T-15 - Public Works Act

Repealed on 1 April 1993

This document has official status.

chapter T-15

Public Works Act

Repealed, 1992, c. 54, s. 75.

1992, c. 54, s. 75.

1. The Minister of Transport, hereinafter called “the Minister”, shall have charge of the carrying out of this act.

R. S. 1964, c. 138, s. 1; 1973, c. 27, s. 20; 1983, c. 40, s. 91.

DIVISION I GENERAL POWERS AND DUTIES OF MINISTER RESPECTING PUBLIC WORKS

2. The Minister may cause to be insured, in his official name, all the public works and buildings of Québec, against fire, in solvent insurance companies.

R. S. 1964, c. 138, s. 2.

3. No warrant shall be issued for any public money appropriated for any public work under the management of the Minister except on the certificate of the Minister or his Deputy Minister, that such money ought to be paid to the person named therein.

R. S. 1964, c. 138, s. 3.

4. The warrant issued upon such certificate shall in all cases be deemed a legal tender to the person to whom it is made payable.

R. S. 1964, c. 138, s. 4.

5. The Minister or the Deputy Minister may require any account sent in to him by any contractor or any person employed by the Department, to be attested on oath, which oath, as well as that to be taken by any witness, may be administered by the Minister or the Deputy Minister.

R. S. 1964, c. 138, s. 5.

6. The Minister or the Deputy Minister may send for and examine on oath all such persons as he deems necessary to examine, touching any matter upon which his action is required, and may order all such persons to bring with them such papers, plans, books, documents and things required for the proof of such matter, and may pay such persons reasonable compensation for their time and disbursements.

Such persons shall attend upon such summons after due notice, under penalty of a fine of $20 in each case.

R. S. 1964, c. 138, s. 6.

7. The Minister shall make and submit to the Lieutenant-Governor an annual report on all the works under his control; which report, showing the state of each work and the amounts received and expended in respect thereof, with such further information as may be required, shall be laid before the Legislature within ten days from the commencement of each session.

R. S. 1964, c. 138, s. 7.

8. The Minister shall call for tenders by public advertisement for the execution of all works done by contract and the estimated cost of which exceeds $100 000, except

(a)  in cases of emergency where the safety of persons or property is involved and where delay would be injurious to the public interest; or

(b)  in cases where the execution of the works must be entrusted to a public utility firm; or

(c)  in cases where the execution of the works is entrusted to a municipal corporation or to an urban community; or

(d)  in cases of works to equip or re-equip a rented building where the contract is made with the owner; or

(e)  in cases of restoration or renovation works where it is impossible to identify and describe such works with precision.

R. S. 1964, c. 138, s. 8; 1978, c. 51, s. 1; 1982, c. 58, s. 77; 1990, c. 85, s. 122.

9. The Minister, in all cases where public work is being carried out by contract, shall take all reasonable care that good and sufficient security be given in favour of Her Majesty for the due performance of such work within the amount and time specified for its completion; and no money shall be paid to a contractor on any contract whatsoever, nor shall any work be commenced, until the contract has been signed by the parties therein named and until the required security has been given.

R. S. 1964, c. 138, s. 9.

10. The Minister may authorize the architects, engineers, officers and contractors, servants and workmen employed by him to enter into and upon any ground to whomsoever belonging, to survey and take the levels of the same, and to make such borings or sink such trial pits as they may deem necessary for any work under his management.

R. S. 1964, c. 138, s. 10.

11. (Repealed).

R. S. 1964, c. 138, s. 11; 1978, c. 51, s. 2; 1983, c. 40, s. 92.

12. The Minister and his agents may enter upon any uncleared or wild land, and take therefrom all timber, stone, gravel, sand, clay or other materials necessary for the construction, maintenance and repair of public works or buildings under their management, or may lay any materials or things upon any such land, for which compensation shall be given at the rate agreed or appraised and awarded; and the Minister may make and use all such temporary roads to and from such timber, stone, clay, gravel, sand or gravel-pits, or which may be required by him for the convenient passing to and from the works during their construction and repair, and may enter upon any land for the purpose of making proper drains to carry off the water from any public works or for keeping such drains in repair, giving compensation as aforesaid.

R. S. 1964, c. 138, s. 12.

13. The compensation agreed on between the parties, or appraised and awarded in the manner hereinafter set forth, shall be paid for such land, immoveable property, immoveable real right, timber, stone or other material, to the owner or occupants of such lands or other property, or to the persons suffering such damage aforesaid, within six months after the amount of such compensation has been agreed on or appraised and awarded.

