Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Expropriation Act

Version of section 31 from 2011-11-29 to 2024-11-26:


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

Date modified: