The Expropriation Act, C.C.S.M. c. E190 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application of Act 2.1 Investigation regarding contamination 3 Exercise of expropriation power 4 Declaration of expropriation, notice on certificate of title 5 Disturbance of minerals 6 Expropriation of surplus lands 7 Lands not to be expropriated 8 Expropriating land of another authority 9 Confirming authority 10 Application to quash expropriation 11 Registration of declaration, contents 12 Correction of declaration 13 Vesting of title and certificate, filing plans if land for public purpose 14 Notice of expropriation 15 Application to commission to determine compensation 16 Offer of compensation 17 Agreement interrupts proceedings 18-19 Repealed 20 Taking possession 21 Notice of intention to vacate 22 Liability for waste and realty taxes 23 Extending time limits, failure to act in time 24 Extending time in special cases 25 Compensation for injurious affection 26 Due compensation for land 27 Further to due compensation 28 Compensation for disturbance 29 Loss of business 30 Injurious affection in partial takings 31 Injurious affection where no land taken 32 Betterment considered 33 Security interests 34 Authority may undertake to mitigate 35 Interest upon unpaid compensation 36 Voluntary payment to persons not entitled to compensation 37 Limitations of actions, court proceedings re compensation 38 Repealed 39 Several claims may be joined 40-43 Repealed 44 Appeal of certified amount 45 Due compensation instead of land 46 Where rent abated or lease frustrated 47 Successors in title bound 48 Payment into court and adjudication 49 Where compensation less than $1,000. 50 Abandonment of expropriation 51 Disposal of expropriated land 52 Right to entry for survey, appraisal 53 Appointment of personal representative 54 Service of notice or document 55 Regulations Schedule A Expropriation Process and Inquiry B Forms HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1(1) In this Act, "authority" means any person, including the Crown in right of Manitoba, who under an Act of the Legislature has power to acquire land by expropriation; (« autorité expropriatrice ») "authorizing Act" means the Act of the Legislature other than this Act under which an authority is granted power to acquire land by expropriation; (« loi habilitante ») "commission" means The Land Value Appraisal Commission established under The Land Acquisition Act ; (« Commission ») "confirming authority" means (a) where the authority is a municipality, the council thereof; (b) where the authority is a school division, school area or school district, the board of trustees thereof; (b.1) where the authority is a regional waste management authority established under The Regional Waste Management Authorities Act , the Municipal Board; (c) where the authority is the Crown, notwithstanding The Land Acquisition Act , the member of the Executive Council who signed or authorized the signing of the declaration, or the member of the Executive Council who is charged with the administration of the program or project for which the land is required; (d) where the authority is a Crown agency, the member of the Executive Council through whom the agency reports to the assembly; and (e) in every other case, the Lieutenant Governor in Council; (« autorité chargée de la confirmation ») "court" means His Majesty's Court of King's Bench for Manitoba; (« tribunal ») "Crown agency" means any board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which are appointed by an Act of the Legislature or by the Lieutenant Governor in Council; (« organisme de la Couronne ») "declaration" means a declaration of expropriation made by an authority under this Act; (« déclaration ») "expropriation" means the acquisition of title to land without the consent of the owner thereof; (« expropriation ») "highway" includes any highway, road, road allowance, street, lane, or thoroughfare, dedicated to the public use as a highway or opened or made as a highway under any Act of the Legislature, and any bridge, floodway, pier, ferry, square or public place, dedicated to the public use as a highway and any highway improvements or works thereon or pertinent thereto; (« route ») "land" means land, messuages, tenements, hereditaments, corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, and whether legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges and easements appertaining thereto, and all trees and timber thereon, and all mines and minerals and quarries, unless specially excepted, and includes an interest in land; (« bien-fonds ») "land titles office" includes a registry office, and means the office for the land titles district or registry district in which the land is situate; (« bureau des titres fonciers ») "owner" includes the registered owner and any person who has any estate or interest in the land or any lien, charge, mortgage or encumbrance on the land, and any person in actual occupation of the land and (a) the heirs, executors, administrators and successors of an owner at the time an ownership of the land is material, and (b) a person who was an owner immediately prior to the expropriation of the land; (« propriétaire ») "prescribed" means set out in Schedule B or prescribed by regulations made under this Act; (« prescrit ») "registered owner" means an owner of land whose estate or interest in the land is defined and who is named in respect of that interest in a subsisting (a) certificate of title issued under The Real Property Act , or (b) grant registered under The Registry Act , or (c) instrument registered or filed in the land titles office; (« propriétaire inscrit ») "security interest" means an interest in or charge on land that is held as security for the payment of money and includes the interest of a vendor under an agreement of sale; (« sûreté ») "works" means any