Acts and Regulations

E-14 - Expropriation Act

Full text
Notice of expropriation, quashing notice, abandonment of expropriation, extension of time, compensation on abandonment
19(1)An expropriating authority may confirm its notice of intention, and the Lieutenant-Governor in Council may expropriate on behalf of an applicant, by registering in the registry office for the county in which the land is situated a notice of expropriation
(a) where the expropriating authority is the Lieutenant-Governor in Council, signed by the Clerk of the Executive Council,
(b) where the expropriating authority is a local government, signed by the clerk of the local government, or
(c) where the expropriating authority is other than the Lieutenant-Governor in Council or a local government, signed by the appropriate signing officer of the expropriating authority,
which notice shall contain a description of the land sufficient to identify it and the names of all registered owners of the land, and shall be accompanied by a document prescribed for the purposes of paragraph 6(g) or a plan of the land filed in accordance with subsection 50(4) of the Registry Act.
19(2)Where the expropriating authority is the Lieutenant-Governor in Council, or where the confirmation of a notice of intention requires the approval of the Lieutenant-Governor in Council, there shall be attached to the notice of expropriation registered under subsection (1) the order in council under which the expropriation was authorized or the approval was given, or a copy thereof certified by the Clerk of the Executive Council.
19(3)If the expropriating authority is a local government, there shall be attached to the notice of expropriation registered under subsection (1) the resolution of the council of the local government authorizing the expropriation, or a copy of the resolution certified by the clerk of the local government.
19(4)When a notice of expropriation registered under subsection (1) purports to have been signed by the Clerk of the Executive Council, the clerk of a local government or the proper signing officer of an expropriating authority, it shall be presumed to have been signed by that person without proof of the signature or official character of the person appearing to have signed it, and when an order or a resolution referred to in subsection (2) or (3) purports to have been made by the Lieutenant-Governor in Council or by a local government, it shall be presumed to have been made by the Lieutenant-Governor in Council or by the local government, as the case may be, without proof of the validity of the making of it and without proof of the signature or official character of the person appearing to have certified any copy of it as Clerk of the Executive Council or clerk of a local government.
19(5)Where a notice of expropriation has been registered, the expropriating authority shall serve a copy thereof upon each known owner, but a failure to comply with this subsection does not invalidate the expropriation.
19(6)In the case of an omission, mis-statement or erroneous description in a notice of expropriation, an order, a resolution or a plan registered or filed in accordance with this section, the expropriating authority may register or file an amended notice, order, resolution or plan, which notice, order, resolution or plan shall be deemed to be a substitute for the original notice, order, resolution or plan and shall have the same force and effect as if registered or filed at the same time as the notice, order, resolution or plan for which it is substituted.
19(7)Where the land is required for a limited time only or only a limited estate, right or interest therein is required, the notice registered under this section shall indicate by appropriate words that the land is taken for such limited time only or that only such limited estate, right or interest therein is taken, and the expropriating authority shall be deemed to have abandoned the intention to expropriate any other or greater interest.
19(8)The land described in a notice of expropriation is expropriated upon registration of the notice of expropriation in accordance with this section, and thereupon vests in the expropriating authority, and all right and title of any other person in such land ceases except to the extent that a possessory right is conferred upon the person by this Act.
19(8.1)Where under subsection (8) the expropriating authority is a Minister of the Crown, the land described in the notice of expropriation is expropriated upon registration of the notice of expropriation in accordance with this section, and thereupon vests in the Crown to be under the administration and control of that Minister, and all right and title of any other person in such land ceases except to the extent that a possessory right is conferred upon the person by this Act.
19(9)Any owner of land expropriated or injuriously affected by an expropriation who questions the validity of an expropriation by reason of a failure to comply with any step preliminary to the registration of the notice of expropriation required by this Part to be performed, or with the requirements of this Part as to registration of the notice of expropriation, may, within thirty days after the registration of the notice of expropriation, apply to the Court for an order quashing the notice of expropriation.
