Bill S-12

Expropriation Act

127. (1) The definitions “expropriated interest”, “interest in land” and “owner” in section 2 of the Expropriation Act are repealed.

(2) The definitions “land” and “registrar” in section 2 of the Act are replaced by the following:

“land” includes mines, buildings, structures, other things in the nature of fixtures and objects that are immovable within the meaning of Quebec civil law and also includes minerals whether precious or base, on, above or below the surface, but excludes minerals above the surface in Quebec;

“registrar” means the officer with whom the titles relating to real property and immovables are registered or recorded.

(3) The definition “enregistrer” in section 2 of the French version of the Act is replaced by the following:

(4) Section 2 of the Act is amended by adding the following in alphabetical order:

“expropriated interest or right” means any estate, interest or right that has been lost, in whole or in part, by the registration of a notice of confirmation under Part I;

(5) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:

(2) For the purposes of this Act,

(a) an interest in land relates to any land in Canada elsewhere than in Quebec;

(b) an immovable real right relates to any land in Quebec and includes the right of a lessee of the land;

(c) an owner of an interest is a person who has a right, estate or interest in any land in Canada elsewhere than in Quebec; and

(d) a holder of a right is a person who has a right in any land in Quebec, including a lessee of the land.

128. Subsection 4(1) of the Act is replaced by the following:

4. (1) Any interest in land or immovable real right, including any of the interests or rights mentioned in sections 7 and 7.1, that, in the opinion of the Minister, is required by the Crown for a public work or other public purpose may be expropriated by the Crown in accordance with the provisions of this Part.

129. (1) Subsections 4.1(1) to (3) of the Act are replaced by the following:

4.1 (1) If a railway company, as defined in section 87 of the Canada Transportation Act, requires an interest in land or immovable real right for the purposes of its railway and has unsuccessfully attempted to purchase the interest or right, the railway company may request the Minister of Transport to have the Minister have the interest or right expropriated by the Crown in accordance with this Part.

(2) The Minister shall have the interest in land or immovable real right expropriated by the Crown in accordance with this Part if

(a) the Minister of Transport is of the opinion that the interest or right is required by the railway company for its railway and recommends to the Governor in Council that it be expropriated in accordance with this Part; and

(b) the Governor in Council consents to the expropriation of the interest or right.

(3) If the Minister of Transport is of the opinion that the interest in land or immovable real right is required by the railway company for its railway, the Minister is deemed to be of the opinion that the interest or right is required by the Crown for a public work or other public purpose.

(2) Subsection 4.1(6) of the French version of the Act is replaced by the following:

(3) Subsection 4.1(7) of the English version of the Act is replaced by the following:

(7) For the purpose of this section, the reference to the Crown in section 15 shall be read as a reference to the railway company that made a request under subsection (1).

(4) Subsection 4.1(8) of the Act is replaced by the following:

(8) If an interest in land or immovable real right that was vested in the Crown before the expropriation is obtained by a railway company under section 15, the railway company may not alienate that interest or right except to transfer it to the Crown.

130. Sections 5 to 7 of the Act are replaced by the following:

5. (1) If, in the opinion of the Minister, any interest in land or immovable real right is required by the Crown for a public work or other public purpose, the Minister may request the Attorney General of Canada to register a notice of intention to expropriate the interest or right, signed by the Minister, setting out

(a) a description of the land;

(b) the nature of the interest or right intended to be expropriated and whether the interest or right is intended to be subject to any existing interest in land or immovable real right;

(c) an indication of the public work or other public purpose for which the interest or right is required; and

(d) a statement that it is intended that the interest or right be expropriated by the Crown.

(2) On receiving from the Minister a request to register a notice of intention described in this section, the Attorney General of Canada shall cause the notice, together with a plan of the land to which the notice relates, to be registered in the office of the registrar for the county, district or registration division in which the land is situated, and, after causing any investigations and searches to be made respecting the state of the title to the land that appear to him or her to be necessary or desirable, the Attorney General of Canada shall provide the Minister with a report setting out the names and latest known addresses, if any, of the persons appearing to have any estate, interest or right in the land, so far as he or she has been able to ascertain them.