undertaking and any works and property acquired, constructed, extended, enlarged, repaired, or improved, in the exercise of the powers of an authority. (« ouvrages ») Expropriation deemed a "work" 1(2) For the purposes of this Act, where land is expropriated for a purpose which does not require any construction or labour on the land to achieve the purpose, the expropriation shall be deemed to be a work and the construction of the work shall be deemed to have been completed and in use on the day the declaration is registered. S.M. 1993, c. 11, s. 24 ; S.M. 1993, c. 25, s. 2 . Application of Act 2(1) Notwithstanding any Act of the Legislature enacted before January 1, 1971, whether special or general, this Act applies wherever an authority expropriates land or in the exercise of its lawful powers causes the injurious affection of land, and due compensation shall be determined in accordance with the provisions hereof. Conflict with other Acts 2(2) Where there is a conflict between a provision of this Act and a provision of any other general or special Act, the provision of this Act prevails. Crown is bound 2(3) The Crown is bound by this Act. Investigation regarding contamination 2.1 Before determining whether to exercise its power to expropriate land, an authority may, at its own expense, conduct an investigation of the land to determine the existence, nature or extent of any contamination of the land. S.M. 1996, c. 40, s. 68 . Exercise of expropriation power 3 The exercise of any power to expropriate land conferred by an authorizing Act shall not be effective in any case until a declaration of expropriation has been made by the authority and been submitted to the confirming authority, been confirmed by order of the confirming authority and the declaration and the order have been registered in the land titles office. Declaration of expropriation 4(1) The declaration shall be in the prescribed form, and shall be signed by or on behalf of the authority and shall set forth (a) the legal description of the land to be expropriated or in which an interest is to be expropriated; (b) the interest to be acquired in the land by the expropriation and whether it is to be subject to any existing interest in the land; (c) a reference to the provisions of the authorizing Act pursuant to which the land is to be expropriated; and (d) where all or part of the land to be expropriated is for a highway, a statement (i) that upon registration of the declaration in the land titles office, the land being acquired for a highway is thereby opened and dedicated to the public use as a highway, or (ii) that the land is not thereby opened or dedicated as a highway. Plan of expropriated land 4(2) The description of the land required to be given in the declaration may be given by reference to a plan prepared by a Manitoba Land Surveyor sufficiently indicating the land to be expropriated, and in that case the plan shall form a part of the declaration for all purposes. Plans required for highways and drains 4(3) Where the land is being acquired by the authority for a highway or a drain, the description of the land shall be given by reference to a plan prepared by a Manitoba Land Surveyor which shall form part of the declaration for all purposes, and there may be shown on the plan any lands owned by the authority which are to be opened as part of the highway or used as a drain. Notice on certificate of title 4(4) Forthwith upon a declaration being signed the authority shall cause a notice of the intended expropriation to be filed in the land titles office sufficiently indicating the lands intended to be affected and stating that an application for a confirming order is pending, and the district registrar of the land titles district shall thereupon cause the notice to be entered on each certificate of title or abstract of title appearing to be affected thereby but the district registrar is not required to give any further notice thereof to any person, but subject to section 24, the notice lapses upon the expiration of six months after the date of its filing. Where notice of intention not required 4(5) Where the authority and all registered owners of the lands to be acquired have agreed on the settlement of the due compensation, subsection (4) does not apply. Disturbance of minerals 5 Where the mines and minerals are not expropriated, an authority may, to the extent necessary for its works, excavate, disturb, remove, or use any minerals within, upon or under, land which it has expropriated or which it has acquired by agreement or transfer; but it is liable to compensate the owner of the mines and minerals to the extent of the value of any minerals that are actually used or removed from the land in the course of its works, or that the owner is prevented from recovering by reason of the construction of its works. Expropriation of surplus lands 6(1) Where an authority considers it expedient to acquire the whole of any parcel of land of which a part only is required for its works, or to acquire a greater interest in land in which a lesser interest only is required for its works, it may, at the time of acquiring the part or interest that is required, or subsequently thereto, acquire by expropriation or by agreement the whole of the parcel or the greater interest in the land; and it may separate the part or any interest not required and from time to time sell or otherwise dispose of it or any part thereof. Required authorization for sales by Crown 6(1.1) If the Crown is selling or disposing of land under subsection (1), the sale or disposal is subject to the applicable authorization requirements set out in sections 6.3 and 6.5 of The Crown Lands Act . Elective date for assessing compensation 6(2) Where, after it has acquired the part of a parcel or the interest in land that is required for its works, an authority acquires by expropriation under