CanadaWhat process must the government follow before expropriating land?
Before expropriating land in Canada, the federal government must register and serve a notice of intention, allow the owner 30 days to object, hold a public hearing if objected to, and obtain ministerial confirmation after the hearing.
What the Law Says
The federal Expropriation Act sets out a clear, step-by-step process the Crown must follow before taking private land for public purposes. This ensures fairness, transparency, and due process for property owners.
First, the Crown must formally signal its intent by registering a notice of intention to expropriate and serving it directly on all registered owners of the land.
Once served, the owner has exactly 30 days to file a written objection with the Minister. If no objection is filed, the expropriation may proceed without further process.
If an objection is filed, the Minister must hold a public hearing where the owner can present evidence and arguments about why the expropriation should not proceed.
After the hearing, the Minister decides whether to confirm the expropriation. Only upon confirmation does the Crown gain legal authority to take the land.
Statutory TextCrown must register a notice of intention to expropriate and serve it on owners of the property.
— Expropriation Act, s. 5 — Notice of intention
Statutory TextOwner served with notice may file an objection within 30 days, leading to a public hearing.
— Expropriation Act, s. 10 — Right to object
Statutory TextAfter hearing, Minister may confirm the intention to expropriate.
— Expropriation Act, s. 14 — Confirmation of expropriation
What to Do
Confirm you’ve received a registered Notice of Intention to Expropriate (check mail and land title records).
Within 30 days of service, file a written objection with the Minister of Public Services and Procurement.
Prepare evidence (e.g., valuation reports, alternative site proposals, impact assessments) for the public hearing.
Attend the hearing and present your case — legal representation is recommended but not required.
If the Minister confirms the expropriation, you may still negotiate compensation or appeal the amount separately under s. 20–29 of the Act.
Sources
Same Question, Other Jurisdictions
US-California
US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.