v-8 - Roads Act

Replaced on 1 April 1993

This document has official status.

chapter V-8

Roads Act

Chapter V-8 is replaced by the Act respecting roads (chapter V-9). (1992, c. 54, s. 77).

1992, c. 54, s. 77.

DIVISION I SERVICE DE L’ENTRETIEN ET DE LA RÉPARATION DES CHEMINS ET DES PONTS

1. There shall be established in the Ministère des Transports a branch under the name of “Service de l’entretien et de la réparation des chemins et des ponts”.

R. S. 1964, c. 133, s. 12; 1966-67, c. 48, s. 4; 1972, c. 54, s. 32; 1977, c. 5, s. 14.

2. The Government shall appoint an officer, called General Superintendent of Maintenance and Repair of Roads and Bridges, and the other officers and employees composing the Service de l’entretien et de la réparation des chemins et des ponts.

R. S. 1964, c. 133, s. 13; 1966-67, c. 48, s. 5; 1977, c. 5, s. 14.

3. The general superintendent shall carry out, under the direction of the Minister of Transport, the provisions of this act respecting the maintenance and repair of roads and bridges.

R. S. 1964, c. 133, s. 14; 1966-67, c. 48, s. 6; 1972, c. 54, s. 32.

4. The Minister of Transport may, for such purpose, acquire machines, implements and tools, procure supplies of materials, engage inspectors, patrolmen and other employees, and organize maintenance systems by patrolmen or other maintenance systems.

R. S. 1964, c. 133, s. 15; 1972, c. 54, s. 32.

DIVISION II BUILDING OF HIGHWAYS AND BRIDGES

5. The Government may authorize the Minister of Transport to cause to be built or rebuilt, with such material as may be thought proper, new or already existing highways or bridges in Québec.

R. S. 1964, c. 133, s. 16; 1966-67, c. 48, s. 8; 1972, c. 54, s. 32.

6. When the Government decides to build a new highway or to rebuild an old one, it may:

(1)  Fix, for each municipality crossed by the said highway, its share for each kilometre or part of a kilometre built or rebuilt within its limits, and payable after the completion of the work, provided such shares has been determined by resolution of the municipality, and such resolution may not thereafter be changed, except with the consent of the Government;

(2)  Approve any agreement that may be made, by way of resolution, by the council of any municipality, with the Minister of Transport, for the construction of the portion of the highway crossing such municipality.

R. S. 1964, c. 133, s. 17; 1972, c. 54, s. 32; 1984, c. 47, s. 213.

7. Every resolution passed before the 29th of December, 1922 (the date of the coming into force of chapter 34, of the statutes of 1922 (2nd session) ), providing for a contribution by a municipality for the improvement of a road, shall be valid, as soon as approved by the Government, and may not thereafter be changed without its consent.

R. S. 1964, c. 133, s. 18.

8. When any resolution mentioned in section 6 or 7 has been passed by the municipality and approved by the Government, the secretary-treasurer or clerk of the municipality shall provide, at the time of the preparation of the general tax collection roll, if such roll be made within the three months following the approval of the resolution by the Government, and otherwise by a special collection roll, for the collection of the moneys necessary to meet, in whole or in part, as mentioned in the resolution, the payments of the contribution or of the loans that may be occasioned by such contribution.

R. S. 1964, c. 133, s. 19.

9. The contribution authorized by this division shall not be subject to the general or special laws limiting or restricting the power of municipalities to contract debts or loans.

R. S. 1964, c. 133, s. 20.

10. Whenever the building or rebuilding of a highway or bridge has been decreed by order of the Government, the Minister of Transport may:

(1)  Determine the course or site thereof and do all the preliminary work therefor;

(2)  Take possession of any road whether subject or not to municipal authority;

(3)  Settle what the work of building or rebuilding shall be, and what ought to be classified as part of the cost of such building or rebuilding;

(4)  Determine and change the direction, width, outline and level of such highway, the site, dimensions, materials and manner of construction of such highway or bridge and of the roadway, embankments, drains, guard walls and other work forming part thereof; deviate and alter watercourses and ditches crossing or parallelling such road; for the drainage of such road, direct and dig watercourses and ditches, lay drains and sewage canals across and along such highway and across any land; remove all posts and conduits;

(5)  Establish parking zones, service areas, rest areas, lookouts, pavilions, bicycle paths, hiking trails and any other protection, safety or embellishment works;

(6)  Acquire, by mutual agreement or by expropriation, any immoveable deemed necessary for such purposes or to give access to properties isolated from the road, to re-establish the situation of divided land, to allow of the removal of constructions or to reduce the cost of effecting the acquisition of the site;

(7)  Transfer, lease, exchange any property so established or acquired or otherwise dispose thereof, when it is no longer needed.