R. S. 1964, c. 138, s. 13; 1978, c. 51, s. 3.

14. (Repealed).

R. S. 1964, c. 138, s. 14; 1983, c. 40, s. 92.

15. The Minister may close or alter any part of a public road where it is found to interfere with the proper line or site of any public work; but, before closing or altering such public road, he shall open and substitute another convenient road; and the land, theretofore used for any road or part of a road so discontinued, may be transferred by the Minister to, and shall thereafter become the property of, the owner of the land of which it originally formed part.

R. S. 1964, c. 138, s. 15.

16. Whenever it is necessary, in the prosecution of any public work, for the Minister or his contractors or servants to take down, demolish or remove the walls or fences of any property adjoining such public work, or to construct any ditches or drains for the outlet of water which has accumulated behind the banks of any public canal, the Minister, or contractor, or their authorized servants shall replace the said walls and fences as soon as the necessity for their being taken down, demolished or removed, ceases; and, after the same have been so replaced, they shall be maintained by the owner as if they had never been taken down or removed.

R. S. 1964, c. 138, s. 16.

17. Every contract, agreement, bond or lease for or respecting any work or building now the property of Québec, or for any tolls for the same, entered into by the Commissioner of Public Works of the late Province of Canada, or by any commissioners or other persons duly authorized to enter into the same, shall inure to Her Majesty, and may be enforced as if it had been made and entered into under the authority of this act.

R. S. 1964, c. 138, s. 17.

18. (Repealed).

R. S. 1964, c. 138, s. 18; 1983, c. 40, s. 92.

DIVISION II

Repealed, 1983, c. 40, s. 92.

1983, c. 40, s. 92.

19. (Repealed).

R. S. 1964, c. 138, s. 19; 1973, c. 27, s. 20; 1977, c. 5, s. 14; 1982, c. 58, s. 78; 1983, c. 40, s. 92.

20. (Repealed).

R. S. 1964, c. 138, s. 20; 1965 (1st sess.), c. 17, s. 2; 1973, c. 27, s. 20; 1977, c. 5, s. 14; 1983, c. 40, s. 92.

DIVISION III ARBITRATIONS

§ 1 . — Appointment of Official Arbitrators

21. The Government may, at any time, establish a board of arbitration and appoint, for such period as it may determine, competent persons, not exceeding three, as arbitrators for Québec.

Such arbitrators shall arbitrate on, appraise, determine and award the sums which shall be paid to any person in respect of any claim arising out of any contract or agreement and with whom the Minister has not agreed and cannot agree.

Every arbitrator shall receive such remuneration as may be fixed by the Government.

R. S. 1964, c. 138, s. 21; 1986, c. 95, s. 329.

22. The arbitrators shall take, before the Minister or a justice of the peace, the following oath:

“I, A. B., do swear that I will well and truly examine into such claims as may be submitted to me for compensation for damages consequent upon the construction of public works, or for payment or allowance in respect of any contract; and that I will give a true judgment and just award thereon to the best of my knowledge and ability; and that, in giving such judgment, I will take into due consideration the benefits derived and to be derived by the claimants through the construction of such public work, as well as the damages suffered thereby. So help me God”.

R. S. 1964, c. 138, s. 22.

23. The Government may appoint one or more proper persons to act as secretaries to the arbitrators, and may remove any such secretary and appoint another or others, whenever it sees fit.

It may fix the amount of remuneration to be allowed to such secretary or secretaries.

R. S. 1964, c. 138, s. 23.

§ 2 . — What Cases may be referred to Arbitration

24. Any person or corporation having any claim for direct or indirect damage to property arising from the construction or connected with the execution of any public work undertaken, commenced or performed at the expense of Québec, or any claim arising out of or connected with the fulfilment of any contract for the construction of a public work, and entered into or made with the Minister, may give notice in writing of such claim to the Minister, accompanied by particulars in connection therewith and the causes which have given rise thereto; and the Minister, if he thinks it advisable to allow an arbitration, may, at any time within thirty days after such notice, tender what he considers just compensation for the same, with notice that the claim will be submitted to the arbitrators appointed under this act, unless the amount so tendered be accepted within ten days after such tender.

R. S. 1964, c. 138, s. 24.

25. The tender by the Minister shall be deemed to be legally made by any written authorization signed by him for the payment of such sum, and notified to the person or corporation making such claim.

