Marginal note:Public hearing
10 (1) Forthwith after the expiration of the period of thirty days referred to in section 9, the Minister shall, if the Minister has been served with an objection under that section, order that a public hearing be conducted with respect to the objection and any other objection to the intended expropriation that has been or may be served on the Minister.
Marginal note:Appointment of hearing officer
(2) Where the Minister orders that a public hearing be conducted with respect to an objection or objections, the Minister shall immediately request the Attorney General of Canada to appoint a hearing officer to conduct the hearing and the Attorney General of Canada shall thereupon appoint a suitable person, who is not a person employed in the Public Service as defined in subsection 3(1) of the Public Service Superannuation Act, to be a hearing officer for that purpose.
Marginal note:Remuneration and expenses
(3) A hearing officer appointed under this section shall be paid such remuneration and expenses as may be fixed by the Attorney General of Canada with the approval of the Treasury Board.
Marginal note:Duties of hearing officer
(4) A hearing officer appointed under this section shall
(a) as soon as possible after the appointment of the hearing officer and in any case not later than seven days after the date thereof, fix a suitable time and place for the public hearing and cause notice of the time and place to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the land is situated and by sending it to each of the persons whose names are set out in the report of the Attorney General of Canada referred to in subsection 5(2) and each other person who served an objection on the Minister;
(b) at the time and place fixed for the public hearing, provide an opportunity to be heard to each person appearing thereat who served an objection on the Minister or such of those persons as the hearing officer deems necessary in order to report to the Minister on the nature and grounds of the objections;
(c) make such inspection of the land as the hearing officer deems necessary and receive and consider any written representations filed with the hearing officer before or at the hearing by any person who served an objection on the Minister; and
(d) within thirty days after the appointment of the hearing officer, prepare and submit to the Minister a report in writing on the nature and grounds of the objections made.
(5) A hearing officer is not required to give any notice, hold any hearing or take any other action required by subsection (4) with respect to any objection served on the Minister under section 9 and may at any time disregard any such objection if it appears to the hearing officer that the objection is frivolous or vexatious or is not made in good faith.
Marginal note:Right to counsel
(6) Any person who may be heard at a public hearing under this section may be represented by counsel at the hearing.
Marginal note:Conduct of hearing
(7) A public hearing under this section shall, subject to this section, be conducted in such manner as may be determined by the hearing officer.
Marginal note:Extension of time for report
(8) At the request of any hearing officer, the Attorney General of Canada may extend, for a period not exceeding thirty days, the time limited by this section for preparing and submitting to the Minister a report.
Marginal note:Costs of asserting objections
(9) A hearing officer shall, in any report submitted by him to the Minister under this section, fix such amount, if any, as the hearing officer deems reasonable, not exceeding such maximum amount as may be authorized by any tariff of costs prescribed by the Governor in Council for the purpose of this section, in respect of the costs of any person who served an objection on the Minister that were incurred by that person in asserting the objection, and on the certificate of the Minister the Minister of Finance shall, out of the Consolidated Revenue Fund, cause to be paid to that person the amount so certified in respect of those costs.
Marginal note:Failure to conduct or report hearing
(10) Where, for any reason, a hearing officer appointed to conduct a public hearing under this section fails to do so or to prepare and submit to the Minister a report as and when required by this section, the Minister shall so notify the Attorney General of Canada who shall immediately appoint another hearing officer for that purpose.
Marginal note:Order where possession by Crown urgently required
(11) Where, before a notice of intention is registered, the Governor in Council is of the opinion that the physical possession or use by the Crown of the land to the extent of the interest intended to be expropriated is, by reason of special circumstances, urgently required and that to order that a public hearing be conducted with respect thereto would occasion a delay prejudicial to the public interest, the Governor in Council may direct that no order be made by the Minister under subsection (1) with respect to the intended expropriation and, in which case, a statement to that effect shall be included in the notice of intention.
(12) Subsection (11) does not apply in respect of land described in subsection 4(4) or (5), but the Yukon first nation concerned or the Gwich’in Tribal Council, as the case may be, may agree to waive the requirement for a public hearing and, if it does so before a notice of intention is registered, a statement of the waiver shall be included in the notice of intention.
- R.S., 1985, c. E-21, s. 10
- 1994, c. 43, s. 85
- Date modified: