Expropriations Act, R.S.O. 1990, c. E.26

• Jurisdiction: Ontario

Expropriations Act

R.S.O. 1990, Chapter E.26

Consolidation Period: From June 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 48.

CONTENTS

Interpretation

Definitions

1 (1) In this Act,

“approving authority” means the approving authority as determined under section 5; (“autorité d’approbation”)

“expropriate” means the taking of land without the consent of the owner by an expropriating authority in the exercise of its statutory powers; (“exproprier”)

“expropriating authority” means the Crown or any person empowered by statute to expropriate land; (“autorité expropriante”)

“injurious affection” means,

(a) where a statutory authority acquires part of the land of an owner,

(i) the reduction in market value thereby caused to the remaining land of the owner by the acquisition or by the construction of the works thereon or by the use of the works thereon or any combination of them, and

(ii) such personal and business damages, resulting from the construction or use, or both, of the works as the statutory authority would be liable for if the construction or use were not under the authority of a statute,

(b) where the statutory authority does not acquire part of the land of an owner,

(i) such reduction in the market value of the land of the owner, and

(ii) such personal and business damages,

resulting from the construction and not the use of the works by the statutory authority, as the statutory authority would be liable for if the construction were not under the authority of a statute,

and for the purposes of this clause, part of the lands of an owner shall be deemed to have been acquired where the owner from whom lands are acquired retains lands contiguous to those acquired or retains lands of which the use is enhanced by unified ownership with those acquired; (“effet préjudiciable”)

“judge”, except where otherwise described, means a judge of the Superior Court of Justice; (“juge”)

“land” includes any estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”)

“owner” includes a mortgagee, tenant, execution creditor, a person entitled to a limited estate or interest in land, a guardian of property, and a guardian, executor, administrator or trustee in whom land is vested; (“propriétaire”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“purchase-money mortgage” means a mortgage given by a purchaser of land to the vendor of the land or the vendor’s nominee as security for the payment of all or part of the consideration for the sale; (“hypothèque garantissant le prix d’achat”)

“registered owner” means an owner of land whose interest in the land is defined and whose name is specified in an instrument in the proper land registry or sheriff’s office, and includes a person shown as a tenant of land on the last revised assessment roll; (“propriétaire enregistré”)

“security holder” means a person who has an interest in land as security for the payment of money; (“titulaire de la sûreté”, “titulaire d’une sûreté”)

“statutory authority” means the Crown or any person empowered by statute to expropriate land or cause injurious affection; (“autorité légalement compétente”)

“tenant” means a lessee or occupant occupying premises under any tenancy whether written, oral or implied. (“locataire”)

“Tribunal” means the Ontario Land Tribunal. (“Tribunal”) R.S.O. 1990, c. E.26, s. 1 (1); 1992, c. 32, s. 11; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. A, s. 9 (1); 2017, c. 23, Sched. 5, s. 28; 2021, c. 4, Sched. 6, s. 48 (1).

Service

(2) Any document required by this Act to be served may be served personally or by registered mail addressed to the person to be served at the person’s last known address, or if that person or person’s address is unknown, by publication once a week for three weeks in a newspaper having general circulation in the locality in which the land concerned is situate and service shall be deemed to be made,

(a) in the case of service by registered mail, on the second day after the day of mailing; and

(b) in the case of service by publication, on the date of the third publication. R.S.O. 1990, c. E.26, s. 1 (2).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 11 - 3/04/1995

2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. A, s. 9 (1) - 26/11/2002

2017, c. 23, Sched. 5, s. 28 (1, 2) - 03/04/2018

2021, c. 4, Sched. 6, s. 48 (1) - 01/06/2021

Application of Act

2 (1) Despite any general or special Act, where land is expropriated or injurious affection is caused by a statutory authority, this Act applies. R.S.O. 1990, c. E.26, s. 2 (1).

References in other Acts

(2) The provisions of any general or special Act providing procedures with respect to the expropriation of land or the compensation payable for land expropriated or for injurious affection that refer to another Act shall be deemed to refer to this Act and not to the other Act. 2002, c. 17, Sched. F, Table.

Application to drainage works

(3) This Act does not apply to the use of or injury to land authorized under the Drainage Act for the purposes of a drainage works constructed under that Act or to any proceedings in connection therewith. R.S.O. 1990, c. E.26, s. 2 (3).

