Acts and Regulations

E-14 - Expropriation Act

Full text
Notice of intention
8(1)Every expropriating authority who files a notice of intention under section 6, and every person who files an application under section 7, shall
(a) cause to be served upon each owner of the land as set out pursuant to paragraph 6(h), a copy of the notice of intention or the application, as the case may be;
(b) cause to be published once in a newspaper having general circulation in the locality in which the land is situated a notice
(i) stating that on a specified date a notice of intention or an application was filed with the Officer,
(ii) describing the land affected by the notice or application sufficiently to identify its location,
(iii) stating that the notice of intention or application and the accompanying documents referred to in section 6 may be examined during normal office hours at the office of the Officer, and that a copy may be obtained for a nominal fee on request directed to the office of the Officer, and
(iv) stating the address and mailing address of the office of the Officer,
and it is not necessary to publish the notice of intention, application or accompanying documents;
(c) cause to be registered in the registry office for the county in which the land is situated, for entry in a book kept by the Registrar of Deeds for that purpose and indexed by him with reference to the names of the registered owners of the land, a notice
(i) stating that on a specified date the notice of intention or the application was filed with the Officer, and
(ii) containing the names of all registered owners of the land and a description of the land sufficient to identify it.
8(2)Attached to every copy or notice required by paragraph (1)(a) or (b) to be served or published there shall be a statement, in a form prescribed by the Officer, setting out
(a) where a notice of intention has been filed, that an objection to the proposed expropriation may be made by any owner of the land, including a tenant, or by any person whose land, in the opinion of the Officer, may be injuriously affected by the proposed expropriation;
(b) where an application for an expropriation has been filed, that an objection to the proposed expropriation may be made by any person;
(c) that objections may be made by filing a notice of objection with the Officer;
(d) the address for filing notices of objection with the Officer;
(e) the period established by this Act for the filing of objections;
(f) the form in which a notice of objection shall be made; and
(g) that, subject to this Act, a hearing will be held upon the filing of objections.
8(3)Where the Officer is satisfied that the expropriating authority or the applicant cannot reasonably comply with paragraph (1)(a), the Officer may waive the requirement or may require that notice be given in such other manner as the Officer may direct.
8(4)Every expropriating authority and every applicant shall file with the Officer evidence of compliance with this section in a form prescribed by the Officer.
8(5)Repealed: 1983, c.31, s.6
1973, c.6, s.8; 1974, c.13 (Supp.), s.1.1; 1978, c.18, s.2; 1982, c.23, s.2; 1983, c.31, s.6; 2014, c.66, s.2
Notice of intention
8(1)Every expropriating authority who files a notice of intention under section 6, and every person who files an application under section 7, shall
(a) cause to be served upon each owner of the land as set out pursuant to paragraph 6(h), a copy of the notice of intention or the application, as the case may be;
(b) cause to be published once in a newspaper having general circulation in the locality in which the land is situated a notice
(i) stating that on a specified date a notice of intention or an application was filed with the Officer,
(ii) describing the land affected by the notice or application sufficiently to identify its location,
(iii) stating that the notice of intention or application and the accompanying plan of survey and statement referred to in section 6 may be examined during normal office hours at the office of the Officer, and that a copy thereof may be obtained for a nominal fee on request directed to the office of the Officer, and
(iv) stating the address and mailing address of the office of the Officer,
and it is not necessary to publish such notice of intention, application, plan of survey or statement;
(c) cause to be registered in the registry office for the county in which the land is situated, for entry in a book kept by the Registrar of Deeds for that purpose and indexed by him with reference to the names of the registered owners of the land, a notice
(i) stating that on a specified date the notice of intention or the application was filed with the Officer, and
(ii) containing the names of all registered owners of the land and a description of the land sufficient to identify it.
8(2)Attached to every copy or notice required by paragraph (1)(a) or (b) to be served or published there shall be a statement, in a form prescribed by the Officer, setting out
(a) where a notice of intention has been filed, that an objection to the proposed expropriation may be made by any owner of the land, including a tenant, or by any person whose land, in the opinion of the Officer, may be injuriously affected by the proposed expropriation;
(b) where an application for an expropriation has been filed, that an objection to the proposed expropriation may be made by any person;
(c) that objections may be made by filing a notice of objection with the Officer;
(d) the address for filing notices of objection with the Officer;
(e) the period established by this Act for the filing of objections;
(f) the form in which a notice of objection shall be made; and
(g) that, subject to this Act, a hearing will be held upon the filing of objections.
8(3)Where the Officer is satisfied that the expropriating authority or the applicant cannot reasonably comply with paragraph (1)(a), the Officer may waive the requirement or may require that notice be given in such other manner as the Officer may direct.
8(4)Every expropriating authority and every applicant shall file with the Officer evidence of compliance with this section in a form prescribed by the Officer.
8(5)Repealed: 1983, c.31, s.6
1973, c.6, s.8; 1974, c.13 (Supp.), s.1.1; 1978, c.18, s.2; 1982, c.23, s.2; 1983, c.31, s.6
Notice of intention
8(1)Every expropriating authority who files a notice of intention under section 6, and every person who files an application under section 7, shall
(a) cause to be served upon each owner of the land as set out pursuant to paragraph 6(h), a copy of the notice of intention or the application, as the case may be;
(b) cause to be published once in a newspaper having general circulation in the locality in which the land is situated a notice
(i) stating that on a specified date a notice of intention or an application was filed with the Officer,
(ii) describing the land affected by the notice or application sufficiently to identify its location,
(iii) stating that the notice of intention or application and the accompanying plan of survey and statement referred to in section 6 may be examined during normal office hours at the office of the Officer, and that a copy thereof may be obtained for a nominal fee on request directed to the office of the Officer, and
(iv) stating the address and mailing address of the office of the Officer,
and it is not necessary to publish such notice of intention, application, plan of survey or statement;
(c) cause to be registered in the registry office for the county in which the land is situated, for entry in a book kept by the Registrar of Deeds for that purpose and indexed by him with reference to the names of the registered owners of the land, a notice
(i) stating that on a specified date the notice of intention or the application was filed with the Officer, and
(ii) containing the names of all registered owners of the land and a description of the land sufficient to identify it.
8(2)Attached to every copy or notice required by paragraph (1)(a) or (b) to be served or published there shall be a statement, in a form prescribed by the Officer, setting out
(a) where a notice of intention has been filed, that an objection to the proposed expropriation may be made by any owner of the land, including a tenant, or by any person whose land, in the opinion of the Officer, may be injuriously affected by the proposed expropriation;
(b) where an application for an expropriation has been filed, that an objection to the proposed expropriation may be made by any person;
(c) that objections may be made by filing a notice of objection with the Officer;
(d) the address for filing notices of objection with the Officer;
(e) the period established by this Act for the filing of objections;
(f) the form in which a notice of objection shall be made; and
(g) that, subject to this Act, a hearing will be held upon the filing of objections.
8(3)Where the Officer is satisfied that the expropriating authority or the applicant cannot reasonably comply with paragraph (1)(a), the Officer may waive the requirement or may require that notice be given in such other manner as the Officer may direct.
8(4)Every expropriating authority and every applicant shall file with the Officer evidence of compliance with this section in a form prescribed by the Officer.
8(5)Repealed: 1983, c.31, s.6
1973, c.6, s.8; 1974, c.13(Supp.), s.1.1; 1978, c.18, s.2; 1982, c.23, s.2; 1983, c.31, s.6