Government of Canada / Gouvernement du Canada
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Expropriation Act

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

Marginal note:Additional factors to be taken into account

  •  (1) The fact of

    • (a) an abandonment or revesting under this Part of an interest or remainder of an interest in land, or

    • (b) any undertaking given on behalf of the Crown by the Minister, or by any other person within the scope of his authority, to make any alteration, construct any work or grant or convey any other land or interest therein,

    shall be taken into account, in connection with all other circumstances of the case, in determining the amount to be paid to any person claiming compensation for an expropriated interest.

  • Marginal note:Compensation payable where intention to expropriate abandoned

    (2) Where an intention to expropriate an interest or remainder of an interest in land has been abandoned, the compensation payable by the Crown to the owner thereof is the amount of any actual loss sustained by the owner, after the time when the notice of intention was registered and before the time when the abandonment of the intention, or the intention to expropriate a more limited interest, as the case may be, was confirmed, in consequence of the registration

    • (a) of the notice of intention, where the intention to expropriate the interest has been abandoned; or

    • (b) of the notice of intention in so far as that notice relates to the remainder of the interest, where the intention to expropriate the remainder has been abandoned.

  • Marginal note:Application of sections 31 and 32

    (3) In relation to the compensation described in subsection (2), the provisions of sections 31 and 32 apply with such modifications as the circumstances require, and as though for the reference in paragraph 31(1)(a) to “the registration of the notice of confirmation” there were substituted a reference to the confirmation of the abandonment of the intention.

  • R.S., c. 16(1st Supp.), s. 26

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