subsection (1), a part of a parcel, or an interest in land, that is not required for its works, it may, with the consent of the owner thereof, have the due compensation therefor assessed as of the date on which it acquired the part or interest that is required for its works. S.M. 2021, c. 17, s. 20 . Crown lands not expropriated 7(1) Land owned by the Crown or a Crown agency shall not be expropriated. Lands used for public services 7(2) Subject as hereinafter in this section provided, land owned by or on behalf of any corporation other than a Crown agency and used by it for (a) the delivery, transmission, or control of electric power, heat, gas, oil, or water; or (b) the provision of telephone, telegraph, radio, or television services; or (c) public sewers, drains, sewerage system, or the removal, disposal, or treatment of sewage; or (d) a public transportation system owned and operated by government or municipal body or agency; shall not without the consent of the Lieutenant Governor in Council be expropriated except by the Crown; but land to which this subsection applies does not include any land occupied and used solely for administrative purposes. May be shown on plan 7(3) Where land which cannot be expropriated under subsection (1) or (2) is acquired otherwise than by expropriation in conjunction with land that is being expropriated, the land may (a) where it is land owned by the Crown or a Crown agency, with the consent of the Lieutenant Governor in Council; and (b) where it is land owned by or for the purposes of a corporation and used by it for the purposes mentioned in subsection (2), with the consent of the corporation; be shown on any plan forming part of a declaration of expropriation of the land being expropriated. Lands owned by authority shown on plan 7(4) Where lands are being acquired by an authority to be used in conjunction with lands already owned by the authority, the land already owned by the authority (a) may be shown on any plan forming part of a declaration of expropriation of the lands being acquired; and (b) for the purposes of subsection 13(2) shall be deemed to be part of the lands expropriated. Crown lands shown on highways plan 7(5) Where lands being acquired by the government or a municipality for use as a highway, drain or water control work are to be used in conjunction with Crown lands or lands owned by a Crown agency, the Crown lands or lands owned by a Crown agency required for the highway, drain or water control work (a) may, with the consent of the member of the Executive Council charged with the administration of Crown lands or the member of the Executive Council responsible for the Crown agency, as the case requires, be shown on any plan forming part of a declaration of expropriation of the lands being acquired for the highway, drain or water control work or on any plan filed under section 13 in respect of the highway, drain or water control work; and (b) for the purposes of subsection 13(2) shall be deemed to be part of the lands expropriated. Expropriation of land of authority 8(1) Where an authority other than the Crown expropriates land of which another authority is an owner, either authority may apply to The Municipal Board to prescribe, and the board may prescribe, the terms and conditions, including the provision of other lands and facilities, upon which the expropriation may proceed, and the board may, in its absolute discretion, order that the expropriation be abandoned. Paramount rights preserved 8(2) Nothing in this section limits any paramount right that an authority has by statute. Considerations in municipal expropriation 8(3) In respect of the expropriation of land in a municipality by another municipality, The Municipal Board shall include in its considerations the interests of each municipality and the owner and occupier of the land, the need for the proposed expropriation, the availability of other land, and any alternative to expropriating the land. Jurisdiction over expropriated land 8(4) Land expropriated in a municipality by another municipality remains subject to the jurisdiction of the municipality in which it is situated and is subject to any tax levied by that municipality in respect of the land, unless the municipalities otherwise agree or The Municipal Board otherwise orders. S.M. 1996, c. 58, s. 451 . Confirming authority 9(1) Upon a declaration being submitted to it, the confirming authority shall act and shall cause proceedings to be taken in accordance with Schedule A and may by its order (a) confirm the declaration; or (b) refuse the declaration; or (c) with the consent of the authority submitting the declaration, confirm the declaration with such modification thereof as it considers proper but not so as to affect the land of an owner who has been afforded no opportunity to be heard in the proceedings in respect of the modification. Confirming authority not to delegate 9(2) Notwithstanding any other Act of the Legislature, a confirming authority shall not delegate to any person the duties or powers mentioned in subsection (1). Amendment of declaration 9(3) Where a declaration is confirmed with modification, the authority shall amend the declaration in accordance with the order before presenting the declaration for registration in the land titles office. Service of confirming order 9(4) The authority shall cause a copy of the order of the confirming authority to be served forthwith upon all owners of the land so far as they may be ascertained from the records of the Land Titles Office and the latest revised realty assessment roll on which the land is entered, and shall cause notice of the order to be published in a newspaper having general circulation in the area of the province in which the land is situated. Time limited for making order 9(5) Subject to section 24, if within 120 days from the date the declaration was submitted