Property Rights and Responsibilities Act, 2009 Barrett, Toby — Bill 190 (39th Parliament, 1st Session)

Bill 190, 39-1

Ontario — Bills

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Bill 190, Property Rights and Responsibilities Act, 2009

Barrett, Toby

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[39] Bill 190 Original (PDF)

Bill 190 2009

An Act to amend

the Expropriations Act and the Human Rights Code with respect to property

rights and responsibilities

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at 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) 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" at the beginning 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

(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 property, whether real or personal, 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

Property Rights

Rights and responsibilities

9.1

(1) Every

person has a right to own the real and personal property that he or she has

acquired in accordance with law and, except to the extent provided by law, to

the peaceful enjoyment and free disposition of the property.

Respect for private property

(2) No one may enter onto

another person's real property or into another person's home, whether or not

the person is the owner of the home, or take any personal property from the

real property or home without the person's express or implied consent, except

to the extent provided by law.

Moral responsibility for real property

9.2 In

addition to whatever duties are specified by law, every person has the moral

responsibility to ensure that his or her real property is maintained to a

presentable standard in keeping with such factors as the legal uses to which

the property is put and the character of the community in which the property is

located.

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 Property

Rights and Responsibilities Act, 2009 .

EXPLANATORY NOTE

The

Bill amends the Expropriations

Act and the Human

Rights Code to enhance the protection that Ontario law gives to

owners of property, whether real or personal.

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 own property, whether real or personal, the right to peaceful

enjoyment of one's property and the right to freedom from search of one's real

property and home and from seizure of one's personal property located there.

Those rights have long been recognized at common law but are largely missing

from the Canadian Charter

of Rights and Freedoms . The amendments to the Human Rights Code

also include the moral responsibility to maintain one's real property.

Date Bill stage Activity Committee

June 1, 2009

First Reading

Carried

Debates and Progress

First Reading

June 1, 2009

Committee

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

Acts affected - Bill 190

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Expropriations Act

Human Rights Code

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 190, 39-1
Type	bill
Volume / chapter	p39 s1 bill 190 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5e4d3faa6228aebdddc2b7d85389e5584f0dfcaf

Source file is stored in the law ingest library (html).