Federal Law–Civil Law Harmonization Act, No. 3 (S.C. 2011, c. 21)
Full Document:
Assented to 2011-11-29
R.S., c. E-21Expropriation Act
127. (1) The definitions “expropriated interest”, “interest in land” and “owner” in section 2 of the Expropriation Act are repealed.
(2) The definitions “land” and “registrar” in section 2 of the Act are replaced by the following:
“land”
« bien-fonds »
“land” includes mines, buildings, structures, other things in the nature of fixtures and objects that are immovable within the meaning of Quebec civil law and also includes minerals whether precious or base, on, above or below the surface, but excludes minerals above the surface in Quebec;
“registrar”
« registrateur »
“registrar” means the officer with whom the titles relating to real property and immovables are registered or recorded.
(3) The definition enregistrer in section 2 of the French version of the Act is replaced by the following:
« enregistrer »
“register”
enregistrer S’entend notamment du fait d’inscrire, de produire ou de déposer.
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
“expropriated interest or right”
« droit ou intérêt exproprié »
“expropriated interest or right” means any estate, interest or right that has been lost, in whole or in part, by the registration of a notice of confirmation under Part I;
(5) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:
Marginal note:Interpretation
(2) For the purposes of this Act,
(a) an interest in land relates to any land in Canada elsewhere than in Quebec;
(b) an immovable real right relates to any land in Quebec and includes the right of a lessee of the land;
(c) an owner of an interest is a person who has a right, estate or interest in any land in Canada elsewhere than in Quebec; and
(d) a holder of a right is a person who has a right in any land in Quebec, including a lessee of the land.
128. Subsection 4(1) of the Act is replaced by the following:
Marginal note:Authority to expropriate
4. (1) Any interest in land or immovable real right, including any of the interests or rights mentioned in sections 7 and 7.1, that, in the opinion of the Minister, is required by the Crown for a public work or other public purpose may be expropriated by the Crown in accordance with the provisions of this Part.
Marginal note:1996, c. 10, s. 228
129. (1) Subsections 4.1(1) to (3) of the Act are replaced by the following:
Marginal note:Request by railway company to expropriate
4.1 (1) If a railway company, as defined in section 87 of the Canada Transportation Act, requires an interest in land or immovable real right for the purposes of its railway and has unsuccessfully attempted to purchase the interest or right, the railway company may request the Minister of Transport to have the Minister have the interest or right expropriated by the Crown in accordance with this Part.
Marginal note:Power of Minister
(2) The Minister shall have the interest in land or immovable real right expropriated by the Crown in accordance with this Part if
(a) the Minister of Transport is of the opinion that the interest or right is required by the railway company for its railway and recommends to the Governor in Council that it be expropriated in accordance with this Part; and
(b) the Governor in Council consents to the expropriation of the interest or right.
Marginal note:Deemed opinion
(3) If the Minister of Transport is of the opinion that the interest in land or immovable real right is required by the railway company for its railway, the Minister is deemed to be of the opinion that the interest or right is required by the Crown for a public work or other public purpose.
Marginal note:1996, c. 10, s. 228
(2) Subsection 4.1(6) of the French version of the Act is replaced by the following:
Marginal note:Garantie
(6) Le ministre peut exiger que la compagnie de chemin de fer fournisse une garantie, selon le montant et les autres modalités qu’il détermine, pour le paiement des frais payables en application du présent article.
Marginal note:1996, c. 10, s. 228
(3) Subsection 4.1(7) of the English version of the Act is replaced by the following:
Marginal note:Vesting
(7) For the purpose of this section, the reference to the Crown in section 15 shall be read as a reference to the railway company that made a request under subsection (1).
Marginal note:1996, c. 10, s. 228
(4) Subsection 4.1(8) of the Act is replaced by the following:
Marginal note:Restriction on alienation
(8) If an interest in land or immovable real right that was vested in the Crown before the expropriation is obtained by a railway company under section 15, the railway company may not alienate that interest or right except to transfer it to the Crown.