(3) If, in the opinion of the Minister, the interest or right to which a notice of intention described in this section relates is required by the Crown for a purpose related to the safety or security of Canada or a state allied or associated with Canada and it would not be in the public interest to indicate that purpose, a statement in the notice to the effect that the interest or right is required by the Crown for such a purpose is sufficient compliance with paragraph (1)(c) without any other indication.

(4) Subject to subsection (3), the Minister shall, for the purposes of sections 9 and 10 and to the extent that it appears to him or her practicable and in the public interest to do so, make available to any person on request any additional information that is available to the Minister with respect to the public work or other public purpose for which the interest or right to which a notice registered under this section relates is required by the Crown.

6. (1) If a notice or plan registered under section 5 contains any omission, misstatement or erroneous description, a corrected notice or plan may be registered and will be deemed to relate back to the day the original notice or plan was registered.

(2) A notice registered under section 5 is not invalid by reason only that it does not set out the nature of the interest or right intended to be expropriated and, in that case, the interest or right intended to be expropriated includes all the interests in the land or immovable real rights to which the notice relates.

(3) A notice registered under section 5 is not invalid by reason only that it does not set out whether the interest or right intended to be expropriated is intended to be subject to an existing interest in land or immovable real right to which the notice relates, and, if it does not do so, the interest or right intended to be expropriated is not subject to that existing interest or right.

(4) If it appears to the Attorney General of Canada that any land, interest in land or immovable real right to which a notice registered under section 5 relates belongs to Her Majesty in right of any province, he or she shall immediately cause the attorney general of the province to be notified of the registration and its particulars.

7. In Canada elsewhere than in Quebec, a notice of intention may set out, as the nature of the interest intended to be expropriated, any estate or interest in land, including, without restricting the generality of the foregoing,

(a) an interest limited as to time or by condition or otherwise;

(b) an easement, profit or other servitude;

(c) any right to, over or in respect of land that might be conferred by the owner of the land, whether or not that right, if conferred by the owner, could be asserted against a subsequent owner of the land;

(d) any restriction on the use of land that might be assumed by covenant or other agreement, whether or not that restriction, if assumed by the owner of the land, could be asserted against a subsequent owner thereof; and

(e) the exclusive possession of land for a limited time or for a definite or indefinite period, subject to any conditions or limitations that may be specified in the notice.

7.1 In Quebec, a notice of intention may set out, as the nature of the right intended to be expropriated, any immovable real right.

131. (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:

8. (1) If a notice of intention to expropriate an interest in land or immovable real right has been registered, the Minister shall cause a copy of the notice

(2) Subsection 8(3) of the Act is replaced by the following:

(3) There shall be included in any notice or copy published or sent as described in subsection (1) a statement of the provisions of section 9 as that section applies to the intended expropriation of the interest or right to which the notice relates.

132. Section 9 of the Act is replaced by the following:

9. Any person who objects to the intended expropriation of an interest in land or immovable real right to which a notice of intention relates may, within 30 days after the day on which the notice is given, serve on the Minister an objection in writing stating the name and address of that person and indicating the nature of the objection, the grounds on which the objection is based and the nature of the interest of that person in the matter of the intended expropriation.

133. (1) Subsection 10(6) of the English version of the Act is replaced by the following:

(6) Any person who may be heard at a public hearing under this section may be represented by legal counsel at the hearing.

(2) Subsection 10(11) of the Act is replaced by the following:

(11) If, before a notice of intention is registered, the Governor in Council is of the opinion that the physical possession or use by the Crown of the land to the extent of the interest or right intended to be expropriated is, by reason of special circumstances, urgently required and that to order that a public hearing be conducted with respect to it would occasion a delay prejudicial to the public interest, the Governor in Council may direct that no order be made by the Minister under subsection (1) with respect to the intended expropriation and, in which case, a statement to that effect shall be included in the notice of intention.

134. Subsection 11(3) of the Act is replaced by the following:

(3) Whenever, at the time of confirming an intention to expropriate an interest in land or immovable real right, the Minister is of the opinion that a more limited interest or right is required by the Crown for a public work or other public purpose, the Minister may confirm the intention to expropriate the more limited interest or right, in which case the Minister shall be deemed to have abandoned the intention to expropriate the remainder of the interest in land or immovable real rights.