A tender so made shall likewise be sufficient in any case where compensation is tendered by the Minister under any other section of this act.

R. S. 1964, c. 138, s. 25.

26. No tender made by the Minister may be invoked as evidence, nor even as a presumption, against him, but shall always be deemed to have been made with a view to conciliation.

R. S. 1964, c. 138, s. 26.

27. Before any claim made under this or any other section of this act shall be submitted to the arbitrators, the claimant shall give security to the satisfaction of the arbitrators, or any one of them, for the payment of the costs and expenses incurred by such arbitration, in the event of the award of the arbitrators being unfavorable to such claimant, or of its not exceeding the sum so tendered as aforesaid.

R. S. 1964, c. 138, s. 27.

28. The Minister may refer any of the claims aforesaid either to one or to the three arbitrators as he may see fit.

When any claim has been referred to one arbitrator only, such arbitrator shall alone be entitled to take the evidence, hear the parties and pronounce the award, and such award shall be binding, saving the appeal hereinafter provided for.

In every case where the claim is referred to the three arbitrators, they shall receive the evidence, hear the parties and exercise all the powers preliminary or incident to the hearing and to the taking of evidence. The award of the majority shall be final and without appeal.

R. S. 1964, c. 138, s. 28; 1986, c. 95, s. 330.

29. If, in any case where a claim has been referred to only one arbitrator, the claimant be not satisfied with the award, he may, by a notice in writing transmitted to the secretary of the board, within one month after notice of the award has been served on such claimant, appeal to the board of arbitration consisting, in that case, of only the other two arbitrators. The board shall hear the appellant, and give such award as may appear right to the board. The award shall be final and without appeal.

R. S. 1964, c. 138, s. 29; 1986, c. 95, s. 331.

30. In any such appeal, the appellant shall not have the right to adduce further evidence than that already given in the first instance, unless it be shown, to the satisfaction of the board, that the existence of such further evidence has come to his knowledge since the first hearing of the case, or unless the board, at the time of hearing such claimant, deems it right to allow such further evidence.

R. S. 1964, c. 138, s. 30.

31. No arbitration shall be allowed in any case in which by the terms of the contract it is provided that the decision on any differences arising out of or connected with such contract shall be left to the Minister, or to the architect, or to any engineer or officer of the Department.

R. S. 1964, c. 138, s. 31.

32. No claim for damages alleged to have been occasioned, either directly or indirectly, to any land or other property, by the construction, maintenance or management of a public work, and no claim arising out of the execution of any contract or agreement for the construction of such public work or of a part thereof, shall be submitted to or entertained by the arbitrators appointed under this act, unless such claim and the particulars thereof have been filed with the secretary of the Department within twelve months next after the loss or injury complained of, when such claim relates to damage occasioned to land or other property, and when such claim relates to, or is alleged to arise out of the execution or fulfilment of any contract or agreement for the construction of any public work, unless the same has been filed as aforesaid within three months next after the date of the final estimate made under such contract. Nothing in this section shall prevent the arbitrators entertaining, investigating or settling any claims filed in the proper office, within the delay allowed by any act in force in Québec at the time of the construction of such public work.

R. S. 1964, c. 138, s. 32.

§ 3 . — Powers of Arbitrators, and Proceedings by or before them

33. The arbitrators may, by a summons or order in writing signed by any one of them or by their secretary, to be served at the last usual place of residence of the person to whom it is addressed, command the attendance of witnesses residing in any part of Québec, or the production of any documents required by either of the parties, and may swear the said witnesses to testify truly respecting the matters on which they shall be interrogated.

Disobedience to such summons or order in writing, or neglect to attend or to produce such documents, shall subject the person in default to a fine of not less than $5 nor more than $25, unless the offender shows reasonable cause in justification thereof.

No person shall be compelled to produce any document that he could not be compelled to produce at a trial in the Superior Court or the Court of Québec, or to attend as a witness during more than three consecutive days.

Every witness shall be allowed, in addition to his reasonable travelling expenses, a sum of not more than $1 per day, in the discretion of the arbitrators; and such remuneration shall be paid by the party requiring his attendance.

R. S. 1964, c. 138, s. 33; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 878.

34. The arbitrators, in examining any claim for compensation for damages, shall take into consideration the advantages as well as disadvantages of such public work to the owner of the land or immoveable property through which the same passes or to which it is contiguous.

