Conduct of the conciliation for expropriation
Expropriation: a specialized procedure
Conciliation sessions with respect to expropriation usually require the presence of several people. For example, in the case of expropriation by a municipality, the following persons may be present: the expropriated party, the representative of the expropriating municipality, their lawyers, the mayor of this municipality and various experts.
In order that these conciliation sessions can take place in an efficient manner, they are planned in advance. To this end, the Tribunal will set up a conference call with all the persons affected by the conciliation.
During this conference call, the conciliator will identify the people who will be present during the conciliation session– including the name and areas of expertise of the various experts. The conciliator will also determine which documents are necessary to bring, the role of each person and whether it will be necessary to arrange a visit to a particular place, such as, for example, the expropriated land.
The conciliator also establishes an agenda, that is to say, he or she plans in advance how the conciliation session will be conducted. A written account of the conference call is included in the notice of convocation forwarded by the Tribunal to the persons who will be at the conciliation session.
If need be, it is possible for two conciliators to be present at the conciliation session.
Please note that any person who participates in a conciliation session with respect to immovable property must undertake to respect the confidentiality of these sessions by signing a document entitled "Consent and undertaking as to confidentiality”