Expropriations Act

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Sections98

• 1Definitions

  1 (1) In this Act, “approving authority” means the approving authority as determined under section 5; (“autorité d’approbation”) “expropriate” means the taking of land without the consent of the owner by an expropriating authority in the exercise of its statutory powers; (“exproprier”) “expropriating authority” means the Crown or any person empowered by statute to expropriate land; (“autorité expropriante”) “injurious affection” means, (a) where a statutory authority acquires part of the land of an owner, (i) the reduction in market value thereby caused to the remaining land of the owner by the acquisition or by the construction of the works thereon or by the use of the works thereon or any combination of them, and (ii) such personal and business damages, resulting from the construction or use, or both, of the works as the statutory authority would be liable for if the construction or us…

• 1.
• 2Application of Act

  2 (1) Despite any general or special Act, where land is expropriated or injurious affection is caused by a statutory authority, this Act applies. R.S.O. 1990, c. E.26, s. 2 (1). References in other Acts (2) The provisions of any general or special Act providing procedures with respect to the expropriation of land or the compensation payable for land expropriated or for injurious affection that refer to another Act shall be deemed to refer to this Act and not to the other Act. 2002, c. 17, Sched. F, Table. Application to drainage works (3) This Act does not apply to the use of or injury to land authorized under the Drainage Act for the purposes of a drainage works constructed under that Act or to any proceedings in connection therewith. R.S.O. 1990, c. E.26, s. 2 (3). Conflict (4) Where there is conflict between a provision of this Act and a provision of any other general or special Act, …

• 2.
• 3Crown bound by Act

  3 This Act binds the Crown. R.S.O. 1990, c. E.26, s. 3.

• 3.
• 4Approval of intention to expropriate

  4 (1) An expropriating authority shall not expropriate land without the approval of the approving authority. R.S.O. 1990, c. E.26, s. 4 (1). Gas storage areas excepted (2) Subsection (1) does not apply to an authorization of the Ontario Energy Board under the Ontario Energy Board Act, 1998 in respect of storage of gas in a gas storage area or to an expropriation authorized under section 99 of that Act. R.S.O. 1990, c. E.26, s. 4 (2); 1998, c. 15, Sched. E, s. 11 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 11 (1) - 7/11/1998

• 4.
• 5Approving authority

  5 (1) Subject to subsections (4), (5) and (6), the approving authority in respect of an expropriation shall be the Minister responsible for the administration of the Act in which the power to expropriate is granted, except that, (a) where a municipality or a local board thereof, other than an elected school board, expropriates lands for municipal purposes, the approving authority shall be the council of the municipality; and (b) where an elected school board expropriates lands, the approving authority shall be the school board. R.S.O. 1990, c. E.26, s. 5 (1). (2) Repealed: 1997, c. 31, s. 150. Same, private Acts (3) Where the power to expropriate is granted in a private Act, the approving authority shall be, (a) in the case of universities or other educational institutions, the Minister of Colleges and Universities; (b) in the case of hospitals or other medical or health institutions, th…

• 5.
• 6Notice of intention to expropriate

  6 (1) Upon applying for an approval under section 4, an expropriating authority shall serve a notice of its application for approval to expropriate upon each registered owner of the lands to be expropriated and shall publish the notice once a week for three consecutive weeks in a newspaper having general circulation in the locality in which the lands are situate. R.S.O. 1990, c. E.26, s. 6 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (1) of the Act is amended by striking out “once a week for three consecutive weeks in a newspaper having general circulation in the locality in which the lands are situate” at the end and substituting “in accordance with the regulations”. (See: 2024, c. 28, Sched. 8, s. 2) Notification for hearing (2) Any owner of lands in respect of which notice is given under subsection (1) who desires a hearing shall so notify t…

• 6.
• 7Hearings following notice under s. 6 (2)

