Acts and Regulations

E-14 - Expropriation Act

Section 50
Disposition versions

Full text
Interest
50(1)Subject to subsection 37(3), the owner of land expropriated is entitled to be paid interest at the rate of six per cent a year
(a) on the portion of the compensation payable and outstanding from time to time in respect of the market value of his interest in the land, and any special economic advantage not reflected in the market value, calculated from the date the expropriating authority took possession of the land, except in the case of an owner in occupation of the land in which case interest is to be calculated from the date the owner ceased to reside on or make productive use of the land;
(b) on the portion of the compensation payable and outstanding from time to time in respect of damages for injurious affection or for disturbance, calculated from the date any such damages were incurred; and
(c) on the portion of the compensation payable and outstanding from time to time in respect of sections 42 and 43, calculated from the date of expropriation.
50(2)Subject to subsection (3), where the Court is of the opinion that any delay in determining the compensation is attributable in whole or in part to the owner, it may refuse to allow him interest for the whole or any part of the time for which he might otherwise be entitled to interest, or may allow interest at such rate less than six per cent a year as appears reasonable.
50(3)Interest to which an owner is entitled under subsection (1) shall not be reduced for the reason only that the owner did not accept the offer made by the expropriating authority, notwithstanding that the compensation as finally determined is less than the offer.
50(4)Where the Court is of the opinion that any delay in determining compensation is attributable in whole or in part to the expropriating authority, the Court may order the expropriating authority to pay to the owner interest under subsection (1) at a rate exceeding six per cent a year but not exceeding twelve per cent a year.
50(5)The Lieutenant-Governor in Council may from time to time establish a rate of interest, in excess of six per cent a year, in place of the rate of six per cent a year referred to in this section and in such case any reference to six per cent in this section shall be read as a reference to the rate established by the Lieutenant-Governor in Council.
1973, c.6, s.50; 1974, c.13 (Supp.), s.4; 1983, c.31, s.28
Interest
50(1)Subject to subsection 37(3), the owner of land expropriated is entitled to be paid interest at the rate of six per cent a year
(a) on the portion of the compensation payable and outstanding from time to time in respect of the market value of his interest in the land, and any special economic advantage not reflected in the market value, calculated from the date the expropriating authority took possession of the land, except in the case of an owner in occupation of the land in which case interest is to be calculated from the date the owner ceased to reside on or make productive use of the land;
(b) on the portion of the compensation payable and outstanding from time to time in respect of damages for injurious affection or for disturbance, calculated from the date any such damages were incurred; and
(c) on the portion of the compensation payable and outstanding from time to time in respect of sections 42 and 43, calculated from the date of expropriation.
50(2)Subject to subsection (3), where the Court is of the opinion that any delay in determining the compensation is attributable in whole or in part to the owner, it may refuse to allow him interest for the whole or any part of the time for which he might otherwise be entitled to interest, or may allow interest at such rate less than six per cent a year as appears reasonable.
50(3)Interest to which an owner is entitled under subsection (1) shall not be reduced for the reason only that the owner did not accept the offer made by the expropriating authority, notwithstanding that the compensation as finally determined is less than the offer.
50(4)Where the Court is of the opinion that any delay in determining compensation is attributable in whole or in part to the expropriating authority, the Court may order the expropriating authority to pay to the owner interest under subsection (1) at a rate exceeding six per cent a year but not exceeding twelve per cent a year.
50(5)The Lieutenant-Governor in Council may from time to time establish a rate of interest, in excess of six per cent a year, in place of the rate of six per cent a year referred to in this section and in such case any reference to six per cent in this section shall be read as a reference to the rate established by the Lieutenant-Governor in Council.
1973, c.6, s.50; 1974, c.13(Supp.), s.4; 1983, c.31, s.28