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CONSULTATION DRAFT
Table of Provisions ... continued
Third series of proposals to harmonize federal law with the
civil law of the Province of Quebec and to amend certain Acts
in
order to
ensure that each language version takes into
account
the common law and the
civil law.
Explanatory Notes
Clause 100: Existing text of sections 25 to 27:
25. (1) Compensation shall be paid by the Crown to each person who, immediately before the registration of a notice of confirmation, was the owner of a right, estate or interest in the land to which the notice relates, to the extent of his expropriated interest, the amount of which compensation shall be equal to the aggregate of
(a) the value of the expropriated interest at the time of its taking, and
(b) the amount of any decrease in value of the remaining property of the owner, determined as provided in section 27.
(2) For the purposes of this section and sections 26 and 27, the time of the taking of an expropriated interest is,
(a) where an election has been made under subsection (3) by the owner thereof, the time specified by him in his election; and
(b) in any other case, the time when the notice of confirmation was registered.
(3) Where no copy of a notice of confirmation was sent to a person whose name is set out in the report of the Attorney General of Canada referred to in subsection 5(2) or who served an objection on the Minister under section 9 until a time more than ninety days after the registration of the notice, that person may, at any time before any compensation is paid to him in respect of any expropriated interest of which he was the owner immediately before the registration of the notice of confirmation, elect to have the value of the interest determined at either
(a) the time when the notice of confirmation was registered, or
(b) the time when the copy of the notice of confirmation was sent to him,
as specified by him in his election.
26. (1) The rules set out in this section shall be applied in determining the value of an expropriated interest.
(2) Subject to this section, the value of an expropriated interest is the market value thereof, that is to say, the amount that would have been paid for the interest if, at the time of its taking, it had been sold in the open market by a willing seller to a willing buyer.
(3) Where the owner of an expropriated interest was in occupation of any land at the time the notice of confirmation was registered and, as a result of the expropriation, it has been necessary for him to give up occupation of the land, the value of the expropriated interest is the greater of
(a) the market value thereof determined as set out in subsection (2), and
(b) the aggregate of
(i) the market value thereof determined on the basis that the use to which the expropriated interest was being put at the time of its taking was its highest and best use, and
(ii) the costs, expenses and losses arising out of or incidental to the owner’s disturbance, including moving to other premises, but if those costs, expenses and losses cannot practically be estimated or determined, there may be allowed in lieu thereof a percentage, not exceeding fifteen, of the market value determined as set out in subparagraph (i),
plus the value to the owner of any element of special economic advantage to him arising out of or incidental to his occupation of the land, to the extent that no other provision is made by this paragraph for the inclusion thereof in determining the value of the expropriated interest.
(4) In any case where the Crown has taken physical possession or made use of the land referred to in subsection (3) on the expiration of a period of notice to the owner shorter than the ninety days mentioned in paragraph 19(1)(c), there shall be added to the value of the expropriated interest otherwise determined under this section an additional amount equal to ten per cent thereof.
(5) Notwithstanding subsection (3), where any parcel of land to which a notice of confirmation relates had any building or other structure erected thereon that was specially designed for use for the purpose of a school, hospital, municipal institution or religious or charitable institution or for any similar purpose, the use of which building or other structure for that purpose by the owner has been rendered impracticable as a result of the expropriation, the value of the expropriated interest is, if the expropriated interest was and, but for the expropriation, would have continued to be used for that purpose and at the time of its taking there was no general demand or market therefor for that purpose, the greater of
(a) the market value of the expropriated interest determined as set out in subsection (2), and
(b) the aggregate of
(i) the cost of any reasonably alternative interest in land for that purpose, and
(ii) the cost, expenses and losses arising out of or incidental to moving to and re-establishment on other premises, but if those costs, expenses and losses cannot practically be estimated or determined, there may be allowed in lieu thereof a percentage, not exceeding fifteen, of the cost determined under subparagraph (i),
minus the amount by which the owner has improved, or may reasonably be expected to improve, his position through re-establishment on other premises.
(6) In any case where the Crown has taken physical possession or made use of the parcel of land referred to in subsection (5) on the expiration of a period of notice to the owner shorter than the ninety days mentioned in paragraph 19(1)(c), there shall be added to the value of the expropriated interest otherwise determined under this section an additional amount equal to ten per cent thereof.
(7) For the purposes of subparagraphs (3)(b)(ii) and (5)(b)(ii), consideration shall be given to the time and circumstances in which a former owner was allowed to continue in occupation of the land after the Crown became entitled to take physical possession or make use thereof, and to any assistance given by the Minister to enable the former owner to seek and obtain alternative premises.
(8) Where an expropriated interest was, immediately before the registration of a notice of confirmation, being used by the owner thereof for the purposes of his residence and the value of the interest otherwise determined under this section is less than the minimum amount sufficient to enable the owner, at the earlier of
(a) the time of payment to him of any compensation in respect of the interest, otherwise than pursuant to any offer made to him under section 16, and
(b) the time when the Crown became entitled to take physical possession or make use of the land to the extent of the interest expropriated,
to relocate his residence in or on premises reasonably equivalent to the premises expropriated, there shall be added to the value of the interest otherwise determined under this section the amount by which that minimum amount exceeds that value.
(9) Where an expropriated interest was, immediately before the registration of a notice of confirmation, owned by the owner thereof as a leasehold interest, there shall be substituted for the amount determined under subparagraph (3)(b)(ii) or (5)(b)(ii), or the amount by which the minimum amount referred to in subsection (8) exceeds the value of the interest referred to therein otherwise determined under this section, as the case may be, such part of that amount as is appropriate having regard to
(a) the length of the term of the leasehold interest and the portion of the term remaining at the time at which the determination is relevant;
(b) any right or reasonable prospect of renewal of the term that the owner of the leasehold interest had; and
(c) any investment in the land by the owner of the leasehold interest and the nature of any business carried on by him thereon.
(10) Where an expropriated interest was, immediately before the registration of a notice of confirmation, subject to an interest in land that was held by the owner thereof as security only, in this subsection called a
"security interest",
(a) the value of the expropriated interest is the aggregate of
(i) the value thereof otherwise determined under this section as though it had not been subject to any security interest, and
(ii) the amount of any loss or anticipated loss to the owner of the expropriated interest resulting from a difference in rates of interest during the remainder of the period for which any principal amount payable under the terms of the security was advanced, that difference to be calculated on the basis of an assumed rate of interest not in excess of the prevailing rate of interest for an equivalent security, to the extent that no other provision is made by this section for the inclusion of an amount in respect of the loss or anticipated loss in determining the value of the expropriated interest,
less the value of each security interest to which the expropriated interest was subject, determined as provided in paragraph (b) but as though no amount were included therein by virtue of subparagraph (ii) of that paragraph;
(b) the value of the security interest is the aggregate of
(i) the principal amount outstanding under the terms of the security, and any interest due or accrued thereunder, at the time of the registration of the notice of confirmation, and
(ii) an amount equal to three times the interest element, calculated as a monthly amount, of any payment of interest or of principal and interest payable under the terms of the security at the rate in effect thereunder immediately before the registration of the notice of confirmation,
and where the expropriated interest was subject to more than one security interest, the value of each security interest shall be determined in the order of its priority but in no case shall the value of any security interest to which an expropriated interest was subject exceed the value of the expropriated interest otherwise determined under this section as though it had not been subject to any security interest, less the value of each other security interest the value of which is required by this subsection to be determined in priority thereto; and
(c) where part only of the interest that was subject to a security interest was expropriated, the value of the security interest is that proportion of the value thereof otherwise determined under this subsection as though the whole of the interest subject to the security interest had been expropriated, that
(i) the value of the part only of the interest, otherwise determined under this subsection as though it had not been subject to any security interest,
is of
(ii) the value of the whole of the interest otherwise determined under this subsection as though it had not been subject to any security interest,
less the same proportion of the interest element of any payment made under the terms of the security, between the time of the registration of the notice of confirmation and the time of payment of any compensation in respect of the security interest, otherwise than pursuant to any offer made to the owner thereof under section 16.
