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Registering Plans of Expropriation

When an expropriation is approved by an “approving authority” (as defined by the Expropriations Act in Ontario), the expropriating authority will register a plan of expropriation on the title to the expropriated lands.

Once the plan of expropriation has been registered, title, or ownership of that portion of the expropriated land “vests” in the expropriating authority (but this does not give the expropriating authority the right of possession).

After the plan of expropriation has been registered on title, the expropriating authority will serve all registered owners with: (i) a Notice of Expropriation, which provides notice that the lands have been expropriated; (ii) a Notice of Possession, indicating the date on which the expropriating authority requires possession of the lands; and (iii) a Notice of Election, which permits the owner to select one of three dates upon which compensation for the lands expropriated will be based.

After service of the notice of expropriation, the expropriating authority may enter on the expropriated lands (with the owner’s consent, or upon an order issued by the Local Planning Appeals Tribunal) in order to view the lands for the purpose of preparing an appraisal report, which is intended to support of Offer of Compensation for the expropriated lands in accordance with Section 25 of the Expropriations Act.

Once an appraisal report has been prepared, the expropriating authority will provide a copy of the report to each registered owner, along with an offer of compensation for the owner’s interest in the lands expropriated. Owners then have two options: (1) accept the offer in full settlement of all claims under the Expropriations Act; or (2) accept the offer while preserving the right to claim additional compensation from the expropriating authority. Where the second option is selected, owners can assert their claim for additional compensation through formal or informal negotiation, or through arbitration at the Local Planning Appeals Tribunal (formerly the Ontario Municipal Board). Often, negotiation and arbitration proceedings are pursued simultaneously.

Please note that the above-referenced expropriation procedures are only applicable to expropriations in Ontario – and expropriation legislation and the associated processes and procedures vary from province to province.

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