Expropriation Act

Version of section 16 from 2002-12-31 to 2011-11-28:


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

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

    • (a) forthwith after the registration of the notice, cause a copy thereof to be sent to each of the persons then appearing to have any right, estate or interest 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 ninety days after the registration of the notice, or, if at any time before the expiration of those ninety days an application has been made under section 18, within the later of

      • (i) ninety days after the registration of the notice, or

      • (ii) thirty days after the day the application is finally disposed of,

      make to each person who is entitled to compensation under this Part, in respect of an expropriated interest 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, not conditional on the provision by that person of any release or releases and without prejudice to the right of that person, if he accepts the offer, to claim additional compensation in respect thereof.

  • Marginal note:Where delay in offer

    (2) Where, 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 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 thereof, 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 thereof.

  • 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 shall be based on a written appraisal of the value of that interest, 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 him, and there shall 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 the provision by him of any release or releases and is made without prejudice to his right, if he accepts the offer, to claim additional compensation in respect of the expropriated interest.

  • R.S., c. 16(1st Supp.), s. 14
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