High-Speed Rail Network Act (S.C. 2026, c. 3, s. 191)

Alternative Title

Marginal note:Alternative title

1 This Act may be cited as the High-Speed Rail Network Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

appropriate Minister

appropriate Minister has the meaning assigned by paragraph (a) of the definition Minister in subsection 2(1) of the Expropriation Act. (ministre compétent)

Corporation

Corporation means the subsidiary of VIA Rail Canada Inc. incorporated under the Canada Business Corporations Act on November 29, 2022 with the corporate name VIA HFR - VIA TGF Inc. or its assign or successor. (Société)

Crown

Crown has the same meaning as in subsection 2(1) of the Expropriation Act. (Couronne)

expropriated

expropriated has the same meaning as in subsection 2(1) of the Expropriation Act. (exproprié)

high-speed rail network

high-speed rail network means the rail network that allows for the carrying of passengers at high speed between Quebec and Ontario. (réseau ferroviaire à grande vitesse)

Indigenous knowledge

Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)

Indigenous peoples of Canada

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

interest or right required for the high-speed rail network

interest or right required for the high-speed rail network means an interest in land or immovable real right that the Corporation requires for the purpose of a railway that is to be part of the high-speed rail network. (droit ou intérêt requis pour le réseau ferroviaire à grande vitesse)

land

land has the same meaning as in subsection 2(1) of the Expropriation Act. (bien-fonds)

Minister

Minister means the Minister of Transport. (ministre)

occupant

occupant means

• (a) a person who occupies land and has an immovable real right in the land other than ownership;

• (b) a person, other than a lessee, who occupies land and has a lesser interest than an interest in fee simple in the land; or

• (c) a person, other than a lessee, who occupies land with the permission of the owner of the land. (occupant)

owner

owner means, in respect of land in Canada elsewhere than in Quebec, an owner in fee simple. (propriétaire)

railway

railway has the same meaning as in section 87 of the Canada Transportation Act. (chemin de fer)

registered

registered has the meaning assigned by the definition register in subsection 2(1) of the Expropriation Act. (enregistrer)

registrar

registrar has the same meaning as in subsection 2(1) of the Expropriation Act. (registrateur)

Marginal note:Interpretation

3 For the purposes of the definition interest or right required for the high-speed rail network in section 2, of paragraph 7(b) and of sections 17 to 23,

• (a) an interest in land relates to any land in Canada elsewhere than in Quebec;

• (b) an immovable real right relates to any land in Quebec and includes the right of a lessee of the land;

• (c) an owner of an interest is a person who has a right, estate or interest in any land in Canada elsewhere than in Quebec; and

• (d) a holder of a right is a person who has a right in any land in Quebec, including a lessee of the land.

Declaration

Marginal note:General advantage of Canada

4 The railways constructed to be part of the high-speed rail network are declared to be works for the general advantage of Canada.

Approval

Marginal note:Construction deemed approved

• 5 (1) The construction of the railway lines that are to be part of the high-speed rail network is deemed to have been approved by the Canadian Transportation Agency under section 98 of the Canada Transportation Act.

• Marginal note:Agency not authorized to review, rescind, etc.

  (2) Despite section 32 of the Canada Transportation Act, the Canadian Transportation Agency is not authorized to review, rescind or vary the approval referred to in subsection (1).

Impact Assessments

Marginal note:Designated project

• 6 (1) The construction, operation, decommissioning and abandonment of the high-speed rail network do not constitute a designated project, as defined in section 2 of the Impact Assessment Act, for the purposes of that Act.

• Marginal note:Segments

  (2) However, the construction, operation, decommissioning and abandonment of each segment of the high-speed rail network, including any incidental physical activity, constitute a designated project, as defined in section 2 of the Impact Assessment Act, whether or not the segment requires a total of 50 km or more of new right of way, as defined in subsection 1(1) of the Physical Activities Regulations.

Marginal note:Non-application

7 Section 8 of the Impact Assessment Act does not apply to the exercise of the following powers or the performance of the following duties and functions for the purpose of carrying out a designated project referred to in subsection 6(2):

• (a) the powers, duties and functions referred to in sections 12 and 14 to 16;

• (b) the powers, duties and functions conferred under an Act of Parliament that are related to the expropriation of an interest in land or immovable real right; and

• (c) the powers, duties and functions conferred under an Act of Parliament, other than this Act, that are related to the acquisition of land other than by expropriation.

Right of First Refusal

Marginal note:Notice of right of first refusal

• 8 (1) If the Corporation is of the opinion that it may require land for the purpose of a railway that is to be part of the high-speed rail network, it may cause a notice of right of first refusal to be registered in the office of the registrar for the county, district or registration division in which the land is situated.

• Marginal note:Content

  (2) The notice of right of first refusal must be signed by the Corporation and include

  • (a) a description of the land that is subject to the notice;

  • (b) a statement that the Corporation may require the land for the purpose of the high-speed rail network;

  • (c) a statement of the owner of the land’s and Corporation’s obligations under section 9;

  • (d) a statement of the rule set out in section 10; and

  • (e) a recommendation that the owner of the land include in any agreement of purchase and sale entered into with a third party with respect to the land a statement that the land is subject to a notice of right of first refusal registered under subsection (1).

• Marginal note:Copy of notice sent

  (3) The Corporation must, as soon as feasible after the notice is registered, cause a copy of the notice to be sent by registered mail or by email to the owner of the land that is subject to the notice.

