GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Expropriation Act — E-21 11
Confirmation or abandonment of intention 11 (1) Where a notice of intention has been given, the Minister may (a) confirm the intention, in the manner provided in section 14, (i) if no objection is filed with him under section 9 within the period of thirty days referred to in that section, (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 (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 (b) abandon the intention. Idem (2) 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. If more limited interest or right only required (3) 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. R.S., 1985, c. E-21, s. 11; 2011, c. 21, s. 134
Expropriation Act — E-21 12
Notice 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 (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 (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. Right of owner or holder if abandonment of intention (2) 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. R.S., 1985, c. E-21, s. 12; 2011, c. 21, s. 135
Expropriation Act — E-21 13
Copy of report and reasons to be sent on request 13 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. R.S., 1985, c. E-21, s. 13; 2011, c. 21, s. 135
Expropriation Act — E-21 14
Notice 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, (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 (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. Registration of notice (2) 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. R.S., 1985, c. E-21, s. 14; 2011, c. 21, s. 136
Expropriation Act — E-21 15
Effect of registration of notice 15 On the registration of a notice of confirmation, (a) the interest or right confirmed to be expropriated becomes and is absolutely vested in the Crown; and (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. R.S., 1985, c. E-21, s. 15; 2011, c. 21, s. 137
Expropriation Act — E-21 16
Copies to be sent and offer of full compensation to be made 16 (1) When a notice of confirmation has been registered, the Minister shall, (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 (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 (i) 90 days after the day on which the notice is registered, or (ii) 30 days after the day on which the application is finally disposed 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. If delay in offer (2) 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. Offer to be based on written appraisal (3) 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. Statements to be included in copy of notice and in offer (4) 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. R.S., 1985, c. E-21, s. 16; 2011, c. 21, s. 137
Expropriation Act — E-21 17
Where offer accepted 17 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. R.S., c. 16(1st Supp.), s. 15
Expropriation Act — E-21 18
Determination 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. Hearing (2) 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 (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; (b) the material and information to be submitted by the Attorney General of Canada or any other persons; and (c) such other matters as the Court considers necessary. Adjudication (3) 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. Effect of adjudication (4) 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. R.S., 1985, c. E-21, s. 18; 2011, c. 21, s. 138
Expropriation Act — E-21 19
Right 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: (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; (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 (c) in any other case, at any time after the registration of the notice of confirmation that (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 (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. If possession by Crown urgently required (2) 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 (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 (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. R.S., 1985, c. E-21, s. 19; 2011, c. 21, s. 139
Expropriation Act — E-21 20
Intention 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 (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 (b) reject the abandonment. If election to accept abandonment (2) 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. R.S., 1985, c. E-21, s. 20; 2011, c. 21, s. 139
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Effect of confirmation of abandonment 21 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. R.S., 1985, c. E-21, s. 21; 2011, c. 21, s. 139
Expropriation Act — E-21 22
Duties of registrar 22 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. R.S., 1985, c. E-21, s. 22; 2011, c. 21, s. 140(E)
Expropriation Act — E-21 23
Notice conclusive except against Crown 23 Unless questioned by the Crown, (a) a document purporting to be signed by the Minister shall be deemed to have been so signed; (b) it shall be deemed that (i) all of the interests or rights to which a notice of intention relates are, (ii) a more limited interest or right only to which a notice of confirmation relates is, or (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, in the opinion of the Minister required by the Crown for a public work or other public purpose; and (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. R.S., 1985, c. E-21, s. 23; 2011, c. 21, s. 141
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Evidence of notice and registration 24 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. R.S., c. 16(1st Supp.), s. 22
Expropriation Act — E-21 25
Right 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 (a) the value of the expropriated interest or right at the time of its taking, and (b) the amount of any decrease in value of the remaining property of the owner or holder, as determined under section 27. Time as of which value to be determined (2) For the purposes of this section and sections 26 and 27, the time of the taking of an expropriated interest or right is, (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 (b) in any other case, the time when the notice of confirmation was registered. Election to have the value of the interest or right determined (3) 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 (a) the time when the notice of confirmation was registered; or (b) the time when the copy of the notice of confirmation was sent to them. R.S., 1985, c. E-21, s. 25; 2011, c. 21, s. 142
Expropriation Act — E-21 27
Decrease in value of remaining property where severance 27 (1) The amount of the decrease in value, if any, of the remaining property of an owner or holder is the value of all of their interests in land or immovable real rights immediately before the time of the taking of the expropriated interest or right, determined as provided in section 26, minus the aggregate of (a) the value of the expropriated interest or right, and (b) the value of all their remaining interests in land or immovable real rights immediately after the time of the taking of the expropriated interest or right. Factors to consider in determining change in value of remaining property (2) For the purpose of paragraph (1)(b), the value of the owner’s or holder’s remaining interests in land or immovable real rights immediately after the time of the taking of the expropriated interest or right is to be determined as provided in section 26, except that, in determining that value, account is to be taken of any increase or decrease in the value of any remaining interests in land or immovable real rights that immediately before the registration of the notice of confirmation were held by the owner or holder together with the expropriated interest or right, resulting from the construction or use or anticipated construction or use of any public work on the land to which the notice relates or from the use or anticipated use of that land for any public purpose. R.S., 1985, c. E-21, s. 27; 2011, c. 21, s. 142
Expropriation Act — E-21 28
Additional factors to be taken into account 28 (1) The fact of (a) an abandonment or revesting under this Part of an interest in land or an immovable real right or of the remainder of the interest or rights, or (b) any undertaking given on behalf of the Crown by the Minister, or by any other person within the scope of the Minister’s authority, to make any alteration, construct any work or grant or concede or transfer any other land or interest in land or immovable real right, shall be taken into account, in connection with all other circumstances of the case, in determining the amount to be paid to any person claiming compensation for an expropriated interest or right. Compensation payable if intention to expropriate abandoned (2) If an intention to expropriate an interest in land or immovable real right or the remainder of the interest or rights has been abandoned, the compensation payable by the Crown to its owner or holder is the amount of any actual loss sustained by the owner or holder, after the time when the notice of intention was registered and before the time when the abandonment of the intention, or the intention to expropriate a more limited interest or right, as the case may be, was confirmed, in consequence of the registration (a) of the notice of intention, if the intention to expropriate the interest or right has been abandoned; or (b) of the notice of intention in so far as that notice relates to the remainder of the interest or rights, if the intention to expropriate the remainder has been abandoned. Application of sections 31 and 32 (3) In relation to the compensation described in subsection (2), the provisions of sections 31 and 32 apply with such modifications as the circumstances require, and as though for the reference in paragraph 31(1)(a) to “the registration of the notice of confirmation” there were substituted a reference to the confirmation of the abandonment of the intention. R.S., 1985, c. E-21, s. 28; 2011, c. 21, s. 143
Expropriation Act — E-21 29
Legal, appraisal and other costs to be paid by Crown 29 (1) The Crown shall pay to each person entitled to compensation under this Part an amount equal to the legal, appraisal and other costs reasonably incurred by him in asserting a claim for that compensation, except any of those costs incurred after the institution of any proceedings under sections 31 and 32. Taxing (2) The costs provided for in subsection (1) may be taxed by the official responsible for taxing costs in the Court. R.S., c. 16(1st Supp.), s. 27