Acts and Regulations

E-14 - Expropriation Act

Section 37
Disposition versions

Full text
Effect of lack of agreement respecting compensation
37(1)Where no agreement as to compensation has been made with the owner, the expropriating authority shall, within ninety days after the registration of the notice of expropriation under section 19,
(a) serve upon each known owner of the land an offer of an amount in full compensation for his interest, excepting compensation for business loss for which the determination is postponed under section 45;
(b) tender to each known owner the immediate payment of one hundred per cent of the amount of the market value of his interest as estimated by the expropriating authority, or, in the case of the interest of a security holder or a vendor under an agreement for sale, the value of that interest as estimated by the expropriating authority, and the payment and receipt of that sum is without prejudice to rights conferred by this Act in respect of the determination of compensation and is subject to adjustment in accordance with any compensation that may subsequently be determined in accordance with this Act or agreed upon; and
(c) serve upon each known owner a copy of any appraisal report upon which the offer of compensation is based;
and except as otherwise provided the expropriating authority shall not take possession of land occupied by an owner who has not been made an offer and tender as required by this subsection.
37(2)The expropriating authority may, within the period mentioned in subsection (1) and before taking possession of the land, upon giving at least two days notice to the owner, apply to the Court for an order extending the time referred to in subsection (1), and the Court may in its order authorize the expropriating authority to take possession of the land before the expiration of the extended time upon such conditions as are specified in the order.
37(3)When an owner is not made an offer and tender under subsection (1) within the time limited therein or by order of the Court under subsection (2), the expropriation is not invalidated but interest upon the unpaid portion of any compensation shall, in addition to interest otherwise payable under this Act, be paid from the expiration of the time limited therefor until the date upon which the tender of the amount of the offer is made.
37(4)Where, pursuant to an order of the Lieutenant-Governor in Council under subsection 22(3), an owner in occupation of land that has been expropriated is required to surrender physical possession of the land, totally or to such extent as is specified in the order, the expropriating authority shall pay the owner additional compensation equal to five per cent of the value of that portion of the land of which the owner is required to surrender physical possession.
1973, c.6, s.37
Effect of lack of agreement respecting compensation
37(1)Where no agreement as to compensation has been made with the owner, the expropriating authority shall, within ninety days after the registration of the notice of expropriation under section 19,
(a) serve upon each known owner of the land an offer of an amount in full compensation for his interest, excepting compensation for business loss for which the determination is postponed under section 45;
(b) tender to each known owner the immediate payment of one hundred per cent of the amount of the market value of his interest as estimated by the expropriating authority, or, in the case of the interest of a security holder or a vendor under an agreement for sale, the value of that interest as estimated by the expropriating authority, and the payment and receipt of that sum is without prejudice to rights conferred by this Act in respect of the determination of compensation and is subject to adjustment in accordance with any compensation that may subsequently be determined in accordance with this Act or agreed upon; and
(c) serve upon each known owner a copy of any appraisal report upon which the offer of compensation is based;
and except as otherwise provided the expropriating authority shall not take possession of land occupied by an owner who has not been made an offer and tender as required by this subsection.
37(2)The expropriating authority may, within the period mentioned in subsection (1) and before taking possession of the land, upon giving at least two days notice to the owner, apply to the Court for an order extending the time referred to in subsection (1), and the Court may in its order authorize the expropriating authority to take possession of the land before the expiration of the extended time upon such conditions as are specified in the order.
37(3)When an owner is not made an offer and tender under subsection (1) within the time limited therein or by order of the Court under subsection (2), the expropriation is not invalidated but interest upon the unpaid portion of any compensation shall, in addition to interest otherwise payable under this Act, be paid from the expiration of the time limited therefor until the date upon which the tender of the amount of the offer is made.
37(4)Where, pursuant to an order of the Lieutenant-Governor in Council under subsection 22(3), an owner in occupation of land that has been expropriated is required to surrender physical possession of the land, totally or to such extent as is specified in the order, the expropriating authority shall pay the owner additional compensation equal to five per cent of the value of that portion of the land of which the owner is required to surrender physical possession.
1973, c.6, s.37