You will need to consider s. 20 in assessing legislation, a policy or a program where it:

  • provides for acquisition, seizure or forfeiture of a person’s property under civil or criminal law;
  • confers on a public authority a right of access to private property;
  • limits or terminates property rights (for example, by legislation which establishes a limitation period);
  • restricts the use of private property (for example, under planning laws);
  • restricts or regulates established patterns of access (especially for commercial or business purposes) to public property;
  • modifies commercial or business licensing arrangements;
  • implements government control over its own property (for example, resumption of land);
  • deprives a co-owner of property;
  • impounds or suspends registration of a motor vehicle;
  • creates a charge or mortgage on land;
  • creates a charge or mortgage on personal property.


These policy triggers are not comprehensive.