Expropriation Act

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• 1Short title

  This Act may be cited as the Expropriation Act.

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]

  Court means the Federal Court; (tribunal)

• 2(1)[p4]

  Crown means Her Majesty in right of Canada; (Couronne)

• 2(1)[p5]

  expropriated means taken by the Crown under Part I; (exproprié)

• 2(1)[p6]Repealed

  expropriated interest[Repealed, 2011, c. 21, s. 127]

• 2(1)[p7]

  expropriated interest or right means any estate, interest or right that has been lost, in whole or in part, by the registration of a notice of confirmation under Part I; (droit ou intérêt exproprié)

• 2(1)[p8]Repealed

  interest in land[Repealed, 2011, c. 21, s. 127]

• 2(1)[p9]

  land includes mines, buildings, structures, other things in the nature of fixtures and objects that are immovable within the meaning of Quebec civil law and also includes minerals whether precious or base, on, above or below the surface, but excludes minerals above the surface in Quebec; (bien-fonds)

• 2(1)[p10]

  Minister

• 2(1)[p10](a)

  in relation to the provisions of this Act other than Part II, means the Minister of Public Works and Government Services or, for such periods and in relation to such matters to which the powers, duties and functions of the Minister under this Act extend as may be specified in any instrument of delegation signed by the Minister of Public Works and Government Services and published in the Canada Gazette, such other Minister described in paragraph (b) as is named in the instrument, and

• 2(1)[p10](b)

  in relation to Part II, means a Minister presiding over a department named in Schedule I to the Financial Administration Act; (ministre)

• 2(1)[p13]

  notice of confirmation means a notice of confirmation described in section 14; (avis de confirmation)

• 2(1)[p14]

  notice of intention means a notice of intention described in section 5; (avis d’intention)

• 2(1)[p15]Repealed

  owner[Repealed, 2011, c. 21, s. 127]

• 2(1)[p16]

  register includes file or deposit; (enregistrer)

• 2(1)[p17]

  registrar means the officer with whom the titles relating to real property and immovables are registered or recorded. (registrateur)

• 2(2)Interpretation

  For the purposes of this Act,

• 2(2)(a)

  an interest in land relates to any land in Canada elsewhere than in Quebec;

• 2(2)(b)

  an immovable real right relates to any land in Quebec and includes the right of a lessee of the land;

• 2(2)(c)

  an owner of an interest is a person who has a right, estate or interest in any land in Canada elsewhere than in Quebec; and

• 2(2)(d)

  a holder of a right is a person who has a right in any land in Quebec, including a lessee of the land.

• 3Sending of notices and other documents
• 3(1)

  For the purposes of this Act, where any notice or other document or a copy thereof is required or authorized to be sent to a person other than the Minister or the Attorney General of Canada,

• 3(1)(a)

  the document or copy shall be sent to that person by being mailed by registered mail addressed to him at his latest known address or, if his address is unknown, by being published in at least one issue of a publication, if any, in general circulation within the area in which the land to which the document relates is situated; and

• 3(1)(b)

  the document or copy shall be deemed to have been sent to that person at the time when it was mailed or first published in accordance with paragraph (a).

• 3(2)Idem

  Where any objection or other document is to be served on the Minister, it shall be served on him by being left at, or by being sent by registered mail to, the office of the Minister, but if any such document is sent by registered mail to the office of the Minister service thereof shall be deemed not to be effected until it has been received at that office.

• 4Authority to expropriate
• 4(1)

  Any interest in land or immovable real right, including any of the interests or rights mentioned in sections 7 and 7.1, that, in the opinion of the Minister, is required by the Crown for a public work or other public purpose may be expropriated by the Crown in accordance with the provisions of this Part.

• 4(2)Exception

  No interest in land that is Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act, may be expropriated under this Part without the consent of the Governor in Council.

• 4(2.1)Exception

  No interest in land that is Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, may be expropriated under this Part without the consent of the Governor in Council.

• 4(3)Exception

  No right or interest in lands that are shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act, may be expropriated under this Part without the consent of the Governor in Council.

• 4(4)Exception

  No interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be expropriated under this Part without the consent of the Governor in Council.

• 4(5)Exception

  No interest in Tetlit Gwich’in Yukon land may be expropriated under this Part without the consent of the Governor in Council.

• 4(6)Notice of intention

  Where an interest in land referred to in subsection (4) or (5) is to be expropriated, notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council, as the case may be, on completion of any public hearing and submission of a report to the Minister required by section 10 or, if no hearing is held, on the expiration of the period of thirty days referred to in section 9.

• 4(7)Definition of Tetlit Gwich’in Yukon land

  In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.

• 4.1Request 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.

• 4.1(2)Power of Minister

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

• 4.1(2)(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

• 4.1(2)(b)

  the Governor in Council consents to the expropriation of the interest or right.

• 4.1(3)Deemed opinion

  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.

• 4.1(4)Charges for services

  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.

• 4.1(5)Debt due to Her Majesty

  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.

• 4.1(6)Security

  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.

• 4.1(7)Vesting

  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).

• 4.1(8)Restriction on alienation

  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.

• 5Notice of intention to expropriate
• 5(1)

  If, in the opinion of the Minister, any interest in land or immovable real right is required by the Crown for a public work or other public purpose, the Minister may request the Attorney General of Canada to register a notice of intention to expropriate the interest or right, signed by the Minister, setting out

• 5(1)(a)

  a description of the land;

• 5(1)(b)

  the nature of the interest or right intended to be expropriated and whether the interest or right is intended to be subject to any existing interest in land or immovable real right;

• 5(1)(c)

  an indication of the public work or other public purpose for which the interest or right is required; and

• 5(1)(d)

  a statement that it is intended that the interest or right be expropriated by the Crown.

• 5(2)Registration of notice

  On receiving from the Minister a request to register a notice of intention described in this section, the Attorney General of Canada shall cause the notice, together with a plan of the land to which the notice relates, to be registered in the office of the registrar for the county, district or registration division in which the land is situated, and, after causing any investigations and searches to be made respecting the state of the title to the land that appear to him or her to be necessary or desirable, the Attorney General of Canada shall provide the Minister with a report setting out the names and latest known addresses, if any, of the persons appearing to have any estate, interest or right in the land, so far as he or she has been able to ascertain them.

• 5(3)Further indication of public purpose

  If, in the opinion of the Minister, the interest or right to which a notice of intention described in this section relates is required by the Crown for a purpose related to the safety or security of Canada or a state allied or associated with Canada and it would not be in the public interest to indicate that purpose, a statement in the notice to the effect that the interest or right is required by the Crown for such a purpose is sufficient compliance with paragraph (1)(c) without any other indication.

• 5(4)Further indication of public purpose — additional information

  Subject to subsection (3), the Minister shall, for the purposes of sections 9 and 10 and to the extent that it appears to him or her practicable and in the public interest to do so, make available to any person on request any additional information that is available to the Minister with respect to the public work or other public purpose for which the interest or right to which a notice registered under this section relates is required by the Crown.

• 6Error, etc., in notice or plan
• 6(1)

  If a notice or plan registered under section 5 contains any omission, misstatement or erroneous description, a corrected notice or plan may be registered and will be deemed to relate back to the day the original notice or plan was registered.

• 6(2)Validity of notice — nature of the interest or right

  A notice registered under section 5 is not invalid by reason only that it does not set out the nature of the interest or right intended to be expropriated and, in that case, the interest or right intended to be expropriated includes all the interests in the land or immovable real rights to which the notice relates.

• 6(3)Validity of notice — existing interest in land or immovable real right

  A notice registered under section 5 is not invalid by reason only that it does not set out whether the interest or right intended to be expropriated is intended to be subject to an existing interest in land or immovable real right to which the notice relates, and, if it does not do so, the interest or right intended to be expropriated is not subject to that existing interest or right.

• 6(4)Provincial lands

  If it appears to the Attorney General of Canada that any land, interest in land or immovable real right to which a notice registered under section 5 relates belongs to Her Majesty in right of any province, he or she shall immediately cause the attorney general of the province to be notified of the registration and its particulars.

• 7Nature of interests that may be set out in notice — provinces other than Quebec

  In Canada elsewhere than in Quebec, a notice of intention may set out, as the nature of the interest intended to be expropriated, any estate or interest in land, including, without restricting the generality of the foregoing,

• 7(a)

  an interest limited as to time or by condition or otherwise;

• 7(b)

  an easement, profit or other servitude;

• 7(c)

  any right to, over or in respect of land that might be conferred by the owner of the land, whether or not that right, if conferred by the owner, could be asserted against a subsequent owner of the land;

• 7(d)

  any restriction on the use of land that might be assumed by covenant or other agreement, whether or not that restriction, if assumed by the owner of the land, could be asserted against a subsequent owner thereof; and

• 7(e)

  the exclusive possession of land for a limited time or for a definite or indefinite period, subject to any conditions or limitations that may be specified in the notice.

• 7.1Nature of rights that may be set out in notice — Quebec

  In Quebec, a notice of intention may set out, as the nature of the right intended to be expropriated, any immovable real right.

• 8Sending of copies and publication of notice
• 8(1)

  If a notice of intention to expropriate an interest in land or immovable real right has been registered, the Minister shall cause a copy of the notice and forthwith after causing a copy thereof to be sent by registered mail to each of the persons referred to in paragraph (b), shall cause the notice to be published in the Canada Gazette.

• 8(1)(a)

  to be published in at least one issue of a publication, if any, in general circulation within the area in which the land is situated, within thirty days after the registration of the notice, and

• 8(1)(b)

  to be sent 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), as soon as practicable after the registration of the notice,

• 8(2)When notice deemed given

  A notice of intention shall be deemed to be given on the day on which it is published in the Canada Gazette under subsection (1), and where any notice so published contains an omission, mis-statement or erroneous description, a corrected notice may be published in the Canada Gazette, which shall be deemed to relate back to the day the original notice was published therein.

• 8(3)Statement regarding right to object

  There shall be included in any notice or copy published or sent as described in subsection (1) a statement of the provisions of section 9 as that section applies to the intended expropriation of the interest or right to which the notice relates.

• 9Objections

  Any person who objects to the intended expropriation of an interest in land or immovable real right to which a notice of intention relates may, within 30 days after the day on which the notice is given, serve on the Minister an objection in writing stating the name and address of that person and indicating the nature of the objection, the grounds on which the objection is based and the nature of the interest of that person in the matter of the intended expropriation.

• 10Public 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.

• 10(2)Appointment of hearing officer

  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.

• 10(3)Remuneration and expenses

  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.

• 10(4)Duties of hearing officer

  A hearing officer appointed under this section shall

• 10(4)(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;

• 10(4)(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;

• 10(4)(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

• 10(4)(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.

• 10(5)Idem

  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.

• 10(6)Right to legal counsel

  Any person who may be heard at a public hearing under this section may be represented by legal counsel at the hearing.

• 10(7)Conduct of hearing

  A public hearing under this section shall, subject to this section, be conducted in such manner as may be determined by the hearing officer.

• 10(8)Extension of time for report

  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.

• 10(9)Costs of asserting objections

  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.

• 10(10)Failure to conduct or report hearing

  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.

• 10(11)Order if possession by Crown urgently required

  If, 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 or right intended to be expropriated is, by reason of special circumstances, urgently required and that to order that a public hearing be conducted with respect to it 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.

• 10(12)Exception

  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.

• 11Confirmation or abandonment of intention
• 11(1)

  Where a notice of intention has been given, the Minister may

• 11(1)(a)

  confirm the intention, in the manner provided in section 14,

• 11(1)(a)(i)

  if no objection is filed with him under section 9 within the period of thirty days referred to in that section,

• 11(1)(a)(ii)

  if an objection has been filed with him under section 9 within the period of thirty days referred to in that section, after receiving and considering the report of a hearing officer appointed to conduct a public hearing with respect thereto, or

• 11(1)(a)(iii)

  whether or not an objection has been filed with him under section 9, if a statement to the effect described in subsection 10(11) has been included in the notice of intention; or

• 11(1)(b)

  abandon the intention.

• 11(2)Idem

  Where, on the expiration of one hundred and twenty days after the day the notice was given, the Minister has not confirmed the intention in the manner provided in section 14, the Minister shall be deemed to have abandoned the intention.

• 11(3)If more limited interest or right only required

  Whenever, at the time of confirming an intention to expropriate an interest in land or immovable real right, the Minister is of the opinion that a more limited interest or right is required by the Crown for a public work or other public purpose, the Minister may confirm the intention to expropriate the more limited interest or right, in which case the Minister shall be deemed to have abandoned the intention to expropriate the remainder of the interest in land or immovable real rights.

• 12Notice of abandonment of intention
• 12(1)

  If the Minister has abandoned an intention to expropriate an interest in land or immovable real right otherwise than by confirming an intention to expropriate a more limited interest or right in it, the Minister shall immediately cause a notice of abandonment of the intention to be sent

• 12(1)(a)

  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

• 12(1)(b)

  to the Attorney General of Canada, who shall immediately confirm the abandonment by causing the notice to be registered in the office of the registrar where the notice of intention was registered.

• 12(2)Right of owner or holder if abandonment of intention

  If an intention to expropriate an interest in land or immovable real right, or the remainder of the interest or rights, has been abandoned, compensation in accordance with this Part shall be paid by the Crown to any person who was the owner or holder of the interest or right or of the remainder of the interest or rights at the time when the notice of intention was registered.

• 13Copy of report and reasons to be sent on request

  If the Minister, after receiving and considering a report of a hearing officer appointed to conduct a public hearing with respect to an objection served on the Minister by any person under section 9, has confirmed an intention to expropriate an interest in land or immovable real right, or a more limited interest or right in it, in the manner provided in section 14, the Minister shall, at the written request of the person who served the objection, provide that person with a copy of the report of the hearing officer and, if effect was not given to the objection, a statement of the reasons that the Minister had for not giving it effect.

• 14Notice of confirmation of intention
• 14(1)

  The Minister may confirm an intention to expropriate an interest in land or immovable real right to which a notice of intention relates, or a more limited interest or right in the land, by requesting the Attorney General of Canada to register a notice of confirmation, signed by the Minister, setting out,

• 14(1)(a)

  if the interest or right expropriated is the same as the interest or right to which the notice of intention relates, a statement that the intention to expropriate that interest or right is confirmed; or

• 14(1)(b)

  if the interest or right expropriated is a more limited interest or right than the interest or right to which the notice of intention relates, a statement that the intention to expropriate the interest or right to which the notice of intention relates is confirmed except as expressly specified in the statement.

• 14(2)Registration of notice

  On receiving from the Minister a request to register a notice of confirmation described in this section, the Attorney General of Canada shall cause the notice to be registered in the office of the registrar where the notice of intention was registered, and if the land to which the notice of confirmation relates is more limited in area than the land described in the notice of intention, shall cause a revised plan of the land to which the notice of confirmation relates to be registered therewith.

• 15Effect of registration of notice

  On the registration of a notice of confirmation,

• 15(a)

  the interest or right confirmed to be expropriated becomes and is absolutely vested in the Crown; and

• 15(b)

  any other estate, interest or right is, as against the Crown or any person claiming on behalf of or under the direction of the Crown, thereby lost to the extent that the estate, interest or right is inconsistent with the interest or right confirmed to be expropriated.

• 16Copies to be sent and offer of full compensation to be made
• 16(1)

  When a notice of confirmation has been registered, the Minister shall,

• 16(1)(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

• 16(1)(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 make to each person who is entitled to compensation under this Part, in respect of an expropriated interest or right to which the notice of confirmation relates, an offer in writing of compensation, in an amount estimated by the Minister to be equal to the compensation to which that person is then entitled under this Part in respect of that interest or right, not conditional on the provision by that person of any release or releases and without prejudice to the right of that person, if the person accepts the offer, to claim additional compensation in respect thereof.

• 16(1)(b)(i)

  90 days after the day on which the notice is registered, or

• 16(1)(b)(ii)

  30 days after the day on which the application is finally disposed of,

• 16(2)If delay in offer

  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.

• 16(3)Offer to be based on written appraisal

  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.

• 16(4)Statements to be included in copy of notice and in offer

  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.

• 17Where offer accepted

  Where an offer of compensation has been made to any person under section 16, the full amount thereof shall, forthwith on the acceptance of the offer, be paid to that person.

• 18Determination 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.

• 18(2)Hearing

  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

• 18(2)(a)

  the persons who are to be served with the notice of the hearing, the contents of the notice and the manner of service thereof;

• 18(2)(b)

  the material and information to be submitted by the Attorney General of Canada or any other persons; and

• 18(2)(c)

  such other matters as the Court considers necessary.

• 18(3)Adjudication

  After the hearing under subsection (2), the Court shall either adjudge for the purposes of this Part what persons had any estate, interest or right in the land to which the notice of confirmation relates immediately before the registration of the notice, and its nature and extent, or direct an issue or issues to be tried for the purpose of enabling the Court to make such an adjudication.

• 18(4)Effect of adjudication

  An adjudication made by the Court for the purposes of this Part is deemed to be a final judgment of the Court and, subject to variation on appeal, if any, to finally determine for all purposes of this Part what persons had any estate, interest or right in the land to which the notice of confirmation relates immediately before the registration of the notice, and its nature and extent.