135. Sections 12 and 13 of the Act are replaced by the following:

12. (1) If the Minister has abandoned an intention to expropriate an interest in land or immovable real right otherwise than by confirming an intention to expropriate a more limited interest or right in it, the Minister shall immediately cause a notice of abandonment of the intention to be sent

(a) to each of the persons then appearing to have any estate, interest or right in the land, so far as the Attorney General of Canada has been able to ascertain them, and each other person who served an objection on the Minister under section 9; and

(b) to the Attorney General of Canada, who shall immediately confirm the abandonment by causing the notice to be registered in the office of the registrar where the notice of intention was registered.

(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, compensation in accordance with this Part shall be paid by the Crown to any person who was the owner or holder of the interest or right or of the remainder of the interest or rights at the time when the notice of intention was registered.

13. If the Minister, after receiving and considering a report of a hearing officer appointed to conduct a public hearing with respect to an objection served on the Minister by any person under section 9, has confirmed an intention to expropriate an interest in land or immovable real right, or a more limited interest or right in it, in the manner provided in section 14, the Minister shall, at the written request of the person who served the objection, provide that person with a copy of the report of the hearing officer and, if effect was not given to the objection, a statement of the reasons that the Minister had for not giving it effect.

136. Subsection 14(1) of the Act is replaced by the following:

14. (1) The Minister may confirm an intention to expropriate an interest in land or immovable real right to which a notice of intention relates, or a more limited interest or right in the land, by requesting the Attorney General of Canada to register a notice of confirmation, signed by the Minister, setting out,

(a) if the interest or right expropriated is the same as the interest or right to which the notice of intention relates, a statement that the intention to expropriate that interest or right is confirmed; or

(b) if the interest or right expropriated is a more limited interest or right than the interest or right to which the notice of intention relates, a statement that the intention to expropriate the interest or right to which the notice of intention relates is confirmed except as expressly specified in the statement.

137. Sections 15 and 16 of the Act are replaced by the following:

15. On the registration of a notice of confirmation,

(a) the interest or right confirmed to be expropriated becomes and is absolutely vested in the Crown; and

(b) any other estate, interest or right is, as against the Crown or any person claiming on behalf of or under the direction of the Crown, thereby lost to the extent that the estate, interest or right is inconsistent with the interest or right confirmed to be expropriated.

16. (1) When a notice of confirmation has been registered, the Minister shall,

(a) immediately after the registration of the notice, cause a copy of the notice to be sent to each of the persons then appearing to have any estate, interest or right in the land, so far as the Attorney General of Canada has been able to ascertain them, and each other person who served an objection on the Minister under section 9; and

(b) within 90 days after the day on which the notice is registered, or, if at any time before the expiration of those 90 days an application has been made under section 18, within the later of

(i) 90 days after the day on which the notice is registered, or

(ii) 30 days after the day on which the application is finally disposed of,

make to each person who is entitled to compensation under this Part, in respect of an expropriated interest or right to which the notice of confirmation relates, an offer in writing of compensation, in an amount estimated by the Minister to be equal to the compensation to which that person is then entitled under this Part in respect of that interest or right, not conditional on the provision by that person of any release or releases and without prejudice to the right of that person, if the person accepts the offer, to claim additional compensation in respect thereof.

(2) If, in any case, it is not practicable for the Minister to make an offer of compensation under this section in respect of an expropriated interest or right within the applicable period described in paragraph (1)(b), the Minister shall make such an offer as soon as practicable after the expiration of that period and in any event before any compensation is adjudged by the Court to be payable under this Part in respect of that interest or right, in which case, interest as described in subsection 36(4) is payable in addition to any other interest payable under section 36 to the person entitled to compensation in respect of that interest or right.

(3) An offer of compensation made to a person under this section in respect of an expropriated interest or right shall be based on a written appraisal of the value of that interest or right, and a copy of the appraisal shall be sent to that person at the time of the making of the offer.

(4) There shall be included in any copy of a notice of confirmation sent to any person as described in paragraph (1)(a) a statement of the provisions of section 29 as that section applies to them, and there is to be included in any offer in writing sent to any person as described in paragraph (1)(b) a statement to the effect that the offer is not conditional on them providing any release or releases and is made without prejudice to their right, if the offer is accepted, to claim additional compensation in respect of the expropriated interest or right.