  7 (1) An approving authority that receives notice under subsection 6 (2) shall refer the matter to the Tribunal for a hearing by a single member of the Tribunal. 2021, c. 4, Sched. 6, s. 48 (3). Parties (2) The parties to a hearing under this section are, (a) the expropriating authority; (b) each owner who notifies the approving authority under subsection 6 (2) that the owner desires a hearing in respect of the lands intended to be expropriated; and (c) any owner added as a party by the Tribunal whose land the Tribunal determines would be affected by the expropriation or any modification of the expropriation. 2021, c. 4, Sched. 6, s. 48 (3). Time, place and notice of hearing (3) The Tribunal shall fix a time and place for the hearing, and cause notice of the hearing to be served on each party. 2021, c. 4, Sched. 6, s. 48 (3). Notice of grounds (4) At least five days before the date fixed…

• 7.
• 7 #7Hearings following notice under s. 6 (2)
• 8Decision of approving authority

  8 (1) The approving authority shall consider every report it receives under subsection 7 (6) respecting a hearing, and shall, (a) approve the proposed expropriation; (b) not approve the proposed expropriation; or (c) approve the proposed expropriation with such modifications as the approving authority considers proper, as long as the modifications do not affect the lands of a registered owner who was not a party to the hearing. 2021, c. 4, Sched. 6, s. 48 (3). Reasons, service of decision (2) The approving authority shall give written reasons for its decision, and shall cause the decision and reasons to be served on all the parties and on the Tribunal within 90 days after the date on which the approving authority received the report. 2021, c. 4, Sched. 6, s. 48 (3). Certificate (3) The approving authority shall certify its approval in the prescribed form. 2021, c. 4, Sched. 6, s. 48 (3).…

• 8.
• 8.1Alternative process re proposed expropriations

  8.1 (1) The Lieutenant Governor in Council may make regulations, (a) establishing and governing a process for owners to provide comments respecting a proposed expropriation to the approving authority, and for the approving authority to consider those comments and make a determination respecting the proposed expropriation; and (b) providing that the process applies with respect to any or all expropriations to which this Act applies. 2021, c. 4, Sched. 5, s. 2. No hearing under s. 7 (2) If a regulation made under this section applies to a proposed expropriation, subsections 6 (2) to (5), section 7 and subsections 8 (1) and (2) do not apply to the proposed expropriation. 2021, c. 4, Sched. 5, s. 2. Regulations (3) A regulation made under subsection (1) may, (a) establish requirements that apply to a determination of an approving authority respecting a proposed expropriation, including requi…

• 9.
• 10.
• 8 #9Decision of approving authority
• 9Registration of plan

  9 (1) Where a proposed expropriation has been approved under this Act or under the Ontario Energy Board Act, 1998, the expropriating authority shall register, within three months after the granting of the approval, in the proper land registry office a plan of the land signed by the expropriating authority and by an Ontario land surveyor, and thereupon, but not otherwise, the land vests in the expropriating authority. R.S.O. 1990, c. E.26, s. 9 (1); 1998, c. 15, Sched. E, s. 11 (3). Where land required temporarily, etc. (2) Where the land is required for a limited time only or only a limited estate, right or interest therein is required, the plan registered under this section shall indicate by appropriate words thereon that the land is taken for such limited time only or that only such limited estate, right or interest therein is taken, and, by the registration in such case, the land for …

• 10Notice of expropriation

  10 (1) Where a plan has been registered under section 9 and no agreement as to compensation has been made with the owner, the expropriating authority may serve the owner, and shall serve the registered owner, within thirty days after the date of registration of the plan, with a notice of expropriation of the owner’s land, in the prescribed form, but failure to serve the notice does not invalidate the expropriation. R.S.O. 1990, c. E.26, s. 10 (1). Election of date for compensation (2) Where a plan has been registered under section 9, the registered owner may elect, by notice in writing served upon the expropriating authority, within thirty days after the owner was served with the notice under subsection (1), to have the compensation to which the owner is entitled assessed, (a) if there was a hearing under section 7, as of the date the notice of hearing was served on the owner; Note: On a…

