C-65.1, r. 6 - Regulation respecting government contracts for the acquisition of immovable property

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chapter C-65.1, r. 6
Regulation respecting government contracts for the acquisition of immovable property
GOVERNMENT CONTRACTS FOR THE ACQUISITION OF IMMOVABLE PROPERTY
Act respecting contracting by public bodies
(chapter C-65.1, s. 23).
C-65.1
September 1 2012
1. This Regulation is deemed to be made under section 23 of the Act respecting contracting by public bodies (chapter C-65.1).
R.R.Q., 1981, c. A-6, r. 9, s. 1.
2. Unless otherwise stipulated in any Act or regulation, this Regulation applies to every department or body whose budget is voted by the National Assembly.
R.R.Q., 1981, c. A-6, r. 9, s. 2.
3. In this Regulation, unless the context indicates otherwise,
(a)  “contract with regard to the acquisition of an immovable” means a contract by means of which the right of ownership of an immovable is acquired upon payment of a compensation;
(b)  “management by programme” means a method of budget management whereby a department or body, in respect to contracts payable out of the appropriations for a given programme or an item in a given programme, is exempted from obtaining the approval of the Conseil du trésor normally required under this Regulation, provided the execution reports required by the Conseil du trésor are submitted and that such contracts are in conformity with the budgetary programming approved by the Conseil du trésor;
(c)  “budgetary programming” means a document approved by the Conseil du trésor that divides the budgetary package of a programme or an item in a programme by activity, project or any other method.
R.R.Q., 1981, c. A-6, r. 9, s. 3.
4. Any estimate or negotiation for the acquisition, by mutual agreement, of an immovable by the Government or for a transaction at the time of an expropriation made by the Government must be conducted by the Ministère des Transports when
(1)  the immovable is a transport infrastructure or related to such an infrastructure or to a project involving such an infrastructure; and
(2)  the potential use of the immovable does not correspond to a use for which the services of the Société québécoise des infrastructures are required under section 41 of the Public Infrastructure Act (chapter I-8.3).
In all other cases but subject to the third paragraph, the operations referred to in the first paragraph are conducted by the Société québécoise des infrastructures.
However, the first and second paragraphs do not apply to the Ministère des Ressources naturelles et de la Faune for the acquisition of forest land or of cutting rights, to the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation for the acquisition of immovables within the framework of carrying out a plan, program or project approved under section 24 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14), or to the Société d’habitation du Québec.
R.R.Q., 1981, c. A-6, r. 9, s. 4; S.Q. 2013, c. 23, s. 142.
5. Indemnities, damages, and costs related to the acquisition of an immovable by mutual agreement or by expropriation are chargeable to the budget of the department or body that has obtained the appropriations necessary for such purposes from the National Assembly.
R.R.Q., 1981, c. A-6, r. 9, s. 5.
6. A contract with regard to the acquisition of immovable or a transaction terminating or preceding a suit for expropriation may not be entered into without the authorization of the Conseil du trésor, except:
(a)  where the amount is less than $50,000; or
(b)  where, within the framework of management by programme, such amount is less than $1,000,000, if it is payable out of the appropriations allocated to Programme 1 of the Société québécoise des infrastructures (allocation of space and equipment) and if the society certifies that such amount applies to a project provided for in the budgetary programming; or
(c)  where, within the framework of management by programme, such amount is allocated to a transaction terminating or preceding a suit for expropriation, if it is payable out of the appropriations allocated to Programme 3 of the Ministère des Transports (highway construction) and if the department certifies that such amount applies to a project or an activity provided for in the budgetary programming.
Acquisitions of immovables are also subject to the rules that the Conseil du trésor may make with respect to the way in which such acquisitions are made.
R.R.Q., 1981, c. A-6, r. 9, s. 6.
7. (Revoked).
R.R.Q., 1981, c. A-6, r. 9, s. 7; O.C. 331-83, s. 1.
REFERENCES
R.R.Q., 1981, c. A-6, r. 9
O.C. 331-83, 1983 G.O. 2, 1145
S.Q. 2013, c. 23, s. 142
S.Q. 2013, c. 23, s. 164