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)