R. S. 1964, c. 138, s. 34.

35. The arbitrators, in estimating and awarding the amount to be paid to any claimant for damages done to any immovable property, shall estimate such land or immoveable property according to the value thereof, at the time the damage complained of was sustained, and not according to the value of the adjoining lands at the time of making their award.

R. S. 1964, c. 138, s. 35.

36. In investigating and settling any claim arising out of a contract in writing, the arbitrators shall decide in accordance with the conditions and stipulations set forth in such contract, and shall not, in any case, award compensation to a claimant on the ground that he expended larger sums of money in the performance of his contract than the amount stipulated therein; nor shall they award interest on any sum of money which they consider to be due such claimant, unless interest is stipulated in such contract.

No clause in such contract, stipulating a drawback or imposing a penalty for the non-performance of any condition thereof, or any neglect to complete any such public work, or to fulfill any covenant in such contract, shall be considered as comminatory, but as an obligation to pay, by mutual consent, any damages caused by such non-performance or neglect.

R. S. 1964, c. 138, s. 36.

37. In the investigation of any claim submitted to them, the arbitrators shall cause all legal evidence offered on either side to be taken down in writing, and shall make a list of all plans, receipts, vouchers, documents and other papers which may have been produced before them during such investigation; but they may, with the consent in writing of the Minister and of the opposite party, take the evidence orally of the witnesses produced on either side, without reducing it to writing.

R. S. 1964, c. 138, s. 37.

38. The arbitrators shall, within one month after the rendering of such decision, deliver to the Minister a copy of their award, and to each claimant a copy of so much thereof as relates to his particular claim.

R. S. 1964, c. 138, s. 38.

39. The secretary to the arbitrators shall, on payment at the rate of $0,10 for every 100 words, and of $0.20 additional for every certificate, deliver, to any person requiring the same, certified copies of any depositions or papers taken or filed before the arbitrators.

R. S. 1964, c. 138, s. 39.

40. If the amount awarded be greater than the amount tendered, the Minister shall pay the costs of arbitration, but, if it be not greater, the costs shall be paid by the person who refused the tender.

Such costs shall, in either case, be taxed by a judge of the Superior Court.

Whenever the claimant is represented or assisted by an advocate before the arbitrators, fees shall be taxed and allowed such advocate as in a contested case in the Superior Court or the Court of Québec, according to the amount awarded.

R. S. 1964, c. 138, s. 40; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66.

§ 4 . — Unofficial Arbitrators for certain special Cases

41. The Minister, whenever he deems it advisable, or if required so to do by the claimants in any case hereinbefore mentioned, may, under the authority of the Government, submit any or all of such claims to arbitrators other than the official arbitrators, such arbitrators to be appointed as follows:

The claimant and the Minister shall each appoint an arbitrator; and such two arbitrators shall appoint a third; and, in case of disagreement, the third arbitrator shall be appointed by a judge of the Superior Court, on application of the other two arbitrators.

Such three arbitrators shall have the same powers as the official arbitrators for examining into and adjudicating upon such claim, for summoning before them, and hearing, swearing and examining witnesses, and for compelling the production of all papers and documents.

R. S. 1964, c. 138, s. 41.

42. Any witness, duly summoned, who neglects or refuses to appear before such arbitrators, or to be sworn, or to answer any questions put to him, or who refuses to produce any documents required of him, shall be liable to the fine mentioned in section 33, in the same manner and with the exemptions and qualifications set forth in such section.

Such witnesses shall have a right to be taxed in the manner therein provided.

R. S. 1964, c. 138, s. 42; 1990, c. 4, s. 879.

43. The claimant shall give, to the satisfaction of the arbitrators appointed under section 41, security in the cases provided for, in the manner and for the purposes mentioned in section 27.

R. S. 1964, c. 138, s. 43.

44. The award of such arbitrators, or of a majority thereof, shall be final and without appeal.

R. S. 1964, c. 138, s. 44.

45. The costs incurred in any arbitration under section 41 shall be borne, taxed and paid, as prescribed in section 40, and the remuneration to be allowed such arbitrators shall be fixed in the same manner as for the official arbitrators.

R. S. 1964, c. 138, s. 45.

DIVISION IV CONFIRMATION OF TITLES TO REAL ESTATE

46. The compensation respecting which there is an agreement between the Minister and the party who may legally convey lands which may be taken under this act without the consent of the owner thereof, or who is in possession thereof as owner, shall represent such lands; and any claim, hypothec or encumbrance on such lands shall be converted into a debt payable out of such compensation.