19(10)Except as is provided in subsection (9), no action or proceeding shall be taken in any court to question the validity of, and no question shall be entertained in any proceeding before any court respecting the validity of, an expropriation effected under this Part by reason of a failure to comply with any step preliminary to the registration of the notice of expropriation required by this Part to be performed, or with the requirements of this Part as to registration of the notice of expropriation, and all steps preliminary to the registration of the notice of expropriation required by this Part to be performed shall be deemed to have been performed and the notice of expropriation shall be deemed to have been validly registered.
19(11)Where, after the expiration of one hundred and eighty days from the day a notice of intention or an application for an expropriation was filed with the Officer, a notice of expropriation in respect thereof has not been registered, the expropriating authority or the applicant, as the case may be, shall be deemed to have abandoned its intention to expropriate or its application for an expropriation.
19(11.1)The one hundred and eighty day period provided for in subsection (11) is extended by adding thereto the number of days by which the report of the Officer is delayed beyond the thirty day period provided for in section 17 for delivery of such report.
19(12)Where an application is made to the Officer within the period of one hundred and eighty days referred to in subsection (11), or within any extension thereof ordered under this subsection, the Officer may, after notice has been given to such persons and in such manner as the Officer directs, by order extend such period for further periods not exceeding sixty days each where the Officer considers it to be in the public interest to do so, but no such order is valid unless the order, or a copy thereof certified by the Officer, is filed in the Registry Office for the county in which the land is situated before the expiration of the period of one hundred and eighty days or any extension thereof in respect of which an order has been filed.
19(13)The Registrar of Deeds shall append a notice filed under subsection (12) to the notice filed in accordance with paragraph 8(1)(c).
19(14)Where an intention to expropriate or an application for an expropriation is abandoned, an owner shall be compensated by the expropriating authority or the applicant for the reasonable legal, appraisal and other costs incurred by the owner as a consequence of the initiation of expropriation proceedings.
1973, c.6, s.19; 1975, c.21, s.5; 1983, c.31, s.17; 1987, c.6, s.26; 1991, c.13, s.4; 2014, c.66, s.3; 2017, c.20, s.67
Notice of expropriation
19(1)An expropriating authority may confirm its notice of intention, and the Lieutenant-Governor in Council may expropriate on behalf of an applicant, by registering in the registry office for the county in which the land is situated a notice of expropriation
(a) where the expropriating authority is the Lieutenant-Governor in Council, signed by the Clerk of the Executive Council,
(b) where the expropriating authority is a municipality, signed by the clerk of the municipality, or
(c) where the expropriating authority is other than the Lieutenant-Governor in Council or a municipality, signed by the appropriate signing officer of the expropriating authority,
which notice shall contain a description of the land sufficient to identify it and the names of all registered owners of the land, and shall be accompanied by a document prescribed for the purposes of paragraph 6(g) or a plan of the land filed in accordance with subsection 50(4) of the Registry Act.
Notice of expropriation
19(2)Where the expropriating authority is the Lieutenant-Governor in Council, or where the confirmation of a notice of intention requires the approval of the Lieutenant-Governor in Council, there shall be attached to the notice of expropriation registered under subsection (1) the order in council under which the expropriation was authorized or the approval was given, or a copy thereof certified by the Clerk of the Executive Council.
Notice of expropriation
19(3)Where the expropriating authority is a municipality, there shall be attached to the notice of expropriation registered under subsection (1) the resolution of the council of the municipality authorizing the expropriation, or a copy thereof certified by the clerk of the municipality.
Notice of expropriation
19(4)Where a notice of expropriation registered under subsection (1) purports to have been signed by the Clerk of the Executive Council, the clerk of a municipality or the proper signing officer of an expropriating authority, it shall be presumed to have been signed by such person without proof of the signature or official character of the person appearing to have signed it, and where an order or a resolution referred to in subsection (2) or (3) purports to have been made by the Lieutenant-Governor in Council or by a municipality, it shall be presumed to have been made by the Lieutenant-Governor in Council or by the municipality, as the case may be, without proof of the validity of the making thereof and without proof of the signature or official character of the person appearing to have certified any copy thereof as Clerk of the Executive Council or clerk of a municipality.
Notice of expropriation
19(5)Where a notice of expropriation has been registered, the expropriating authority shall serve a copy thereof upon each known owner, but a failure to comply with this subsection does not invalidate the expropriation.