• 11.
• 11Reparation

  11 Where land is expropriated or is injuriously affected by a statutory authority, the statutory authority may, before the compensation is agreed upon or determined, undertake to make alterations or additions or to construct additional work or to grant other lands, in which case, the compensation shall be determined having regard to such undertaking, and, if the undertaking has not already been carried out, the Tribunal may declare that, in addition to the compensation determined, if any, the owner is entitled to have such alteration or addition made or such additional work constructed or such grant made to the owner. R.S.O. 1990, c. E.26, s. 11; 2017, c. 23, Sched. 5, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 29 - 03/04/2018

• 12.
• 12Gas storage areas

  12 Section 38 of the Ontario Energy Board Act, 1998 applies in respect of the use of designated gas storage areas. R.S.O. 1990, c. E.26, s. 12; 1998, c. 15, Sched. E, s. 11 (5). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 11 (5) - 7/11/1998

• 13.
• 13Compensation

  13 (1) Where land is expropriated, the expropriating authority shall pay the owner such compensation as is determined in accordance with this Act. R.S.O. 1990, c. E.26, s. 13 (1). Same (2) Where the land of an owner is expropriated, the compensation payable to the owner shall be based upon, (a) the market value of the land; (b) the damages attributable to disturbance; (c) damages for injurious affection; and (d) any special difficulties in relocation, but, where the market value is based upon a use of the land other than the existing use, no compensation shall be paid under clause (b) for damages attributable to disturbance that would have been incurred by the owner in using the land for such other use. R.S.O. 1990, c. E.26, s. 13 (2).

• 14.
• 14Market value

  14 (1) The market value of land expropriated is the amount that the land might be expected to realize if sold in the open market by a willing seller to a willing buyer. R.S.O. 1990, c. E.26, s. 14 (1). Same (2) Where the land expropriated is devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, and the owner genuinely intends to relocate in similar premises, the market value shall be deemed to be the reasonable cost of equivalent reinstatement. R.S.O. 1990, c. E.26, s. 14 (2). Same (3) Where only part of the land of an owner is taken and such part is of a size, shape or nature for which there is no general demand or market, the market value and the injurious affection caused by the taking may be determined by determining the market value of the whole of the owner’s land and deducting therefrom the market value of the owner’s land after…

• 15.
• 15Increase by Tribunal

  15 Upon application therefor, the Tribunal shall, by order, after fixing the market value of lands used for residential purposes of the owner under subsection 14 (1), award such additional amount of compensation as, in the opinion of the Tribunal, is necessary to enable the owner to relocate his or her residence in accommodation that is at least equivalent to the accommodation expropriated. 2017, c. 23, Sched. 5, s. 31. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 31 - 03/04/2018

• 15 #15Increase by Tribunal
• 16.
• 16Separate interests

  16 Where there are more separate interests than one in land, other than the interest of a security holder or a vendor under an agreement for sale, the market value of each such separate interest shall be valued separately. R.S.O. 1990, c. E.26, s. 16. Interests of security holders

• 17.
• 17Definition

  17 (1) In this section, “bonus” means the amount by which the amount secured under a mortgage exceeds the amount actually advanced. R.S.O. 1990, c. E.26, s. 17 (1). Determining value (2) Where land is subject to a security interest, (a) the value of the interest of the security holder shall be determined in accordance with this section and section 20 and not otherwise; and (b) the market value of the land shall be determined without regard to the interest of the security holder and the amount of such market value plus any damages for injurious affection shall stand in place of the land for the purposes of the security. R.S.O. 1990, c. E.26, s. 17 (2). Payment out of market value (3) Security holders shall be paid the amount of principal and interest outstanding against the security out of the market value of the land and any damages for injurious affection payable in respect of the land …

• 18.
• 18Owner other than tenant

  18 (1) The expropriating authority shall pay to an owner other than a tenant, in respect of disturbance, such reasonable costs as are the natural and reasonable consequences of the expropriation, including, (a) where the premises taken include the owner’s residence, (i) an allowance to compensate for inconvenience and the cost of finding another residence of 5 per cent of the compensation payable in respect of the market value of that part of the land expropriated that is used by the owner for residential purposes, provided that such part was not being offered for sale on the date of the expropriation, and (ii) an allowance for improvements the value of which is not reflected in the market value of the land; (b) where the premises taken do not include the owner’s residence, the owner’s costs of finding premises to replace those expropriated, provided that the lands were not being offered…

• 19.
• 19Business loss

  19 (1) Where a business is located on the land expropriated, the expropriating authority shall pay compensation for business loss resulting from the relocation of the business made necessary by the expropriation and, unless the owner and the expropriating authority otherwise agree, the business losses shall not be determined until the business has moved and been in operation for six months or until a three-year period has elapsed, whichever occurs first. R.S.O. 1990, c. E.26, s. 19 (1). Good will (2) The Tribunal may, in determining compensation on the application of the expropriating authority or an owner, include an amount not exceeding the value of the good will of a business where the land is valued on the basis of its existing use and, in the opinion of the Tribunal, it is not feasible for the owner to relocate. 2017, c. 23, Sched. 5, s. 32. Section Amendments with date in force (d/…

• 20.
• 20Prepayment of mortgage

  20 Where a statutory authority prepays a mortgage in whole or in part, the statutory authority, (a) shall pay to the mortgagee a bonus in respect of the prepayment amounting to, (i) three months interest on the amount of principal prepaid at the rate of 6 per cent a year or at such other rate as is prescribed by the Lieutenant Governor in Council by regulation, or (ii) the value of any notice or bonus for prepayment provided for in the mortgage, whichever is the lesser; (b) shall pay to the mortgagee where, (i) the prevailing interest rate for an equivalent investment is lower than the rate under the mortgage, and (ii) there is no provision in the mortgage permitting prepayment at the date of the expropriation, an amount to compensate for the difference in the interest rates for the period for which the amount of principal prepaid has been advanced, not to exceed five years; and (c) shal…

• 21.
• 21Compensation for injurious affection

  21 A statutory authority shall compensate the owner of land for loss or damage caused by injurious affection. R.S.O. 1990, c. E.26, s. 21.

• 22.
• 22Claim for compensation for injurious affection

  22 (1) Subject to subsection (2), a claim for compensation for injurious affection shall be made by the person suffering the damage or loss in writing with particulars of the claim within one year after the damage was sustained or after it became known to the person, and, if not so made, the right to compensation is forever barred. R.S.O. 1990, c. E.26, s. 22 (1). Same, minor or incapable person (2) Where the person who is injuriously affected is a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian, the claim for compensation shall be made within one year after he or she ceased to be a minor or incapable or, in the case of death while a minor or incapable, within one year after his or her death, and, if not so made, the right to compensation is forever barred. R.S.O. 1990, c. E.26, s. 22 (2); 2009, c. 33, Sched. 2…

• 23.
• 23Set-off against damages

  23 The value of any advantage to the land or remaining land of an owner derived from any work for which land was expropriated or by which land was injuriously affected shall be set off only against the amount of the damages for injurious affection to the owner’s land or remaining lands. R.S.O. 1990, c. E.26, s. 23.

• 24.
• 24Agreements

  24 A statutory authority has the authority to make and perform an agreement with an owner in respect of any claim of the owner under this Act, including any costs of the owner despite the fact that this Act requires the claim to be determined by the Tribunal. R.S.O. 1990, c. E.26, s. 24; 2017, c. 23, Sched. 5, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 29 - 03/04/2018

• 25.
• 25Offer

  25 (1) Where no agreement as to compensation has been made with the owner, the expropriating authority shall, within three months after the registration of a plan under section 9 and before taking possession of the land, (a) serve upon the registered owner, (i) an offer of an amount in full compensation for the registered owner’s interest, and (ii) where the registered owner is not a tenant, a statement of the total compensation being offered for all interests in the land, excepting compensation for business loss for which the determination is postponed under subsection 19 (1); and (b) offer the registered owner immediate payment of 100 per cent of the amount of the market value of the owner’s land as estimated by the expropriating authority, and the payment and receipt of that sum is without prejudice to the rights conferred by this Act in respect of the determination of compensation an…

