Acts and Regulations

E-14 - Expropriation Act

Full text
Statutory authority or owner, content of notice of arbitration, consolidation of proceedings
31(1)Where a statutory authority and an owner have not agreed upon the compensation payable under this Act in respect of an expropriation or injurious affection authorized by this Act, and, in the case of expropriation, section 37 has been complied with or the time for compliance therewith by the statutory authority has expired, or, in the case of injurious affection, section 47 has been complied with, either the statutory authority or the owner may invoke the jurisdiction of the Court to settle any dispute between them by serving upon the other of them and the Court a notice of arbitration.
31(2)Where a statutory authority and an owner have not agreed upon the compensation payable in respect of a taking of, an interference with or an injury to property authorized under any other Act and all procedures provided in that other Act with respect to the making of an offer or to negotiation have been exhausted or the time therefor has expired, either the statutory authority or the owner may invoke the jurisdiction of the Court to settle any dispute between them by serving upon the other of them and the Court a notice of arbitration.
31(3)A notice of arbitration referred to in subsections (1) and (2) shall state
(a) the name of the owner and the statutory authority required to pay compensation;
(b) the Act under which the taking, interference or injury was occasioned and the compensation authorized;
(c) a description of the property;
(d) the date on which the property was taken, interfered with or injured;
(e) whether an offer has been made by the statutory authority required to make compensation and the amount and date of the offer;
(f) the amount claimed by the owner;
(g) the amount that the statutory authority is prepared to pay; and
(h) any other facts material to the determination of the matter in dispute before the Court.
31(4)The Court may consolidate any proceedings where it is of the opinion that it is convenient to do so and that it will not prejudice the opportunity of a party to present his case before the Court.
1973, c.6, s.31; 1983, c.31, s.21
Invocation of Jurisdiction of Court
31(1)Where a statutory authority and an owner have not agreed upon the compensation payable under this Act in respect of an expropriation or injurious affection authorized by this Act, and, in the case of expropriation, section 37 has been complied with or the time for compliance therewith by the statutory authority has expired, or, in the case of injurious affection, section 47 has been complied with, either the statutory authority or the owner may invoke the jurisdiction of the Court to settle any dispute between them by serving upon the other of them and the Court a notice of arbitration.
Invocation of Jurisdiction of Court
31(2)Where a statutory authority and an owner have not agreed upon the compensation payable in respect of a taking of, an interference with or an injury to property authorized under any other Act and all procedures provided in that other Act with respect to the making of an offer or to negotiation have been exhausted or the time therefor has expired, either the statutory authority or the owner may invoke the jurisdiction of the Court to settle any dispute between them by serving upon the other of them and the Court a notice of arbitration.
Contents of notice of arbitration
31(3)A notice of arbitration referred to in subsections (1) and (2) shall state
(a) the name of the owner and the statutory authority required to pay compensation;
(b) the Act under which the taking, interference or injury was occasioned and the compensation authorized;
(c) a description of the property;
(d) the date on which the property was taken, interfered with or injured;
(e) whether an offer has been made by the statutory authority required to make compensation and the amount and date of the offer;
(f) the amount claimed by the owner;
(g) the amount that the statutory authority is prepared to pay; and
(h) any other facts material to the determination of the matter in dispute before the Court.
Consolidation of proceedings by Court
31(4)The Court may consolidate any proceedings where it is of the opinion that it is convenient to do so and that it will not prejudice the opportunity of a party to present his case before the Court.
1973, c.6, s.31; 1983, c.31, s.21