Act
Expropriations Act; amendment proposed in Bill 227, Cutting Red Tape, Building Ontario Act, 2024
Regulation Number(s):
n/a
Instrument Type:
Act
Bill or Act:
Expropriations Act mendment proposed in Bill 227, Cutting Red Tape, Building Ontario Act, 2024
Summary of Proposal:
Bill 227, Cutting Red Tape, Building Ontario Act, 2024 includes proposed amendments to the Expropriations Act. If the amendments are passed into law, regulations could be created to authorize the publication of notices and other documents in electronic and print form. Currently, the only method of publication authorized by the Expropriations Act is publication in print newspapers.
The Expropriations Act (EA) establishes a general process for expropriating property, while actual expropriation powers are granted to a wide variety of public sector bodies as "expropriating authorities" (e.g., ministries, municipalities, transit agencies, hospitals, universities) under various other statutes. Where an expropriating authority applies for an approval to expropriate under section 4 of the EA, the expropriating authority must comply with certain service and notice requirements.
Subsection 6 (1) of the Expropriations Act specifies that when an expropriating authority applies for approval to expropriate property, the authority must publish a notice of its application once a week for three consecutive weeks in a newspaper having general circulation in the locality of the lands. The publication requirement is in addition to a requirement to serve notice individually on each registered owner of the lands to be expropriated. Publication of notices, in particular, makes non-registered owners of lands aware of intended expropriations in accordance with the scheme set out in the EA.
Subsection 1 (2) of the EA deals with the service of documents. In the case of a person who is to be served with a document, the person must be served personally or by registered mail. If a person or person's address is unknown, any required document may be served by publishing the document in a newspaper having general circulation in the locality in which the land concerned is situated once a week for three weeks. Service is deemed effective on the date of the third publication. (For ease of reference, references to "notices" in this document covers both publication of notices pursuant to section 6 and also service by publication).
Newspaper Publication Requirements and Modernization Goals
The EA does not authorize methods of publication other than "newspapers". In particular, it does not allow for publication in electronic forms (e.g., websites, digital editions of newspapers, social media, publication in the Ontario Gazette).
The proposed amendments would not set out new publication requirements directly in statute, rather they would enable regulations setting out such requirements. The regulations would not come into force on passage but rather on a date to be named by proclamation.
If and when the amendments are passed into law, MAG would consult on substantive publication requirements that could be set out in regulation. It is anticipated that publication in a variety of electronic forms would be proposed. Consultation would also seek input on whether or not print newspaper publication requirements should be maintained or, alternately, provided as an option in addition to electronic forms of publication.
Any proposed regulations would seek to ensure that members of the public with a potential interest in an expropriation are made aware of it, while simultaneously ensuring that expropriating authorities are able to publish notices in forms that are effective and convenient for the authorities and for the public.
https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-227
The Expropriations Act (EA) establishes a general process for expropriating property, while actual expropriation powers are granted to a wide variety of public sector bodies as "expropriating authorities" (e.g., ministries, municipalities, transit agencies, hospitals, universities) under various other statutes. Where an expropriating authority applies for an approval to expropriate under section 4 of the EA, the expropriating authority must comply with certain service and notice requirements.
Subsection 6 (1) of the Expropriations Act specifies that when an expropriating authority applies for approval to expropriate property, the authority must publish a notice of its application once a week for three consecutive weeks in a newspaper having general circulation in the locality of the lands. The publication requirement is in addition to a requirement to serve notice individually on each registered owner of the lands to be expropriated. Publication of notices, in particular, makes non-registered owners of lands aware of intended expropriations in accordance with the scheme set out in the EA.
Subsection 1 (2) of the EA deals with the service of documents. In the case of a person who is to be served with a document, the person must be served personally or by registered mail. If a person or person's address is unknown, any required document may be served by publishing the document in a newspaper having general circulation in the locality in which the land concerned is situated once a week for three weeks. Service is deemed effective on the date of the third publication. (For ease of reference, references to "notices" in this document covers both publication of notices pursuant to section 6 and also service by publication).
Newspaper Publication Requirements and Modernization Goals
The EA does not authorize methods of publication other than "newspapers". In particular, it does not allow for publication in electronic forms (e.g., websites, digital editions of newspapers, social media, publication in the Ontario Gazette).
The proposed amendments would not set out new publication requirements directly in statute, rather they would enable regulations setting out such requirements. The regulations would not come into force on passage but rather on a date to be named by proclamation.
If and when the amendments are passed into law, MAG would consult on substantive publication requirements that could be set out in regulation. It is anticipated that publication in a variety of electronic forms would be proposed. Consultation would also seek input on whether or not print newspaper publication requirements should be maintained or, alternately, provided as an option in addition to electronic forms of publication.
Any proposed regulations would seek to ensure that members of the public with a potential interest in an expropriation are made aware of it, while simultaneously ensuring that expropriating authorities are able to publish notices in forms that are effective and convenient for the authorities and for the public.
https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-227
Analysis of Regulatory Impact:
The amendments would allow regulations to be made to modernize requirements for publication of notices. However, they would not directly set out new publication requirements. Subsequent consultation on the regulations would allow for input from stakeholders with potential interests on publication requirements. This would include the general public, expropriating authorities (e.g., municipalities, other public sector entities), and print/electronic media.
Further Information:
Proposal Number:
24-MAG011
Posting Date:
November 20, 2024
Comments Due Date:
December 1, 2024
Contact Address:
Ministry of the Attorney General
Policy Division
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Policy Division
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9