in subsection 26(10) is, for all purposes as between the owner or holder of the interest or right, subject to the security interest or real security and the owner or holder of the security interest or real security, to be deemed to discharge any liability, under the terms of the security, of the owner or holder of the interest or right, subject to the security interest or real security, to the extent of the compensation so agreed or adjudged to be payable, and, if any amount or proportion of any amount described in subparagraph 26(10)(b)(ii) is included in the compensation, to be in full satisfaction of any notice or bonus required under the terms of the security in respect of its prepayment resulting from the expropriation.

  • R.S., 1985, c. E-21, s. 33;
  • 2011, c. 21, s. 147.
Marginal note:Crown in position of purchaser

 If any compensation in respect of an expropriated interest or right has been paid to a person of whose right to claim compensation the Crown had notice at the time of payment, no compensation is payable to another person, whether that other person’s interest or right is derived from the person to whom compensation has been paid or otherwise, if under the law of the province in which the land is situated the interest or right giving rise to the claim to compensation of that other person would have been void or, in Quebec, null or unenforceable against the Crown had the Crown, at the time the notice of intention was registered, been a purchaser of the expropriated interest or right.

  • R.S., 1985, c. E-21, s. 34;
  • 2011, c. 21, s. 147.
Marginal note:Set-off and recovery of excess compensation

 If any compensation has been paid to a person in respect of an expropriated interest or right pursuant to an offer made to them under section 16, the amount so paid to that person is to be deducted from the amount of the compensation adjudged by the Court under this Part to be payable to them in respect of that interest or right, and when the paid amount exceeds the amount so adjudged to be payable, the excess constitutes a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction.

  • R.S., 1985, c. E-21, s. 35;
  • 2011, c. 21, s. 147.
Marginal note:Exception
  •  (1) Notwithstanding any other provision of this Act, any dispute as to the compensation payable in respect of an expropriated interest in land described in subsection 4(4) or (5) may be heard and determined only by the Yukon Surface Rights Board under and in accordance with the Yukon Surface Rights Board Act.

  • Marginal note:Provisions applicable

    (2) Subsection 16(2) and sections 33, 35 and 36 apply, with such modifications as the circumstances require, in respect of compensation determined by the Yukon Surface Rights Board as if that compensation were compensation adjudged by the Court.

  • 1994, c. 43, s. 86.

Interest

Marginal note:Definitions
  •  (1) In this section,

    basic rate

    taux de base

    basic rate means a rate determined in the manner prescribed by any order made from time to time by the Governor in Council for the purposes of this section, being not less than the average yield, determined in the manner prescribed by that order, from Government of Canada treasury bills; (taux de base)

    compensation

    indemnité

    compensation means the amount adjudged by the Court under this Part to be payable in respect of an expropriated interest or right; (indemnité)

    date of possession

    date de la possession

    date of possession means the day on which the Crown became entitled to take physical possession or make use of the land to which a notice of confirmation relates; (date de la possession)

    date of the offer

    date de l’offre

    date of the offer means the day on which an offer was accepted; (date de l’offre)

    offer

    offre

    offer means an offer under section 16. (offre)

  • Marginal note:Interest payable by Crown

    (2) Interest is payable by the Crown at the basic rate on the compensation, from the date of possession to the date judgment is given, except where an offer has been accepted.

  • Marginal note:Interest payable where offer accepted

    (3) Where an offer has been accepted, interest is payable by the Crown from the date of the offer to the date judgment is given,

    • (a) at the basic rate on the amount by which the compensation exceeds the amount of the offer, and

    • (b) in addition, at the rate of five per cent per annum on the compensation, if the amount of the offer is less than ninety per cent of the compensation,

    and where an offer has been accepted after the date of possession, interest is payable at the basic rate on the compensation, from the date of possession to the date of the offer.

  • Marginal note:Additional interest where delay in offer

    (4) Where an offer is not made until after the expiration of the applicable period described in paragraph 16(1)(b) for the making of the offer, interest, in addition to any interest payable under subsection (2) or (3), is payable by the Crown at the rate of five per cent per annum on the compensation, from the expiration of that period to the day on which an offer is made.

  • Marginal note:Discretion of Court where delay

    (5) Where the Court is of opinion that any delay in the final determination of the compensation is attributable in whole or in part to any person entitled thereto, or that the person has failed to deliver up possession within a reasonable time after demand, the Court may, for the whole or any part of any period for which he would otherwise be entitled to interest, refuse to allow him interest, except that the Court shall not so refuse by reason only that an offer made to him was not accepted.

  • R.S., 1985, c. E-21, s. 36;
  • 2011, c. 21, s. 148.

Entry and Possession

Marginal note:Entry for inspection appraisal
  •  (1) If a notice of intention has been registered, any person authorized in writing in that behalf by the Minister may, at any reasonable time on notice to a person in occupation of the land to which the notice relates, enter on the land for the purpose of making any inspection of the land that they are authorized by this Part to make, or for the purpose of making an appraisal of the value of the land or any interest in land or immovable real right.

  • Marginal note:Prevention, etc., of entry

    (2) Every one who, without lawful excuse, prevents any person from or obstructs or hinders any person in doing any thing that that person is authorized by subsection (1) to do is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. E-21, s. 37;
  • 2011, c. 21, s. 149.
Marginal note:Warrant for possession
  •  (1) When the Minister, or a person acting for the Minister, is prevented from entering on or taking physical possession or making use of any land to the extent of any expropriated interest or right under this Part, a judge of the Court or any judge of a superior court of a province may, on proof of the expropriation and, when required, of the right of the Crown to take physical possession or make use of it, and after notice to show cause given in any manner and to any persons who shall be parties to the proceedings that the judge prescribes, issue a warrant in accordance with the form set out in the schedule to the appropriate sheriff directing that the Minister, or a person authorized to act for the Minister, be put in physical possession of the land to the extent of the expropriated interest or right.

  • Marginal note:Execution of warrant

    (2) The sheriff shall forthwith execute a warrant issued to him under this section and shall make return of the warrant to the court to which the judge who issued it belongs, and of the manner in which it was executed.

  • R.S., 1985, c. E-21, s. 38;
  • 2011, c. 21, s. 150.

Costs

Marginal note:Costs
  •  (1) Subject to subsection (2), the costs of and incident to any proceedings in the Court under this Part are in the discretion of the Court or, in the case of proceedings before a judge of the Court or a judge of the superior court of a province, in the discretion of the judge, and the Court or the judge may direct that the whole or any part of those costs be paid by the Crown or by any party to the proceedings.

  • Marginal note:Costs payable by the Crown

    (2) If the amount of the compensation adjudged under this Part to be payable to a party to any proceedings in the Court under sections 31 and 32 in respect of an expropriated interest or right does not exceed the total amount of any offer made under section 16 and any subsequent offer made to the party in respect of that interest or right before the commencement of the trial of the proceedings, the Court shall, unless it finds the amount of the compensation claimed by the party in the proceedings to have been unreasonable, direct that the whole of the party’s costs of and incident to the proceedings be paid by the Crown, and if the amount of the compensation so adjudged to be payable to the party exceeds that total amount, the Court shall direct that the whole of the party’s costs of and incident to the proceedings, determined by the Court on a solicitor and client basis, be paid by the Crown.

  • R.S., 1985, c. E-21, s. 39;
  • 2011, c. 21, s. 151.
 
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