Acts and Regulations

E-14 - Expropriation Act

Section 10
Disposition versions

Full text
Hearing of objection
10(1)Where a notice of objection is filed with the Officer by a person authorized by this Act to object to a proposed expropriation and has not been withdrawn, the Officer shall, if subsection 8(4) has been complied with and if the Officer is satisfied as to the sufficiency of the information required to be provided by subsection 9(2), arrange for a public hearing to be held within thirty days after the expiration of the time limited for filing a notice of objection in the locality in which the land referred to in the notice of intention or the application is situated.
10(1.1)Where all notices of objections with which the Officer was satisfied in accordance with subsection (1) have been withdrawn after a hearing has been arranged, whether prior to the commencement of the hearing, during its course or upon its completion,
(a) the Officer shall not commence or authorize the commencement of a hearing,
(b) the Officer shall discontinue any hearing that has been commenced, and
(c) subject to subsection (6), the reporting requirements of sections 16 and 17 do not apply.
10(2)The Lieutenant-Governor in Council may, where he considers it in the public interest to do so, file with the Officer an order that a proposed expropriation proceed without a hearing as provided for in subsection (1), and where such an order is made sections 8 and 9 and any other provisions of this Part regulating notice and hearing have no application unless it is otherwise stipulated in the order.
10(3)A copy of the order filed under subsection (2) shall be served by the Officer on each person who has filed a notice of objection.
10(4)Subject to subsection (5), where
(a) no notice of objection with which the Officer is satisfied in accordance with subsection (1) is filed within the time for filing,
(b) an order has been made that an expropriation proceed without a hearing, or
(c) all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, whether before or after a hearing is arranged, or prior to the commencement of, during the course of or upon the completion of a hearing,
the Officer shall immediately notify the expropriating authority to that effect, and the expropriating authority may confirm its notice of intention in the manner provided in section 19 or may at any time prior to the confirmation of the notice of intention abandon the intention.
10(5)Where, in the circumstances described in subsection (4), the expropriating authority is not the Lieutenant-Governor in Council or a local government, no notice of intention shall be confirmed without the prior approval of the Lieutenant-Governor in Council, and the Officer shall forward to the Lieutenant-Governor in Council a report setting out
(a) a copy of the notice of intention,
(b) that
(i) no notice of objection to the proposed expropriation has been filed with the Officer,
(ii) all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, or
(iii) an order has been made authorizing the expropriation to proceed without a hearing,
(c) that the approval of the Lieutenant-Governor in Council is required, and
(d) the latest date at which the notice of intention may be confirmed by the expropriating authority.
10(6)Where no notice of objection to an application for an expropriation pursuant to section 7 is filed with the Officer, or where all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, the Officer
(a) shall examine the application,
(b) may require the applicant to provide such additional evidence in support of its application as it considers necessary, and
(c) shall report to the Lieutenant-Governor in Council as if a hearing had taken place.
1973, c.6, s.10; 1978, c.18, s.3; 1983, c.31, s.8; 2017, c.20, s.67
Hearing of objection
10(1)Where a notice of objection is filed with the Officer by a person authorized by this Act to object to a proposed expropriation and has not been withdrawn, the Officer shall, if subsection 8(4) has been complied with and if the Officer is satisfied as to the sufficiency of the information required to be provided by subsection 9(2), arrange for a public hearing to be held within thirty days after the expiration of the time limited for filing a notice of objection in the locality in which the land referred to in the notice of intention or the application is situated.
10(1.1)Where all notices of objections with which the Officer was satisfied in accordance with subsection (1) have been withdrawn after a hearing has been arranged, whether prior to the commencement of the hearing, during its course or upon its completion,
(a) the Officer shall not commence or authorize the commencement of a hearing,
(b) the Officer shall discontinue any hearing that has been commenced, and
(c) subject to subsection (6), the reporting requirements of sections 16 and 17 do not apply.
10(2)The Lieutenant-Governor in Council may, where he considers it in the public interest to do so, file with the Officer an order that a proposed expropriation proceed without a hearing as provided for in subsection (1), and where such an order is made sections 8 and 9 and any other provisions of this Part regulating notice and hearing have no application unless it is otherwise stipulated in the order.
10(3)A copy of the order filed under subsection (2) shall be served by the Officer on each person who has filed a notice of objection.
10(4)Subject to subsection (5), where
(a) no notice of objection with which the Officer is satisfied in accordance with subsection (1) is filed within the time for filing,
