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Expropriation Act (R.S.C., 1985, c. E-21)

Full Document:  

Act current to 2022-07-13 and last amended on 2022-06-23. Previous Versions

PART IExpropriation (continued)

Compensation (continued)

Marginal note:Decrease in value of remaining property where severance

  •  (1) The amount of the decrease in value, if any, of the remaining property of an owner or holder is the value of all of their interests in land or immovable real rights immediately before the time of the taking of the expropriated interest or right, determined as provided in section 26, minus the aggregate of

    • (a) the value of the expropriated interest or right, and

    • (b) the value of all their remaining interests in land or immovable real rights immediately after the time of the taking of the expropriated interest or right.

  • Marginal note:Factors to consider in determining change in value of remaining property

    (2) For the purpose of paragraph (1)(b), the value of the owner’s or holder’s remaining interests in land or immovable real rights immediately after the time of the taking of the expropriated interest or right is to be determined as provided in section 26, except that, in determining that value, account is to be taken of any increase or decrease in the value of any remaining interests in land or immovable real rights that immediately before the registration of the notice of confirmation were held by the owner or holder together with the expropriated interest or right, resulting from the construction or use or anticipated construction or use of any public work on the land to which the notice relates or from the use or anticipated use of that land for any public purpose.

  • R.S., 1985, c. E-21, s. 27
  • 2011, c. 21, s. 142

Marginal note:Additional factors to be taken into account

  •  (1) The fact of

    • (a) an abandonment or revesting under this Part of an interest in land or an immovable real right or of the remainder of the interest or rights, or

    • (b) any undertaking given on behalf of the Crown by the Minister, or by any other person within the scope of the Minister’s authority, to make any alteration, construct any work or grant or concede or transfer any other land or interest in land or immovable real right,

    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 or right.

  • Marginal note:Compensation payable if intention to expropriate abandoned

    (2) If an intention to expropriate an interest in land or immovable real right or the remainder of the interest or rights has been abandoned, the compensation payable by the Crown to its owner or holder is the amount of any actual loss sustained by the owner or holder, 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 or right, as the case may be, was confirmed, in consequence of the registration

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

    • (b) of the notice of intention in so far as that notice relates to the remainder of the interest or rights, if 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., 1985, c. E-21, s. 28
  • 2011, c. 21, s. 143

Marginal note:Legal, appraisal and other costs to be paid by Crown

  •  (1) The Crown shall pay to each person entitled to compensation under this Part an amount equal to the legal, appraisal and other costs reasonably incurred by him in asserting a claim for that compensation, except any of those costs incurred after the institution of any proceedings under sections 31 and 32.

  • Marginal note:Taxing

    (2) The costs provided for in subsection (1) may be taxed by the official responsible for taxing costs in the Court.

  • R.S., c. 16(1st Supp.), s. 27

Payment of Compensation

Marginal note:Notice to negotiate settlement of compensation payable

  •  (1) If, after an offer of compensation in respect of an expropriated interest or right has been made under section 16 to any person entitled to compensation, that person and the Minister are unable to agree on the amount of the compensation, either the person or the Minister may, within 60 days after the day on which the offer is made, serve on the other a notice to negotiate settlement of the compensation to which the person is then entitled.

  • Marginal note:Stay of proceedings

    (2) If a notice has been served as provided in subsection (1), no proceedings under sections 31 and 32 are to be instituted, or if instituted are to be proceeded with, by or on behalf of either the person entitled to compensation or the Attorney General of Canada in respect of the expropriation, until the expiration of 60 days after the day on which the notice is served, unless before the expiration of those 60 days the negotiator to whom the matter is referred under subsection (4) has made a report to the Minister that he or she has been unable to effect a settlement and has sent a copy of the report to the person entitled to compensation.

  • 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) Immediately after any notice to negotiate is served on the Minister or a person entitled to compensation in accordance with this section, the Minister shall refer the matter to a negotiator appointed under subsection (3) who shall, on reasonable notice to that person and the Minister, meet with them or their authorized representatives, make any inspection of the land that he or she deems necessary, receive and consider any appraisals, valuations or other written or oral evidence submitted to him or her on which either the person or the Minister relies for his or her 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 60 days after the day on which the notice to negotiate is served, report to the Minister his or her success or failure in the matter of the negotiation, and shall thereupon send a copy of his or her report to the person entitled to compensation.

  • 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 person entitled to it.

  • R.S., 1985, c. E-21, s. 30
  • 2003, c. 22, s. 225(E)
  • 2011, c. 21, s. 144

Marginal note:Proceedings to determine compensation

  •  (1) Subject to section 30,

    • (a) a person entitled to compensation in respect of an expropriated interest or right may,

      • (i) at any time after the registration of the notice of confirmation, if no offer under section 16 has been accepted by him, and

      • (ii) within one year after the acceptance of the offer, in any other case,

      commence proceedings in the Court by statement of claim for the recovery of the amount of the compensation to which he is then entitled; or

    • (b) the Attorney General of Canada may at any time after the registration of the notice of confirmation, whether or not proceedings under paragraph (a) have been commenced, file a notice in the matter in the Court setting out

      • (i) the particulars of the expropriation in relation to any parcel of land to which the notice of confirmation relates,

      • (ii) the names, so far as they have been ascertained, of each of the persons entitled to compensation in respect of an expropriated interest or right and the names of the persons who are to be parties to the proceedings,

      • (iii) the amount of any offer made under section 16 to any of the persons who are to be parties to the proceedings, and

      • (iv) such further facts as appear to be relevant.

  • Marginal note:Notice filed in Court

    (2) A notice filed in the Court under subsection (1) shall be deemed to commence an action or suit, involving the persons stated therein to be parties to the proceedings, for the final determination of the compensation payable or any other matter or issue arising out of the registration of the notice of confirmation.