to it the confirming authority has made no order under subsection (1) it shall be conclusively deemed to have ordered that the declaration be refused. Order as evidence of compliance with Act 9(6) The order of the confirming authority is prima facie proof that compliance has been made with all of the provisions of Schedule A. Powers not enlarged 9(7) The order of the confirming authority does not enlarge any power conferred by the authorizing Act. Where inquiry not necessary 9(8) The provisions of Schedule A do not apply where (a) the Lieutenant Governor in Council, deeming it necessary or expedient in the public interest to do so in the circumstances, directs the confirming authority to make its order confirming a declaration without an inquiry being conducted; or (b) the lands intended to be expropriated are required by the authority for the purpose of undertaking a local improvement initiated by an owner's petition in accordance with the provisions of any Act of the Legislature; or (c) the authority and all registered owners of the lands to be acquired have agreed on the settlement of the due compensation. Service of direction 9(9) A copy of any direction made under subsection (8) shall be served by the expropriating authority forthwith upon the registered owners of the land to which reference is made in the declaration. Where Schedule A not to apply 9(10) The provisions of Schedule A and subsection (9) do not apply in respect of any owner who has agreed with the authority acquiring the lands on the settlement of due compensation. Application to quash 10(1) Any person aggrieved by an expropriation of land may, within six weeks after the date on which the order confirming the declaration of the expropriation is published in accordance with subsection 9(4), apply to the court by way of originating notice of motion to quash the declaration of expropriation; and, if the court is satisfied that the expropriating authority or the confirming authority has failed to comply with the Act under which the land is to be expropriated, or with any requirement of this Act in respect of the declaration of expropriation, notice of the intended expropriation, any inquiry by an inquiry officer into the intended expropriation or the order confirming the expropriation, which prejudices the position of the applicant, the court may quash the declaration of expropriation. Restriction on actions 10(2) Except in accordance with subsection (1), no action or proceeding shall be had or taken to question, quash or set aside a declaration of expropriation, a notice of intended expropriation, an inquiry by an inquiry officer into an intended expropriation or an order confirming a declaration, or to declare a declaration of expropriation, a notice of intended expropriation, an inquiry by an inquiry officer into an intended expropriation or an order confirming a declaration to be null, invalid or of no effect. Application of subsection 23(1) 10(3) Subsection 23(1) does not apply to an application under subsection (1). S.M. 1993, c. 25, s. 3 . Registration of declaration 11(1) The power to expropriate land shall be effectively exercised by and upon the registration of the declaration together with the order confirming the declaration in the land titles office within fourteen days from the date of the order. Better description or plan required 11(2) Where a declaration is presented at the land titles office for registration, if the district registrar thinks that the land to be expropriated or the boundaries thereof cannot be accurately and readily determined by reference to the description in the declaration, or to the plan, if any, the district registrar may require from the authority a plan or a revised plan prepared by a Manitoba Land Surveyor or a better description of the lands to be expropriated, and the plan or the revised plan or the better description when filed or registered in the land titles office shall be supplementary to the declaration and in case of any conflict or inconsistency between the plan accepted by the district registrar and the description of the land contained in the declaration, the plan prevails. Effect where expropriated interest not stated 11(3) Where the declaration does not state the nature of the interest expropriated in the land described therein, the authority shall be conclusively deemed to have expropriated all of the interests in the land described therein. Effect of statement of expropriated interest on other interests 11(4) Where the declaration does not state whether the interest expropriated is subject to an existing interest, the interest expropriated shall be conclusively deemed not to be subject to any existing interest. Declaration may be corrected 12(1) Where a declaration registered under this Act contains or indicates an omission, misstatement, errors, or erroneous description, the authority may cause a corrected declaration to be registered. Service of corrected declaration 12(2) A corrected declaration shall be marked appropriately to show the nature of the correction and shall be served as the original declaration is required to be served and, except for the correction, is of the same force and effect as, and is in substitution for, the original declaration or plan and relates to the date the original declaration was registered. Where district registrar may refuse correction 12(3) Where, in the opinion of the district registrar, the correction indicated in a corrected declaration alters (a) the amount or area of the lands expropriated; or (b) the interest expropriated; the district registrar may refuse to register the corrected declaration unless the registered owner of the lands affected by the alteration consents to the registration of the corrected declaration. Proof of signatures not required 12(4) Every declaration purporting to be signed by an authority and every order