Expropriation Act

Version of section 19 from 2002-12-31 to 2011-11-28:


Marginal note:Right of Crown to physical possession

  •  (1) Notwithstanding 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 interest expropriated, only at such of the following times as is applicable, namely,

    • (a) at the time of the registration of the notice of confirmation, if at that time no other person who was the owner of an interest therein 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 interest expropriated 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 such time after the registration of the notice of confirmation as

      • (i) the Minister has sent a notice to each of the persons appearing to have had any right, estate or interest therein 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, where an application has been made under section 18 and has been finally disposed of, to each of the persons adjudged to have had an interest therein 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 such period as is specified in the notice, being not less than ninety days after the sending of the notice 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 interest therein.

  • Marginal note:Where possession by Crown urgently required

    (2) Where, 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 interest expropriated or 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 ninety days referred to in paragraph (1)(c) such lesser number of days as in his opinion the circumstances require; or

    • (b) where 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 notwithstanding that no offer has then been made under section 16.

  • R.S., c. 16(1st Supp.), s. 17
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