In a bid to cut the approval time in half for Canada’s upcoming high-speed rail network, 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, which translates budget proposals into law, includes amendments to the Expropriation Act and other regulations to expedite the federal government’s acquisition of land for the new railway.
According to Toronto lawyer Shane Rayman, who specializes in expropriation law, the removal of certain safeguards could pose risks for both property owners and the government by potentially leading to errors in the complex expropriation process. Transport Canada explained that adjustments were necessary due to the stringent geometric requirements of high-speed rail, limiting the available land suitable for the project.
The planned high-speed rail line from Quebec City to Toronto, championed by Prime Minister Mark Carney for construction initiation within four years, will feature stops in Trois-Rivières, Laval, Montreal, Ottawa, and Peterborough. Despite the changes, Transport Canada assured that landowners would still be treated fairly and receive compensation based on established principles like market value.
However, the Montreal Economic Institute (MEI) criticized the alterations, warning that essential safeguards were being disregarded, potentially jeopardizing farmers’ and landowners’ livelihoods. The MEI emphasized the importance of due process in protecting homeowners against government overreach.
The revisions under the Budget 2025 Implementation Act eliminate the requirement for a hearing under Section 10(1) of the Expropriation Act, giving the minister the authority to decide on objections without a formal hearing. Rayman highlighted the value of hearings in allowing both the government and landowners to review and rectify any erroneous purchase decisions, benefiting all parties involved.
Furthermore, the legislative changes grant the federal government the ability to impose a “prohibition on work” on properties that may be required for the railway project, restricting landowners from making improvements for up to four years. This measure aims to prevent land speculation and maintain property values along the high-speed rail route.
Additionally, the government can invoke a “right of first refusal” on land sales where work is prohibited, potentially impacting owners’ property rights. Rayman expressed concerns about the impact of this provision on property marketability, describing it as a hindrance to owners’ ability to sell their properties.
Overall, while these changes aim to expedite the high-speed rail project, critics argue that they may undermine property rights and due process. Public consultations on the proposed rail route, focusing on environmental impact studies and field investigations, are scheduled by Via Rail’s subsidiary Alto in the coming months.