(b) an order has been made that an expropriation proceed without a hearing, or
(c) all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, whether before or after a hearing is arranged, or prior to the commencement of, during the course of or upon the completion of a hearing,
the Officer shall immediately notify the expropriating authority to that effect, and the expropriating authority may confirm its notice of intention in the manner provided in section 19 or may at any time prior to the confirmation of the notice of intention abandon the intention.
10(5)Where, in the circumstances described in subsection (4), the expropriating authority is not the Lieutenant-Governor in Council or a municipality, no notice of intention shall be confirmed without the prior approval of the Lieutenant-Governor in Council, and the Officer shall forward to the Lieutenant-Governor in Council a report setting out
(a) a copy of the notice of intention,
(b) that
(i) no notice of objection to the proposed expropriation has been filed with the Officer,
(ii) all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, or
(iii) an order has been made authorizing the expropriation to proceed without a hearing,
(c) that the approval of the Lieutenant-Governor in Council is required, and
(d) the latest date at which the notice of intention may be confirmed by the expropriating authority.
10(6)Where no notice of objection to an application for an expropriation pursuant to section 7 is filed with the Officer, or where all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, the Officer
(a) shall examine the application,
(b) may require the applicant to provide such additional evidence in support of its application as it considers necessary, and
(c) shall report to the Lieutenant-Governor in Council as if a hearing had taken place.
1973, c.6, s.10; 1978, c.18, s.3; 1983, c.31, s.8
Hearing of objection
10(1)Where a notice of objection is filed with the Officer by a person authorized by this Act to object to a proposed expropriation and has not been withdrawn, the Officer shall, if subsection 8(4) has been complied with and if the Officer is satisfied as to the sufficiency of the information required to be provided by subsection 9(2), arrange for a public hearing to be held within thirty days after the expiration of the time limited for filing a notice of objection in the locality in which the land referred to in the notice of intention or the application is situated.
10(1.1)Where all notices of objections with which the Officer was satisfied in accordance with subsection (1) have been withdrawn after a hearing has been arranged, whether prior to the commencement of the hearing, during its course or upon its completion,
(a) the Officer shall not commence or authorize the commencement of a hearing,
(b) the Officer shall discontinue any hearing that has been commenced, and
(c) subject to subsection (6), the reporting requirements of sections 16 and 17 do not apply.
10(2)The Lieutenant-Governor in Council may, where he considers it in the public interest to do so, file with the Officer an order that a proposed expropriation proceed without a hearing as provided for in subsection (1), and where such an order is made sections 8 and 9 and any other provisions of this Part regulating notice and hearing have no application unless it is otherwise stipulated in the order.
10(3)A copy of the order filed under subsection (2) shall be served by the Officer on each person who has filed a notice of objection.
10(4)Subject to subsection (5), where
(a) no notice of objection with which the Officer is satisfied in accordance with subsection (1) is filed within the time for filing,
(b) an order has been made that an expropriation proceed without a hearing, or
(c) all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, whether before or after a hearing is arranged, or prior to the commencement of, during the course of or upon the completion of a hearing,
the Officer shall immediately notify the expropriating authority to that effect, and the expropriating authority may confirm its notice of intention in the manner provided in section 19 or may at any time prior to the confirmation of the notice of intention abandon the intention.
10(5)Where, in the circumstances described in subsection (4), the expropriating authority is not the Lieutenant-Governor in Council or a municipality, no notice of intention shall be confirmed without the prior approval of the Lieutenant-Governor in Council, and the Officer shall forward to the Lieutenant-Governor in Council a report setting out
(a) a copy of the notice of intention,
(b) that
(i) no notice of objection to the proposed expropriation has been filed with the Officer,
(ii) all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, or
(iii) an order has been made authorizing the expropriation to proceed without a hearing,
(c) that the approval of the Lieutenant-Governor in Council is required, and
(d) the latest date at which the notice of intention may be confirmed by the expropriating authority.
10(6)Where no notice of objection to an application for an expropriation pursuant to section 7 is filed with the Officer, or where all notices of objection with which the Officer was satisfied in accordance with subsection (1) have since been withdrawn, the Officer
(a) shall examine the application,
(b) may require the applicant to provide such additional evidence in support of its application as it considers necessary, and
(c) shall report to the Lieutenant-Governor in Council as if a hearing had taken place.
1973, c.6, s.10; 1978, c.18, s.3; 1983, c.31, s.8