• 19Right 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:

• 19(1)(a)

  at the time of the registration of the notice of confirmation, if at that time no other person who was the owner or holder of an interest or right in the land immediately before the registration of the notice of confirmation is in occupation of the land;

• 19(1)(b)

  at such time, if any, after the registration of the notice of confirmation as physical possession or use of the land to the extent of the expropriated interest or right is given up to the Crown without any notice under paragraph (c) having been sent to the persons described in that paragraph; or

• 19(1)(c)

  in any other case, at any time after the registration of the notice of confirmation that

• 19(1)(c)(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

• 19(1)(c)(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.

• 19(2)If possession by Crown urgently required

  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

• 19(2)(a)

  that there be substituted for the 90 days referred to in paragraph (1)(c) any lesser number of days that in his or her opinion the circumstances require; or

• 19(2)(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.

• 20Intention to abandon expropriation — right of election to accept or reject abandonment
• 20(1)

  If, at any time before any compensation is paid in respect of an expropriated interest or right, the Minister is of the opinion that the interest or right is not or is no longer required by the Crown for a public work or other public purpose, or that a more limited interest or right only is so required, the Minister may give notice that he or she intends to abandon the interest or right or the remainder of the interest or rights, as the case may be, by causing a copy of the notice to be sent to each of the persons mentioned in paragraph 19(1)(c), each of whom may, within 30 days after the day a copy of the notice was sent to them, serve on the Minister a notice in writing that they elect to

• 20(1)(a)

  accept the abandonment, and have the interest or right or the remainder of the interest or rights revest in them to the extent that the abandonment would operate so that the interest or right or the remainder would revest in them; or

• 20(1)(b)

  reject the abandonment.

• 20(2)If election to accept abandonment

  If each of the persons to whom a notice is sent under subsection (1) serves a notice on the Minister under that subsection that they elect to accept the abandonment, the Minister may cause a notice of abandonment of the expropriated interest or right or the remainder of the interest or rights, as the case may be, to be sent to each of those persons and to the Attorney General of Canada, who shall immediately confirm the abandonment by causing the notice to be registered in the office of the registrar where the notice of confirmation was registered.

• 21Effect of confirmation of abandonment

  If an expropriated interest or right or the remainder of the interest in land or immovable real rights is confirmed to be abandoned, the expropriated interest or right then revests in the persons from whom it was taken or the persons entitled to claim on their behalf or under their direction, or the land revests in those persons subject to the more limited interest or right in the land retained by the Crown, as the case may be.

• 22Duties of registrar

  Every registrar shall receive and permanently preserve in their office any notices and plans that the Attorney General of Canada causes to be registered under this Part, and shall endorse on the notices and plans the day, hour and minute when they were received as the time of registration and make any entries in the records or registers that will make their registration public.

• 23Notice conclusive except against Crown

  Unless questioned by the Crown,

• 23(a)

  a document purporting to be signed by the Minister shall be deemed to have been so signed;

• 23(b)

  it shall be deemed that in the opinion of the Minister required by the Crown for a public work or other public purpose; and

• 23(b)(i)

  all of the interests or rights to which a notice of intention relates are,

• 23(b)(ii)

  a more limited interest or right only to which a notice of confirmation relates is, or

• 23(b)(iii)

  an interest or right stated in a notice of abandonment to be abandoned or the remainder of the interest or rights, as the case may be, is not or is no longer,

• 23(c)

  it shall be deemed that, on being caused to be registered by the Attorney General of Canada in the office of the registrar where a notice of intention to expropriate an interest in land or immovable real right was registered, a document purporting to be a notice of confirmation of the intention to expropriate that interest or right or a more limited interest or right only in the land is a notice of confirmation of that intention then registered in accordance with this Part.

• 24Evidence of notice and registration

  A document purporting to be certified by a registrar to be a true copy of a notice or plan registered under this Part at a time stated in the certificate is, without proof of the official character or signature of the registrar, evidence of the facts stated therein and of the registration of the notice or plan at the time so stated.

• 25Right to compensation
• 25(1)

  Compensation is to be paid by the Crown to each person who, immediately before the registration of a notice of confirmation, was the owner or holder of an estate, interest or right in the land to which the notice relates, to the extent of their expropriated interest or right, the amount of which compensation is equal to the aggregate of

• 25(1)(a)

  the value of the expropriated interest or right at the time of its taking, and

• 25(1)(b)

  the amount of any decrease in value of the remaining property of the owner or holder, as determined under section 27.

