PART IV.1 ONTARIO POWER GENERATION INC.
Power to acquire land and property
53.6 (1) Ontario Power Generation Inc. may, without any further approval and without the consent of the owner, enter upon, take possession of, expropriate and use such land, property, waters, water privileges, water powers, rights of access and roads, buildings and works as in its opinion are necessary for the purpose of the expeditious development and construction of works for the conveying of water by subsurface tunnels from the Niagara River to any existing or future power generation facilities and ancillary works at Niagara.  2004, c. 23, Sched. A, s. 51. Same (2) Subsection (1) applies, (a) despite any provision of this or any other Act; (b) despite the devotion or deemed devotion of the land or property to a municipal or other public use; (c) despite the power of the owner of the land or property to take land compulsorily; (d) despite the origin, nature or sources of the owner’s title to or interest in the land or property; and (e) despite the manner by which the land or property was acquired by the owner or any of the owner’s predecessors in title.  2004, c. 23, Sched. A, s. 51. Easements continue until release (3) Despite any provision of any other Act, if Ontario Power Generation Inc. acquires an easement through, over, under or otherwise affecting any land, the land shall continue to be subject to the easement and the easement shall be binding upon the owner and all subsequent owners of the land until Ontario Power Generation Inc. grants a release.  2004, c. 23, Sched. A, s. 51. Acquisition of whole parcels (4) Ontario Power Generation Inc. may acquire a whole parcel of land of which only a part may be acquired under the authority of this section, together with any right of way to it if the parcel is separated from the works, if Ontario Power Generation Inc. reasonably believes that the whole parcel may be obtained at a more reasonable price or there is a greater advantage to acquiring the whole parcel instead of only the part and Ontario Power Generation Inc. may later sell and convey all or part of the excess land as it considers expedient.  2004, c. 23, Sched. A, s. 51. Expropriations Act application (5) If a power exercised under subsection (1) does not constitute an expropriation, Ontario Power Generation Inc. shall provide compensation to the owner based on market value as provided by the Expropriations Act.  2004, c. 23, Sched. A, s. 51. No court action (6) No action or exercise of a power by Ontario Power Generation Inc. under this section shall be restrained by injunction or other process or proceeding in any court.  2004, c. 23, Sched. A, s. 51. Definitions (7) In this section, “easement” means  an easement, right of way, right or licence in the nature of an easement, profit à prendre or other incorporeal hereditament; (“servitude”) “land” means any real property and includes any estate, term, easement, right or interest in, to, over, under or affecting real property; (“bien-fonds”) “owner” includes a mortgagee, lessee, tenant, occupant, a person entitled to a limited estate or interest in land and a guardian, committee, executor, administrator or trustee in whom land or any property is vested; (“propriétaire”) “property” means property of any kind, other than land, and includes any interest in property; (“bien”) “works” includes all property, plant, machinery, buildings, erections, constructions, installations, materials, devices, fittings, apparatus, appliances and equipment for the generation, transformation, transmission, distribution, supply or use of power. (“ouvrages”)  2004, c. 23, Sched. A, s. 51. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 51 - 01/01/2005 Part IV.2   The Smart Metering Entity