Canada

Do I get interest on the compensation while the expropriation process is ongoing?

From expropriat
Interest start date
R.S.C. 1985, c.
Governing statute
s. 36
Relevant section
The Short Answer

Yes, you are entitled to interest on the compensation from the date of expropriation under Canada’s Expropriation Act.

What the Law Says

The federal Expropriation Act sets out when and how interest applies to compensation paid to landowners whose property is taken by the government.

If the federal government expropriates your land, you are entitled to fair compensation — and that compensation earns interest while the process is ongoing.

The law is clear: interest begins accruing the moment the expropriation takes effect, not when compensation is finally paid or agreed upon.

Statutory Text

Interest is payable on compensation from the date of expropriation.

Expropriation Act, s. 36 — Interest on compensation

What to Do

1

Confirm the official date of expropriation (found in the expropriation notice or order-in-council).

2

Ensure your compensation claim includes interest calculated from that date.

3

If negotiating or litigating compensation, explicitly assert your right to interest under section 36.

4

Keep records of all communications and valuation dates to support interest calculations.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.