• 25(2)Time as of which value to be determined

  For the purposes of this section and sections 26 and 27, the time of the taking of an expropriated interest or right is,

• 25(2)(a)

  if an election is made under subsection (3) by the owner or holder of the interest or right, the time specified by the owner or holder in their election; and

• 25(2)(b)

  in any other case, the time when the notice of confirmation was registered.

• 25(3)Election to have the value of the interest or right determined

  If no copy of a notice of confirmation was sent to a person whose name is set out in the report of the Attorney General of Canada referred to in subsection 5(2) or who served an objection on the Minister under section 9 until a time more than 90 days after the day on which the notice is registered, that person may, at any time before any compensation is paid to them in respect of any expropriated interest or right of which they were the owner or holder immediately before the registration of the notice of confirmation, elect to have the value of the interest or right determined, as specified by them in their election, at either

• 25(3)(a)

  the time when the notice of confirmation was registered; or

• 25(3)(b)

  the time when the copy of the notice of confirmation was sent to them.

• 26Rules for determining value
• 26(1)

  The rules set out in this section shall be applied in determining the value of an expropriated interest or right.

• 26(2)Market value defined

  Subject to this section, the value of an expropriated interest or right is its market value, being the amount that would have been paid for the interest or right if, at the time of its taking, it had been sold in the open market by a willing seller to a willing buyer.

• 26(3)If owner or holder required to give up occupation

  If the owner or holder of an expropriated interest or right was in occupation of any land at the time the notice of confirmation was registered and, as a result of the expropriation, it has been necessary for them to give up occupation of the land, the value of the expropriated interest or right is the greater of

• 26(3)(a)

  the market value of that interest or right determined as set out in subsection (2), and

• 26(3)(b)

  the aggregate of plus the value to the owner or holder of any element of special economic advantage to them arising out of or incidental to their occupation of the land, to the extent that no other provision is made by this paragraph for the inclusion of that element in determining the value of the expropriated interest or right.

• 26(3)(b)(i)

  the market value of that interest or right determined on the basis that the use to which the expropriated interest or right was being put at the time of its taking was its highest and best use, and

• 26(3)(b)(ii)

  the costs, expenses and losses arising out of or incidental to the owner’s or holder’s disturbance, including moving to other premises, but if those costs, expenses and losses cannot practically be estimated or determined, there may be allowed in their place a percentage, not more than 15, of the market value determined as set out in subparagraph (i),

• 26(4)If Crown has taken physical possession of land

  If the Crown has taken physical possession or made use of the land referred to in subsection (3) on the expiration of a period of notice to the owner or holder shorter than the 90 days mentioned in paragraph 19(1)(c), there shall be added to the value of the expropriated interest or right otherwise determined under this section an additional amount equal to 10 per cent of that value.

• 26(5)If specially designed building erected on land

  Despite subsection (3), if any parcel of land to which a notice of confirmation relates had any building or other structure erected on it that was specially designed for use for the purpose of a school, hospital, municipal institution or religious or charitable institution or for any similar purpose, the use of which building or other structure for that purpose by the owner or holder has been rendered impracticable as a result of the expropriation, the value of the expropriated interest or right is, if that interest or right was and, but for the expropriation, would have continued to be used for that purpose and at the time of its taking there was no general demand or market for that interest or right for that purpose, the greater of

• 26(5)(a)

  the market value of the expropriated interest or right determined as set out in subsection (2), and

• 26(5)(b)

  the aggregate of minus the amount by which the owner or holder has improved, or may reasonably be expected to improve, their position through re-establishment on other premises.

• 26(5)(b)(i)

  the cost of any reasonably alternative interest in land or immovable real right for that purpose, and

• 26(5)(b)(ii)

  the cost, expenses and losses arising out of or incidental to moving to and re-establishment on other premises, but if those costs, expenses and losses cannot practically be estimated or determined, there may instead be allowed a percentage, not exceeding 15, of the cost referred to in subparagraph (i),

• 26(6)If Crown has taken physical possession of land

  If the Crown has taken physical possession or made use of the parcel of land referred to in subsection (5) on the expiration of a period of notice to the owner or holder shorter than the 90 days mentioned in paragraph 19(1)(c), there shall be added to the value of the expropriated interest or right otherwise determined under this section an additional amount equal to 10 per cent of that value.

