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

Full Document:  

Act current to 2022-06-20 and last amended on 2018-03-29. Previous Versions

PART IExpropriation (continued)

Acquisition and Abandonment of Land (continued)

Marginal note:Nature of rights that may be set out in notice — Quebec

 In Quebec, a notice of intention may set out, as the nature of the right intended to be expropriated, any immovable real right.

  • 2011, c. 21, s. 130

Marginal note:Sending of copies and publication of notice

  •  (1) If a notice of intention to expropriate an interest in land or immovable real right has been registered, the Minister shall cause a copy of the notice

    • (a) to be published in at least one issue of a publication, if any, in general circulation within the area in which the land is situated, within thirty days after the registration of the notice, and

    • (b) to be sent to each of the persons whose names are set out in the report of the Attorney General of Canada referred to in subsection 5(2), as soon as practicable after the registration of the notice,

    and forthwith after causing a copy thereof to be sent by registered mail to each of the persons referred to in paragraph (b), shall cause the notice to be published in the Canada Gazette.

  • Marginal note:When notice deemed given

    (2) A notice of intention shall be deemed to be given on the day on which it is published in the Canada Gazette under subsection (1), and where any notice so published contains an omission, mis-statement or erroneous description, a corrected notice may be published in the Canada Gazette, which shall be deemed to relate back to the day the original notice was published therein.

  • Marginal note:Statement regarding right to object

    (3) There shall be included in any notice or copy published or sent as described in subsection (1) a statement of the provisions of section 9 as that section applies to the intended expropriation of the interest or right to which the notice relates.

  • R.S., 1985, c. E-21, s. 8
  • 2011, c. 21, s. 131

Marginal note:Objections

 Any person who objects to the intended expropriation of an interest in land or immovable real right to which a notice of intention relates may, within 30 days after the day on which the notice is given, serve on the Minister an objection in writing stating the name and address of that person and indicating the nature of the objection, the grounds on which the objection is based and the nature of the interest of that person in the matter of the intended expropriation.

  • R.S., 1985, c. E-21, s. 9
  • 2011, c. 21, s. 132

Marginal note:Public hearing

  •  (1) Forthwith after the expiration of the period of thirty days referred to in section 9, the Minister shall, if the Minister has been served with an objection under that section, order that a public hearing be conducted with respect to the objection and any other objection to the intended expropriation that has been or may be served on the Minister.

  • Marginal note:Appointment of hearing officer

    (2) Where the Minister orders that a public hearing be conducted with respect to an objection or objections, the Minister shall immediately request the Attorney General of Canada to appoint a hearing officer to conduct the hearing and the Attorney General of Canada shall thereupon appoint a suitable person, who is not a person employed in the public service as defined in subsection 3(1) of the Public Service Superannuation Act, to be a hearing officer for that purpose.

  • Marginal note:Remuneration and expenses

    (3) A hearing officer appointed under this section shall be paid such remuneration and expenses as may be fixed by the Attorney General of Canada with the approval of the Treasury Board.

  • Marginal note:Duties of hearing officer

    (4) A hearing officer appointed under this section shall

    • (a) as soon as possible after the appointment of the hearing officer and in any case not later than seven days after the date thereof, fix a suitable time and place for the public hearing and cause notice of the time and place to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the land is situated and by sending it to each of the persons whose names are set out in the report of the Attorney General of Canada referred to in subsection 5(2) and each other person who served an objection on the Minister;

    • (b) at the time and place fixed for the public hearing, provide an opportunity to be heard to each person appearing thereat who served an objection on the Minister or such of those persons as the hearing officer deems necessary in order to report to the Minister on the nature and grounds of the objections;

    • (c) make such inspection of the land as the hearing officer deems necessary and receive and consider any written representations filed with the hearing officer before or at the hearing by any person who served an objection on the Minister; and

    • (d) within thirty days after the appointment of the hearing officer, prepare and submit to the Minister a report in writing on the nature and grounds of the objections made.

  • Marginal note:Idem

    (5) A hearing officer is not required to give any notice, hold any hearing or take any other action required by subsection (4) with respect to any objection served on the Minister under section 9 and may at any time disregard any such objection if it appears to the hearing officer that the objection is frivolous or vexatious or is not made in good faith.

  • Marginal note:Right to legal counsel

    (6) Any person who may be heard at a public hearing under this section may be represented by legal counsel at the hearing.

  • Marginal note:Conduct of hearing

    (7) A public hearing under this section shall, subject to this section, be conducted in such manner as may be determined by the hearing officer.

  • Marginal note:Extension of time for report

    (8) At the request of any hearing officer, the Attorney General of Canada may extend, for a period not exceeding thirty days, the time limited by this section for preparing and submitting to the Minister a report.

  • Marginal note:Costs of asserting objections

    (9) A hearing officer shall, in any report submitted by him to the Minister under this section, fix such amount, if any, as the hearing officer deems reasonable, not exceeding such maximum amount as may be authorized by any tariff of costs prescribed by the Governor in Council for the purpose of this section, in respect of the costs of any person who served an objection on the Minister that were incurred by that person in asserting the objection, and on the certificate of the Minister the Minister of Finance shall, out of the Consolidated Revenue Fund, cause to be paid to that person the amount so certified in respect of those costs.

  • Marginal note:Failure to conduct or report hearing

    (10) Where, for any reason, a hearing officer appointed to conduct a public hearing under this section fails to do so or to prepare and submit to the Minister a report as and when required by this section, the Minister shall so notify the Attorney General of Canada who shall immediately appoint another hearing officer for that purpose.

  • Marginal note:Order if possession by Crown urgently required

    (11) If, before a notice of intention is registered, the Governor in Council is of the opinion that the physical possession or use by the Crown of the land to the extent of the interest or right intended to be expropriated is, by reason of special circumstances, urgently required and that to order that a public hearing be conducted with respect to it would occasion a delay prejudicial to the public interest, the Governor in Council may direct that no order be made by the Minister under subsection (1) with respect to the intended expropriation and, in which case, a statement to that effect shall be included in the notice of intention.

  • Marginal note:Exception

    (12) Subsection (11) does not apply in respect of land described in subsection 4(4) or (5), but the Yukon first nation concerned or the Gwich’in Tribal Council, as the case may be, may agree to waive the requirement for a public hearing and, if it does so before a notice of intention is registered, a statement of the waiver shall be included in the notice of intention.

  • R.S., 1985, c. E-21, s. 10
  • 1994, c. 43, s. 85
  • 2003, c. 22, s. 225(E)
  • 2011, c. 21, s. 133

Marginal note:Confirmation or abandonment of intention

  •  (1) Where a notice of intention has been given, the Minister may

    • (a) confirm the intention, in the manner provided in section 14,

      • (i) if no objection is filed with him under section 9 within the period of thirty days referred to in that section,

      • (ii) if an objection has been filed with him under section 9 within the period of thirty days referred to in that section, after receiving and considering the report of a hearing officer appointed to conduct a public hearing with respect thereto, or

      • (iii) whether or not an objection has been filed with him under section 9, if a statement to the effect described in subsection 10(11) has been included in the notice of intention; or

    • (b) abandon the intention.

  • Marginal note:Idem

    (2) Where, on the expiration of one hundred and twenty days after the day the notice was given, the Minister has not confirmed the intention in the manner provided in section 14, the Minister shall be deemed to have abandoned the intention.

  • Marginal note:If more limited interest or right only required

    (3) Whenever, at the time of confirming an intention to expropriate an interest in land or immovable real right, the Minister is of the opinion that a more limited interest or right is required by the Crown for a public work or other public purpose, the Minister may confirm the intention to expropriate the more limited interest or right, in which case the Minister shall be deemed to have abandoned the intention to expropriate the remainder of the interest in land or immovable real rights.

  • R.S., 1985, c. E-21, s. 11
  • 2011, c. 21, s. 134

Marginal note:Notice of abandonment of intention

  •  (1) If the Minister has abandoned an intention to expropriate an interest in land or immovable real right otherwise than by confirming an intention to expropriate a more limited interest or right in it, the Minister shall immediately cause a notice of abandonment of the intention to be sent

    • (a) to each of the persons then appearing to have any estate, interest or right in the land, so far as the Attorney General of Canada has been able to ascertain them, and each other person who served an objection on the Minister under section 9; and

    • (b) 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 intention was registered.

  • Marginal note:Right of owner or holder if abandonment of intention

    (2) If an intention to expropriate an interest in land or immovable real right, or the remainder of the interest or rights, has been abandoned, compensation in accordance with this Part shall be paid by the Crown to any person who was the owner or holder of the interest or right or of the remainder of the interest or rights at the time when the notice of intention was registered.

