New legislation embedded within Canada's federal budget is raising alarms among property rights advocates and think tanks over sweeping changes to land expropriation rules for the national high-speed rail project.
Expropriation Powers Under Scrutiny
The High Speed Rail Network Act, introduced as part of Prime Minister Mark Carney's push for nation-building projects, grants the federal government expanded authority to acquire private land needed for the ambitious Toronto-to-Quebec City rail corridor. According to the Montreal Economic Institute (MEI), these new powers could significantly undermine traditional landowner protections.
Renaud Brossard, vice president of communications with MEI, expressed serious concerns about the legislation's implications. "It seems like high-speed rail is not the only thing the government wants to do fast with this project," Brossard told the Toronto Sun.
Key Changes to Land Acquisition Process
The legislation introduces several significant amendments to the federal Expropriation Act that have drawn criticism from property rights advocates. MEI analysis indicates the new rules would eliminate the government's obligation to engage in good-faith negotiations to purchase land at fair market value before initiating expropriation proceedings.
Under the proposed changes, the government could directly expropriate land without first attempting to make an offer to landowners. The legislation would also remove requirements for public consultations and hearings prior to expropriation taking place.
Another controversial provision allows the government to freeze designated land for up to four years, preventing property owners from developing or selling their land during this period.
Government Defends Approach
In response to concerns, Transport Canada issued a statement defending the new rules as necessary for the "timely progress of this transformational initiative." The department emphasized that the unique requirements of high-speed rail infrastructure necessitate "a clear and efficient approach to securing the required corridor."
The government statement disputed claims that the legislation eliminates fair offers to landowners, asserting that negotiations can occur either before or after a notice to expropriate is issued. Officials also maintained that landowners' rights to sell property would not be eliminated under the new framework.
The high-speed rail project, first announced under former prime minister Justin Trudeau, aims to connect Toronto and Quebec City with stops in Peterborough, Ottawa, Montreal, and Trois-Rivieres. Prime Minister Carney has set an ambitious timeline, targeting shovels in the ground within four years as part of his nation-building projects initiative.
