Bill 57, Land Rights and Responsibilities Act, 2006

Versions

Bill 57 2006

An Act to amend
the Expropriations Act
and the Human Rights Code
with respect to land rights
and responsibilities

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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 subsection:

Merits of objectives

(5.1) In the inquiry, in addition to the duties described in subsection (5), the inquiry officer shall consider the merits of the objectives of the expropriating authority.

(2) Clause 7 (9) (a) of the Act is amended by striking out "may" and substituting "shall".

(3) 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. (1) The preamble to the Human Rights Code is amended by adding the following paragraph after the second paragraph:

And Whereas it is public policy in Ontario to recognize that the right to own private land is a fundamental element of economic freedom and provides a key incentive for economic growth and prosperity;

(2) The Act is amended by adding the following Part:

PART I.1
LAND RIGHTS

Rights and responsibilities

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

Moral responsibility

(2) In addition to whatever duties are specified by law, every person has the moral responsibility to ensure that his or her land is maintained to a presentable standard in keeping with such factors as the legal uses to which the land is put and the character of the community in which the land is located.

Respect for private land and home

9.2 No one may enter onto another person's land or into another person's home, whether or not the person is the owner of the home, or take anything from the land or home without the person's express or implied consent, except to the extent provided by law.

Commencement and Short Title

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 Land Rights and Responsibilities Act, 2006.

EXPLANATORY NOTE

The Bill amends the Expropriations Act and the Human Rights Code to enhance the protection that Ontario law gives to owners of land and persons with respect to their homes.

Under the Expropriations Act, an inquiry officer on an inquiry is required to consider the merits of the objectives of the expropriating authority and to add, as parties to an expropriation inquiry, the owners of all lands affected by the expropriation. The decision of an approving authority is subject to judicial review.

The amendments to the Human Rights Code recognize, subject to specific limitations at law, the right to peaceful enjoyment of one's land, the moral responsibility to maintain it and the right to freedom from search of one's property and home and from seizure of anything from it. Those rights have long been recognized at common law but are largely missing from the Canadian Charter of Rights and Freedoms.