  • R.S., 1985, c. E-21, s. 12
  • 2011, c. 21, s. 135

Marginal note:Copy of report and reasons to be sent on request

 If the Minister, after receiving and considering a report of a hearing officer appointed to conduct a public hearing with respect to an objection served on the Minister by any person under section 9, has confirmed an intention to expropriate an interest in land or immovable real right, or a more limited interest or right in it, in the manner provided in section 14, the Minister shall, at the written request of the person who served the objection, provide that person with a copy of the report of the hearing officer and, if effect was not given to the objection, a statement of the reasons that the Minister had for not giving it effect.

  • R.S., 1985, c. E-21, s. 13
  • 2011, c. 21, s. 135

Marginal note:Notice of confirmation of intention

  •  (1) The Minister may confirm an intention to expropriate an interest in land or immovable real right to which a notice of intention relates, or a more limited interest or right in the land, by requesting the Attorney General of Canada to register a notice of confirmation, signed by the Minister, setting out,

    • (a) if the interest or right expropriated is the same as the interest or right to which the notice of intention relates, a statement that the intention to expropriate that interest or right is confirmed; or

    • (b) if the interest or right expropriated is a more limited interest or right than the interest or right to which the notice of intention relates, a statement that the intention to expropriate the interest or right to which the notice of intention relates is confirmed except as expressly specified in the statement.

  • Marginal note:Registration of notice

    (2) On receiving from the Minister a request to register a notice of confirmation described in this section, the Attorney General of Canada shall cause the notice to be registered in the office of the registrar where the notice of intention was registered, and if the land to which the notice of confirmation relates is more limited in area than the land described in the notice of intention, shall cause a revised plan of the land to which the notice of confirmation relates to be registered therewith.

  • R.S., 1985, c. E-21, s. 14
  • 2011, c. 21, s. 136

Marginal note:Effect of registration of notice

 On the registration of a notice of confirmation,

  • (a) the interest or right confirmed to be expropriated becomes and is absolutely vested in the Crown; and

  • (b) any other estate, interest or right is, as against the Crown or any person claiming on behalf of or under the direction of the Crown, thereby lost to the extent that the estate, interest or right is inconsistent with the interest or right confirmed to be expropriated.

  • R.S., 1985, c. E-21, s. 15
  • 2011, c. 21, s. 137

Marginal note:Copies to be sent and offer of full compensation to be made

  •  (1) When a notice of confirmation has been registered, the Minister shall,

    • (a) immediately after the registration of the notice, cause a copy of the notice to be sent to each of the persons then appearing to have any estate, interest or right in the land, so far as the Attorney General of Canada has been able to ascertain them, and each other person who served an objection on the Minister under section 9; and

    • (b) within 90 days after the day on which the notice is registered, or, if at any time before the expiration of those 90 days an application has been made under section 18, within the later of

      • (i) 90 days after the day on which the notice is registered, or

      • (ii) 30 days after the day on which the application is finally disposed of,

      make to each person who is entitled to compensation under this Part, in respect of an expropriated interest or right to which the notice of confirmation relates, an offer in writing of compensation, in an amount estimated by the Minister to be equal to the compensation to which that person is then entitled under this Part in respect of that interest or right, not conditional on the provision by that person of any release or releases and without prejudice to the right of that person, if the person accepts the offer, to claim additional compensation in respect thereof.

  • Marginal note:If delay in offer

    (2) If, in any case, it is not practicable for the Minister to make an offer of compensation under this section in respect of an expropriated interest or right within the applicable period described in paragraph (1)(b), the Minister shall make such an offer as soon as practicable after the expiration of that period and in any event before any compensation is adjudged by the Court to be payable under this Part in respect of that interest or right, in which case, interest as described in subsection 36(4) is payable in addition to any other interest payable under section 36 to the person entitled to compensation in respect of that interest or right.

  • Marginal note:Offer to be based on written appraisal

    (3) An offer of compensation made to a person under this section in respect of an expropriated interest or right shall be based on a written appraisal of the value of that interest or right, and a copy of the appraisal shall be sent to that person at the time of the making of the offer.

  • Marginal note:Statements to be included in copy of notice and in offer

    (4) There shall be included in any copy of a notice of confirmation sent to any person as described in paragraph (1)(a) a statement of the provisions of section 29 as that section applies to them, and there is to be included in any offer in writing sent to any person as described in paragraph (1)(b) a statement to the effect that the offer is not conditional on them providing any release or releases and is made without prejudice to their right, if the offer is accepted, to claim additional compensation in respect of the expropriated interest or right.

  • R.S., 1985, c. E-21, s. 16
  • 2011, c. 21, s. 137
 
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