R-25.02 - Act respecting the Réseau électrique métropolitain

Section 24 Disposition versions

2017-09-27

24. As work is carried out by the Fund on a public road or portion of public road, the Fund must inform the local municipality concerned of the projected dates for completion of the work and for acceptance of the works. Before accepting the works, the Fund must allow the municipality to inspect them and grant it a reasonable time limit, which may not be less than 15 days from the completion date of the work, to do so. On the date of the Fund’s acceptance of the works, the Fund must also

(1)  cease the temporary occupation of the public road or portion of public road;

(2)  restore the public road or portion of public road, in cases where it was not modified or reconfigured, to a state equivalent to its state before being occupied;

(3)  transfer to the local municipality the legal and conventional warranties relating to the work that was carried out on the immovables whose ownership was transferred to it or which are under its management, and guarantee that the quality of the soils where the new public road or portion of public road has been built is suitable for the use that will be made of them; and

(4)  transfer the intellectual property rights for the plans and specifications to the municipality to allow it to maintain and repair the immovables whose ownership was transferred to it, including the right to modify those plans and specifications as it sees fit.

The Fund must, not later than 15 days before the completion date of the work, submit a plan for managing traffic on the public road or portion of public road.

The conventional warranties referred to in subparagraph 3 of the first paragraph and transferred by the Fund may add to the obligations of the legal warranties; they may not diminish their effects or exclude them altogether.

Inspection by the municipality under the first paragraph does not entail, for the municipality, any liability with respect to acceptance of the works and does not diminish the related warranties. Until the Fund accepts the works, it must assume all related liabilities.

The costs of the work to modify or reconfigure public roads and the costs to restore the public road to a state equivalent to its state before being occupied are borne by the Fund.

The Fund and a municipality may agree on a time limit that is different than the one provided for in the first paragraph.

2017, c. 17, s. 24.