R. S. 1964, c. 133, s. 21; 1966-67, c. 48, s. 9; 1972, c. 54, s. 32; 1984, c. 23, s. 31; 1986, c. 67, s. 11; 1991, c. 57, s. 11.

11. The Minister may, if need be, exercise all the powers mentioned in section 10 for any road or bridge which he maintains.

R. S. 1964, c. 133, s. 22; 1966-67, c. 48, s. 10.

12. The Minister may acquire all the perpetual or temporary servitudes which to him appear to be desirable for any built or projected road or bridge, and especially:

(a)  The servitude of right of way: for transportation of materials, access to a quarry or a gravel-pit, or changing the direction of traffic during the construction or repair of a road;

(b)  The servitude of drainage, to establish or change the course of any stream or ditch for the draining of a road or bridge;

(c)  The servitude of non-access to the public road, with prohibition to make any opening in the fence along the road or bridge;

(d)  The servitude of non-building, prohibiting the erection or rebuilding of any construction on the strip of land specified.

R. S. 1964, c. 133, s. 23; 1966-67, c. 48, s. 11.

13. The Minister shall acquire such servitudes by agreement with the proprietor or by depositing a plan and description according to the expropriation procedure.

R. S. 1964, c. 133, s. 24; 1973, c. 38, s. 103.

14. In this Act, the word “dump” means a place where scrapped objects are deposited, whether or not such objects are intended to be sold or recycled; it includes in particular an old car dump.

1965 (1st sess.), c. 48, s. 1; 1982, c. 49, s. 5.

15. The owner, lessee or occupant of any land who uses it as a dump within a distance of 150 metres of a road maintained by the Minister of Transport is guilty of an offence and liable to a fine of $75 to $125.

However, in the case of an old car dump situated along an autoroute or a connecting highway, the distance is determined by regulation of the Government and may vary from one autoroute to another or from one part of an autoroute or connecting highway to another.

1965 (1st sess.), c. 48, s. 1; 1972, c. 54, s. 32; 1982, c. 49, s. 5; 1990, c. 4, s. 920; 1991, c. 33, s. 143.

15.1. Section 15 applies, mutatismutandis, to the owner of a vehicle deposited in a dump.

1982, c. 49, s. 5.

15.2. The court which pronounces sentence following an offence under section 15 or section 15.1 shall order the scrapped objects concerned in the offence removed or destroyed by the offender within a period of eight days from the date of sentence.

If the offender fails to comply with the order, the Minister may have it carried out at the expense of the offender.

1982, c. 49, s. 5.

16. The owner, lessee or occupant of any land used as a dump and visible from a road maintained by the Minister of Transport must surround it with a fence conforming to standards prescribed by regulation of the Government; such standards may vary from one road to another or from one part to another of the same road.

An owner, lessee or occupant who contravenes this section is guilty of an offence and liable to a fine of $75 to $125.

1965 (1st sess.), c. 48, s. 1; 1972, c. 54, s. 32; 1982, c. 49, s. 5; 1990, c. 4, s. 920; 1991, c. 33, s. 144.

17. (Repealed).

1965 (1st sess.), c. 48, s. 1; 1982, c. 49, s. 5; 1988, c. 14, s. 34.

17.1. (Repealed).

1982, c. 49, s. 5; 1988, c. 14, s. 34.

17.2. (Repealed).

1982, c. 49, s. 5; 1986, c. 95, s. 345; 1988, c. 14, s. 34.

17.3. (Repealed).

1982, c. 49, s. 5; 1988, c. 14, s. 34.

17.4. (Repealed).

1982, c. 49, s. 5; 1988, c. 14, s. 34.

18. Proceedings for an offence under section 15, 15.1 or 16 are brought by the Attorney General or by any person generally or specially authorized by him for that purpose.

1965 (1st sess.), c. 48, s. 1; 1982, c. 49, s. 5; 1988, c. 14, s. 35; 1990, c. 4, s. 921.

18.1. (Replaced).

1982, c. 49, s. 5; 1988, c. 14, s. 35.

19. The Minister may, when taking possession of part of an immoveable, order the proprietor of the other part to move or erect, within the delay fixed by him, the fences along the line of the expropriated property on each side of the road. When such delay has expired, the Minister shall not be responsible for damages resulting from the absence of fences. As soon as such moving or erection of fences has been finished, the Minister shall indemnify the proprietor for this work.