• 26.
• 26Application, if compensation not agreed to

  26 (1) If the statutory authority and the owner do not agree on the compensation payable under this Act, the statutory authority or the owner may, subject to subsection (2), apply to the Tribunal for the determination of compensation by way of a hearing or as otherwise provided for under the Ontario Land Tribunal Act, 2021. 2021, c. 4, Sched. 6, s. 48 (6). Same (2) Subsection (1) applies, (a) in the case of injurious affection, if section 22 has been complied with; or (b) in the case of expropriation, if section 25 has been complied with or the time for complying with it has expired. 2021, c. 4, Sched. 6, s. 48 (6). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 29 - 03/04/2018 2021, c. 4, Sched. 6, s. 48 (6) - 01/06/2021

• 27.
• 27Repealed

  27 Repealed: 2021, c. 4, Sched. 6, s. 48 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 33 (2) - 15/12/2009 2017, c. 23, Sched. 5, s. 29 - 03/04/2018 2019, c. 7, Sched. 17, s. 71 - 01/07/2019 2021, c. 4, Sched. 6, s. 48 (6) - 01/06/2021

• 28.
• 28Repealed

  28 Repealed: 2021, c. 4, Sched. 6, s. 48 (6). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 29 - 03/04/2018 2021, c. 4, Sched. 6, s. 48 (6) - 01/06/2021

• 29.
• 26 #29Application, if compensation not agreed to
• 29Duties of Tribunal on application

  29 The Tribunal shall determine any compensation in respect of which an application is made under section 26 and, in the absence of an agreement made under section 24, shall determine any other matter required by this or any other Act to be determined by the Tribunal. 2021, c. 4, Sched. 6, s. 48 (7). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 33 - 03/04/2018 2021, c. 4, Sched. 6, s. 48 (7) - 01/06/2021

• 30.
• 29 #30Duties of Tribunal
• 30Application, if no expropriation

  30 (1) If the owner of land consents to the acquisition of the land by a statutory authority, the statutory authority or the owner, with the consent of the other, may apply to the Tribunal for the determination of the compensation to which the owner would be entitled by this Act if the land were expropriated, and the Tribunal may determine the compensation. 2021, c. 4, Sched. 6, s. 48 (7). Same (2) For the purposes of subsection (1), the compensation shall be assessed as of the date on which the consent to the acquisition is given, subject to any agreement of the parties. 2021, c. 4, Sched. 6, s. 48 (7). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 29 - 03/04/2018 2021, c. 4, Sched. 6, s. 48 (7) - 01/06/2021

• 31.
• 31Appeals

  31 (1) A decision or order of the Tribunal under this Act may be appealed to the Divisional Court within six weeks from the day the decision or order was served on the parties, on a question of law or fact or both. 2021, c. 4, Sched. 6, s. 48 (7). Extension of time for appeal (2) A judge of the Divisional Court may extend the time for appeal for such period as the judge considers proper. 2021, c. 4, Sched. 6, s. 48 (7). Powers of Court (3) On an appeal under subsection (1), the Divisional Court may, (a) refer any matter back to the Tribunal; or (b) make any decision or order that the Tribunal has power to make. 2021, c. 4, Sched. 6, s. 48 (7). Non-application (4) For greater certainty, this section does not apply with respect to any determination of the Tribunal under section 7. 2021, c. 4, Sched. 6, s. 48 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 33 (3…