confirming a declaration purporting to be signed by the confirming authority shall upon registration or presentment for registration in the land titles office be presumed to have been signed by the authority and by the confirming authority respectively without proof of the signature or official character of the person purporting to have signed it. Vesting of title 13(1) Upon the registration in the land titles office of a declaration and the order confirming the declaration, the land declared to be expropriated vests (a) in the case of land expropriated for a highway, in the Crown in right of the province; (b) in the case of land expropriated by a Crown agency, in the Crown agency unless it is provided in an Act of the Legislature affecting that Crown agency, that land acquired by the Crown agency vests in the Crown in right of the province; (c) in the case of land expropriated by a minister of the Crown in right of the province, in the Crown in right of the province; and (d) in all other cases, in the authority expropriating the land, free from all encumbrances except any to which the declaration is expressed to be subject. Certificate of title 13(2) If the land is under The Real Property Act , and the interest expropriated is an interest for which a certificate of title issues, a certificate of title to the interest expropriated clear of encumbrances shall be issued to the authority on request; but where the land is declared to be expropriated for a highway, if the authority is a municipal corporation, the certificate of title shall be issued in the name of the Crown subject to the right of the municipal corporation to the possession thereof. Authority deemed a purchaser 13(3) Where land vests in an authority under this Act, the authority shall be conclusively deemed to be a purchaser under section 36 of The Law of Property Act and is entitled to the rights of a purchaser thereunder. Filing plan of lands for highways, etc 13(4) Subject to subsection (5), an authority may, without registering a declaration or expropriating lands, file in the proper Land Titles Office a plan prepared by a Manitoba Land Surveyor showing lands that the authority intends to use for a highway, drain, water control work, pipeline, telephone line, or electric power line or any other public purpose. Requirements for plan 13(5) A district registrar shall not accept a plan for filing under subsection (4) unless a certificate signed by or on behalf of the authority is endorsed on or accompanies the plan certifying (a) that all registered owners of any lands that will vest by reason of the filing of the plan have agreed with the authority on the settlement of due compensation for the land, or that the authority is the owner or entitled to be the owner of all the land affected by the plan; (b) where any lands will vest by reason of the filing of the plan (i) as to the interest that is to vest and whether that interest is subject to any existing interest in the lands, and (ii) as to the provisions of any Act of the Legislature that authorizes the authority to acquire land for the purposes for which the land is to be used; and (c) where the lands are to be used for a highway (i) that upon the filing of the plan the lands are thereby opened and dedicated to the public use as a highway, or (ii) that the land is not thereby opened or dedicated as a highway. Application of subsections 7(3), (4) and (5) 13(6) Subsections 7(3), (4) and (5) apply with such modifications as the circumstances require to a plan filed under subsection (4). Effect of filing plan 13(7) Where a plan is filed under subsection (4), subsections (1), (2) and (3) apply with such modifications as the circumstances require as though the filing of the plan were the registration of a declaration and an order confirming the declaration. Statement upon opening or dedicating highway 13(8) Where a declaration or plan filed under this Act in respect of lands acquired or to be used for a highway indicated that the land is not opened or dedicated as a highway at the time of filing the declaration or plan, the authority responsible for the highway shall, within thirty days of the day the land is opened or dedicated as a highway, register in the appropriate land titles office a statement signed by or on behalf of the authority or stating the day upon which the land is opened or dedicated as a highway. Notice of expropriation 14 Within 60 days after the registration of the declaration the authority shall serve every owner of the land with a notice of the expropriation thereof substantially in the prescribed form. Application to commission to determine compensation 15(1) After an offer of compensation is served under section 16, the authority or an owner of the land may, subject to section 37 (time limits), apply to the commission, in accordance with the rules of the commission, for the determination of compensation payable by the authority to the owner for the expropriation. Certification of amount by commission 15(2) On receiving an application under subsection (1), the commission shall give the authority and owner of the land an opportunity to be heard and shall determine and certify the compensation payable by the authority to the owner. Certified amount is binding 15(3) Subject to subsection (6) and section 44 (appeal), an amount certified by the commission under subsection (2) is binding on the authority and the owner. Authority to pay prescribed fee 15(4) The authority shall pay any fee or charge that is prescribed in respect of a proceeding under subsection (2). Commission may vary certified amount 15(5) Where new evidence is available after an amount is certified under subsection (2), the authority or owner may, within 30 days after the date of the certificate, apply to the commission for a variation of the certified amount, and the commission may, where it is satisfied that