On December 4, 2024, Bill 227, the Cutting Red Tape, Building Ontario Act 2024 (“Bill 227”) received Royal Assent. Bill 227 modifies several pieces of provincial legislation, including the Expropriations Act (the “Act”).
Changes to the Act update service requirements and introduce the ability for the Lieutenant Governor in Council to make regulations to adjust and potentially streamline publication requirements. We briefly explore these changes below.
You still read newspapers?
Before Bill 227, s. 1(2) of the Act specified that where the address of a person requiring service was unknown, service of any document could be made, inter alia, by placing a publication in a newspaper having general circulation where the lands to be expropriated are located once a week for three weeks. Similarly, pursuant to s. 6(1) of the Act, notices of intention to expropriate had to be published in a newspaper having general circulation in the location in which the lands are situate for three consecutive weeks. The amendments remove reference to newspapers and specify that publication in such circumstances will be done in accordance with the regulations. Likewise, notices of intention to expropriate land are no longer required to be published in newspapers, but only in accordance with forthcoming regulations.
More Regulations, Less Red Tape
The Regulations section of the Act has been amended to allow the Lieutenant Governor in Council to make regulations regarding the publication of notices and other documents Such regulations are empowered to require publication by a specific methodology, including electronically, the ability to impose different requirements for publication depending on who is required to make the publication, and the ability to define what counts as a “first publication” in certain instances.
…But not Yet
Amendments to the Act will come into force on a day to be named by proclamation of the Lieutenant Governor. A draft set of regulations has not yet been proposed.
The team at Davies Howe LLP will continue to monitor any legislative or regulatory changes. If you have any questions about what these changes might mean for you, feel free to reach out to a member of our Expropriation Team for assistance.