• 32.
• 32Costs

  32 (1) Where the amount to which an owner is entitled upon an expropriation or claim for injurious affection is determined by the Tribunal and the amount awarded by the Tribunal is 85 per cent, or more, of the amount offered by the statutory authority, the Tribunal shall make an order directing the statutory authority to pay the reasonable legal, appraisal and other costs actually incurred by the owner for the purposes of determining the compensation payable, and may fix the costs in a lump sum or may order that the determination of the amount of such costs be referred to an assessment officer who shall assess and allow the costs in accordance with this subsection and the tariffs and rules prescribed under clause 44 (d). 2017, c. 23, Sched. 5, s. 35. Same (2) Where the amount to which an owner is entitled upon an expropriation or claim for injurious affection is determined by the Tribuna…

• 33.
• 29 #33Duties of Tribunal on application
• 33Interest

  33 (1) Subject to subsection 25 (4), the owner of lands expropriated is entitled to be paid interest on the portion of the market value of the owner’s interest in the land and on the portion of any allowance for injurious affection to which the owner is entitled, outstanding from time to time, at the rate of 6 per cent a year calculated from the date the owner ceases to reside on or make productive use of the lands. R.S.O. 1990, c. E.26, s. 33 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 33 (1) of the Act is amended by striking out “at the rate of 6 per cent a year” and substituting “at the prescribed annual rate”. (See: 2021, c. 4, Sched. 5, s. 4 (1)) Variation of interest (2) Subject to subsection (3), where the Tribunal is of the opinion that any delay in determining the compensation is attributable in whole or in part to the owner, it may ref…

• 34.
• 32 #34Costs
• 34Abatement of rent

  34 (1) Subject to subsection (2), where only part of the interest of a lessee is expropriated, the lessee’s obligation to pay rent under the lease shall be abated proportionately, as determined by the Tribunal. R.S.O. 1990, c. E.26, s. 34 (1); 2017, c. 23, Sched. 5, s. 29. Frustration of lease (2) Where all the interest of a lessee in land is expropriated or where part of the lessee’s interest is expropriated and the expropriation renders the remaining part of the lessee’s interest unfit for the purposes of the lease, as determined by the Tribunal, the lease shall be deemed to be frustrated from the date of the expropriation. R.S.O. 1990, c. E.26, s. 34 (2); 2017, c. 23, Sched. 5, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 29 - 03/04/2018

• 35.
• 30 #35Application, if no expropriation
• 35Character of compensation

  35 Where land has been expropriated, the compensation stands in the stead of the land, and any claim to or encumbrance on the land is, as respects the expropriating authority, converted into a claim to or upon the compensation and no longer affects the land. R.S.O. 1990, c. E.26, s. 35.

• 36.
• 36Payment of compensation not exceeding $1,000

  36 Where the owner who is entitled to convey the land that has been expropriated or injuriously affected and the statutory authority agree as to the compensation or the compensation has been determined and in either case it does not exceed $1,000, the statutory authority may pay the compensation to the owner who is entitled to convey the land, saving always the rights of any other person to the compensation as against the person receiving it, and such payment discharges the statutory authority from all liability in respect of the compensation. R.S.O. 1990, c. E.26, s. 36.

• 37.
• 31 #37Appeals
• 37Representative

  37 Where an owner of the land is unknown, is under a disability or for any other reason is not represented, a judge may, after due notice to the persons interested, appoint a person to represent such owner for any of the purposes of this Act, and any action of a person so appointed is binding on the person whom the person appointed represents. R.S.O. 1990, c. E.26, s. 37. Compensation paid into court

• 38.
• 38Payment into court

  38 (1) In any case where the statutory authority considers it advisable, it may without an order, pay the compensation agreed upon or determined into the office of the Accountant of the Superior Court of Justice together with a sum equal to the interest thereon at the rate of 6 per cent a year for six months. R.S.O. 1990, c. E.26, s. 38 (1); 2002, c. 18, Sched. A, s. 9 (6). Payment out of court (2) Upon an application for payment out of court of compensation paid into court, a judge may direct that such notice of the application be given by publication or otherwise as the judge considers proper and may direct the trial of an issue or make such order with respect to the payment out of court of compensation and as to costs as the judge considers reasonable. R.S.O. 1990, c. E.26, s. 38 (2). Adjustment of interest (3) Where an order is obtained under subsection (2) in less than six months af…

