A Closer Look at the Proposed High-Speed Rail Network Act

In our previous blog post, we discussed Bill C-15 and the federal government’s proposed High-Speed Rail Network Act, which aims to accelerate construction of a planned high-speed rail corridor between Quebec City and Toronto. This post takes a deeper look at the practical implications of the proposed federal legislation and how it compares to Ontario’s expropriation regime.

Expropriation is the process by which a government acquires privately owned land for public use and benefit. The federal Expropriation Act applies when the federal Crown or a federal agency expropriates land for projects under federal jurisdiction (even if the land is in Ontario). Ontario’s Expropriations Act governs expropriations by provincial ministries, municipalities, and other Ontario authorities.

The practical implications of the proposed federal Act’s most notable expropriation-related provisions are explored below. 

No Mandatory Purchase Attempt
The proposed Bill removes the requirement to make an initial purchase offer before commencing expropriation. This change would permit VIA HFR to initiate the expropriation process without first engaging in a formal voluntary acquisition step. While pre-expropriation offers have historically been used to facilitate negotiated settlements, the absence of a statutory offer requirement does not preclude VIA HFR from continuing to pursue voluntary negotiations prior to expropriation where it chooses to do so.

Right of First Refusal
VIA HFR could register notices on properties, invalidating any sale to third parties unless the land is first offered to VIA HFR. The scope and extent of the use of this mechanism would depend on how VIA HFR elects to implement the notice regime across properties located within the corridor.

Elimination of Public Hearings
The proposed Bill would eliminate the right to a public hearing on objections. Owners would remain entitled to submit written objections, which would be considered through an administrative review process rather than an oral hearing. This structure mirrors the regime under Ontario’s Building Transit Faster Act, 2020.

Prohibition on Work Orders
The proposed Bill would allow VIA HFR to freeze work on affected land for up to four years, though work already underway could continue. This power mirrors the stop-work provisions for priority transit projects under the BTFA. The Bill would also enable owners to claim compensation for actual losses incurred during the freeze, providing a measure of balance to offset VIA HFR’s sweeping authority to halt work.

Our firm will continue to monitor these developments and provide updates as Bill C-15 progresses. Whether acting for property owners or expropriating authorities, we remain committed to helping our clients navigate this evolving legislative landscape.