Acts and Regulations

E-14 - Expropriation Act

Section 17
Disposition versions

Full text
Report of Officer, amendment
17(1)The Officer in conducting a hearing shall consider all evidence presented and representations made to him in support of and in objection to the proposed expropriation and within thirty days after the hearing shall submit a report
(a) where the expropriating authority is a local government, to its council, or
(b) where the expropriating authority is other than a local government or where an application has been made under section 7, to the Lieutenant-Governor in Council,
and at the same time shall submit a copy of the report to the expropriating authority or the applicant and to each person who made representations at the hearing.
17(2)The report submitted under subsection (1) shall contain a summary of the evidence and arguments presented at the hearing and any finding of fact by the Officer and shall state the opinion of the Officer as to whether the proposed expropriation
(a) is reasonably necessary to accomplish the objectives of the expropriating authority or applicant,
(b) is fair, balancing the objectives of the expropriating authority or applicant against the interests of the owner that would be extinguished by the expropriation, and
(c) in the case of an application made under section 7, is consistent with the public interest.
17(3)Where the report is in respect of a proposed expropriation by an expropriating authority other than the Lieutenant-Governor in Council or a local government, the Officer shall include with the report
(a) a copy of the notice of intention,
(b) notification that the approval of the Lieutenant-Governor in Council is required, and
(c) notification of the latest date at which the notice of intention may be confirmed by the expropriating authority.
17(4)Where the report is in respect of an application under section 7 for an expropriation by the Lieutenant-Governor in Council, the Officer shall include with the report
(a) a copy of the application, and
(b) notification of the latest date at which the expropriation may be effected.
17(5)In a report submitted in accordance with subsection (1), the Officer may direct an expropriating authority to pay to an owner of land who has appeared before the Officer on a hearing of objection an amount not to exceed two hundred dollars in respect of his costs and expenses in appearing before the Officer and the expropriating authority shall pay such amount to that person.
17(6)Notwithstanding that the Officer has submitted a report in accordance with subsection (1), an expropriating authority or an applicant may apply to the Officer to amend its notice of intention or application in accordance with section 14, and the Officer shall continue to exercise jurisdiction with respect to a notice of intention until its confirmation or abandonment, and with respect to an application until an expropriation is effected pursuant thereto or the application is abandoned, and where hearings are held with respect to an application to amend a notice of intention or an application the Officer shall submit a report with respect thereto in accordance with the provisions of this section relating to the submission of reports by the Officer.
1973, c.6, s.17; 1983, c.31, s.15; 2017, c.20, s.67
Report of Officer
17(1)The Officer in conducting a hearing shall consider all evidence presented and representations made to him in support of and in objection to the proposed expropriation and within thirty days after the hearing shall submit a report
(a) where the expropriating authority is a municipality, to the council thereof, or
(b) where the expropriating authority is other than a municipality or where an application has been made under section 7, to the Lieutenant-Governor in Council,
and at the same time shall submit a copy of the report to the expropriating authority or the applicant and to each person who made representations at the hearing.
17(2)The report submitted under subsection (1) shall contain a summary of the evidence and arguments presented at the hearing and any finding of fact by the Officer and shall state the opinion of the Officer as to whether the proposed expropriation
(a) is reasonably necessary to accomplish the objectives of the expropriating authority or applicant,
(b) is fair, balancing the objectives of the expropriating authority or applicant against the interests of the owner that would be extinguished by the expropriation, and
(c) in the case of an application made under section 7, is consistent with the public interest.
17(3)Where the report is in respect of a proposed expropriation by an expropriating authority other than the Lieutenant-Governor in Council or a municipality, the Officer shall include with the report
(a) a copy of the notice of intention,
(b) notification that the approval of the Lieutenant-Governor in Council is required, and
(c) notification of the latest date at which the notice of intention may be confirmed by the expropriating authority.
17(4)Where the report is in respect of an application under section 7 for an expropriation by the Lieutenant-Governor in Council, the Officer shall include with the report
(a) a copy of the application, and
(b) notification of the latest date at which the expropriation may be effected.
17(5)In a report submitted in accordance with subsection (1), the Officer may direct an expropriating authority to pay to an owner of land who has appeared before the Officer on a hearing of objection an amount not to exceed two hundred dollars in respect of his costs and expenses in appearing before the Officer and the expropriating authority shall pay such amount to that person.
Amendment
17(6)Notwithstanding that the Officer has submitted a report in accordance with subsection (1), an expropriating authority or an applicant may apply to the Officer to amend its notice of intention or application in accordance with section 14, and the Officer shall continue to exercise jurisdiction with respect to a notice of intention until its confirmation or abandonment, and with respect to an application until an expropriation is effected pursuant thereto or the application is abandoned, and where hearings are held with respect to an application to amend a notice of intention or an application the Officer shall submit a report with respect thereto in accordance with the provisions of this section relating to the submission of reports by the Officer.
1973, c.6, s.17; 1983, c.31, s.15
Report of Officer
17(1)The Officer in conducting a hearing shall consider all evidence presented and representations made to him in support of and in objection to the proposed expropriation and within thirty days after the hearing shall submit a report
(a) where the expropriating authority is a municipality, to the council thereof, or
(b) where the expropriating authority is other than a municipality or where an application has been made under section 7, to the Lieutenant-Governor in Council,
and at the same time shall submit a copy of the report to the expropriating authority or the applicant and to each person who made representations at the hearing.
17(2)The report submitted under subsection (1) shall contain a summary of the evidence and arguments presented at the hearing and any finding of fact by the Officer and shall state the opinion of the Officer as to whether the proposed expropriation
(a) is reasonably necessary to accomplish the objectives of the expropriating authority or applicant,
(b) is fair, balancing the objectives of the expropriating authority or applicant against the interests of the owner that would be extinguished by the expropriation, and
(c) in the case of an application made under section 7, is consistent with the public interest.
17(3)Where the report is in respect of a proposed expropriation by an expropriating authority other than the Lieutenant-Governor in Council or a municipality, the Officer shall include with the report
(a) a copy of the notice of intention,
(b) notification that the approval of the Lieutenant-Governor in Council is required, and
(c) notification of the latest date at which the notice of intention may be confirmed by the expropriating authority.
17(4)Where the report is in respect of an application under section 7 for an expropriation by the Lieutenant-Governor in Council, the Officer shall include with the report
(a) a copy of the application, and
(b) notification of the latest date at which the expropriation may be effected.
17(5)In a report submitted in accordance with subsection (1), the Officer may direct an expropriating authority to pay to an owner of land who has appeared before the Officer on a hearing of objection an amount not to exceed two hundred dollars in respect of his costs and expenses in appearing before the Officer and the expropriating authority shall pay such amount to that person.
Amendment
17(6)Notwithstanding that the Officer has submitted a report in accordance with subsection (1), an expropriating authority or an applicant may apply to the Officer to amend its notice of intention or application in accordance with section 14, and the Officer shall continue to exercise jurisdiction with respect to a notice of intention until its confirmation or abandonment, and with respect to an application until an expropriation is effected pursuant thereto or the application is abandoned, and where hearings are held with respect to an application to amend a notice of intention or an application the Officer shall submit a report with respect thereto in accordance with the provisions of this section relating to the submission of reports by the Officer.
1973, c.6, s.17; 1983, c.31, s.15