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Marginal note:Statement of claim

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• Marginal note:Procedure

  (3) Subject to this section and section 31, an action or suit commenced as described in subsection 31(2) shall be proceeded with in accordance with the Rules and Orders of Practice and Procedure before the Court and as if the proceedings had been commenced by statement of claim filed by a person stated in a notice filed in the Court under subsection 31(1) to be a party to the proceedings.

• Marginal note:Where application under section 18 pending

  (4) Where an application has been made under section 18 and, at the time any proceedings arising out of the expropriation to which the application relates are commenced by statement of claim as described in paragraph 31(1)(a), the application has not been finally disposed of, the proceedings shall be stayed until the application is finally disposed of.

• Marginal note:Judgment as bar to further claims

  (5) A judgment, whether by consent, default or otherwise, in any proceedings under this section or section 31 bars all further claims of the parties and of any persons claiming on their behalf or under their direction, including any claim in respect of dower or of dower not yet open or in respect of any mortgage, hypothec or other right, and the Court shall declare the amount of compensation payable and make any order for the distribution, payment or investment of any compensation money, and for the securing of the rights of all persons interested, that may be necessary.

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

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

  • (a) immediately after the registration of the notice, cause a copy of the notice to be sent to each of the persons then appearing to have any estate, interest or right 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 90 days after the day on which the notice is registered, or, if at any time before the expiration of those 90 days an application has been made under section 18, within the later of

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• Marginal note:If delay in offer

  (2) If, 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 or right 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 of that interest or right, 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 of that interest or right.

• 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 or right shall be based on a written appraisal of the value of that interest or right, 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 them, and there is to 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 them providing any release or releases and is made without prejudice to their right, if the offer is accepted, to claim additional compensation in respect of the expropriated interest or right.

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Marginal note:Right of Crown to physical possession

• 19 (1) Despite 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 expropriated interest or right, only at such of the following times as is applicable:

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  • (c) in any other case, at any time after the registration of the notice of confirmation that

    • (i) the Minister has sent a notice to each of the persons appearing to have had any estate, interest or right in the land 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, if an application has been made under section 18 and has been finally disposed of, to each of the persons adjudged to have had an estate, interest or right in the land 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 any period that is specified in the notice, being not less than 90 days after the day on which the notice is sent 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 expropriated interest or right.

• (2) If, 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 expropriated interest or right or interest or right intended to be expropriated is, by reason of special circumstances, urgently required, the Governor in Council may direct

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  • (b) if 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 despite the fact that no offer has then been made under section 16.

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Marginal note:Determination respecting title

• 18 (1) If the Attorney General of Canada, at any time after the registration of a notice of confirmation, is in doubt as to the persons who had any estate, interest or right in the land to which the notice relates or as to its nature or extent, the Attorney General of Canada may apply to the Court to make a determination respecting the state of the title to the land or any part of the land immediately before the registration of the notice, and to adjudge who had an estate, interest or right in the land at that time, and its nature and extent.

• Marginal note:Hearing

  (2) An application under this section shall in the first instance be made ex parte and the Court shall fix a time and place for the hearing of the persons concerned and give directions as to

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