Conflict

(4) Where there is conflict between a provision of this Act and a provision of any other general or special Act, the provision of this Act prevails. R.S.O. 1990, c. E.26, s. 2 (4).

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 01/01/2003

Crown bound by Act

3 This Act binds the Crown. R.S.O. 1990, c. E.26, s. 3.

Approval of intention to expropriate

4 (1) An expropriating authority shall not expropriate land without the approval of the approving authority. R.S.O. 1990, c. E.26, s. 4 (1).

Gas storage areas excepted

(2) Subsection (1) does not apply to an authorization of the Ontario Energy Board under the Ontario Energy Board Act, 1998 in respect of storage of gas in a gas storage area or to an expropriation authorized under section 99 of that Act. R.S.O. 1990, c. E.26, s. 4 (2); 1998, c. 15, Sched. E, s. 11 (1).

Section Amendments with date in force (d/m/y)

1998, c. 15, Sched. E, s. 11 (1) - 7/11/1998

Approving authority

5 (1) Subject to subsections (4), (5) and (6), the approving authority in respect of an expropriation shall be the Minister responsible for the administration of the Act in which the power to expropriate is granted, except that,

(a) where a municipality or a local board thereof, other than an elected school board, expropriates lands for municipal purposes, the approving authority shall be the council of the municipality; and

(b) where an elected school board expropriates lands, the approving authority shall be the school board. R.S.O. 1990, c. E.26, s. 5 (1).

(2) Repealed: 1997, c. 31, s. 150.

Idem, private Acts

(3) Where the power to expropriate is granted in a private Act, the approving authority shall be,

(a) in the case of universities or other educational institutions, the Minister of Colleges and Universities;

(b) in the case of hospitals or other medical or health institutions, the Minister of Health and Long-Term Care; and

(c) in the case of all other corporations, the Attorney General. R.S.O. 1990, c. E.26, s. 5 (3); 2006, c. 19, Sched. B, s. 8.

Idem, public works

(4) Where an expropriation is made under the Ministry of Infrastructure Act, 2011 for the benefit of a ministry or agency of the Ontario Government, the approving authority shall be the Minister for the ministry or responsible for the agency for the benefit of which the land is expropriated. R.S.O. 1990, c. E.26, s. 5 (4); 2011, c. 9, Sched. 27, s. 25.

Same, OEB

(5) Where an expropriation is made under the Ontario Energy Board Act, 1998, the approving authority is the Ontario Energy Board. 1998, c. 15, Sched. E, s. 11 (2).

Idem, other cases

(6) The approving authority in any case not provided for in this section shall be the Attorney General. R.S.O. 1990, c. E.26, s. 5 (6).

Section Amendments with date in force (d/m/y)

1997, c. 31, s. 150 - 01/01/1998; 1998, c. 15, Sched. E, s. 11 (2) - 01/04/1999

2006, c. 19, Sched. B, s. 8 - 22/06/2006

2011, c. 9, Sched. 27, s. 25 - 06/06/2011

Steps before inquiry

Notice of intention to expropriate

6 (1) Upon applying for an approval under section 4, an expropriating authority shall serve a notice of its application for approval to expropriate upon each registered owner of the lands to be expropriated and shall publish the notice once a week for three consecutive weeks in a newspaper having general circulation in the locality in which the lands are situate. R.S.O. 1990, c. E.26, s. 6 (1).

Notification for hearing

(2) Any owner of lands in respect of which notice is given under subsection (1) who desires a hearing shall so notify the approving authority in writing,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (2) of the Act is amended by striking out “Any owner” at the beginning and substituting “Subject to section 8.1, any owner”. (See: 2021, c. 4, Sched. 5, s. 1)

(a) in the case of a registered owner, served personally or by registered mail, within thirty days after the registered owner is served with the notice, or, where the registered owner is being served with the notice by publication, within thirty days after the first publication of the notice;

(b) in the case of an owner who is not a registered owner, within thirty days after the first publication of the notice. R.S.O. 1990, c. E.26, s. 6 (2).

Order dispensing with hearing

(3) The Lieutenant Governor in Council may, in special circumstances where the Lieutenant Governor in Council considers it necessary or expedient in the public interest to do so, direct that an intended expropriation shall proceed without a hearing and thereupon subsections (1) and (2) of this section, section 7 and subsections 8 (1) and...