138. (1) Subsection 18(1) of the Act is replaced by the following:

18. (1) If the Attorney General of Canada, at any time after the registration of a notice of confirmation, is in doubt as to the persons who had any estate, interest or right in the land to which the notice relates or as to its nature or extent, the Attorney General of Canada may apply to the Court to make a determination respecting the state of the title to the land or any part of the land immediately before the registration of the notice, and to adjudge who had an estate, interest or right in the land at that time, and its nature and extent.

(2) Subsections 18(3) and (4) of the Act are replaced by the following:

(3) After the hearing under subsection (2), the Court shall either adjudge for the purposes of this Part what persons had any estate, interest or right in the land to which the notice of confirmation relates immediately before the registration of the notice, and its nature and extent, or direct an issue or issues to be tried for the purpose of enabling the Court to make such an adjudication.

(4) An adjudication made by the Court for the purposes of this Part is deemed to be a final judgment of the Court and, subject to variation on appeal, if any, to finally determine for all purposes of this Part what persons had any estate, interest or right in the land to which the notice of confirmation relates immediately before the registration of the notice, and its nature and extent.

139. Sections 19 to 21 of the Act are replaced by the following:

19. (1) Despite section 15, the Crown becomes entitled to take physical possession or make use of any land to which a notice of confirmation relates, to the extent of the expropriated interest or right, only at such of the following times as is applicable:

(a) at the time of the registration of the notice of confirmation, if at that time no other person who was the owner or holder of an interest or right in the land immediately before the registration of the notice of confirmation is in occupation of the land;

(b) at such time, if any, after the registration of the notice of confirmation as physical possession or use of the land to the extent of the expropriated interest or right is given up to the Crown without any notice under paragraph (c) having been sent to the persons described in that paragraph; or

(c) in any other case, at any time after the registration of the notice of confirmation that

(i) the Minister has sent a notice to each of the persons appearing to have had any estate, interest or right in the land at the time of the registration of the notice of confirmation, so far as the Attorney General of Canada has been able to ascertain them, or, if an application has been made under section 18 and has been finally disposed of, to each of the persons adjudged to have had an estate, interest or right in the land immediately before the registration of the notice of confirmation, that physical possession or use is required by the Crown on and after the expiration of any period that is specified in the notice, being not less than 90 days after the day on which the notice is sent to each of those persons, and either that period has expired or physical possession or use has been given up to the Crown before the expiration of that period, and

(ii) the Minister has made an offer under section 16 to each of the persons then entitled to compensation under this Part in respect of an expropriated interest or right.

(2) If, at any time before or after a notice of confirmation has been registered, the Governor in Council is of the opinion that the physical possession or use by the Crown of the land to which the notice relates to the extent of the expropriated interest or right or interest or right intended to be expropriated is, by reason of special circumstances, urgently required, the Governor in Council may direct

(a) that there be substituted for the 90 days referred to in paragraph (1)(c) any lesser number of days that in his or her opinion the circumstances require; or

(b) if an application has been made under section 18 but has not been finally disposed of, that physical possession or use may be taken or made by the Crown despite the fact that no offer has then been made under section 16.

20. (1) If, at any time before any compensation is paid in respect of an expropriated interest or right, the Minister is of the opinion that the interest or right is not or is no longer required by the Crown for a public work or other public purpose, or that a more limited interest or right only is so required, the Minister may give notice that he or she intends to abandon the interest or right or the remainder of the interest or rights, as the case may be, by causing a copy of the notice to be sent to each of the persons mentioned in paragraph 19(1)(c), each of whom may, within 30 days after the day a copy of the notice was sent to them, serve on the Minister a notice in writing that they elect to

(a) accept the abandonment, and have the interest or right or the remainder of the interest or rights revest in them to the extent that the abandonment would operate so that the interest or right or the remainder would revest in them; or

(b) reject the abandonment.

(2) If each of the persons to whom a notice is sent under subsection (1) serves a notice on the Minister under that subsection that they elect to accept the abandonment, the Minister may cause a notice of abandonment of the expropriated interest or right or the remainder of the interest or rights, as the case may be, to be sent to each of those persons and to the Attorney General of Canada, who shall immediately confirm the abandonment by causing the notice to be registered in the office of the registrar where the notice of confirmation was registered.

21. If an expropriated interest or right or the remainder of the interest in land or immovable real rights is confirmed to be abandoned, the expropriated interest or right then revests in the persons from whom it was taken or the persons entitled to claim on their behalf or under their direction, or the land revests in those persons subject to the more limited interest or right in the land retained by the Crown, as the case may be.

