Fast-tracked expropriations for the Alto project? A closer look at the new High-Speed Rail Network Act

Bill C-15, which received Royal Assent on March 26, 2026, enacts the High-Speed Rail Network Act (“HSRNA”). The Act introduces special measures that partially depart from the standard process set out in the Expropriation Act for the purposes of delivering the Alto high-speed rail project. Some of these measures may affect owners and lessees of land located within the proposed corridor and therefore warrant closer attention.

First, the construction of the rail network is deemed to have been authorized by the Canadian Transportation Agency. While each segment of the project remains subject to environmental review under the Impact Assessment Act, the project as a whole is exempt from a full assessment in order to avoid delays.[1]

Where Alto determines that a parcel of land is required for railway purposes, the project authority may unilaterally issue a Notice of right of first refusal. Once the Notice is registered, the owner may not sell the land to a third party without first notifying Alto and allowing it 60 days to decide whether to purchase the land. The Notice remains in effect for a maximum period of eight years.[2]

Alto may also, with the approval of the Minister of Transport, impose a Notice of prohibition on work for land that could potentially be expropriated. This Notice may remain in effect for up to four years and prevents the owner or lessee from carrying out any work on the land, such as new construction or improvements, while still allowing necessary maintenance of existing buildings.[3] The owner of land subject to such a Notice is entitled to compensation equal to the amount of any actual

loss sustained as a result of the Notice being registered, as well as appraisal and legal costs, provided that a claim is made within one year following the expiry of the Notice.[4]

The HSRNA also grants additional expropriation powers. Despite Alto’s stated intention to negotiate acquisitions on a consensual basis before resorting to expropriation, the HSRNA relieves Alto of the usual obligation to attempt to purchase the land before seeking to expropriate it.[5]

To exercise Alto’s expropriation powers, the Minister publishes a Notice of intention to expropriate in the Canada Gazette, which remains valid for a period of two years.[6] Whereas the Expropriation Act allows affected owners to object and challenge an expropriation at a public hearing, the HSRNA expressly excludes these mechanisms for the high-speed rail project.[7]

Although individuals may still oppose an expropriation, the final decision rests with the Minister of Transport, who will decide the matter on record after considering the individuals’ written objection. Such objections must be filed within 30 days of the publication of the Notice of Intention to Expropriate in the Canada Gazette.[8]

Despite an owner’s objection, the Minister may proceed by confirming the Notice of intention through the registration of a Notice of confirmation of intention. In such cases, the Minister must, on the written request of the person who served an objection on them, provide reasons for not giving effect to the objection.[9]

While these additional powers are intended to streamline and expedite the land acquisition process, the compensation and claims framework set out in the Expropriation Act remains largely unchanged. In practice, this process generally requires the expropriated party to retain an accredited appraiser. In broad terms, once the expropriation has been confirmed, the process begins with an offer of compensation made by the Minister. Even if the owner accepts that offer, they may still claim additional compensation.[10]

A person entitled to compensation may commence proceedings in the court for the recovery of the amount of the compensation to which he or she is entitled. If no agreement is reached, it is ultimately up to the court to determine the amount of compensation.[11]

In the end, the HSRNA establishes an exceptional framework that significantly accelerates land acquisition and expropriation processes for the benefit of the high-speed rail project, at the cost of substantially reduced procedural safeguards for landowners. In this context, heightened vigilance and appropriate legal guidance remain essential for anyone who may be affected.

Has your property been targeted by an Enter request, a Notice of right of first refusal, a Notice of prohibition on work or a Notice of intention to expropriate? Or do you simply have questions about how the Alto project may affect you? The municipal and administrative law team at TCJ is available to assist you.

Do not hesitate to contact Me Anthony Delisle or Me Guillaume Renauld with any questions regarding the Alto project.