• 26(7)Additional factors

  For the purposes of subparagraphs (3)(b)(ii) and (5)(b)(ii), consideration shall be given to the time and circumstances in which a former owner or holder was allowed to continue in occupation of the land after the Crown became entitled to take physical possession or make use of it, and to any assistance given by the Minister to enable the former owner or holder to seek and obtain alternative premises.

• 26(8)Land used for residence

  If an expropriated interest or right was, immediately before the registration of a notice of confirmation, being used by its owner or holder for the purposes of their residence and the value of the interest or right otherwise determined under this section is less than the minimum amount sufficient to enable the owner or holder, at the earlier of to relocate their residence in or on premises reasonably equivalent to the premises expropriated, there shall be added to the value of the interest or right otherwise determined under this section the amount by which that minimum amount exceeds that value.

• 26(8)(a)

  the time of payment to them of any compensation in respect of the interest or right, otherwise than pursuant to any offer made to them under section 16, and

• 26(8)(b)

  the time when the Crown became entitled to take physical possession or make use of the land to the extent of the expropriated interest or right,

• 26(9)Moving and relocation expenses of lessee

  If an expropriated interest or right was, immediately before the registration of a notice of confirmation, owned or held by a lessee, there shall be substituted for the amount determined under subparagraph (3)(b)(ii) or (5)(b)(ii), or the amount by which the minimum amount referred to in subsection (8) exceeds the value of the interest or right referred to in the notice of confirmation otherwise determined under this section, as the case may be, any part of that amount that is appropriate having regard to

• 26(9)(a)

  the length of the term of the lease and the portion of the term remaining at the time at which the determination is relevant;

• 26(9)(b)

  any right or reasonable prospect of renewal of the term that the lessee had; and

• 26(9)(c)

  any investment in the land by the lessee and the nature of any business carried on by them on the land.

• 26(10)Land subject to security interest or real security

  If an expropriated interest or right was, immediately before the registration of a notice of confirmation, subject to an interest in land or immovable real right held by its owner or holder as security only, in this subsection called a “security interest” or, in Quebec, a “real security”,

• 26(10)(a)

  the value of the expropriated interest or right is the aggregate of less the value of each security interest or real security to which the expropriated interest or right was subject, determined as provided in paragraph (b) but as though no amount were included by virtue of subparagraph (b)(ii);

• 26(10)(a)(i)

  the value of the interest or right determined under this section as though it had not been subject to any security interest or real security, and

• 26(10)(a)(ii)

  the amount of any loss or anticipated loss to the owner or holder of the expropriated interest or right resulting from a difference in rates of interest during the remainder of the period for which any principal amount payable under the terms of the security was advanced, that difference to be calculated on the basis of an assumed rate of interest not greater than the prevailing rate of interest for an equivalent security, to the extent that no other provision is made by this section for the inclusion of an amount in respect of the loss or anticipated loss in determining the value of the expropriated interest or right,

• 26(10)(b)

  the value of the security interest or real security is the aggregate of and if the expropriated interest or right was subject to more than one security interest or real security, the value of each security interest or real security is to be determined in the order of its rank but in no case is the value of any security interest or real security to which an expropriated interest or right was subject to exceed the value of the expropriated interest or right otherwise determined under this section as though it had not been subject to any security interest or real security, less the value of each other security interest or real security the value of which is required by this subsection to be determined in accordance with its ranking; and

• 26(10)(b)(i)

  the principal amount outstanding under the terms of the security, and any interest due or accrued under those terms, at the time of the registration of the notice of confirmation, and

• 26(10)(b)(ii)

  an amount equal to three times the interest element, calculated as a monthly amount, of any payment of interest or of principal and interest payable under the terms of the security at the rate in effect under the terms of the security immediately before the registration of the notice of confirmation,

• 26(10)(c)

  if part only of the interest or a more limited right that was subject to a security interest or real security was expropriated, the value of the security interest or real security is that proportion of its value otherwise determined under this subsection as though the whole of the interest or a less limited right subject to the security interest or real security had been expropriated, that is of less the same proportion of the interest element of any payment made under the terms of the security, between the time of the registration of the notice of confirmation and the time of payment of any compensation in respect of the security interest or real security otherwise than pursuant to any offer made to its owner or holder under section 16.