In a bid to cut the approval process for Canada’s upcoming high-speed rail network by half, the Liberal government is simplifying the land expropriation process, a move that some argue could jeopardize property rights and result in costly errors.
The Budget 2025 Implementation Act (BIA), which enacts measures from the budget, includes alterations to the Expropriation Act and other legislation to expedite the federal government’s land acquisition for the new railway.
According to Shane Rayman, a Toronto lawyer specializing in expropriation law, the removal of safeguards in the interest of speed doesn’t just impact homeowners but also safeguards both parties against errors in a complex process.
Transport Canada stated that adjustments to the expropriation process were necessary due to the strict geometric requirements of high-speed rail, limiting the feasible land for the project.
The proposed high-speed rail line from Quebec City to Toronto, intended to commence construction in four years, will have stops in Trois-Rivières, Laval, Montreal, Ottawa, and Peterborough.
While Transport Canada assured fair treatment of landowners despite the changes, the Montreal Economic Institute (MEI) expressed concerns that the alterations could jeopardize long-standing property protections and due process.
The amendments under the BIA eliminate the requirement for a hearing when an objection is raised under Section 10 (1) of the Expropriation Act, allowing the minister to make a decision without a hearing.
Rayman emphasized the value of hearings as they provide an opportunity for the government and landowner to reassess purchase decisions, potentially leading to planning modifications.
Furthermore, the legislative changes grant the government the authority to impose a “prohibition on work” on properties that may be required for the railway, preventing landowners from making improvements until the prohibition is lifted.
Additionally, the government can assert a “right of first refusal” on land sales where work is prohibited, potentially affecting the landowner’s ability to market the property.
Rayman highlighted the importance of ensuring landowners are compensated for losses in an expropriation, including the economic impact on adjacent land or properties affected by the high-speed rail.
The project developer, Alto, a subsidiary of Via Rail, is set to conduct public consultations on the proposed route, focusing on environmental impacts and other studies.
Alto declined to comment on the changes to the Expropriation Act outlined in the BIA at this time.