the new evidence was not available at the time of the certification, vary the certified amount and, where the amount is varied, the commission shall certify the new amount of compensation payable. Authority to pay costs of owner 15(6) The authority shall pay reasonable appraisal, legal and other costs that are reasonably incurred by an owner for the purpose of determining the compensation payable under this Act for an expropriation. Commission may determine costs 15(7) Where the amount of compensation payable under this Act for an expropriation is settled by the authority and an owner without a hearing or is determined by the commission, the commission may, on application by the authority or owner, determine the costs. S.M. 1988-89, c. 28, s. 2 ; S.M. 1993, c. 25, s. 4 . Offer of compensation 16(1) Within 120 days after the registration of the declaration and before serving a notice for possession of the land the authority shall serve upon every registered owner of the land an offer in writing stating (a) the amount that the authority offers in compensation for the market value of the owner's estate or interest in the land and the amount that the authority offers in compensation for the market value of all the estates and interests in the land; (b) that the authority offers to pay immediately to the person entitled thereto the entire amount offered in compensation for the market value of the owner's estate or interest in the land; (c) unless the market value has been estimated for the purposes of clause (b) upon the basis of a use of the land other than the existing use, that the authority offers to pay (i) the moving costs, as they are incurred, that are reasonably incurred by an owner in possession of the land at the time the declaration or expropriation was filed, and (ii) the costs, as they are incurred, that are reasonably incurred by any owner in possession of the land at the time the declaration or expropriation was filed of removing and relocating any fixture or structure owned by that owner and situated on the land at the time the declaration or expropriation was filed; and (d) that the payment and receipt of the amount estimated for the purposes of clause (b) or of any amount under clause (c) is without prejudice to the rights conferred by this Act in respect of the determination of the compensation and that the amounts are subject to adjustment in accordance with the compensation that is subsequently agreed upon or determined under this Act. Offer may contain offer of due compensation 16(2) An offer served on a registered owner by an authority may state (a) the amount that the authority offers in full settlement of due compensation to the owner including that part thereof that is not compensation for the market value of the owner's estate or interest in the land; and (b) the total amount that the authority offers in full settlement of due compensation to all registered owners including that part thereof that is not compensation for the market value of the owners' estates or interests in the land. Offer of further portion of due compensation 16(3) Where an offer served on a registered owner by an authority states in accordance with clause (2)⁠(a) the amount that the authority offers in full settlement of due compensation to the owner, the offer may also state (a) that the authority offers to pay immediately to the person entitled thereto, in addition to the amount offered to be paid in accordance with clause (1)⁠(b) in compensation for the market value of the owner's estate or interest in the land and the amounts offered to be paid in accordance with clause (1)⁠(c) as moving costs and costs of removing and relocating any fixture or structure, an amount equal to 75% of that part of the amount offered in full settlement of due compensation that is in excess of the total of (i) the amount offered to be paid in accordance with clause (1)⁠(b) in compensation for the market value of the owner's estate or interest in the land, and (ii) the amounts offered to be paid in accordance with clause (1)⁠(c) as moving costs and costs of removing and relocating any fixture or structure; and (b) that payment and receipt of the amount calculated for the purpose of clause (a) is without prejudice to the rights conferred by the Act in respect of the determination of due compensation payable by the authority and that the amount of due compensation payable by the authority is subject to adjustment in accordance with due compensation that is subsequently agreed upon or determined under this Act. Offer may refer to amounts owing under liens 16(4) Where a registered owner's estate or interest in the land is subject to a registered lien, charge, mortgage or encumbrance on the land, the offer served on the owner by the authority may state the amount that the authority offers in compensation to the owner for the market value of the owner's estate or interest free and clear of the lien, charge, mortgage or encumbrance and indicate that the amount will be reduced by any amount needed to be paid to the holder of the lien, charge, mortgage or encumbrance to obtain the owner's estate or interest free and clear of the lien, charge, mortgage or encumbrance. Offer to holder of lien, etc. 16(5) Where a registered owner upon whom an offer is served holds a registered lien, charge, mortgage or encumbrance on the land, the offer may state the amount that the authority offers in compensation to the owner for the market value of the lien, charge, mortgage or encumbrance, as an indefinite amount needed to be paid to the owner to obtain from the owner the discharge, withdrawal, postponement or removal of the lien, charge, mortgage or encumbrance not exceeding the amount that the authority offers to pay the owner whose estate or interest is subject to the lien, charge, mortgage or encumbrance as compensation for the market value of the owner's estate or interest free and clear of the lien, charge, mortgage or interest. Offer to be held open for acceptance 16(6) Where the authority makes an offer to an owner under this section, the authority (a) shall hold open the offer for acceptance by the owner until an amount is certified under subsection 15(2); and (b) may, from time to time before the offer is accepted by the owner or an amount is certified under subsection 15(2), amend the offer by serving the owner with an amended offer. 