Acts and Regulations

E-14 - Expropriation Act

Section 5
Disposition versions

Full text
Power of entry into land
5(1)Any expropriating authority or, with an order in writing from the Officer and subject to his direction including the requiring of security for compensation, any other person may, without the consent of the owner, enter upon any land to ascertain its suitability for the purposes for which its expropriation is required, and may make surveys, take levels and make such borings, sink such trial pits or conduct such other tests as are necessary to ascertain the suitability of the land.
5(2)Where an order of the Officer is required by subsection (1), the Officer may require the applicant to give notice of the application for the order to such persons and in such manner as the Officer directs.
5(3)A person entering upon land pursuant to subsection (1) shall make full compensation for any damages to the land or to other property caused by anything done under that subsection.
5(4)No agent or employee of an expropriating authority that is a local government shall enter on land under the authority of subsection (1) unless the entry has been previously authorized by a resolution of the council of the local government.
5(5)The right of entry conferred by or under subsection (1) shall only be exercised
(a) after the expropriating authority or other person has given, or has made a reasonable effort to give, written notice of the proposed entry to the person in possession of the land, and
(b) at such time as is reasonable, taking into account the needs and objectives of the expropriating authority or other person and the requirements of the person in possession of the land.
1973, c.6, s.5; 1983, c.31, s.3; 2017, c.20, s.67
Power of entry into land
5(1)Any expropriating authority or, with an order in writing from the Officer and subject to his direction including the requiring of security for compensation, any other person may, without the consent of the owner, enter upon any land to ascertain its suitability for the purposes for which its expropriation is required, and may make surveys, take levels and make such borings, sink such trial pits or conduct such other tests as are necessary to ascertain the suitability of the land.
5(2)Where an order of the Officer is required by subsection (1), the Officer may require the applicant to give notice of the application for the order to such persons and in such manner as the Officer directs.
5(3)A person entering upon land pursuant to subsection (1) shall make full compensation for any damages to the land or to other property caused by anything done under that subsection.
5(4)No agent or employee of an expropriating authority that is a municipality shall enter upon land pursuant to subsection (1) unless the entry has been previously authorized by a resolution of the council of the municipality.
5(5)The right of entry conferred by or under subsection (1) shall only be exercised
(a) after the expropriating authority or other person has given, or has made a reasonable effort to give, written notice of the proposed entry to the person in possession of the land, and
(b) at such time as is reasonable, taking into account the needs and objectives of the expropriating authority or other person and the requirements of the person in possession of the land.
1973, c.6, s.5; 1983, c.31, s.3
Power of entry into land
5(1)Any expropriating authority or, with an order in writing from the Officer and subject to his direction including the requiring of security for compensation, any other person may, without the consent of the owner, enter upon any land to ascertain its suitability for the purposes for which its expropriation is required, and may make surveys, take levels and make such borings, sink such trial pits or conduct such other tests as are necessary to ascertain the suitability of the land.
5(2)Where an order of the Officer is required by subsection (1), the Officer may require the applicant to give notice of the application for the order to such persons and in such manner as the Officer directs.
5(3)A person entering upon land pursuant to subsection (1) shall make full compensation for any damages to the land or to other property caused by anything done under that subsection.
5(4)No agent or employee of an expropriating authority that is a municipality shall enter upon land pursuant to subsection (1) unless the entry has been previously authorized by a resolution of the council of the municipality.
5(5)The right of entry conferred by or under subsection (1) shall only be exercised
(a) after the expropriating authority or other person has given, or has made a reasonable effort to give, written notice of the proposed entry to the person in possession of the land, and
(b) at such time as is reasonable, taking into account the needs and objectives of the expropriating authority or other person and the requirements of the person in possession of the land.
1973, c.6, s.5; 1983, c.31, s.3