R. S. 1964, c. 133, s. 26.

20. A municipality which does not desire to charge itself directly with the contribution mentioned in section 6 may, on petition of the majority of the ratepayers bound to maintain certain parts of the highways built or rebuilt under this division, enact by resolution that the share of the contribution of the municipality shall be payable by means of an assessment levied, in the manner indicated in section 8, on the ratepayers who are bound to maintain such parts of the road.

The responsibility of the municipality shall not be diminished by the passing of the resolution, but it must levy, on the ratepayers liable therefor, the necessary assessment to pay the share of the contribution determined.

R. S. 1964, c. 133, s. 27.

21. If a municipal corporation which has passed a resolution under section 20 of this act or under section 27 of chapter 141 of the Revised Statutes, 1941, or under section 23 of chapter 91 of the Revised Statutes, 1925, or under section 22 of chapter 34 of the statutes of 1922 (2nd session), or under section 21 of chapter 21 of the statutes of 1912 (2nd session), takes under its charge the roads of the municipality which it governs, it shall, by the by-law adopted for the purpose, enact and subsequently put into operation the necessary measures to indemnify the ratepayers who have already paid or are now paying and shall continue to pay during a fixed term the taxes and assessments under the above-mentioned resolutions.

R. S. 1964, c. 133, s. 28.

22. Every municipality which avails itself of the provisions of this Division shall be clothed with all the necessary powers to carry them out, and every resolution passed by it under the authority thereof shall be valid, regardless of any irregularity or illegality affecting the same, so soon as it shall have received the approval of the Government.

R. S. 1964, c. 133, s. 29.

DIVISION III IMPROVEMENT OF MUNICIPAL ROADS

Subsidies to municipalities

23. In this act, the expression “to improve a road” shall mean to gravel, stone or macadamize a road, or to cover the surface thereof with a layer of materials welded by means of cement, bitumen or mechanical pressure; or to harden the surface thereof with a mixture of sand and clay, following a process approved by the Minister of Transport.

R. S. 1964, c. 133, s. 30; 1972, c. 54, s. 32.

24. The Minister of Transport may grant, to any municipal corporation, rural or village or county, a subsidy equal to one half of the expenses it has incurred for the improvement of a road.

R. S. 1964, c. 133, s. 31; 1972, c. 54, s. 32.

25. Whenever the road to be improved is a road of general interest, the Minister of Transport may grant a special subsidy in addition to that authorized by section 24.

R. S. 1964, c. 133, s. 32; 1972, c. 54, s. 32.

26. The amount of each of the subsidies authorized by sections 24 and 25 shall be determined by the Minister of Transport before the works subsidized may be carried out.

R. S. 1964, c. 133, s. 33; 1972, c. 54, s. 32.

27. A municipal corporation, in order to obtain a subsidy authorized by sections 24 and 25, must:

(1)  Pass a by-law or a procès-verbal ordering the projected improvement, and deliver to the Minister of Transport a copy of such by-law or procès-verbal;

(2)  Carry out the works subsidized under the direction of the Minister of Transport, in accordance with the plans and specifications he causes to be prepared;

(3)  Make each month, during the carrying out of the works, a special report of the expenses incurred, in accordance with the form furnished by the Ministère des Transports, accompanied by a resolution of the council approving such report, and by an affidavit of the secretary-treasurer attesting its correctness.

R. S. 1964, c. 133, s. 34; 1972, c. 54, s. 32; 1977, c. 5, s. 14.

DIVISION IV MAINTENANCE AND REPAIR OF ROADS AND BRIDGES

§ 1 . — General provisions

28. Work necessary for the maintenance and repair of provincial highways, regional highways, improved roads or bridges means:

(1)  Any work necessary to keep the roadway in such a state that a vehicle in a proper condition may, conforming to laws and by-laws, circulate thereon without such vehicle being damaged by striking against such roadway, at any time, save during the season of winter roads and at such times as the Minister of Transport may prohibit traffic owing to thaw;

(2)  The repair of holes and ruts; the oiling, tarring and relaying of macadams; regravelling; the renewal in general of the upper layer of roadways;

(3)  The maintenance and repair of shoulders;

(4)  The cleaning of ditches, only in so much as is necessary for the draining of the roadway; but not the removal of snow or ice during the season of winter roads;

(5)  The maintenance and repair of railings; the establishing, maintenance and repair of guide-posts and danger-signals;

(6)  The repair of the embankments and walls supporting the roadway.

