An Act to amend the Expropriation Act (protection of private property)

Sponsor

Cheryl Gallant  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Introduced, as of Feb. 25, 2020

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Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Expropriation Act to provide that the power of the Governor in Council to waive the requirement for a public hearing in respect of an objection to the intended expropriation of an interest in land or immovable real right may not be exercised in certain circumstances.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Expropriation ActRoutine Proceedings

February 25th, 2020 / 10:15 a.m.
See context

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

moved for leave to introduce Bill C-222, An Act to amend the Expropriation Act (protection of private property).

Mr. Speaker, there has been a disturbing trend in Canada toward what is referred to as regulatory or constructive taking of private property. This happens when government uses its statutory powers to regulate or restrict the property rights of an owner without acquiring title to the land being adversely affected.

The landowner feels the impact of the regulation as if the land had been expropriated. In Canada, government acquisition of land without owner's consent is not subject to the Canadian Charter of Rights and Freedoms. Landowners' rights are found in expropriation legislation. The government must follow the law as to what land may be expropriated and must observe the procedures set out in legislation. By setting out exceptions in the Expropriation Act, my bill seeks to remove some uncertainty from the existing legislation as to whether owners can be compensated.

With this legislation, my goal is to protect the private property rights of average Canadians.

(Motions deemed adopted, bill read the first time and printed)