(11) In determining the value of an expropriated interest, no account shall be taken of
(a) any anticipated or actual use by the Crown of the land at any time after the expropriation;
(b) any value established or claimed to be established by or by reference to any transaction or agreement involving the sale, lease or other disposition of the interest or any part thereof, where the transaction or agreement was entered into after the registration of the notice of intention to expropriate;
(c) any increase or decrease in the value of the interest resulting from the anticipation of expropriation by the Crown or from any knowledge or expectation, prior to the expropriation, of the public work or other public purpose for which the interest was expropriated; or
(d) any increase in the value of the interest resulting from its having been put to a use that was contrary to law.
27. (1) The amount of the decrease in value, if any, of the remaining property of an owner is the value of all of his interests in land immediately before the time of the taking of the expropriated interest, determined as provided in section 26, minus the aggregate of
(a) the value of the expropriated interest; and
(b) the value of all his remaining interests in land immediately after the time of the taking of the expropriated interest.
(2) For the purpose of paragraph (1)(b), the value of the remaining interests in land of an owner immediately after the time of the taking of the expropriated interest shall be determined as provided in section 26, except that in determining that value account shall be taken of any increase or decrease in the value of any remaining interest in land of the owner, that immediately before the registration of the notice of confirmation was held by him together with the expropriated interest, resulting from the construction or use or anticipated construction or use of any public work on the land to which the notice relates or from the use or anticipated use of that land for any public purpose.
101. Subsections 28(1) and ( 2) of the Act are replaced by the following:
Additional factors to be taken into account
28. (1) The fact of
(a) an abandonment or revesting under this Part of an interest in land or an immovable real right or of the remainder of the interest or rights, or
(b) any undertaking given on behalf of the Crown by the Minister, or by any other person within the scope of the Minister’s authority, to make any alteration, construct any work or grant or concede or transfer any other land or interest in land or immovable real right ,
shall be taken into account, in connection with all other circumstances of the case, in determining the amount to be paid to any person claiming compensation for an expropriated interest or right.
Compensation payable if intention to expropriate abandoned
(2) If an intention to expropriate an interest in land or immovable real right or the remainder of the interest or rights has been abandoned, the compensation payable by the Crown to its owner or holder is the amount of any actual loss sustained by the owner or holder, after the time when the notice of intention was registered and before the time when the abandonment of the intention, or the intention to expropriate a more limited interest or right, as the case may be, was confirmed, in consequence of the registration
(a) of the notice of intention, if the intention to expropriate the interest or right has been abandoned; or
(b) of the notice of intention in so far as that notice relates to the remainder of the interest or rights, if the intention to expropriate the remainder has been abandoned.
Explanatory Notes
Clause 101: Existing text of subsections 28(1) and (2):
28. (1) The fact of
(a) an abandonment or revesting under this Part of an interest or remainder of an interest in land, or
(b) any undertaking given on behalf of the Crown by the Minister, or by any other person within the scope of his authority, to make any alteration, construct any work or grant or convey any other land or interest therein,
shall be taken into account, in connection with all other circumstances of the case, in determining the amount to be paid to any person claiming compensation for an expropriated interest.
(2) Where an intention to expropriate an interest or remainder of an interest in land has been abandoned, the compensation payable by the Crown to the owner thereof is the amount of any actual loss sustained by the owner, after the time when the notice of intention was registered and before the time when the abandonment of the intention, or the intention to expropriate a more limited interest, as the case may be, was confirmed, in consequence of the registration
(a) of the notice of intention, where the intention to expropriate the interest has been abandoned; or
(b) of the notice of intention in so far as that notice relates to the remainder of the interest, where the intention to expropriate the remainder has been abandoned.
102. (1) Subsections 30(1) and (2) of the Act are replaced by the following:
Notice to negotiate settlement of compensation payable
30. (1) If, after an offer of compensation in respect of an expropriated interest or right has been made under section 16 to any person entitled to compensation, that person and the Minister are unable to agree on the amount of the compensation either the person or the Minister may, within 60 days after the day on which the offer is made, serve on the other a notice to negotiate settlement of the compensation to which the person is then entitled.
Stay of proceedings
(2) If a notice has been served as provided in subsection (1), no proceedings under sections 31 and 32 are to be instituted, or if instituted are to be proceeded with, by or on behalf of either the person entitled to compensation or the Attorney General of Canada in respect of the expropriation, until the expiration of 60 days after the day on which the notice is served, unless before the expiration of those 60 days the negotiator to whom the matter is referred under subsection (4) has made a report to the Minister that he or she has been unable to effect a settlement and has sent a copy of the report to the person entitled to compensation.
Explanatory Notes
Clause 102: (1) Existing text of subsections 30(1) and (2):
30. (1) Where, after an offer of compensation in respect of an expropriated interest has been made under section 16 to any person, in this section referred to as
"the owner", the owner and the Minister are unable to agree on the amount of compensation to which the owner is then entitled, either the owner or the Minister may, within sixty days after the making of the offer, serve on the other a notice to negotiate settlement of the compensation to which the owner is then entitled.(2) Where a notice referred to in subsection (1) has been served as provided in that subsection, no proceedings under sections 31 and 32 shall be instituted, or if instituted shall be proceeded with, by or on behalf of either the owner or the Attorney General of Canada in respect of the expropriation, until the expiration of sixty days from the serving of the notice, unless before the expiration of those sixty days the negotiator to whom the matter is referred under subsection (4) has made a report to the Minister that he has been unable to effect a settlement and has sent a copy of his report to the owner.
(2) Subsections 30(4) to (6) of the Act are replaced by the following:
Reference to negotiator
(4) Immediately after any notice to negotiate is served on the Minister or a person entitled to compensation in accordance with this section, the Minister shall refer the matter to a negotiator appointed under subsection (3) who shall, on reasonable notice to that person and the Minister, meet with them or their authorized representatives, make any inspection of the land that he or she deems necessary, receive and consider any appraisals, valuations or other written or oral evidence submitted to him or her on which either the person or the Minister relies for his or her estimation of the amount of the compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement of the compensation payable.
Report of negotiator
(5) The negotiator shall, within 60 days after the day on which the notice to negotiate is served, report to the Minister his or her success or failure in the matter of the negotiation, and shall thereupon send a copy of his or her report to the person entitled to compensation.
Statements in course of negotiation
(6) Evidence of anything said or of any admission made in the course of a negotiation under this section is not admissible in any proceedings before a court for the recovery or determination of the compensation payable to the person entitled to it.
Explanatory Notes
(2) Existing text of subsections 30(4) to (6):
(4) Forthwith after any notice to negotiate is served on the Minister or an owner in accordance with this section, the Minister shall refer the matter to a negotiator appointed under subsection (3) who shall, on reasonable notice to the owner and the Minister, meet with them or their authorized representatives, make such inspection of the land as he deems necessary, receive and consider any appraisals, valuations or other written or oral evidence submitted to him on which either the owner or the Minister relies for his estimation of the amount of the compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement of the compensation payable.
(5) The negotiator shall, within sixty days from the service of the notice to negotiate, report to the Minister his success or failure in the matter of the negotiation, and shall thereupon send a copy of his report to the owner.
(6) Evidence of anything said or of any admission made in the course of a negotiation under this section is not admissible in any proceedings before a court for the recovery or determination of the compensation payable to the owner.
103. (1) The portion of paragraph 31(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) a person entitled to compensation in respect of an expropriated interest or right may,
(2) Subparagraph 31(1)(b)(ii) of the Act is replaced by the following:
(ii) the names, so far as they have been ascertained, of each of the persons entitled to compensation in respect of an expropriated interest or right and the names of the persons who are to be parties to the proceedings,
Explanatory Notes
Clause 103: (1) and (2) Relevant portion of subsection 31(1):
31. (1) Subject to section 30,
(a) a person entitled to compensation in respect of an expropriated interest may,
...
(b) the Attorney General of Canada may at any time after the registration of the notice of confirmation, whether or not proceedings under paragraph (a) have been commenced, file a notice in the matter in the Court setting out
...
(ii) the names, so far as they have been ascertained, of each of the persons entitled to compensation in respect of an expropriated interest and the names of the persons who are to be parties to the proceedings,
104. Subsection 32(5) of the Act is replaced by the following:
Judgment as bar to further claims
(5) A judgment, whether by consent, default or otherwise, in any proceedings under this section or section 31 bars all further claims of the parties and of any persons claiming on their behalf or under their direction, including any claim in respect of dower or of dower not yet open or in respect of any mortgage, hypothec or other right, and the Court shall declare the amount of compensation payable and make any order for the distribution, payment or investment of any compensation money, and for the securing of the rights of all persons interested, that may be necessary.
Explanatory Notes
Clause 104: Existing text of subsection 32(5):
(5) A judgment, whether by consent, default or otherwise, in any proceedings under this section or section 31 bars all further claims of the parties thereto and of any persons claiming through or under them, including any claim in respect of dower or of dower not yet open or in respect of any mortgage, hypothec or other right or encumbrance, and the Court shall declare the amount of compensation payable and make such order for the distribution, payment or investment of any compensation money, and for the securing of the rights of all persons interested, as may be necessary.
105. Sections 33 to 35 of the Act are replaced by the following:
Character of compensation
33. (1) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of an expropriated interest or right stands in lieu of the interest or right.
Effect of payment in case of security interest or real security
(2) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of a security interest or real security described in subsection 26(10) is, for all purposes as between the owner or holder of the interest or right, subject to the security interest or real security and the owner or holder of the security interest or real security, to be deemed to discharge any liability, under the terms of the security, of the owner or holder of the interest or right, subject to the security interest or real security, to the extent of the compensation so agreed or adjudged to be payable, and, if any amount or proportion of any amount described in subparagraph 26(10)(b)(ii) is included in the compensation, to be in full satisfaction of any notice or bonus required under the terms of the security in respect of its prepayment resulting from the expropriation.
Crown in position of purchaser
34. If any compensation in respect of an expropriated interest or right has been paid to a person of whose right to claim compensation the Crown had notice at the time of payment, no compensation is payable to another person, whether that other person’s interest or right is derived from the person to whom compensation has been paid or otherwise, if under the law of the province in which the land is situated the interest or right giving rise to the claim to compensation of that other person would have been void or, in Quebec, null or unenforceable against the Crown had the Crown, at the time the notice of intention was registered, been a purchaser of the expropriated interest or right.
Set-off and recovery of excess compensation
35. If any compensation has been paid to a person in respect of an expropriated interest or right pursuant to an offer made to them under section 16, the amount so paid to that person is to be deducted from the amount of the compensation adjudged by the Court under this Part to be payable to them in respect of that interest or right, and when the paid amount exceeds the amount so adjudged to be payable, the excess constitutes a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction.
Explanatory Notes
Clause 105: Existing text of sections 33 to 35:
33. (1) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of an expropriated interest stands in the stead of the interest.
(2) Any compensation agreed to be payable or the compensation adjudged by the Court under this Part to be payable in respect of a security interest described in subsection 26(10) shall, for all purposes as between the owner of the interest subject to the security interest and the owner of the security interest, be deemed to discharge any liability, under the terms of the security, of the owner of the interest subject to the security interest, to the extent of the compensation so agreed or adjudged to be payable, and, where any amount or proportion of any amount described in subparagraph 26(10)(b)(ii) is included in the compensation, to be in full satisfaction of any notice or bonus required under the terms of the security in respect of the prepayment thereof resulting from the expropriation.
34. Where any compensation in respect of an expropriated interest has been paid to a person of whose right to claim compensation the Crown had notice at the time of payment, no compensation is payable to another person, whether the right or interest of that other person is derived from the person to whom compensation has been paid or otherwise, if under the law of the province in which the land is situated the right or interest giving rise to the claim to compensation of that other person would have been void or unenforceable against the Crown had the Crown, at the time the notice of intention was registered, been a purchaser of the interest.
35. Where any compensation has been paid to a person in respect of an expropriated interest pursuant to an offer made to him under section 16, the amount so paid to that person shall be deducted from the amount of the compensation adjudged by the Court under this Part to be payable to him in respect thereof, and where the amount so paid exceeds the amount so adjudged to be payable, the excess constitutes a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction.
106. The
definition "compensation"
in
subsection 36(1) of the Act is replaced by the following:
"compensation"
« indemnité »
"compensation"means the amount adjudged by the Court under this Part to be payable in respect of an expropriated interest or right;
Explanatory Notes
Clause 106: Existing text of the definition:
"compensation"means the amount of the compensation adjudged by the Court under this Part to be payable in respect of an expropriated interest;
107. Subsection 37(1) of the Act is replaced by the following:
Entry for inspection appraisal
37. (1) If a notice of intention has been registered, any person authorized in writing in that behalf by the Minister may, at any reasonable time on notice to a person in occupation of the land to which the notice relates, enter on the land for the purpose of making any inspection of the land that they are authorized by this Part to make, or for the purpose of making an appraisal of the value of the land or any interest in land or immovable real right.
Explanatory Notes
Clause 107: Existing text of subsection 37(1):
37. (1) Where a notice of intention has been registered, any person authorized in writing in that behalf by the Minister may, at any reasonable time on notice to a person in occupation of the land to which the notice relates, enter on the land for the purpose of making any inspection of the land that he is authorized by this Part to make, or for the purpose of making an appraisal of the value of the land or any interest therein.
108. Subsection 38(1) of the Act is replaced by the following:
Warrant for possession
38. (1) When the Minister, or a person acting for the Minister, is prevented from entering on or taking physical possession or making use of any land to the extent of any expropriated interest or right under this Part, a judge of the Court or any judge of a superior court of a province may, on proof of the expropriation and, when required, of the right of the Crown to take physical possession or make use of it, and after notice to show cause given in any manner and to any persons who shall be parties to the proceedings that the judge prescribes, issue a warrant in accordance with the form set out in the schedule to the appropriate sheriff directing that the Minister, or a person authorized to act for the Minister, be put in physical possession of the land to the extent of the expropriated interest or right.
Explanatory Notes
Clause 108: Existing text of subsection 38(1):
38. (1) When the Minister, or a person acting for the Minister, is prevented from entering on or taking physical possession or making use of any land to the extent of any interest expropriated under this Part, a judge of the Court or any judge of a superior court of a province may, on proof of the expropriation and, when required, of the right of the Crown to take physical possession or make use thereof, and after notice to show cause given in such manner and to such persons who shall be parties to the proceedings as the judge prescribes, issue his warrant in accordance with the form set out in the schedule to the appropriate sheriff directing him to put the Minister, or a person authorized to act for him, in physical possession of the land to the extent of the interest expropriated.
109. Subsection 39(2) of the Act is replaced by the following:
Costs payable by the Crown
(2) If the amount of the compensation adjudged under this Part to be payable to a party to any proceedings in the Court under sections 31 and 32 in respect of an expropriated interest or right does not exceed the total amount of any offer made under section 16 and any subsequent offer made to the party in respect of that interest or right before the commencement of the trial of the proceedings, the Court shall, unless it finds the amount of the compensation claimed by the party in the proceedings to have been unreasonable, direct that the whole of the party’s costs of and incident to the proceedings be paid by the Crown, and if the amount of the compensation so adjudged to be payable to the party exceeds that total amount, the Court shall direct that the whole of the party’s costs of and incident to the proceedings, determined by the Court on a solicitor and client basis, be paid by the Crown.
Explanatory Notes
Clause 109: Existing text of subsection 39(2):
(2) Where the amount of the compensation adjudged under this Part to be payable to a party to any proceedings in the Court under sections 31 and 32 in respect of an expropriated interest does not exceed the total amount of any offer made under section 16 and any subsequent offer made to the party in respect thereof before the commencement of the trial of the proceedings, the Court shall, unless it finds the amount of the compensation claimed by the party in the proceedings to have been unreasonable, direct that the whole of the party’s costs of and incident to the proceedings be paid by the Crown, and where the amount of the compensation so adjudged to be payable to the party exceeds that total amount, the Court shall direct that the whole of the party’s costs of and incident to the proceedings, determined by the Court on a solicitor and client basis, be paid by the Crown.
110. (1) Subsection 44(1) of the Act is replaced by the following:
Appointment of trustee, etc., to act for persons under disability
44. (1) The Court may, when a trustee, guardian, tutor or curator, or someone else representing any person who is incapable or any other persons including issue unborn is unable or unwilling to act on their behalf or where any such person or persons including issue unborn are not so represented, after any notice that the Court may direct, appoint a trustee, guardian, tutor or curator, or other representative to act on their behalf for the purposes of this Act.
Explanatory Notes
Clause 110: (1) Existing text of subsection 44(1):
44. (1) The Court may, where a trustee, guardian or other person representing any person under a disability or any other persons including issue unborn is unable or unwilling to act on his or their behalf or where any such person or persons including issue unborn are not so represented, after such notice as the Court may direct, appoint a trustee, guardian or other person ad litem to act on his or their behalf for the purposes of this Act.
(2) Subsection 44(3) of the Act is replaced by the following:
Contract, etc., binding
(3) Any contract, agreement, release or receipt made or given by any person appointed under subsection (1) and any instrument or act of transfer made or given in pursuance of the contract or agreement is binding for all purposes on the person by whom and any person or persons including issue unborn on behalf of whom the contract, agreement, release or receipt is made or given.
Explanatory Notes
(2) Existing text of subsection 44(3):
(3) Any contract, agreement, release or receipt made or given by any person appointed under subsection (1) and any conveyance or other instrument made or given in pursuance of the contract or agreement is binding for all purposes on the person by whom and any person or persons including issue unborn on behalf of whom the contract, agreement, release or receipt is made or given.
111. The schedule to the Act is replaced by the schedule set out in the schedule to this Act.
SCHEDULE
(Section 111)
SCHEDULE
(Section
38)
WARRANT
IN THE MATTER OF
the Expropriation Act
of Canada
Province of
or Territory
AND IN THE MATTER OF
...................................
To:
The sheriff of the ............
Whereas the appropriate Minister in relation to Part I of the Expropriation Act or a person acting for him or her has been prevented from entering on or taking physical possession of the land described below, to the extent of any expropriated interest or right in that land under the Act:
And whereas the proof required by section 38 of the Act has been made before me;
This is therefore to command you in Her Majesty’s name to immediately put the Minister or the person authorized to act for him or her in physical possession of the said land to the extent of the expropriated interest or right in that land and make return of this Warrant to the (name of court) and of the manner in which it was executed.
Given under my hand this ................ day of ................, 20....
.........................................
Judge
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