Notice of expropriation
19(6)In the case of an omission, mis-statement or erroneous description in a notice of expropriation, an order, a resolution or a plan registered or filed in accordance with this section, the expropriating authority may register or file an amended notice, order, resolution or plan, which notice, order, resolution or plan shall be deemed to be a substitute for the original notice, order, resolution or plan and shall have the same force and effect as if registered or filed at the same time as the notice, order, resolution or plan for which it is substituted.
Notice of expropriation
19(7)Where the land is required for a limited time only or only a limited estate, right or interest therein is required, the notice registered under this section shall indicate by appropriate words that the land is taken for such limited time only or that only such limited estate, right or interest therein is taken, and the expropriating authority shall be deemed to have abandoned the intention to expropriate any other or greater interest.
Notice of expropriation
19(8)The land described in a notice of expropriation is expropriated upon registration of the notice of expropriation in accordance with this section, and thereupon vests in the expropriating authority, and all right and title of any other person in such land ceases except to the extent that a possessory right is conferred upon the person by this Act.
Notice of expropriation
19(8.1)Where under subsection (8) the expropriating authority is a Minister of the Crown, the land described in the notice of expropriation is expropriated upon registration of the notice of expropriation in accordance with this section, and thereupon vests in the Crown to be under the administration and control of that Minister, and all right and title of any other person in such land ceases except to the extent that a possessory right is conferred upon the person by this Act.
Court order quashing notice of expropriation
19(9)Any owner of land expropriated or injuriously affected by an expropriation who questions the validity of an expropriation by reason of a failure to comply with any step preliminary to the registration of the notice of expropriation required by this Part to be performed, or with the requirements of this Part as to registration of the notice of expropriation, may, within thirty days after the registration of the notice of expropriation, apply to the Court for an order quashing the notice of expropriation.
Court order quashing notice of expropriation
19(10)Except as is provided in subsection (9), no action or proceeding shall be taken in any court to question the validity of, and no question shall be entertained in any proceeding before any court respecting the validity of, an expropriation effected under this Part by reason of a failure to comply with any step preliminary to the registration of the notice of expropriation required by this Part to be performed, or with the requirements of this Part as to registration of the notice of expropriation, and all steps preliminary to the registration of the notice of expropriation required by this Part to be performed shall be deemed to have been performed and the notice of expropriation shall be deemed to have been validly registered.
Abandonment of expropriation
19(11)Where, after the expiration of one hundred and eighty days from the day a notice of intention or an application for an expropriation was filed with the Officer, a notice of expropriation in respect thereof has not been registered, the expropriating authority or the applicant, as the case may be, shall be deemed to have abandoned its intention to expropriate or its application for an expropriation.
Abandonment of expropriation
19(11.1)The one hundred and eighty day period provided for in subsection (11) is extended by adding thereto the number of days by which the report of the Officer is delayed beyond the thirty day period provided for in section 17 for delivery of such report.
Extension of time for registration of notice
19(12)Where an application is made to the Officer within the period of one hundred and eighty days referred to in subsection (11), or within any extension thereof ordered under this subsection, the Officer may, after notice has been given to such persons and in such manner as the Officer directs, by order extend such period for further periods not exceeding sixty days each where the Officer considers it to be in the public interest to do so, but no such order is valid unless the order, or a copy thereof certified by the Officer, is filed in the Registry Office for the county in which the land is situated before the expiration of the period of one hundred and eighty days or any extension thereof in respect of which an order has been filed.
Extension of time for registration of notice
19(13)The Registrar of Deeds shall append a notice filed under subsection (12) to the notice filed in accordance with paragraph 8(1)(c).
Compensation of owner on abandonment of expropriation
19(14)Where an intention to expropriate or an application for an expropriation is abandoned, an owner shall be compensated by the expropriating authority or the applicant for the reasonable legal, appraisal and other costs incurred by the owner as a consequence of the initiation of expropriation proceedings.
