The Supreme Court of Canada’s ruling, which upholds a bylaw designating the Canadian Pacific Railway’s Arbutus lands for public use without acquisition or negotiation with the landowner creates an intolerable level of uncertainty for investment in B.C.
UDI Executive Director, Maureen Enser, said, "It is unacceptable for there to be legislation on the books in B.C. that allows a municipality to designate private property for public use without negotiation. Who would reasonably invest in land if a government can strip away all private uses whenever it thinks it might possibly want that land for some future infrastructure project? The City in this case did not intend to acquire the land. And yet the Legislation gives the City the power to restrict private land to public use and not negotiate fairly with the landowner."
“The Province has taken great strides to attract people and investment to British Columbia. Much of that work will be for naught if the Province doesn’t act quickly to correct this threat to investors and property owners.”
Enser added that the implications are not limited to investors, but apply equally to every citizen of B.C. “This decision confirms the absence of property rights in the Canadian Charter of Rights and Freedoms. If it becomes acceptable for government to render private land public without negotiation, the power will be used in ever broader circumstances. We expect government to treat its citizens and the business community fairly. This ruling illustrates the need to entrench protection for property owners in all our laws. It’s critical that the Province take action and rectify the situation.”
Finally, UDI calls on the recently elected Vancouver City Council to reconsider the six-year old bylaw as a first step in regaining the trust of the business community and property owners.
“We appreciate that the new Council had no involvement in this, and hope they will recognize that it sends a dreadful message to the investment community and property owners when government designates private land public with no compensation for, or even negotiation with, the landowner. The public and private sectors need to act collaboratively," said Enser.
