Bill 16 - Transportation Act

In April 2022, the Provincial Government adopted Bill 16, amending the Transportation Act. This amendment allows the Provincial Government, through the BC Transportation Financing Authority, to acquire private land within 800 metres of any major transit hub for the purpose of building housing and community amenities.  75% of Brentwood Park will be impacted by this change. 

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This change has profound implications. Prior to Bill 16, the Financing Authority was able to purchase land for transportation infrastructure projects but did not have the authority to acquire property to facilitate transit-related development, such as housing and other community amenities. With Bill 16, the Provincial Government now has the right to expropriate private land and work with developers to build transit-oriented housing.

 

The expropriation process entails the Province paying "market value" for property which is defined as the amount the land might be expected to realize if sold in the open market by a willing seller to a willing buyer.   A third party appraiser is usually engaged to determine this value.   It is important to note that the Province, unlike a developer, will not pay over-market for a property as they are not in the business of making profits through development.  As such, a homeowner may not receive a "windfall" when their property is expropriated.    Once properties are expropriated, the Province will either sell the land to developers or structure agreements with developers to build housing through public-private partnerships.   

 

The primary concern about Bill 16 is that homeowners are no longer given a choice which presents a serious concern in terms of both home and investment security.  

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This is an example of government over-reach and further erosion of private property rights for citizens.