1973, c.6, s.19; 1975, c.21, s.5; 1983, c.31, s.17; 1987, c.6, s.26; 1991, c.13, s.4; 2014, c.66, s.3
Notice of expropriation
19(1)An expropriating authority may confirm its notice of intention, and the Lieutenant-Governor in Council may expropriate on behalf of an applicant, by registering in the registry office for the county in which the land is situated a notice of expropriation
(a) where the expropriating authority is the Lieutenant-Governor in Council, signed by the Clerk of the Executive Council,
(b) where the expropriating authority is a municipality, signed by the clerk of the municipality, or
(c) where the expropriating authority is other than the Lieutenant-Governor in Council or a municipality, signed by the appropriate signing officer of the expropriating authority,
which notice shall contain a description of the land sufficient to identify it and the names of all registered owners of the land, and shall be accompanied by a plan of the land filed in accordance with subsection 50(4) of the Registry Act.
Notice of expropriation
19(2)Where the expropriating authority is the Lieutenant-Governor in Council, or where the confirmation of a notice of intention requires the approval of the Lieutenant-Governor in Council, there shall be attached to the notice of expropriation registered under subsection (1) the order in council under which the expropriation was authorized or the approval was given, or a copy thereof certified by the Clerk of the Executive Council.
Notice of expropriation
19(3)Where the expropriating authority is a municipality, there shall be attached to the notice of expropriation registered under subsection (1) the resolution of the council of the municipality authorizing the expropriation, or a copy thereof certified by the clerk of the municipality.
Notice of expropriation
19(4)Where a notice of expropriation registered under subsection (1) purports to have been signed by the Clerk of the Executive Council, the clerk of a municipality or the proper signing officer of an expropriating authority, it shall be presumed to have been signed by such person without proof of the signature or official character of the person appearing to have signed it, and where an order or a resolution referred to in subsection (2) or (3) purports to have been made by the Lieutenant-Governor in Council or by a municipality, it shall be presumed to have been made by the Lieutenant-Governor in Council or by the municipality, as the case may be, without proof of the validity of the making thereof and without proof of the signature or official character of the person appearing to have certified any copy thereof as Clerk of the Executive Council or clerk of a municipality.
Notice of expropriation
19(5)Where a notice of expropriation has been registered, the expropriating authority shall serve a copy thereof upon each known owner, but a failure to comply with this subsection does not invalidate the expropriation.
Notice of expropriation
19(6)In the case of an omission, mis-statement or erroneous description in a notice of expropriation, an order, a resolution or a plan registered or filed in accordance with this section, the expropriating authority may register or file an amended notice, order, resolution or plan, which notice, order, resolution or plan shall be deemed to be a substitute for the original notice, order, resolution or plan and shall have the same force and effect as if registered or filed at the same time as the notice, order, resolution or plan for which it is substituted.
Notice of expropriation
19(7)Where the land is required for a limited time only or only a limited estate, right or interest therein is required, the notice registered under this section shall indicate by appropriate words that the land is taken for such limited time only or that only such limited estate, right or interest therein is taken, and the expropriating authority shall be deemed to have abandoned the intention to expropriate any other or greater interest.
Notice of expropriation
19(8)The land described in a notice of expropriation is expropriated upon registration of the notice of expropriation in accordance with this section, and thereupon vests in the expropriating authority, and all right and title of any other person in such land ceases except to the extent that a possessory right is conferred upon the person by this Act.
Notice of expropriation
19(8.1)Where under subsection (8) the expropriating authority is a Minister of the Crown, the land described in the notice of expropriation is expropriated upon registration of the notice of expropriation in accordance with this section, and thereupon vests in the Crown to be under the administration and control of that Minister, and all right and title of any other person in such land ceases except to the extent that a possessory right is conferred upon the person by this Act.
Court order quashing notice of expropriation
19(9)Any owner of land expropriated or injuriously affected by an expropriation who questions the validity of an expropriation by reason of a failure to comply with any step preliminary to the registration of the notice of expropriation required by this Part to be performed, or with the requirements of this Part as to registration of the notice of expropriation, may, within thirty days after the registration of the notice of expropriation, apply to the Court for an order quashing the notice of expropriation.
