CanadaCan I be compensated for the loss of a view or increased noise from a government project?
Generally, no — Canadian law does not compensate for loss of view or increased noise alone unless they cause measurable property devaluation or fall under disturbance damages under the Expropriation Act.
What the Law Says
The federal Expropriation Act sets the legal framework for compensation when the government takes or affects private land. It defines what losses qualify for payment — and notably excludes subjective harms like diminished views or annoyance from noise unless they demonstrably reduce market value or fall within defined categories of disturbance.
Under section 24 of the Expropriation Act, compensation is calculated based on the market value of the land at the time of expropriation, plus 'damages for disturbance, relocation and other losses' that are directly caused by the expropriation.
Loss of view and increased noise are not listed as compensable heads of damage. Courts have consistently held that these are non-compensable 'amenity losses' unless they result in a provable reduction in market value — for example, if noise or visual intrusion makes the property significantly harder to sell or lease.
The Act focuses on objective, quantifiable financial harm — not personal inconvenience or aesthetic preferences.
Statutory TextCompensation is based on the market value of the land plus damages for disturbance, relocation and other losses.
— Expropriation Act, s. 24 — Compensation determination
What to Do
Obtain an independent appraisal to assess whether the project has reduced your property’s market value.
Document all disturbances (e.g., noise logs, photos of visual obstructions, moving costs) to support a claim for disturbance damages.
File a formal claim for compensation with the expropriating authority within the statutory deadline (usually 1 year from possession, though timelines vary by province).
Consult a lawyer experienced in expropriation law to determine if your situation meets the narrow test for disturbance or consequential loss.
Sources
Not 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.