• 39.
• 39Possession of expropriated land

  39 (1) Where land that has been expropriated is vested in an expropriating authority and the expropriating authority has served the registered owner with a notice that it requires possession of the land on the date specified therein, the expropriating authority, subject to any agreement to the contrary and if no application is made under subsection (3), shall take possession of the land on the date specified in the notice. R.S.O. 1990, c. E.26, s. 39 (1). Date for possession (2) Subject to subsection (3), the date for possession shall be at least three months after the date of the serving of the notice of possession. R.S.O. 1990, c. E.26, s. 39 (2). Application for adjustment of date of possession (3) A registered owner or an expropriating authority may, upon such notice as the judge may direct, apply to a judge for an adjustment of the date for possession specified in the notice of poss…

• 40.
• 40Warrant to put down resistance to entry, etc.

  40 (1) Where resistance or opposition is made to the expropriating authority or any person authorized by it in entering upon, using or taking possession of land when it is entitled so to do, it may apply to a judge for a warrant directing the sheriff to put down the resistance or opposition. R.S.O. 1990, c. E.26, s. 40 (1). Hearing (2) The judge shall, in writing, appoint a time and place for the hearing of the application and in the appointment may direct that it shall be served upon such person as the judge may prescribe. R.S.O. 1990, c. E.26, s. 40 (2). Issue of warrant (3) On proof of the resistance or opposition, the judge may issue a warrant. R.S.O. 1990, c. E.26, s. 40 (3). Return (4) The sheriff shall forthwith execute the warrant and make a return to the judge of the execution thereof. R.S.O. 1990, c. E.26, s. 40 (4).

• 41.
• 41Abandonment of expropriated land

  41 (1) Where, at any time before the compensation upon an expropriation is paid in full, the land or any part thereof is found to be unnecessary for the purposes of the expropriating authority or if it is found that a more limited estate or interest therein only is required, the expropriating authority shall so notify each owner of the abandoned land, or estate or interest, who is served or entitled to be served with the notice of expropriation, who may, by election in writing, (a) take the land, estate or interest back, in which case the owner has the right to compensation for consequential damages; or (b) require the expropriating authority to retain the land, estate or interest, in which case the owner has the right to full compensation therefor. R.S.O. 1990, c. E.26, s. 41 (1). Revesting (2) Where all the owners elect to take the land, estate or interest back under clause (1) (a), th…

• 42.
• 42Disposal of expropriated lands

  42 Where lands that have been expropriated and are in the possession of the expropriating authority are found by the expropriating authority to be no longer required for its purposes, the expropriating authority shall not, without the approval of the approving authority, dispose of the lands without giving the owners from whom the land was taken the first chance to repurchase the lands on the terms of the best offer received by the expropriating authority. R.S.O. 1990, c. E.26, s. 42.

• 43.
• 43Time for application

  43 Any application to set aside or quash any proceeding or step taken under this Act shall be made within thirty days after the proceeding or step in respect of which the application is made, but this section does not apply where the applicant was entitled to and not given notice of the proceeding or step or where the proceeding or step was a nullity. R.S.O. 1990, c. E.26, s. 43.

• 44.
• 44Regulations

  44 The Lieutenant Governor in Council may make regulations, (0.a) providing for and governing circumstances in which costs shall not be recommended or ordered to be paid under subsection 7 (7); (0.a.1) specifying a maximum costs amount for the purposes of subsection 7 (8), including providing for different maximum costs amounts in respect of different classes of hearings; (a) prescribing rates of interest for the purposes of section 20; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 44 (a) of the Act is repealed and the following substituted: (See: 2021, c. 4, Sched. 5, s. 5) (a) prescribing rates of interest for the purposes of sections 20 and 33, or methods for determining them; (b) prescribing forms for the purposes of this Act and providing for their use; (c) Repealed: 2021, c. 4, Sched. 6, s. 48 (10). (d) prescribing tariffs of costs and rules to be ap…