R. S. 1964, c. 138, s. 46.

47. If the Minister has reason to believe that such land is encumbered with claims or hypothecs, or if the party to whom the whole or a part of such compensation money is payable, refuses to execute the conveyance thereof and give proper security, or if a party who has a right to such compensation money cannot be found or be unknown to the Minister, or if, for any other reason, the Minister deems it advisable, he may pay such compensation money into the hands of the prothonotary of the Superior Court for the district in which such land is situated, with six months’ interest thereon, and deliver to the prothonotary an authentic copy of such conveyance, and, on petition by the Crown, measures shall be taken for the confirmation of the title, except that, in addition to the ordinary contents of the notice, the prothonotary shall announce that such title (that is to say the conveyance) is under this act, and shall require all persons who have any claim to such land or to any part thereof, or the representatives or husband of any person having any claim thereto, to file their opposition for such claims to the compensation money either wholly or in part. All such oppositions shall be received and adjudicated upon by the court, and the judgment in confirmation shall finally dispose of all claims to such lands or to any part thereof, as well as all encumbrances and hypothecs.

R. S. 1964, c. 138, s. 47.

48. The court shall, for the distribution, payment or investment of the compensation money, and for securing the rights of all interested parties, render all decisions required by law and justice; and the costs of such proceedings, either wholly or in part, shall be paid by the Minister or by any other party whom the court may deem it just to condemn so to do.

R. S. 1964, c. 138, s. 48.

49. If the judgment in confirmation be obtained less than six months from the payment of the compensation money into the prothonotary’s hands, the court may order a proportionate part of the interest to be returned to the Minister; and if, by reason of any error, mistake or negligence in the proceedings on the petition in confirmation of title, such confirmation of title be not obtained until after six months, the court shall order that the interest, for any subsequent period which it deems reasonable, be paid to the party having a right thereto.

R. S. 1964, c. 138, s. 49.

DIVISION V RESUMPTION OF PUBLIC WORKS

50. The Government may, at any time, order the Minister to reenter into possession of any public work or building, in consequence of the termination of any lease, charter or agreement whatever, or the taking effect of a resolutory condition, as well as for nonfulfilment of any contract of for any other cause of rescission, or for public purposes.

R. S. 1964, c. 138, s. 50.

51. The order-in-council for such purpose must be served on the holder of such public work or building, or on his representatives on the premises, and, immediately after such service, the Minister, or any person authorized by him for such purpose, may, without any other formality, take possession of the public work or building specified in the order-in-council, without prejudice to any recourse for indemnity by the party dispossessed, if he deem himself aggrieved thereby.

R. S. 1964, c. 138, s. 51.

52. Should the holder or his representatives refuse or neglect to deliver up such public work or building to the Minister or to any person deputed by him, immediately after the service of the said order-in-council, the sheriff of the district in which such public work or building in situated shall, under a warrant signed by the Lieutenant-Governor, seize such public work or building and maintain the Minister or any person deputed by him in the possession thereof.

R. S. 1964, c. 138, s. 52.

DIVISION VI REGULATIONS FOR THE USE OF PUBLIC WORKS

53. The Government may make such regulations as it may deem necessary for the management, proper use and protection of all or any of the public works.

R. S. 1964, c. 138, s. 53.

54. Any offence against a regulatory provision may be sanctioned by a fine of not more than $400.

The judge who convicts a person of such an offence may, in rendering judgment, order that the vehicle then being detained and with which this offence has been committed or damage has been caused shall constitute a security to guarantee payment of the fine and costs he imposes.

R. S. 1964, c. 138, s. 54; 1990, c. 4, s. 880.

55. Every proclamation, regulation and order-in-council made under this act shall be published in the Gazette officielle du Québec, except orders-in-council made under Division II which must be laid before the National Assembly if it is then in session and, if it is not then in session, the said orders-in-council, or a summary thereof indicating their essential provisions, must be laid before the National Assembly during the first fifteen days of the next session.

R. S. 1964, c. 138, s. 55; 1968, c. 9, s. 90.

55.1. This Act is operative only for the administration of the Colonization Roads Act (chapter C-13).

1983, c. 40, s. 93.

DIVISION VII

This Division ceased to have effect on 17 April 1987.

56. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 138 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter T-15 of the Revised Statutes.