Damages to the tires or springs of a vehicle shall not be considered as being due to any lack of maintenance or repair of the highway, road or bridge where such damages occurred.

The presence on the roadway of a road or bridge of a stone, of a piece of wood, or of any other object fallen from a vehicle in movement or detached from such bridge or the shoulders of such road shall not be imputable to any fault in the maintenance or repair of the roadway, except, however, in the case of fault or negligence on the part of the employees of the Ministère des Transports charged with the maintenance of the said road.

Damage caused by a stone or other object hurled by the tires of a vehicle in movement shall not be imputable to any fault in the maintenance or repair of the road or bridge.

R. S. 1964, c. 133, s. 35; 1966-67, c. 48, s. 13; 1972, c. 54, s. 32; 1977, c. 5, s. 14.

29. The Minister of Transport may plant, preserve, trim or fell trees along a road which he maintains, and, with the permission of the owner of the land, upon any land contiguous to such road.

R. S. 1964, c. 133, s. 36; 1972, c. 54, s. 32.

30. When the trunk or branches of a tree growing on land contiguous to a road which the Minister of Transport maintains interfere with traffic, or when their bad condition causes fear of their falling on the public road, and the owner of the tree refuses or neglects to fell the tree or cut such branches, or, in the case of trees planted by the Minister of Transport, refuses permission to go on his land, the Minister of Forests may, at the request of the Minister of Transport, after having given the owner of the land at least fifteen days’ notice, authorize the person named by him in an order signed by him to go on the land and to fell the tree or cut the branches, as the case may be.

Such order shall fix at the same time the compensation, if there be occasion therefor, to be paid to the owner.

R. S. 1964, c. 133, s. 37; 1972, c. 54, s. 32; 1973, c. 38, s. 105; 1979, c. 81, s. 20; 1990, c. 64, s. 24.

31. When a tree or a branch of a tree is blown over onto a road or is broken or threatens to fall on the road, anyone appointed to look after the maintenance of the road may cut and remove it.

R. S. 1964, c. 133, s. 38.

32. The Minister of Transport may enter into agreements with any person who maintains wires on poles along the roads with respect to the maintenance, trimming, removal and replacing of trees growing near such poles and wires.

Whenever the Minister of Transport cannot agree with such person as to the contribution payable by the latter, the Expropriation Division of the Court of Québec may, at his request, determine such contribution.

R. S. 1964, c. 133, s. 39; 1972, c. 54, s. 32; 1973, c. 38, s. 106; 1986, c. 61, s. 66; 1988, c. 21, s. 66.

§ 2 . — Maintenance and Repair of Provincial and Regional Highways and improved Roads

33. The following highways, subject to the changes and alterations which may be made to them under section 34, are declared to be “provincial highways”, to wit:

The Montréal-Québec highway;

The Edward VII Highway connecting Montréal and Rouse’s Point;

The Sherbrooke-Derby Line highway;

The President Kennedy Highway connecting Levis and Jackman;

The Chambly road;

The Trois-Rivières-Grand’Mère highway.

R. S. 1964, c. 133, s. 40.

34. The Minister of Transport may:

(1)  Determine what roads shall form part of a provincial highway;

(2)  Add new roads to a provincial highway, to complete or extend it or to change its course;

(3)  Decide that certain roads, or parts of roads, shall no longer form part of a provincial highway.

R. S. 1964, c. 133, s. 41; 1972, c. 54, s. 32.

35. The expression “regional highway” means a road classified in the past as a regional highway by notice of the Minister of Transport or by an order of the Government, and every road which the Minister of Transport may classify as a regional highway under section 36.

R. S. 1964, c. 133, s. 42; 1972, c. 54, s. 32.

36. The Minister of Transport may:

(1)  Determine what roads shall form part of a regional highway;

(2)  Add new roads to a regional highway to complete or extend it or change its course;

(3)  Decide that certain roads or parts of roads shall not form part of a regional highway.

R. S. 1964, c. 133, s. 43; 1972, c. 54, s. 32. .

37. The expression “improved road” means a road which has been improved in the manner explained in section 23.

R. S. 1964, c. 133, s. 44.

38. The expression “road which the Minister of Transport maintains” means a road forming part of a provincial highway or of a regional highway and every improved road the necessary work of maintenance and repair whereof is done by the Minister of Transport at the expense of Québec.

R. S. 1964, c. 133, s. 45; 1972, c. 54, s. 32.

39. The Minister of Transport may cause to be carried out, as he deems proper, the necessary work for the maintenance and repair of provincial highways and regional highways.