140. Section 22 of the English version of the Act is replaced by the following:

22. Every registrar shall receive and permanently preserve in their office any notices and plans that the Attorney General of Canada causes to be registered under this Part, and shall endorse on the notices and plans the day, hour and minute when they were received as the time of registration and make any entries in the records or registers that will make their registration public.

141. Paragraphs 23(b) and (c) of the Act are replaced by the following:

(b) it shall be deemed that

(i) all of the interests or rights to which a notice of intention relates are,

(ii) a more limited interest or right only to which a notice of confirmation relates is, or

(iii) an interest or right stated in a notice of abandonment to be abandoned or the remainder of the interest or rights, as the case may be, is not or is no longer,

in the opinion of the Minister required by the Crown for a public work or other public purpose; and

(c) it shall be deemed that, on being caused to be registered by the Attorney General of Canada in the office of the registrar where a notice of intention to expropriate an interest in land or immovable real right was registered, a document purporting to be a notice of confirmation of the intention to expropriate that interest or right or a more limited interest or right only in the land is a notice of confirmation of that intention then registered in accordance with this Part.

142. Sections 25 to 27 of the Act are replaced by the following:

25. (1) Compensation is to be paid by the Crown to each person who, immediately before the registration of a notice of confirmation, was the owner or holder of an estate, interest or right in the land to which the notice relates, to the extent of their expropriated interest or right, the amount of which compensation is equal to the aggregate of

(a) the value of the expropriated interest or right at the time of its taking, and

(b) the amount of any decrease in value of the remaining property of the owner or holder, as determined under section 27.

(2) For the purposes of this section and sections 26 and 27, the time of the taking of an expropriated interest or right is,

(a) if an election is made under subsection (3) by the owner or holder of the interest or right, the time specified by the owner or holder in their election; and

(b) in any other case, the time when the notice of confirmation was registered.

(3) If 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 90 days after the day on which the notice is registered, that person may, at any time before any compensation is paid to them in respect of any expropriated interest or right of which they were the owner or holder immediately before the registration of the notice of confirmation, elect to have the value of the interest or right determined, as specified by them in their election, 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 them.

26. (1) The rules set out in this section shall be applied in determining the value of an expropriated interest or right.

(2) Subject to this section, the value of an expropriated interest or right is its market value, being the amount that would have been paid for the interest or right if, at the time of its taking, it had been sold in the open market by a willing seller to a willing buyer.

(3) If the owner or holder of an expropriated interest or right 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 them to give up occupation of the land, the value of the expropriated interest or right is the greater of

(a) the market value of that interest or right determined as set out in subsection (2), and

(b) the aggregate of

(i) the market value of that interest or right determined on the basis that the use to which the expropriated interest or right 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 or holder’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 their place a percentage, not more than 15, of the market value determined as set out in subparagraph (i),

plus the value to the owner or holder of any element of special economic advantage to them arising out of or incidental to their occupation of the land, to the extent that no other provision is made by this paragraph for the inclusion of that element in determining the value of the expropriated interest or right.

(4) If 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 or holder shorter than the 90 days mentioned in paragraph 19(1)(c), there shall be added to the value of the expropriated interest or right otherwise determined under this section an additional amount equal to 10 per cent of that value.

(5) Despite subsection (3), if any parcel of land to which a notice of confirmation relates had any building or other structure erected on it 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 or holder has been rendered impracticable as a result of the expropriation, the value of the expropriated interest or right is, if that interest or right 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 for that interest or right for that purpose, the greater of

(a) the market value of the expropriated interest or right determined as set out in subsection (2), and

(b) the aggregate of

(i) the cost of any reasonably alternative interest in land or immovable real right 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 instead be allowed a percentage, not exceeding 15, of the cost referred to in subparagraph (i),

minus the amount by which the owner or holder has improved, or may reasonably be expected to improve, their position through re-establishment on other premises.

(6) If 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 or holder shorter than the 90 days mentioned in paragraph 19(1)(c), there shall be added to the value of the expropriated interest or right otherwise determined under this section an additional amount equal to 10 per cent of that value.

(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 or holder was allowed to continue in occupation of the land after the Crown became entitled to take physical possession or make use of it, and to any assistance given by the Minister to enable the former owner or holder to seek and obtain alternative premises.