16(7) [Repealed] S.M. 1993, c. 25, s. 5 . S.M. 1988-89, c. 28, s. 3 ; S.M. 1989-90, c. 90, s. 16 ; S.M. 1993, c. 25, s. 5 . Agreement interrupts proceedings 17 Sections 14 and 16 do not apply in any case where there is agreement between the owner and the authority for the settlement of the due compensation. 18 and 19 [Repealed] S.M. 1993, c. 25, s. 6 . Right to take possession 20(1) Where land vests in an authority under this Act and the authority serves the registered owner and the occupant of the land with a notice that it requires possession of the land on a date specified in the notice, the authority subject to any agreement to the contrary and subject to subsection (3) may take possession of the land on the specified date. Notice for possession 20(2) A notice under subsection (1) shall be served on the registered owner and the occupant of occupied land at least 30 days before the date specified therein for possession; and where the land is not occupied, the notice shall be served on the registered owner at least 10 days before the date specified for possession. Court may vary date 20(3) Any person served or entitled to be served with a notice under subsection (1), may apply to a judge of the court for an order changing the date for possession specified in the notice, and the judge may make such order either to confirm or to change the specified date as in the circumstances of the case the judge deems just and expedient; and the notice shall have effect as confirmed or amended by the order. Order for possession 20(4) If the owner or occupant of the land fails to deliver up possession to the authority in compliance with the notice for possession, the authority may apply to a judge of the court for an order for possession; and upon hearing the application, the judge may grant an order for possession and may require the authority to pay into court such sum of money as the judge deems sufficient to secure payment of the compensation for the land. Writ for possession 20(5) Upon an order for possession being granted, the authority may enter upon and take possession of and use the land; and if any person refuses to give up possession, or offers any resistance or forcible opposition to the authority taking possession, a judge may, with or without notice to that person, issue a writ for possession to the sheriff of the court directing the sheriff to require that person to give up possession and to put down any resistance or opposition, and to put the authority into possession thereof. Execution of writ 20(6) The sheriff shall, in the execution of the writ, take with them sufficient assistance for the purpose, and shall put down any resistance or opposition and put the authority in possession of the land. Judgment for costs 20(7) The cost of any proceedings for obtaining and execution of the writ may, with leave of the judge, be entered as a judgment in the court and recovered by the authority from the person whose refusal to give up possession made the writ necessary. Notice of intention to vacate required 21 Except in accordance with an agreement with the authority, or in compliance with the notice for possession served under section 20, an owner of land or a person in occupation of land on whom a notice of expropriation of the land has been served shall not vacate the land unless the owner or person has notified the authority of the owner's or person's intention to vacate the land not less than seven days prior to the date on which the owner or person vacates the land. Occupant liable for waste 22(1) An owner who remains in possession of land that has been expropriated after the owner has been served with a notice of expropriation, or an owner or other person in occupation of land who vacates contrary to section 21, is liable to the authority for (a) any waste the owner or person commits in respect of the land or which arises because the owner or person has improperly vacated the land; (b) any damage the owner or person causes or permits to be caused to the land, other than the normal depreciation arising out of normal occupation of the land; and (c) any damage which would not have occurred if the owner or person had remained in occupation of the land. Owner liable for realty taxes 22(2) Notwithstanding that land vests in an authority under this Act, the land is subject to the assessment and levy of all municipal rates, levies, and taxes to the same extent as if it had continued to be owned by the owner from whom the land is expropriated; and that owner is liable to pay all taxes, rates and levies levied or assessed against the land in respect of the period the owner remains in possession of the land whether under an express agreement or otherwise. Extending time for doing any act 23(1) Where the time for the doing of any thing is limited by this Act otherwise than in Schedule A, an authority or person may apply to a judge of the court upon such notice to interested parties as the judge directs for an order to extend the time within which the thing shall be done. Failure to act in time 23(2) The failure of an authority to do any thing within the time limited by this Act does not invalidate the expropriation; but the authority is liable to pay to any person affected by the failure interest upon the due compensation payable to the person calculated from the date of the confirming order. Application to extend