Such work shall be at the charge and expenses of Québec.

R. S. 1964, c. 133, s. 46; 1972, c. 54, s. 32.

40. The Minister of Transport may cause a road which he maintains to be delimited and bounded. The Attorney General representing Her Majesty in the rights of Québec may, for such object, bring actions of boundary and exercise all the rights of the municipal corporation owning the road.

He may likewise, with regard to a road which is maintained by the Minister of Transport, take all suits that a proprietor may take.

R. S. 1964, c. 133, s. 47; 1972, c. 54, s. 32.

41. The Minister of Transport may widen or alter the course of any road which he maintains and he may acquire the land necessary for such purpose.

R. S. 1964, c. 133, s. 48; 1972, c. 54, s. 32.

42. No municipal corporation owning a road which the Minister of Transport maintains shall, without the permission of the Minister of Transport, be entitled to close, abolish or dispose of such road or allow any encroachment thereon.

R. S. 1964, c. 133, s. 49; 1972, c. 54, s. 32.

43. No municipal corporation shall, without previously obtaining the permission of the Minister of Transport, make a sidewalk, watercourse, aqueduct, drain or any other work whatsoever in a road which the Minister of Transport maintains.

The General Superintendent of Maintenance and Repair of Roads may, without any formality, fill up, in a road which the Minister of Transport maintains, any excavation which is not authorized by the Minister of Transport and may demolish any work done without such authorization.

R. S. 1964, c. 133, s. 50; 1972, c. 54, s. 32.

44. If it be necessary, in order to have access to any land, to pass over the ditch of a road which the Minister of Transport maintains, the Expropriation Division of the Court of Québec, upon the application of the Minister of Transport or of the owner or occupant of such land, whenever the General Superintendent of Maintenance and Repair of Roads cannot come to an agreement with such owner or occupant, shall decide in what manner the necessary work shall be done to allow of such access and by whom the expense of construction and maintenance of such work shall be borne.

R. S. 1964, c. 133, s. 51; 1972, c. 54, s. 32; 1973, c. 38, s. 107; 1986, c. 61, s. 66; 1988, c. 21, s. 66.

45. The Expropriation Division of the Court of Québec may, upon the application of a municipal corporation or of any interested party, after having heard the Minister of Transport, decide by whom, and in what manner and at whose cost, the work of laying, repairing or maintaining a conduit under a road which the Minister of Transport maintains shall be done.

In all cases the person authorized to maintain a conduit under a road which the Minister of Transport maintains shall be responsible for any damages caused to such road by the use of such conduit and shall repair the same at his own cost.

R. S. 1964, c. 133, s. 52; 1972, c. 54, s. 32; 1973, c. 38, s. 108; 1986, c. 61, s. 66; 1988, c. 21, s. 66.

46. Whenever, for the benefit of certain lands, it is necessary to make or to maintain a watercourse into which also run the waters of a road which the Minister of Transport maintains, and the General Superintendent of Maintenance and Repair of Roads cannot come to an agreement with the persons interested in such watercourse, the Expropriation Division of the Court of Québec may, upon the application of the Minister of Transport, of a municipal corporation or of any person interested in such watercourse, determine in what manner the work shall be done and by whom the cost shall be borne.

The Division may, in such case, allow the summoning of the parties interested in the watercourse to be made collectively by means of a notice in French and in English posted up in two public places of the locality where the watercourse is situated.

R. S. 1964, c. 133, s. 53; 1972, c. 54, s. 32; 1973, c. 38, s. 109; 1986, c. 61, s. 66; 1988, c. 21, s. 66.

47. Every municipal corporation shall be bound to keep in good order any improved road under its jurisdiction, and to perform all the necessary maintenance and repair work thereon.

R. S. 1964, c. 133, s. 54.

48. On the report of the General Superintendent of Maintenance and Repair of Roads to the effect that a municipal corporation neglects to maintain an improved road or to make such repairs as are required thereon, the Minister of Transport shall give a notice to such corporation, under his signature, or that of the Deputy Minister of Transport, or that of the General Superintendent of Maintenance and Repair of Roads, ordering such corporation to perform the maintenance and repair work which he prescribes, and determining the delay within which such work shall begin.

R. S. 1964, c. 133, s. 55; 1972, c. 54, s. 32.

49. If, within fifteen days following the date of mailing of the notice in an envelope addressed to the interested corporation, such corporation has not taken the necessary steps to conform to the injunctions contained in such notice or has not made the arrangement authorized by section 52, the Minister of Transport shall cause the maintenance and repair work which he deems necessary to be made at the expense of the corporation interested.

R. S. 1964, c. 133, s. 56; 1972, c. 54, s. 32.

50. The Minister of Transport shall determine the cost of the work which he has performed under section 49, in a certificate which he shall transmit to the Minister of Finance.

R. S. 1964, c. 133, s. 57; 1972, c. 54, s. 32.

51. Any municipal corporation may pass a by-law or resolution requesting the Minister of Transport to have its improved roads, or a portion thereof, maintained and repaired by the General Superintendent of Maintenance and Repair of Roads.

R. S. 1964, c. 133, s. 58; 1972, c. 54, s. 32.

52. (1)  The Minister of Transport may agree to maintain and repair entirely at the expense of Québec, in whole or in part, the improved roads mentioned in the by-law or resolution. He may, in the case of a city or town corporation, determine the conditions to be fulfilled by the corporation.

(2)  When the Minister of Transport, in the case of a city or town corporation of a population of over five thousand, imposes conditions and requires the payment of a contribution, the arrangements made between the Minister of Transport and the corporation shall be set forth in a contract signed by the representatives of the corporation designated in the by-law or resolution and by the Minister of Transport, or the Deputy Minister of Transport, or the General Superintendent of Maintenance and Repair of Roads.

(3)  Contracts signed up to April 1st, 1927, by the Minister of Transport and municipal corporations, other than city or town corporations whose population exceeds five thousand, shall oblige the Minister of Transport to have the necessary work done for the maintenance and repair of the roads therein described, at the expense of Québec; but such corporations shall be discharged from the obligation of paying the annual contribution stipulated in such contracts for the year 1927 and subsequent years.

(4)  The Minister of Transport may, by a notice published by him in the Gazette officielle du Québec, cease to maintain and repair a road improved at the expense of Québec.

R. S. 1964, c. 133, s. 59; 1972, c. 54, s. 32.

53. No by-law or resolution passed under section 51 shall be amended by the council which has passed it, when a contract authorized by such by-law or resolution has been signed under section 52, save with the consent of the Minister of Transport.

R. S. 1964, c. 133, s. 60; 1972, c. 54, s. 32.

54. The General Superintendent of Maintenance and Repair of Roads shall maintain and repair such roads as formed the object of the arrangements authorized by section 52, and the Minister of Transport shall transmit to the Minister of Finance a certificate, establishing that the work agreed upon has been performed and determining the amount of the contribution exigible from the corporation according to the contract.

R. S. 1964, c. 133, s. 61; 1972, c. 54, s. 32.

55. Whatever persons are bound, under any by-law or act, to perform any road work mentioned in the preceding sections, all sums or contributions recoverable under said sections shall be exigible from the corporation controlling such roads.

R. S. 1964, c. 133, s. 62.

56. A certificate issued by the Minister of Transport, under section 50 or 54, and signed by him or by the Deputy Minister, shall be final and shall establish beyond dispute the exigibility of the debt or contribution from the corporation designated. Such debt or contribution shall be recoverable by the Crown by ordinary suit.

R. S. 1964, c. 133, s. 63; 1972, c. 54, s. 32.

57. As soon as the Minister of Finance has signified to him the amount due by a municipal corporation in virtue of a certificate issued by the Minister of Transport, under section 50 or 54, the secretary-treasurer or clerk of such corporation shall forthwith, in conformity with the provisions of the Municipal Code (chapter C-27.1) or of the act governing such corporation, prepare a special collection roll and levy the amount claimed, either on the whole municipality or only on the properties the owners of which are bound to maintain the road on which the work has been performed, according as the road by-laws in force in the municipality may require.

R. S. 1964, c. 133, s. 64; 1972, c. 54, s. 32.

58. When the Minister of Transport has declared that an improved road or a road forming part of a provincial highway or of a regional highway shall no longer be maintained at the expense of Québec, the maintenance of such road shall be borne by the municipal corporation to which it belongs.

R. S. 1964, c. 133, s. 65; 1972, c. 54, s. 32.

§ 3 . — Maintenance of Winter Roads

59. The maintenance of winter roads on a road which the Minister of Transport maintains shall, as on any other municipal road, be under the control of the municipal corporation to which such road belongs, and be in charge either of such municipal corporation or of the persons designated by the same, in conformity with the Municipal Code (chapter C-27.1) or the special legislative provisions governing such corporation.

Those who maintain such winter roads shall take the necessary measures to prevent the water from deteriorating the roadway, and shall make trenches in the snow or ice, or all other works which shall be necessary to prevent floods and to facilitate the draining of the waters.

At the end of the winter, as soon as driving in winter vehicles becomes difficult and it is time to use summer vehicles, they shall remove the snow and ice from the middle on the road on a width of 3 m and down to 15 cm from the surface of the paving.

The Minister of Transport may, by notices sent by him to the municipal councils, determine each year the date upon which the work of snow and ice removal shall be done for the purpose of resuming the use of summer vehicles.

R. S. 1964, c. 133, s. 66; 1972, c. 54, s. 32; 1984, c. 47, s. 213.

60. Balizes shall not be planted on the paved portion of a provincial highway, a regional highway or an improved road.

Any person planting balizes contrary to such prohibition shall be liable to a fine of not more than $1 for each balize so planted, and may be condemned also to pay the damages which he has caused.

R. S. 1964, c. 133, s. 67.

61. Notwithstanding the provisions of section 59, the Government may decree the maintenance during the winter of the roads which it may designate, to permit the circulation thereon of motor vehicles.

For such purpose, it may authorize the Minister of Transport to make, upon the conditions fixed by the Government, agreements with the municipal corporation and third parties interested in the maintenance of such roads.

The maintenance work shall be executed under the supervision, control and authority of the Minister of Transport.

R. S. 1964, c. 133, s. 68; 1972, c. 54, s. 32.

62. The Government may authorize the Minister of Transport to place snow guards along the roads so maintained and on the adjacent lands, but at such appropriate places and in such manner as to cause no damage and to avoid, as much as possible, any annoyance to the owners or occupants of such lands.

In no case may a snow guard be placed in front of houses or other buildings nor in front of the court-yards, passages or roads affording outlet from such lands.

The Minister of Transport may delegate such powers to the municipal corporations or other persons so maintaining the road.

R. S. 1964, c. 133, s. 69; 1972, c. 54, s. 32.

63. Every municipal corporation interested in the maintenance of a winter road may, by resolution, notwithstanding any provisions to the contrary of any general law or special act, enter into agreements respecting same with the Minister of Transport and grant a contribution in money for the maintenance of such road.

R. S. 1964, c. 133, s. 70; 1972, c. 54, s. 32.

DIVISION V EARTH ROADS AND BRIDGES

64. The Minister of Transport may grant subsidies for the building, maintenance and repair of earth roads and of bridges. He shall determine the conditions which must be fulfilled for the obtaining of such subsidies.

The subsidized work shall be performed under his direction and in conformity with his instructions.

The amount of each subsidy shall be determined by the Minister of Transport before the subsidized work may be performed.

R. S. 1964, c. 133, s. 71; 1972, c. 54, s. 32.

DIVISION VI ABOLITION OF LEVEL CROSSINGS

65. The Government may authorize the Minister of Transport to carry out such works and take such measures as he may deem appropriate,

(a)  To protect the public at level crossings;

(b)  To abolish or avoid level crossings.

It may also authorize the Minister of Transport to make with governments, public organizations and bodies, corporations, societies and persons, such agreements as he deems expedient for the carrying out of this section.

R. S. 1964, c. 133, s. 72; 1972, c. 54, s. 32.

66. All orders-in-council passed under section 65 shall be deposited immediately after they are passed, if the Legislature is then in session, and otherwise within the first fifteen days of the next session after they are passed.

R. S. 1964, c. 133, s. 73.

DIVISION VII PAYMENT OF EXPENSES OF CONSTRUCTION, MAINTENANCE AND REPAIR OF ROADS

67. The sums required for the work done under Division II (sections 5 to 22) shall be paid by the Minister of Finance, on a certificate from the Minister of Transport or from the Deputy Minister of Transport.

R. S. 1964, c. 133, s. 74; 1972, c. 54, s. 32.

68. The sums awarded for expropriated lands or for damages caused, as well as the costs when they are adjuged against the Minister of Transport, shall be paid out of the monies set apart for the highways or roads with respect to which the claim arose.

R. S. 1964, c. 133, s. 75; 1972, c. 54, s. 32.

69. The Government may also authorize the Minister of Transport to arrange with the Government of Canada, or any of its authorized members, as to the way any subsidy, which may be granted by the Parliament of Canada for the improvement of roads, shall be applied for the purposes of this act, in whole or in part.

R. S. 1964, c. 133, s. 76; 1972, c. 54, s. 32.

DIVISION VIII MAIN COMMUNICATION ROADS

70. When the Minister of Transport considers that any road, owing to the agricultural or industrial interests of the region through which it runs or to the traffic and number of vehicles passing over it, is a main communication road, he may, by conforming to the provisions of this division, either order whatever may be necessary to be done for making, repairing, improving or maintaining the same, or have what he has ordered done at the expense of the municipal corporation interested.

