Property Rights Statute Law Amendment Act, 1995

EXPLANATORY NOTE

The Bill amends the Expropriations Act and the Human Rights Code to enhance the protection Ontario law gives to private property rights. The provisions added to the Code are based on the Charter of Human Rights and Freedoms (Quebec).

Bill 11 1995

An Act to amend the Expropriations Act and the

Human Rights Code with respect to property rights

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

EXPROPRIATIONS ACT

1. (1) Section 7 of the Expropriations Act is amended by adding the following subsections:

Merits of objectives

(5.1) In the inquiry, the merits of the objectives of the expropriating authority shall be considered.

. . . . .

Full and fair hearing

(9.1) Every party to the inquiry is entitled to a full and fair hearing.

(2) Section 8 of the Act is amended by adding the following subsection:

Judicial review

(4) For the purposes of the Judicial Review Procedure Act, the approving authority's decision constitutes the exercise of a statutory power of decision.

HUMAN RIGHTS CODE

2. The Human Rights Code is amended by adding the following Part:

PART I.1

PROPERTY RIGHTS

Peaceful enjoyment of property

9.1 Every person has a right to the peaceful enjoyment and free disposition of his or her property, except to the extent provided by law.

Home inviolable

9.2 A person's home is inviolable.

Respect for private property

9.3 No one may enter on another person's property or take anything from it without the person's express or implied consent.

Commencement

3. This Act comes into force on the day it receives Royal Assent.

Short title

4. The short title of this Act is the Property Rights Statute Law Amendment Act, 1995.