Expropriation Act

Marginal note:Request by railway company to expropriate

• 4.1 (1) If a railway company, as defined in section 87 of the Canada Transportation Act, requires an interest in land or immovable real right for the purposes of its railway and has unsuccessfully attempted to purchase the interest or right, the railway company may request the Minister of Transport to have the Minister have the interest or right expropriated by the Crown in accordance with this Part.

• Marginal note:Power of Minister

  (2) The Minister shall have the interest in land or immovable real right expropriated by the Crown in accordance with this Part if

  • (a) the Minister of Transport is of the opinion that the interest or right is required by the railway company for its railway and recommends to the Governor in Council that it be expropriated in accordance with this Part; and

  • (b) the Governor in Council consents to the expropriation of the interest or right.

• Marginal note:Deemed opinion

  (3) If the Minister of Transport is of the opinion that the interest in land or immovable real right is required by the railway company for its railway, the Minister is deemed to be of the opinion that the interest or right is required by the Crown for a public work or other public purpose.

• Marginal note:Charges for services

  (4) The appropriate minister in relation to Part I of this Act may make regulations prescribing fees or charges to be paid by a railway company in respect of an expropriation referred to in subsection (2), and rates of interest payable in respect of those fees and charges.

• Marginal note:Debt due to Her Majesty

  (5) The fees or charges are a debt due to Her Majesty in right of Canada by the railway company, and shall bear interest at the prescribed rate from the date they are payable.

• Marginal note:Security

  (6) The Minister may require the company to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any fees or charges that are or may become payable under this section.

• Marginal note:Vesting

  (7) For the purpose of this section, the reference to the Crown in section 15 shall be read as a reference to the railway company that made a request under subsection (1).

• Marginal note:Restriction on alienation

  (8) If an interest in land or immovable real right that was vested in the Crown before the expropriation is obtained by a railway company under section 15, the railway company may not alienate that interest or right except to transfer it to the Crown.