(8) If an expropriated interest or right was, immediately before the registration of a notice of confirmation, being used by its owner or holder for the purposes of their residence and the value of the interest or right otherwise determined under this section is less than the minimum amount sufficient to enable the owner or holder, at the earlier of

(a) the time of payment to them of any compensation in respect of the interest or right, otherwise than pursuant to any offer made to them 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 expropriated interest or right,

to relocate their residence in or on premises reasonably equivalent to the premises expropriated, there shall be added to the value of the interest or right otherwise determined under this section the amount by which that minimum amount exceeds that value.

(9) If an expropriated interest or right was, immediately before the registration of a notice of confirmation, owned or held by a lessee, 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 or right referred to in the notice of confirmation otherwise determined under this section, as the case may be, any part of that amount that is appropriate having regard to

(a) the length of the term of the lease 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 lessee had; and

(c) any investment in the land by the lessee and the nature of any business carried on by them on the land.

(10) If an expropriated interest or right was, immediately before the registration of a notice of confirmation, subject to an interest in land or immovable real right held by its owner or holder as security only, in this subsection called a “security interest” or, in Quebec, a “real security”,

(a) the value of the expropriated interest or right is the aggregate of

(i) the value of the interest or right determined under this section as though it had not been subject to any security interest or real security, and

(ii) the amount of any loss or anticipated loss to the owner or holder of the expropriated interest or right 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 greater than 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 or right,

less the value of each security interest or real security to which the expropriated interest or right was subject, determined as provided in paragraph (b) but as though no amount were included by virtue of subparagraph (b)(ii);

(b) the value of the security interest or real security is the aggregate of

(i) the principal amount outstanding under the terms of the security, and any interest due or accrued under those terms, 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 under the terms of the security immediately before the registration of the notice of confirmation,

and if the expropriated interest or right was subject to more than one security interest or real security, the value of each security interest or real security is to be determined in the order of its rank but in no case is the value of any security interest or real security to which an expropriated interest or right was subject to exceed the value of the expropriated interest or right otherwise determined under this section as though it had not been subject to any security interest or real security, less the value of each other security interest or real security the value of which is required by this subsection to be determined in accordance with its ranking; and

(c) if part only of the interest or a more limited right that was subject to a security interest or real security was expropriated, the value of the security interest or real security is that proportion of its value otherwise determined under this subsection as though the whole of the interest or a less limited right subject to the security interest or real security had been expropriated, that

(i) the value of the part only of the interest or a more limited right, otherwise determined under this subsection as though it had not been subject to any security interest or real security,

is of

(ii) the value of the whole of the interest or a less limited right otherwise determined under this subsection as though it had not been subject to any security interest or real security

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 or real security otherwise than pursuant to any offer made to its owner or holder under section 16.

(11) In determining the value of an expropriated interest or right, no account is to 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 lease or disposition of the interest or right, or any part of the interest or a more limited right, 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 or right resulting from the anticipation of expropriation by the Crown or from any knowledge or expectation, before the expropriation, of the public work or other public purpose for which the interest or right was expropriated; or

(d) any increase in the value of the interest or right 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 or holder is the value of all of their interests in land or immovable real rights immediately before the time of the taking of the expropriated interest or right, determined as provided in section 26, minus the aggregate of

(a) the value of the expropriated interest or right, and

(b) the value of all their remaining interests in land or immovable real rights immediately after the time of the taking of the expropriated interest or right.

(2) For the purpose of paragraph (1)(b), the value of the owner’s or holder’s remaining interests in land or immovable real rights immediately after the time of the taking of the expropriated interest or right is to be determined as provided in section 26, except that, in determining that value, account is to be taken of any increase or decrease in the value of any remaining interests in land or immovable real rights that immediately before the registration of the notice of confirmation were held by the owner or holder together with the expropriated interest or right, 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.

143. Subsections 28(1) and (2) of the Act are replaced by the following:

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.

(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.

144. (1) Subsections 30(1) and (2) of the Act are replaced by the following:

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.

(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.

(2) Subsections 30(4) to (6) of the Act are replaced by the following:

(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.

(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.

(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.

145. (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,

146. Subsection 32(5) of the Act is replaced by the following:

(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.

147. Sections 33 to 35 of the Act are replaced by the following:

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.

