Telecommunications Act

Version of section 46 from 2002-12-31 to 2004-12-14:

Marginal note:Expropriation by carrier
  •  (1) Where, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land or an interest in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act.

  • Marginal note:Copies of opinion

    (2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest in, the land.

  • Marginal note:Interpretation

    (3) For the purposes of the Expropriation Act, where the appropriate Minister advised under subsection (1) is of the opinion that the land or interest in land is required for the purpose of providing telecommunications services to the public,

    • (a) the land or interest in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose;

    • (b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and

    • (c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or interest in land.

  • Marginal note:Liability to Crown for expenses

    (4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or interest in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction.