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 use were not under the authority of a statute, (b)  where the statutory authority does not acquire part of the land of an owner, (i)  such reduction in the market value of the land of the owner, and (ii)  such personal and business damages, resulting from the construction and not the use of the works by the statutory authority, as the statutory authority would be liable for if the construction were not under the authority of a statute, and for the purposes of this clause, part of the lands of an owner shall be deemed to have been acquired where the owner from whom lands are acquired retains lands contiguous to those acquired or retains lands of which the use is enhanced by unified ownership with those acquired; (“effet préjudiciable”) “judge”, except where otherwise described, means a judge of the Superior Court of Justice; (“juge”) “land” includes any estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”) “owner” includes a mortgagee, tenant, execution creditor, a person entitled to a limited estate or interest in land, a guardian of property, and a guardian, executor, administrator or trustee in whom land is vested; (“propriétaire”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “purchase-money mortgage” means a mortgage given by a purchaser of land to the vendor of the land or the vendor’s nominee as security for the payment of all or part of the consideration for the sale; (“hypothèque garantissant le prix d’achat”) “registered owner” means an owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper land registry or sheriff’s office, and includes a person shown as a tenant of land on the last revised assessment roll; (“propriétaire enregistré”) “security holder” means a person who has an interest in land as security for the payment of money; (“titulaire de la sûreté”, “titulaire d’une sûreté”) “statutory authority” means the Crown or any person empowered by statute to expropriate land or cause injurious affection; (“autorité légalement compétente”) “tenant” means a lessee or occupant occupying premises under any tenancy whether written, oral or implied. (“locataire”) “Tribunal” means the Ontario Land Tribunal. (“Tribunal”) R.S.O. 1990, c. E.26, s. 1 (1); 1992, c. 32, s. 11; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. A, s. 9 (1); 2017, c. 23, Sched. 5, s. 28; 2021, c. 4, Sched. 6, s. 48 (1). Service (2) Any document required by this Act to be served may be served personally or by registered mail addressed to the person to be served at the person’s last known address, or if that person or person’s address is unknown, by publication once a week for three weeks in a newspaper having general circulation in the locality in which the land concerned is situate and service shall be deemed to be made, (a)  in the case of service by registered mail, on the second day after the day of mailing; and (b)  in the case of service by publication, on the date of the third publication.  R.S.O. 1990, c. E.26, s. 1 (2). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 11 - 3/04/1995 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. A, s. 9 (1) - 26/11/2002 2017, c. 23, Sched. 5, s. 28 (1, 2) - 03/04/2018 2021, c. 4, Sched. 6, s. 48 (1) - 01/06/2021