(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.

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.

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.

148. The definition “compensation” in subsection 36(1) of the Act is replaced by the following:

“compensation” means the amount adjudged by the Court under this Part to be payable in respect of an expropriated interest or right;

149. Subsection 37(1) of the Act is replaced by the following:

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.

150. Subsection 38(1) of the Act is replaced by the following:

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.

151. Subsection 39(2) of the Act is replaced by the following:

(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.

152. (1) Subsection 44(1) of the Act is replaced by the following:

44. (1) The Court may, when a trustee, guardian or tutor, 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 or tutor, curator, or other representative to act on their behalf for the purposes of this Act.

(2) Subsection 44(3) of the Act is replaced by the following:

(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.

153. The schedule to the Act is replaced by the schedule set out in Schedule 2 to this Act.

Precious Metals Marking Act

154. The definition “dealer” in section 2 of the English version of the Precious Metals Marking Act is replaced by the following:

“dealer” means a person who is a manufacturer or an importer of any article to which this Act applies and any person who traffics by wholesale or retail in any such article and includes any director, manager, officer or agent or mandatary of that person;

Public Documents Act

155. Section 3 of the Public Documents Act is replaced by the following:

3. (1) If letters patent under the Great Seal, other than letters patent that grant or concede lands, or documents under the Privy Seal of the Governor General or person administering the Government of Canada, have been issued to or in the name of the wrong person, or contain any clerical error or misnomer or wrong description of any material fact, the Registrar General of Canada, when authorized by the Governor in Council, may direct that the defective letters patent or documents be cancelled, that a minute of the cancellation be entered in the margin of the registry of the original letters patent or other documents and that correct letters patent under the Great Seal or documents under the Privy Seal be issued in their place.

(2) Correct letters patent or documents issued under subsection (1) relate back to the date of those cancelled.

Standards Council of Canada Act

156. Paragraphs 5(b) and (c) of the Standards Council of Canada Act are replaced by the following:

(b) acquire and hold real property or immovables or any interest or right in them and dispose of that real property or those immovables or interest or right at pleasure;

(c) acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any such money, securities or other property, subject to the terms, if any, on which the acquisition is made;

Textile Labelling Act

157. Subsection 13(1) of the Textile Labelling Act is replaced by the following:

13. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

Weights and Measures Act

158. The portion of subsection 26(1) of the Weights and Measures Act before paragraph (a) is replaced by the following:

26. (1) Every dealer is guilty of an offence who sells or otherwise disposes of, or leases, any device that

159. Subsection 35(3) of the English version of the Act is replaced by the following:

(3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

160. Subsection 37(1) of the Act is replaced by the following:

37. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

PART 2

CONSEQUENTIAL AMENDMENTS

Dominion Water Power Act

161. Subsection 7(1.2) of the Dominion Water Power Act is replaced by the following:

(1.2) Land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or an immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the person to whom the Minister granted permission.

Dry Docks Subsidies Act

162. Subsection 6(3) of the Dry Docks Subsidies Act is replaced by the following:

(3) Land or real property or an interest in land the expropriation of which has been approved by the Governor in Council under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the company.

Harbour Commissions Act

163. Subsection 23(3) of the Harbour Commissions Act is replaced by the following:

(3) An interest in land the expropriation of which has been approved by the Governor in Council under subsection (1) is deemed to be, for the purposes of the Expropriation Act, an interest in land or an immovable real right that, in the opinion of the appropriate minister in relation to Part I of that Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the Commission.

International Bridges and Tunnels Act

164. Section 12 of the International Bridges and Tunnels Act is replaced by the following:

12. If a person requires an interest in land or an immovable real right within the meaning of section 2 of the Expropriation Act, for the purposes of the construction or alteration of an international bridge or tunnel and has unsuccessfully attempted to purchase the interest in land or the immovable real right, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land or the immovable real right expropriated by the Crown and section 4.1 of that Act applies to that person, with any modifications that are necessary, as if the person were a railway company.

PART 3

COORDINATING AMENDMENTS

165. (1) In this section, “other Act” means the Canada Marine Act.

(2) If section 201 of the other Act comes into force before section 163 of this Act, that section 163 is repealed.

(3) If section 201 of the other Act comes into force on the same day as section 163 of this Act, then that section 163 is deemed to have come into force before that section 201.