130. Sections 5 to 7 of the Act are replaced by the following:
Marginal note:Notice of intention to expropriate
5. (1) If, in the opinion of the Minister, any interest in land or immovable real right is required by the Crown for a public work or other public purpose, the Minister may request the Attorney General of Canada to register a notice of intention to expropriate the interest or right, signed by the Minister, setting out
(a) a description of the land;
(b) the nature of the interest or right intended to be expropriated and whether the interest or right is intended to be subject to any existing interest in land or immovable real right;
(c) an indication of the public work or other public purpose for which the interest or right is required; and
(d) a statement that it is intended that the interest or right be expropriated by the Crown.
Marginal note:Registration of notice
(2) On receiving from the Minister a request to register a notice of intention described in this section, the Attorney General of Canada shall cause the notice, together with a plan of the land to which the notice relates, to be registered in the office of the registrar for the county, district or registration division in which the land is situated, and, after causing any investigations and searches to be made respecting the state of the title to the land that appear to him or her to be necessary or desirable, the Attorney General of Canada shall provide the Minister with a report setting out the names and latest known addresses, if any, of the persons appearing to have any estate, interest or right in the land, so far as he or she has been able to ascertain them.
Marginal note:Further indication of public purpose
(3) If, in the opinion of the Minister, the interest or right to which a notice of intention described in this section relates is required by the Crown for a purpose related to the safety or security of Canada or a state allied or associated with Canada and it would not be in the public interest to indicate that purpose, a statement in the notice to the effect that the interest or right is required by the Crown for such a purpose is sufficient compliance with paragraph (1)(c) without any other indication.
Marginal note:Further indication of public purpose — additional information
(4) Subject to subsection (3), the Minister shall, for the purposes of sections 9 and 10 and to the extent that it appears to him or her practicable and in the public interest to do so, make available to any person on request any additional information that is available to the Minister with respect to the public work or other public purpose for which the interest or right to which a notice registered under this section relates is required by the Crown.
Marginal note:Error, etc., in notice or plan
6. (1) If a notice or plan registered under section 5 contains any omission, misstatement or erroneous description, a corrected notice or plan may be registered and will be deemed to relate back to the day the original notice or plan was registered.
Marginal note:Validity of notice — nature of the interest or right
(2) A notice registered under section 5 is not invalid by reason only that it does not set out the nature of the interest or right intended to be expropriated and, in that case, the interest or right intended to be expropriated includes all the interests in the land or immovable real rights to which the notice relates.
Marginal note:Validity of notice — existing interest in land or immovable real right
(3) A notice registered under section 5 is not invalid by reason only that it does not set out whether the interest or right intended to be expropriated is intended to be subject to an existing interest in land or immovable real right to which the notice relates, and, if it does not do so, the interest or right intended to be expropriated is not subject to that existing interest or right.
Marginal note:Provincial lands
(4) If it appears to the Attorney General of Canada that any land, interest in land or immovable real right to which a notice registered under section 5 relates belongs to Her Majesty in right of any province, he or she shall immediately cause the attorney general of the province to be notified of the registration and its particulars.
Marginal note:Nature of interests that may be set out in notice — provinces other than Quebec
7. In Canada elsewhere than in Quebec, a notice of intention may set out, as the nature of the interest intended to be expropriated, any estate or interest in land, including, without restricting the generality of the foregoing,
(a) an interest limited as to time or by condition or otherwise;
(b) an easement, profit or other servitude;
(c) any right to, over or in respect of land that might be conferred by the owner of the land, whether or not that right, if conferred by the owner, could be asserted against a subsequent owner of the land;
(d) any restriction on the use of land that might be assumed by covenant or other agreement, whether or not that restriction, if assumed by the owner of the land, could be asserted against a subsequent owner thereof; and
(e) the exclusive possession of land for a limited time or for a definite or indefinite period, subject to any conditions or limitations that may be specified in the notice.
Marginal note:Nature of rights that may be set out in notice — Quebec
7.1 In Quebec, a notice of intention may set out, as the nature of the right intended to be expropriated, any immovable real right.
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