time in special cases 24(1) Where an inquiry officer is appointed under Schedule A in respect of the intended expropriation of land under a declaration of expropriation, the authority expropriating the land, the confirming authority or the inquiry officer may apply to a judge of the court (a) for an extension of time within which the inquiry officer is required to make the report under section 8 of Schedule A; or (b) for an extension of time after which a notice of intended expropriation filed under subsection 4(4) in respect of the declaration of expropriation lapses; or (c) for an extension of time after which a confirming authority, if it has not confirmed the declaration, shall be deemed under subsection 9(5) to have ordered that the declaration be refused; and the judge, if satisfied that it is reasonable to grant such an extension may order that the time be extended. Ex parte application 24(2) An application under subsection (1), and an order under subsection (1), may be made ex parte. Effect of extension of time under section 8 of Schedule A 24(3) Where an order is made under subsection (1) extending the time in which an inquiry officer is required to make the report under section 8 of Schedule A in respect of an intended expropriation under a declaration, (a) the time after which a notice of intended expropriation filed under subsection 4(4) in respect of the expropriation lapses; and (b) the time after which a confirming authority, if it has not confirmed the declaration, shall be deemed under subsection 9(5) to have ordered that the declaration be refused; is extended by the same period. Effect of order extending time under subsection 9(5) 24(4) Where an order is made under subsection (1) extending the time after which a confirming authority, if it has not confirmed the declaration of expropriation, shall be deemed under subsection 9(5) to have ordered the declaration be refused, the time after which the notice of intended expropriation filed under subsection 4(4) in respect of the expropriation lapses is extended by the same period. Filing of order in L.T.O. 24(5) A copy of every order made under this section in respect of an intended expropriation under a declaration shall be filed in the Land Titles Office, and the District Registrar of the Land Titles District shall thereupon cause an entry of the order to be made on each certificate of title or abstract of title on which the notice of intended expropriation filed under subsection 4(4) in respect of the declaration was endorsed, but the District Registrar of the Land Titles District is not required to give any further notice thereof to any person. Service of order 24(6) A copy of every order made under this section in respect of an intended expropriation under a declaration shall be served forthwith by the applicant for the order upon every other person who would be entitled to apply for the order and upon every person upon whom the notice of intended expropriation was required to be served under section 1 of Schedule A. Authority to compensate for injurious affection 25(1) An authority that expropriates land or that in the exercise of its lawful powers causes the injurious affection of land shall pay to the owner thereof due compensation in accordance with this Act for the loss or damage thereby caused. Effect of injurious affection under certain Acts 25(2) Nothing herein shall be construed as requiring the payment of compensation for the injurious affection of land, where the injurious affection is a result of the application of a provision of The Transportation Infrastructure Act and that provision expressly prohibits or denies the right to compensation, rent or other payment therefor. Effective date for determining compensation 25(3) The due compensation payable for land expropriated shall be determined as of the date the declaration of expropriation is signed by or on behalf of the expropriating authority. S.M. 2000, c. 35, s. 39 ; S.M. 2018, c. 10, Sch. A, s. 49 . Due compensation for land 26(1) Where land is expropriated, the due compensation payable to the owner therefor shall be the aggregate of (a) the market value of the land determined as hereinafter set forth; (b) the reasonable costs, expenses and losses arising out of or incidental to the owner's disturbance determined as hereinafter set forth; (c) damages for injurious affection as hereinafter set forth; and (d) the value to the owner of any special economic advantage to the owner arising out of or incidental to the owner's actual occupation of the land, to the extent that no other provision is made therefor in due compensation. Special value of residence of owner 26(2) Where the land expropriated includes a building occupied by the owner thereof as their residence, the due compensation payable for the land shall include (a) compensation for the value of any improvements made to the land that is not adequately reflected in the market value of the land, and (b) an amount, in addition to the market value of the land and any amount for improvements under clause (a), necessary to enable the owner to acquire other land that will afford them residential accommodation at least equivalent to that afforded by the land expropriated. Equivalent reinstatement in certain cases 26(3) Where land is devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, and the owner intends in good faith to relocate in some other place, the due compensation shall be assessed on the basis of the reasonable cost of equivalent reinstatement. Market value defined 27(1) The market value of land is the amount that the land might reasonably be expected to realize if sold in the open market by a willing seller to a willing buyer. Factors not considered 27(2) In determining the due compensation payable to the owner no account shall be taken of (a) the special use to which the authority will put the land;