• Marginal note:Term

  (4) The notice takes effect on the day on which it is registered and ceases to have effect on the earliest of

  • (a) the day on which the land that is subject to the notice, or a part of that land, is acquired, other than by expropriation, by the Corporation,

  • (b) the day on which the land is expropriated,

  • (c) the day on which a notice of abandonment of the intention to expropriate the land is registered under paragraph 12(1)(b) of the Expropriation Act,

  • (d) the date of the notice sent under paragraph 9(3)(b), or

  • (e) the eighth anniversary of the day on which the notice of right of first refusal is registered.

Marginal note:Effect of notice

• 9 (1) If the owner of land that is subject to a notice of right of first refusal registered under subsection 8(1) accepts an offer from a third party to purchase the land, the owner must, as soon as feasible after accepting the offer, provide the Corporation with a copy of the signed agreement of purchase and sale in order that the Corporation may exercise its right of first refusal to purchase the land at the price specified in the agreement.

• Marginal note:Confidentiality

  (2) The Corporation must treat the copy of the signed agreement of purchase and sale as confidential.

• Marginal note:Corporation’s response

  (3) The Corporation must, within 60 days after the day on which it receives the copy of the signed agreement of purchase and sale,

  • (a) send, by registered mail or by email, the owner a notice that it is exercising its right of first refusal; or

  • (b) cause the notice of right of first refusal to be deleted from the office in which it was registered and send, by registered mail or by email, the owner a notice that it is not exercising its right of first refusal and that it has taken the steps necessary to have the notice of right of first refusal deleted.

• Marginal note:Compensation

  (4) If the Corporation exercises its right of first refusal, it must pay to the third party an amount equal to any expenses that were, in the opinion of the Corporation, reasonably incurred by the third party in the course of negotiating the agreement of purchase and sale that it entered into with the owner.

Marginal note:Void or null

• 10 (1) Any sale, to a third party other than the Corporation, of land that is subject to a notice of right of first refusal registered under subsection 8(1) is void or, in Quebec, null.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to the sale of land under an agreement of purchase and sale entered into before the notice is registered.

Marginal note:Deleting notice — ceases to have effect

11 If the notice of right of first refusal ceases to have effect on the eighth anniversary of the day on which it is registered, the Corporation must, as soon as feasible after the notice ceases to have effect, cause the notice to be deleted from the office in which it was registered and send, by registered mail or by email, the owner of the land a notice that it has taken the steps necessary to cause the notice to be deleted.

Prohibition on Work

Marginal note:Notice of prohibition on work

• 12 (1) If the Corporation is of the opinion that land that it may require for the purpose of a railway that is to be part of the high-speed rail network should be subject to a notice of prohibition on work, it may request that the Minister have such a notice registered in the office of the registrar for the county, district or registration division in which the land is situated.

• Marginal note:Minister

  (2) If, after considering, among other things, the Corporation’s request, the Minister is of the opinion that the land should be subject to a notice of prohibition on work, the Minister must request that the appropriate Minister cause such a notice to be registered in that office.

• Marginal note:Appropriate Minister

  (3) On receiving the request from the Minister, the appropriate Minister must cause a notice of prohibition on work to be registered in that office.

• Marginal note:Content of notice

  (4) A notice of prohibition on work must be signed by the appropriate Minister and include

  • (a) a description of the land that is subject to the notice;

  • (b) a statement that the Corporation may require the land for the purpose of the high-speed rail network;

  • (c) a statement of the owner of the land’s obligation under subsection (6);

  • (d) a statement of the prohibition set out in section 13; and

  • (e) a statement of the rule set out in section 23.

• Marginal note:Copy of notice sent

  (5) The appropriate Minister must, as soon as feasible after a notice of prohibition on work is registered, cause a copy of the notice to be sent by registered mail or by email to the owner of the land that is subject to the notice.

• Marginal note:Owner’s obligation

  (6) The owner of the land must, as soon as feasible after receiving a copy of the notice, provide the appropriate Minister with the name and contact information of any lessee or occupant of the land. If there is a new lessee or occupant before the notice ceases to have effect, the owner must, as soon as possible, provide the appropriate Minister with their name and contact information.

• Marginal note:Copy of notice sent — lessee and occupant

  (7) On receiving the name and contact information of any lessee or occupant, the appropriate Minister must cause a copy of the notice to be sent by registered mail or by email to the lessee or occupant.

• Marginal note:Term

  (8) A notice of prohibition on work takes effect on the day on which it is registered and ceases to have effect on the earliest of

  • (a) the day on which the land that is subject to the notice, or a part of that land, is acquired, other than by expropriation, by the Corporation,

  • (b) the day on which the land is expropriated,

  • (c) the day on which a notice of abandonment of the intention to expropriate the land is registered under paragraph 12(1)(b) of the Expropriation Act,

  • (d) the date of the notice sent under subsection 15(1), or

  • (e) the fourth anniversary of the day on which the notice of prohibition on work is registered.

Marginal note:Prohibition

13 An owner of land that is subject to a notice of prohibition on work and any lessee or occupant of that land must not undertake or cause to be undertaken any work to the land, other than work to prevent the normal deterioration of the land or to maintain its normal functional state. However, work begun before the notice is registered may be completed.