  • R.S., 1985, c. E-21, s. 31
  • 2011, c. 21, s. 145

Marginal note:Statement of claim

  •  (1) Each person stated in a notice filed in the Court under subsection 31(1) to be a party to the proceedings shall, within a period of thirty days after the day the notice is served on him or within such further time as the Court or a judge thereof may allow either before or after the expiration of that period, serve on the Attorney General of Canada and file in the Court a statement of claim in the proceedings.

  • Marginal note:Statement of defence

    (2) The Attorney General of Canada shall, within a period of thirty days after the day on which a statement of claim referred to in subsection (1) was served on him, or, if more than one such statement was served on him, the latest day on which any of those statements was served on him, or within such further time as the Court or a judge thereof may allow either before or after the expiration of that period, serve on each person serving a statement of claim and file in the Court a statement of defence or answer thereto.

  • 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.

  • R.S., 1985, c. E-21, s. 32
  • 2011, c. 21, s. 146

Marginal note:Character of compensation

  •  (1) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of an expropriated interest or right stands in lieu of the interest or right.

  • Marginal note:Effect of payment in case of security interest or real security

    (2) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of a security interest or real security described in subsection 26(10) is, for all purposes as between the owner or holder of the interest or right, subject to the security interest or real security and the owner or holder of the security interest or real security, to be deemed to discharge any liability, under the terms of the security, of the owner or holder of the interest or right, subject to the security interest or real security, to the extent of the compensation so agreed or adjudged to be payable, and, if any amount or proportion of any amount described in subparagraph 26(10)(b)(ii) is included in the compensation, to be in full satisfaction of any notice or bonus required under the terms of the security in respect of its prepayment resulting from the expropriation.

  • R.S., 1985, c. E-21, s. 33
  • 2011, c. 21, s. 147

Marginal note:Crown in position of purchaser

 If any compensation in respect of an expropriated interest or right has been paid to a person of whose right to claim compensation the Crown had notice at the time of payment, no compensation is payable to another person, whether that other person’s interest or right is derived from the person to whom compensation has been paid or otherwise, if under the law of the province in which the land is situated the interest or right giving rise to the claim to compensation of that other person would have been void or, in Quebec, null or unenforceable against the Crown had the Crown, at the time the notice of intention was registered, been a purchaser of the expropriated interest or right.

  • R.S., 1985, c. E-21, s. 34
  • 2011, c. 21, s. 147

Marginal note:Set-off and recovery of excess compensation

 If any compensation has been paid to a person in respect of an expropriated interest or right pursuant to an offer made to them under section 16, the amount so paid to that person is to be deducted from the amount of the compensation adjudged by the Court under this Part to be payable to them in respect of that interest or right, and when the paid amount exceeds the amount so adjudged to be payable, the excess constitutes a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction.

  • R.S., 1985, c. E-21, s. 35
  • 2011, c. 21, s. 147

Marginal note:Exception

  •  (1) Notwithstanding any other provision of this Act, any dispute as to the compensation payable in respect of an expropriated interest in land described in subsection 4(4) or (5) may be heard and determined only by the Yukon Surface Rights Board under and in accordance with the Yukon Surface Rights Board Act.

  • Marginal note:Provisions applicable

    (2) Subsection 16(2) and sections 33, 35 and 36 apply, with such modifications as the circumstances require, in respect of compensation determined by the Yukon Surface Rights Board as if that compensation were compensation adjudged by the Court.

  • 1994, c. 43, s. 86

Interest

Marginal note:Definitions

  •  (1) In this section,

    basic rate

    basic rate means a rate determined in the manner prescribed by any order made from time to time by the Governor in Council for the purposes of this section, being not less than the average yield, determined in the manner prescribed by that order, from Government of Canada treasury bills; (taux de base)

    compensation

    compensation means the amount adjudged by the Court under this Part to be payable in respect of an expropriated interest or right; (indemnité)

    date of possession

    date of possession means the day on which the Crown became entitled to take physical possession or make use of the land to which a notice of confirmation relates; (date de la possession)

    date of the offer

    date of the offer means the day on which an offer was accepted; (date de l’offre)

    offer

    offer means an offer under section 16. (offre)

  • Marginal note:Interest payable by Crown

    (2) Interest is payable by the Crown at the basic rate on the compensation, from the date of possession to the date judgment is given, except where an offer has been accepted.

  • Marginal note:Interest payable where offer accepted

    (3) Where an offer has been accepted, interest is payable by the Crown from the date of the offer to the date judgment is given,

    • (a) at the basic rate on the amount by which the compensation exceeds the amount of the offer, and

    • (b) in addition, at the rate of five per cent per annum on the compensation, if the amount of the offer is less than ninety per cent of the compensation,

    and where an offer has been accepted after the date of possession, interest is payable at the basic rate on the compensation, from the date of possession to the date of the offer.

  • Marginal note:Additional interest where delay in offer

    (4) Where an offer is not made until after the expiration of the applicable period described in paragraph 16(1)(b) for the making of the offer, interest, in addition to any interest payable under subsection (2) or (3), is payable by the Crown at the rate of five per cent per annum on the compensation, from the expiration of that period to the day on which an offer is made.

  • Marginal note:Discretion of Court where delay

    (5) Where the Court is of opinion that any delay in the final determination of the compensation is attributable in whole or in part to any person entitled thereto, or that the person has failed to deliver up possession within a reasonable time after demand, the Court may, for the whole or any part of any period for which he would otherwise be entitled to interest, refuse to allow him interest, except that the Court shall not so refuse by reason only that an offer made to him was not accepted.

  • R.S., 1985, c. E-21, s. 36
  • 2011, c. 21, s. 148
 
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