Marginal note:Notice to Minister or owner to negotiate settlement of compensation payable
30 (1) Where, after an offer of compensation in respect of an expropriated interest has been made under section 16 to any person, in this section referred to as “the owner”, the owner and the Minister are unable to agree on the amount of compensation to which the owner is then entitled, either the owner or the Minister may, within sixty days after the making of the offer, serve on the other a notice to negotiate settlement of the compensation to which the owner is then entitled.
Marginal note:Stay of proceedings
(2) Where a notice referred to in subsection (1) has been served as provided in that subsection, no proceedings under sections 31 and 32 shall be instituted, or if instituted shall be proceeded with, by or on behalf of either the owner or the Attorney General of Canada in respect of the expropriation, until the expiration of sixty days from the serving of the notice, unless before the expiration of those sixty days the negotiator to whom the matter is referred under subsection (4) has made a report to the Minister that he has been unable to effect a settlement and has sent a copy of his report to the owner.
Marginal note:Appointment of negotiators; remuneration, etc.
(3) The Governor in Council, on the recommendation of the Attorney General of Canada, may appoint one or more suitable persons, who are not persons employed in the public service as defined in subsection 3(1) of the Public Service Superannuation Act, to act as negotiators for the purposes of this section, and may fix and authorize payment of the remuneration and expenses to be paid to those persons for any period while they are so acting.
Marginal note:Reference to negotiator
(4) Forthwith after any notice to negotiate is served on the Minister or an owner in accordance with this section, the Minister shall refer the matter to a negotiator appointed under subsection (3) who shall, on reasonable notice to the owner and the Minister, meet with them or their authorized representatives, make such inspection of the land as he deems necessary, receive and consider any appraisals, valuations or other written or oral evidence submitted to him on which either the owner or the Minister relies for his estimation of the amount of the compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement of the compensation payable.
Marginal note:Report of negotiator
(5) The negotiator shall, within sixty days from the service of the notice to negotiate, report to the Minister his success or failure in the matter of the negotiation, and shall thereupon send a copy of his report to the owner.
Marginal note:Statements in course of negotiation
(6) Evidence of anything said or of any admission made in the course of a negotiation under this section is not admissible in any proceedings before a court for the recovery or determination of the compensation payable to the owner.
- R.S., 1985, c. E-21, s. 30
- 2003, c. 22, s. 225(E)
- Date modified: