GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Expropriation Act — E-21 30
Notice to negotiate settlement of compensation payable 30 (1) If, after an offer of compensation in respect of an expropriated interest or right has been made under section 16 to any person entitled to compensation, that person and the Minister are unable to agree on the amount of the compensation, either the person or the Minister may, within 60 days after the day on which the offer is made, serve on the other a notice to negotiate settlement of the compensation to which the person is then entitled. Stay of proceedings (2) If a notice has been served as provided in subsection (1), no proceedings under sections 31 and 32 are to be instituted, or if instituted are to be proceeded with, by or on behalf of either the person entitled to compensation or the Attorney General of Canada in respect of the expropriation, until the expiration of 60 days after the day on which the notice is served, unless before the expiration of those 60 days the negotiator to whom the matter is referred under subsection (4) has made a report to the Minister that he or she has been unable to effect a settlement and has sent a copy of the report to the person entitled to compensation. Appointment of negotiators; remuneration, etc. (3) The Governor in Council, on the recommendation of the Attorney General of Canada, may appoint one or more suitable persons, who are not persons employed in the public service as defined in subsection 3(1) of the Public Service Superannuation Act , to act as negotiators for the purposes of this section, and may fix and authorize payment of the remuneration and expenses to be paid to those persons for any period while they are so acting. Reference to negotiator (4) Immediately after any notice to negotiate is served on the Minister or a person entitled to compensation in accordance with this section, the Minister shall refer the matter to a negotiator appointed under subsection (3) who shall, on reasonable notice to that person and the Minister, meet with them or their authorized representatives, make any inspection of the land that he or she deems necessary, receive and consider any appraisals, valuations or other written or oral evidence submitted to him or her on which either the person or the Minister relies for his or her estimation of the amount of the compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement of the compensation payable. Report of negotiator (5) The negotiator shall, within 60 days after the day on which the notice to negotiate is served, report to the Minister his or her success or failure in the matter of the negotiation, and shall thereupon send a copy of his or her report to the person entitled to compensation. Statements in course of negotiation (6) Evidence of anything said or of any admission made in the course of a negotiation under this section is not admissible in any proceedings before a court for the recovery or determination of the compensation payable to the person entitled to it. R.S., 1985, c. E-21, s. 30; 2003, c. 22, s. 225(E); 2011, c. 21, s. 144
Expropriation Act — E-21 31
Proceedings to determine compensation 31 (1) Subject to section 30, (a) a person entitled to compensation in respect of an expropriated interest or right may, (i) at any time after the registration of the notice of confirmation, if no offer under section 16 has been accepted by him, and (ii) within one year after the acceptance of the offer, in any other case, commence proceedings in the Court by statement of claim for the recovery of the amount of the compensation to which he is then entitled; or (b) the Attorney General of Canada may at any time after the registration of the notice of confirmation, whether or not proceedings under paragraph (a) have been commenced, file a notice in the matter in the Court setting out (i) the particulars of the expropriation in relation to any parcel of land to which the notice of confirmation relates, (ii) the names, so far as they have been ascertained, of each of the persons entitled to compensation in respect of an expropriated interest or right and the names of the persons who are to be parties to the proceedings, (iii) the amount of any offer made under section 16 to any of the persons who are to be parties to the proceedings, and (iv) such further facts as appear to be relevant. Notice filed in Court (2) A notice filed in the Court under subsection (1) shall be deemed to commence an action or suit, involving the persons stated therein to be parties to the proceedings, for the final determination of the compensation payable or any other matter or issue arising out of the registration of the notice of confirmation. R.S., 1985, c. E-21, s. 31; 2011, c. 21, s. 145
Expropriation Act — E-21 32
Statement of claim 32 (1) Each person stated in a notice filed in the Court under subsection 31(1) to be a party to the proceedings shall, within a period of thirty days after the day the notice is served on him or within such further time as the Court or a judge thereof may allow either before or after the expiration of that period, serve on the Attorney General of Canada and file in the Court a statement of claim in the proceedings. Statement of defence (2) The Attorney General of Canada shall, within a period of thirty days after the day on which a statement of claim referred to in subsection (1) was served on him, or, if more than one such statement was served on him, the latest day on which any of those statements was served on him, or within such further time as the Court or a judge thereof may allow either before or after the expiration of that period, serve on each person serving a statement of claim and file in the Court a statement of defence or answer thereto. Procedure (3) Subject to this section and section 31, an action or suit commenced as described in subsection 31(2) shall be proceeded with in accordance with the Rules and Orders of Practice and Procedure before the Court and as if the proceedings had been commenced by statement of claim filed by a person stated in a notice filed in the Court under subsection 31(1) to be a party to the proceedings. Where application under section 18 pending (4) Where an application has been made under section 18 and, at the time any proceedings arising out of the expropriation to which the application relates are commenced by statement of claim as described in paragraph 31(1)(a), the application has not been finally disposed of, the proceedings shall be stayed until the application is finally disposed of. Judgment as bar to further claims (5) A judgment, whether by consent, default or otherwise, in any proceedings under this section or section 31 bars all further claims of the parties and of any persons claiming on their behalf or under their direction, including any claim in respect of dower or of dower not yet open or in respect of any mortgage, hypothec or other right, and the Court shall declare the amount of compensation payable and make any order for the distribution, payment or investment of any compensation money, and for the securing of the rights of all persons interested, that may be necessary. R.S., 1985, c. E-21, s. 32; 2011, c. 21, s. 146
Expropriation Act — E-21 33
Character of compensation 33 (1) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of an expropriated interest or right stands in lieu of the interest or right. Effect of payment in case of security interest or real security (2) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of a security interest or real security described in subsection 26(10) is, for all purposes as between the owner or holder of the interest or right, subject to the security interest or real security and the owner or holder of the security interest or real security, to be deemed to discharge any liability, under the terms of the security, of the owner or holder of the interest or right, subject to the security interest or real security, to the extent of the compensation so agreed or adjudged to be payable, and, if any amount or proportion of any amount described in subparagraph 26(10)(b)(ii) is included in the compensation, to be in full satisfaction of any notice or bonus required under the terms of the security in respect of its prepayment resulting from the expropriation. R.S., 1985, c. E-21, s. 33; 2011, c. 21, s. 147
Expropriation Act — E-21 34
Crown in position of purchaser 34 If any compensation in respect of an expropriated interest or right has been paid to a person of whose right to claim compensation the Crown had notice at the time of payment, no compensation is payable to another person, whether that other person’s interest or right is derived from the person to whom compensation has been paid or otherwise, if under the law of the province in which the land is situated the interest or right giving rise to the claim to compensation of that other person would have been void or, in Quebec, null or unenforceable against the Crown had the Crown, at the time the notice of intention was registered, been a purchaser of the expropriated interest or right. R.S., 1985, c. E-21, s. 34; 2011, c. 21, s. 147
Expropriation Act — E-21 35
Set-off and recovery of excess compensation 35 If any compensation has been paid to a person in respect of an expropriated interest or right pursuant to an offer made to them under section 16, the amount so paid to that person is to be deducted from the amount of the compensation adjudged by the Court under this Part to be payable to them in respect of that interest or right, and when the paid amount exceeds the amount so adjudged to be payable, the excess constitutes a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction. R.S., 1985, c. E-21, s. 35; 2011, c. 21, s. 147
Expropriation Act — E-21 35.1
Exception 35.1 (1) Notwithstanding any other provision of this Act, any dispute as to the compensation payable in respect of an expropriated interest in land described in subsection 4(4) or (5) may be heard and determined only by the Yukon Surface Rights Board under and in accordance with the Yukon Surface Rights Board Act . Provisions applicable (2) Subsection 16(2) and sections 33, 35 and 36 apply, with such modifications as the circumstances require, in respect of compensation determined by the Yukon Surface Rights Board as if that compensation were compensation adjudged by the Court. 1994, c. 43, s. 86
Expropriation Act — E-21 36
Definitions 36 (1) In this section, basic rate means a rate determined in the manner prescribed by any order made from time to time by the Governor in Council for the purposes of this section, being not less than the average yield, determined in the manner prescribed by that order, from Government of Canada treasury bills; ( taux de base ) compensation means the amount adjudged by the Court under this Part to be payable in respect of an expropriated interest or right; ( indemnité ) date of possession means the day on which the Crown became entitled to take physical possession or make use of the land to which a notice of confirmation relates; ( date de la possession ) date of the offer means the day on which an offer was accepted; ( date de l’offre ) offer means an offer under section 16. ( offre ) Interest payable by Crown (2) Interest is payable by the Crown at the basic rate on the compensation, from the date of possession to the date judgment is given, except where an offer has been accepted. Interest payable where offer accepted (3) Where an offer has been accepted, interest is payable by the Crown from the date of the offer to the date judgment is given, (a) at the basic rate on the amount by which the compensation exceeds the amount of the offer, and (b) in addition, at the rate of five per cent per annum on the compensation, if the amount of the offer is less than ninety per cent of the compensation, and where an offer has been accepted after the date of possession, interest is payable at the basic rate on the compensation, from the date of possession to the date of the offer. Additional interest where delay in offer (4) Where an offer is not made until after the expiration of the applicable period described in paragraph 16(1)(b) for the making of the offer, interest, in addition to any interest payable under subsection (2) or (3), is payable by the Crown at the rate of five per cent per annum on the compensation, from the expiration of that period to the day on which an offer is made. Discretion of Court where delay (5) Where the Court is of opinion that any delay in the final determination of the compensation is attributable in whole or in part to any person entitled thereto, or that the person has failed to deliver up possession within a reasonable time after demand, the Court may, for the whole or any part of any period for which he would otherwise be entitled to interest, refuse to allow him interest, except that the Court shall not so refuse by reason only that an offer made to him was not accepted. R.S., 1985, c. E-21, s. 36; 2011, c. 21, s. 148
Expropriation Act — E-21
basic rate means a rate determined in the manner prescribed by any order made from time to time by the Governor in Council for the purposes of this section, being not less than the average yield, determined in the manner prescribed by that order, from Government of Canada treasury bills; ( taux de base )
Expropriation Act — E-21
compensation means the amount adjudged by the Court under this Part to be payable in respect of an expropriated interest or right; ( indemnité )
Expropriation Act — E-21
date of possession means the day on which the Crown became entitled to take physical possession or make use of the land to which a notice of confirmation relates; ( date de la possession )
Expropriation Act — E-21
date of the offer means the day on which an offer was accepted; ( date de l’offre )
Expropriation Act — E-21
offer means an offer under section 16. ( offre )
Expropriation Act — E-21 37
Entry for inspection appraisal 37 (1) If a notice of intention has been registered, any person authorized in writing in that behalf by the Minister may, at any reasonable time on notice to a person in occupation of the land to which the notice relates, enter on the land for the purpose of making any inspection of the land that they are authorized by this Part to make, or for the purpose of making an appraisal of the value of the land or any interest in land or immovable real right. Prevention, etc., of entry (2) Every one who, without lawful excuse, prevents any person from or obstructs or hinders any person in doing any thing that that person is authorized by subsection (1) to do is guilty of an offence punishable on summary conviction. R.S., 1985, c. E-21, s. 37; 2011, c. 21, s. 149
Expropriation Act — E-21 38
Warrant for possession 38 (1) When the Minister, or a person acting for the Minister, is prevented from entering on or taking physical possession or making use of any land to the extent of any expropriated interest or right under this Part, a judge of the Court or any judge of a superior court of a province may, on proof of the expropriation and, when required, of the right of the Crown to take physical possession or make use of it, and after notice to show cause given in any manner and to any persons who shall be parties to the proceedings that the judge prescribes, issue a warrant in accordance with the form set out in the schedule to the appropriate sheriff directing that the Minister, or a person authorized to act for the Minister, be put in physical possession of the land to the extent of the expropriated interest or right. Execution of warrant (2) The sheriff shall forthwith execute a warrant issued to him under this section and shall make return of the warrant to the court to which the judge who issued it belongs, and of the manner in which it was executed. R.S., 1985, c. E-21, s. 38; 2011, c. 21, s. 150
Expropriation Act — E-21 39
Costs 39 (1) Subject to subsection (2), the costs of and incident to any proceedings in the Court under this Part are in the discretion of the Court or, in the case of proceedings before a judge of the Court or a judge of the superior court of a province, in the discretion of the judge, and the Court or the judge may direct that the whole or any part of those costs be paid by the Crown or by any party to the proceedings. Costs payable by the Crown (2) If the amount of the compensation adjudged under this Part to be payable to a party to any proceedings in the Court under sections 31 and 32 in respect of an expropriated interest or right does not exceed the total amount of any offer made under section 16 and any subsequent offer made to the party in respect of that interest or right before the commencement of the trial of the proceedings, the Court shall, unless it finds the amount of the compensation claimed by the party in the proceedings to have been unreasonable, direct that the whole of the party’s costs of and incident to the proceedings be paid by the Crown, and if the amount of the compensation so adjudged to be payable to the party exceeds that total amount, the Court shall direct that the whole of the party’s costs of and incident to the proceedings, determined by the Court on a solicitor and client basis, be paid by the Crown. R.S., 1985, c. E-21, s. 39; 2011, c. 21, s. 151
Expropriation Act — E-21 40
Powers of Minister 40 A Minister, or any other person with the written consent of the Minister, may, on seven days notice sent to the owner thereof, (a) enter into and on any land and survey and take levels of the land, and make such borings or sink such trial pits as the Minister or other person deems necessary for any purpose related to a public work; (b) enter on any land and deposit thereon earth, stones, gravel, trees, bushes, logs, poles, brushwood or other material required for a public work, or for the purpose of digging up, quarrying and carrying away earth, stones, gravel or other material, and cutting down and carrying away trees, bushes, logs, poles, brushwood or other material therefrom, for the construction, repair or maintenance of a public work; (c) make and use all such temporary roads to and from timber, stones, clay, gravel or sand or gravel pits as are required by the Minister or other person for the convenient passing to and from a public work during the construction, repair or maintenance thereof; (d) enter on any land for the purpose of making proper drains to carry off water from a public work or for keeping those drains in repair; (e) divert or alter, temporarily or permanently, the course of any river or other watercourse or any railway, road, street or other way, or raise or sink its level, in order to carry it over or under, on the level of or by the side of a public work, as the Minister or other person deems necessary for any purpose related to that work; and (f) for the purposes of a public work, divert or alter the position of any water pipe, oil or gas pipe, sewer or drain, or any telegraph, telephone or electric wire, pole or tower. R.S., c. 16(1st Supp.), s. 37
Expropriation Act — E-21 41
Removal and replacement of wall, fence, etc. 41 Whenever it is necessary, in the construction, repair or maintenance of a public work, to take down or remove any wall or fence of any owner or occupier of land adjoining a public work, or to construct any drain or ditch for carrying off water, the wall or fence shall be replaced as soon as the necessity that caused its taking down or removal has ceased, and after it has been so replaced, or when the drain or ditch is completed, the owner or occupier of the land shall maintain the wall, fence, drain or ditch to the same extent as he might by law be required to do if the wall or fence had never been so taken down or removed, or the drain or ditch had always existed. R.S., c. 16(1st Supp.), s. 38
Expropriation Act — E-21 42
Use of explosives 42 (1) Where the Crown has contracted with any person for the construction or execution of any public work, or where, by direction of the Governor in Council, or of a Minister within the scope of the powers of the Minister, any officer, employee or agent of the Crown is charged with the construction or execution of any public work, the Governor in Council may, if in the opinion of the Governor in Council it is necessary or expedient that any material be excavated or removed by blasting or the use of explosives, authorize the work to be performed in that manner, notwithstanding that the blasting or explosions may cause damage to land or other property or to the prosecution of any industry or work that is situated in the vicinity of the work or that may be thereby affected. Notice and application for review (2) Notice of the authorization of any work in the manner set out in subsection (1) shall be sent at least seven days in advance to the owner of any land or other property or to any person carrying on any industry or work that may be affected by the work, and that owner or person may, within seven days after the sending of the notice to him, apply to the Governor in Council or to any person designated by him for a review of the authorization. Compensation for damages (3) If the construction or execution of a public work is contracted for, then, unless the contract otherwise provides, the amount of compensation payable by the Crown is chargeable to the contractor, and, if not paid by him forthwith on demand, may be recovered from him by the Crown as money paid to the contractor’s use, or may be deducted from any money in the hands of the Crown belonging or payable to the contractor. R.S., c. 16(1st Supp.), s. 39
Expropriation Act — E-21 43
Crown liable to pay compensation as though no defence of statutory authority 43 Compensation shall be paid by the Crown to each person by whom any actual loss or damage is sustained by reason of the exercise of any power under this Part, equal to the amount of any such loss or damage for which the Crown would be liable to that person if the power had not been exercised under the authority of a statute. R.S., c. 16(1st Supp.), s. 40
Expropriation Act — E-21 44
Appointment of trustee, etc., to act for persons under disability 44 (1) The Court may, when a trustee, guardian or tutor, curator, or someone else representing any person who is incapable or any other persons including issue unborn is unable or unwilling to act on their behalf or where any such person or persons including issue unborn are not so represented, after any notice that the Court may direct, appoint a trustee, guardian or tutor, curator, or other representative to act on their behalf for the purposes of this Act. Protection of beneficiaries (2) The Court in making any appointment under subsection (1) may give such directions with respect to the disposal, application or investment of any compensation payable under this Act as it deems necessary to secure the interests of all persons having a claim thereto. Contract, etc., binding (3) Any contract, agreement, release or receipt made or given by any person appointed under subsection (1) and any instrument or act of transfer made or given in pursuance of the contract or agreement is binding for all purposes on the person by whom and any person or persons including issue unborn on behalf of whom the contract, agreement, release or receipt is made or given. R.S., 1985, c. E-21, s. 44; 2011, c. 21, s. 152