Court order quashing notice of expropriation
19(10)Except as is provided in subsection (9), no action or proceeding shall be taken in any court to question the validity of, and no question shall be entertained in any proceeding before any court respecting the validity of, an expropriation effected under this Part by reason of a failure to comply with any step preliminary to the registration of the notice of expropriation required by this Part to be performed, or with the requirements of this Part as to registration of the notice of expropriation, and all steps preliminary to the registration of the notice of expropriation required by this Part to be performed shall be deemed to have been performed and the notice of expropriation shall be deemed to have been validly registered.
Abandonment of expropriation
19(11)Where, after the expiration of one hundred and eighty days from the day a notice of intention or an application for an expropriation was filed with the Officer, a notice of expropriation in respect thereof has not been registered, the expropriating authority or the applicant, as the case may be, shall be deemed to have abandoned its intention to expropriate or its application for an expropriation.
Abandonment of expropriation
19(11.1)The one hundred and eighty day period provided for in subsection (11) is extended by adding thereto the number of days by which the report of the Officer is delayed beyond the thirty day period provided for in section 17 for delivery of such report.
Extension of time for registration of notice
19(12)Where an application is made to the Officer within the period of one hundred and eighty days referred to in subsection (11), or within any extension thereof ordered under this subsection, the Officer may, after notice has been given to such persons and in such manner as the Officer directs, by order extend such period for further periods not exceeding sixty days each where the Officer considers it to be in the public interest to do so, but no such order is valid unless the order, or a copy thereof certified by the Officer, is filed in the Registry Office for the county in which the land is situated before the expiration of the period of one hundred and eighty days or any extension thereof in respect of which an order has been filed.
Extension of time for registration of notice
19(13)The Registrar of Deeds shall append a notice filed under subsection (12) to the notice filed in accordance with paragraph 8(1)(c).
Compensation of owner on abandonment of expropriation
19(14)Where an intention to expropriate or an application for an expropriation is abandoned, an owner shall be compensated by the expropriating authority or the applicant for the reasonable legal, appraisal and other costs incurred by the owner as a consequence of the initiation of expropriation proceedings.
1973, c.6, s.19; 1975, c.21, s.5; 1983, c.31, s.17; 1987, c.6, s.26; 1991, c.13, s.4
Notice of expropriation
19(1)An expropriating authority may confirm its notice of intention, and the Lieutenant-Governor in Council may expropriate on behalf of an applicant, by registering in the registry office for the county in which the land is situated a notice of expropriation
(a) where the expropriating authority is the Lieutenant-Governor in Council, signed by the Clerk of the Executive Council,
(b) where the expropriating authority is a municipality, signed by the clerk of the municipality, or
(c) where the expropriating authority is other than the Lieutenant-Governor in Council or a municipality, signed by the appropriate signing officer of the expropriating authority,
which notice shall contain a description of the land sufficient to identify it and the names of all registered owners of the land, and shall be accompanied by a plan of the land filed in accordance with subsection 50(4) of the Registry Act.
Notice of expropriation
19(2)Where the expropriating authority is the Lieutenant-Governor in Council, or where the confirmation of a notice of intention requires the approval of the Lieutenant-Governor in Council, there shall be attached to the notice of expropriation registered under subsection (1) the order in council under which the expropriation was authorized or the approval was given, or a copy thereof certified by the Clerk of the Executive Council.
Notice of expropriation
19(3)Where the expropriating authority is a municipality, there shall be attached to the notice of expropriation registered under subsection (1) the resolution of the council of the municipality authorizing the expropriation, or a copy thereof certified by the clerk of the municipality.
Notice of expropriation
19(4)Where a notice of expropriation registered under subsection (1) purports to have been signed by the Clerk of the Executive Council, the clerk of a municipality or the proper signing officer of an expropriating authority, it shall be presumed to have been signed by such person without proof of the signature or official character of the person appearing to have signed it, and where an order or a resolution referred to in subsection (2) or (3) purports to have been made by the Lieutenant-Governor in Council or by a municipality, it shall be presumed to have been made by the Lieutenant-Governor in Council or by the municipality, as the case may be, without proof of the validity of the making thereof and without proof of the signature or official character of the person appearing to have certified any copy thereof as Clerk of the Executive Council or clerk of a municipality.
Notice of expropriation
19(5)Where a notice of expropriation has been registered, the expropriating authority shall serve a copy thereof upon each known owner, but a failure to comply with this subsection does not invalidate the expropriation.
Notice of expropriation
19(6)In the case of an omission, mis-statement or erroneous description in a notice of expropriation, an order, a resolution or a plan registered or filed in accordance with this section, the expropriating authority may register or file an amended notice, order, resolution or plan, which notice, order, resolution or plan shall be deemed to be a substitute for the original notice, order, resolution or plan and shall have the same force and effect as if registered or filed at the same time as the notice, order, resolution or plan for which it is substituted.
Notice of expropriation
19(7)Where the land is required for a limited time only or only a limited estate, right or interest therein is required, the notice registered under this section shall indicate by appropriate words that the land is taken for such limited time only or that only such limited estate, right or interest therein is taken, and the expropriating authority shall be deemed to have abandoned the intention to expropriate any other or greater interest.
Notice of expropriation
19(8)The land described in a notice of expropriation is expropriated upon registration of the notice of expropriation in accordance with this section, and thereupon vests in the expropriating authority, and all right and title of any other person in such land ceases except to the extent that a possessory right is conferred upon the person by this Act.
Notice of expropriation
19(8.1)Where under subsection (8) the expropriating authority is a Minister of the Crown, the land described in the notice of expropriation is expropriated upon registration of the notice of expropriation in accordance with this section, and thereupon vests in the Crown to be under the administration and control of that Minister, and all right and title of any other person in such land ceases except to the extent that a possessory right is conferred upon the person by this Act.
Court order quashing notice of expropriation
19(9)Any owner of land expropriated or injuriously affected by an expropriation who questions the validity of an expropriation by reason of a failure to comply with any step preliminary to the registration of the notice of expropriation required by this Part to be performed, or with the requirements of this Part as to registration of the notice of expropriation, may, within thirty days after the registration of the notice of expropriation, apply to the Court for an order quashing the notice of expropriation.
Court order quashing notice of expropriation
19(10)Except as is provided in subsection (9), no action or proceeding shall be taken in any court to question the validity of, and no question shall be entertained in any proceeding before any court respecting the validity of, an expropriation effected under this Part by reason of a failure to comply with any step preliminary to the registration of the notice of expropriation required by this Part to be performed, or with the requirements of this Part as to registration of the notice of expropriation, and all steps preliminary to the registration of the notice of expropriation required by this Part to be performed shall be deemed to have been performed and the notice of expropriation shall be deemed to have been validly registered.
Abandonment of expropriation
19(11)Where, after the expiration of one hundred and eighty days from the day a notice of intention or an application for an expropriation was filed with the Officer, a notice of expropriation in respect thereof has not been registered, the expropriating authority or the applicant, as the case may be, shall be deemed to have abandoned its intention to expropriate or its application for an expropriation.
Abandonment of expropriation
19(11.1)The one hundred and eighty day period provided for in subsection (11) is extended by adding thereto the number of days by which the report of the Officer is delayed beyond the thirty day period provided for in section 17 for delivery of such report.
Extension of time for registration of notice
19(12)Where an application is made to the Officer within the period of one hundred and eighty days referred to in subsection (11), or within any extension thereof ordered under this subsection, the Officer may, after notice has been given to such persons and in such manner as the Officer directs, by order extend such period for further periods not exceeding sixty days each where the Officer considers it to be in the public interest to do so, but no such order is valid unless the order, or a copy thereof certified by the Officer, is filed in the Registry Office for the county in which the land is situated before the expiration of the period of one hundred and eighty days or any extension thereof in respect of which an order has been filed.
Extension of time for registration of notice
19(13)The Registrar of Deeds shall append a notice filed under subsection (12) to the notice filed in accordance with paragraph 8(1)(c).
Compensation of owner on abandonment of expropriation
19(14)Where an intention to expropriate or an application for an expropriation is abandoned, an owner shall be compensated by the expropriating authority or the applicant for the reasonable legal, appraisal and other costs incurred by the owner as a consequence of the initiation of expropriation proceedings.
1973, c.6, s.19; 1975, c.21, s.5; 1983, c.31, s.17; 1987, c.6, s.26; 1991, c.13, s.4