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Expropriation is a statutory process. All Canadian expropriation authorities rely
upon statutory provisions for their expropriation powers. Expropriation powers are
found in many Canadian statutes. Here is a selection of some of the most commonly
used statutory powers:
Alberta
Hydro and Electric Energy Act, R.S.A. 2000, c. H-16, s. 37
This statute regulates the development and operation of electric generation,
transmission and distribution works. Power to expropriate is provided to
authorized operators.
Municipal Government Act, R.S.A. 2000, c. M-26, s. 14
This statute enables municipal government within Alberta. It provides a
power to expropriate for a broad range of municipal purposes.
School Act, R.S.A. 2000, c. S-3, s. 199
This statute enables the publicly-funded education system in Alberta.
It provides a power to expropriate any land necessary for a school board
to carry out its functions.
British Columbia
Community Charter, S.B.C. 2003, c. 26, s. 31
This statute provides enabling powers for most municipal governments within
British Columbia. It provides a general power to expropriate for municipal
purposes.
Hydro and Power Authority, R.S.B.C. 1996, c. 212, s. 16
This statute creates the public-owned electric utility known as B.C. Hydro.
Power to expropriate is granted to B.C. Hydro for any purpose related to the
exercise of its corporate powers.
Transportation Act, S.B.C. 2004, c. 44, s. 10
This statute authorizes expropriation of land for works of public
utility. It is used primarily for highway projects.
Ontario
Ministry of Infrastructure Act, S.O. 2011, c. 9, s. 10
This statute provides a general power to expropriate for any government
purpose.
Public Hospitals Act, R.S.O. 1990, c. P.40
Regulates the development and operation of public hospitals. It provides
a power of expropriation for conducting hospital operations.
Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50
This statute provides primarily for the development of public highways.
It includes a power to expropriate for any purpose authorized by this Act.
The list above provides a small sample only. In fact there are hundreds
of statutes that grant powers to expropriate and there are an equally large
number of parties having those powers. Many of those parties are government
agencies but not all. Private persons can also act as expropriating authorities.
Privately owned utilities are an example of this.
Where the power to expropriate exists, the procedures and compensation
principles applicable are often found in a different statute than the one
which grants the power to expropriate. In other cases a single statute provides
the complete code.
The Statutes page on this website provides
links to the most common procedural statutes and regulations applicable
within Canada.
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