R. S. 1964, c. 133, s. 77; 1972, c. 54, s. 32.

71. After obtaining information regarding the importance of such road and the means to be taken for making, repairing, improving or maintaining the same, the Minister of Transport may decide in what manner and with what materials the work shall be done, and communicate his decision to the municipal corporation having control of the road, by a notice, sent in a registered or certified envelope addressed to the mayor of such corporation, or to the warden in the case of a county road not at the charge of the local corporation where it is situated.

At the same time, the Minister shall state the estimated cost of the work ordered by him, and the delay within which the same must be begun and finished.

If the Minister orders a road or certain parts of such road to be widened or its course altered, he shall give, with the notice, the description of the land that must be acquired.

R. S. 1964, c. 133, s. 78; 1972, c. 54, s. 32; 1975, c. 83, s. 84.

72. The municipal corporation having jurisdiction over the road requiring widening or alteration of course has power to acquire by expropriation land the Minister of Transport orders acquired; in such case, the restrictions to the expropriation powers of county or rural corporations, enacted by article 1100 of the Municipal Code (chapter C-27.1), do not apply.

R. S. 1964, c. 133, s. 79; 1972, c. 54, s. 32; 1973, c. 38, s. 110.

73. On receipt of the notice mentioned in section 71, it shall be the duty of the person receiving it to at once call a special meeting of the municipal council, whereof he is the head, at the nearest possible date, to take the Minister’s communication under consideration, unless a general meeting is to be sooner held.

R. S. 1964, c. 133, s. 80.

74. Within the seven days following the special or general meeting, as the case may be, it shall be the duty of the secretary-treasurer or clerk of the corporation to send a certified copy of the resolution, passed by the council at the said meeting, to the Minister of Transport in a registered or certified envelope.

R. S. 1964, c. 133, s. 81; 1972, c. 54, s. 32; 1975, c. 83, s. 84.

75. If the corporation decides to itself do the works ordered by the Minister, the resolution must mention the date they will be begun; this resolution shall be the only formality required for ordering the performance of the said works, notwithstanding the existence of any by-law respecting the improvement or maintenance of the road.

When the Minister has recommended that land be acquired, if the corporation is governed by the provisions of the Municipal Code (chapter C-27.1), the resolution must fix the date at which expropriation proceedings shall begin.

R. S. 1964, c. 133, s. 82; 1973, c. 38, s. 111.

76. If the date chosen by the council for beginning the work or the proceedings in expropriation is deemed too remote, or if the resolution is not sent within the delay specified in the notice, or if the corporation, after deciding to do the prescribed work and to acquire the necessary land itself, neglects to begin on the date fixed, or, having begun the work or proceedings, does not continue the same with sufficient diligence, or, again, if the Minister of Transport is requested by the resolution to have the work done or the necessary land acquired himself, he may, without further notice and notwithstanding the existence of any municipal by-law respecting the improvement or maintenance of the road, take all necessary measures for having the work done at the expense of the corporation controlling the same, and for acquiring the land needed for the widening or alteration of course ordered by him.

R. S. 1964, c. 133, s. 83; 1972, c. 54, s. 32.

77. The cost of the work which the Minister of Transport causes to be done under section 76, as well as the purchase price of the land acquired, may be recovered, by the Minister of Finance, from the corporation controlling the road, by an ordinary action taken in his name, as soon as the Minister of Transport informs him of the amount.

The certificate of the Minister of Transport shall be final, and shall establish beyond dispute the exigibility of the debt from the corporation designated.

R. S. 1964, c. 133, s. 84; 1972, c. 54, s. 32.

78. As soon as the Minister of Finance has notified any corporation of the amount due by such corporation for work done or for land acquired by the Minister of Transport under section 76, the secretary-treasurer of such corporation must at once, on complying with the provisions of the Municipal Code (chapter C-27.1), or of the charter governing the corporation, as the case may be, draw up a special collection roll and levy the amount claimed upon the whole municipality. Nevertheless, if the work has been done on a local front road not at the charge of the corporation, the council may order the secretary-treasurer to levy the amount claimed only upon the taxable immoveables of the range where such front road lies.

R. S. 1964, c. 133, s. 85; 1972, c. 54, s. 32.

79. When the work has been done on a county road, the county council or the board of delegates of the county, as the case may be, may declare by by-law what local corporations are bound to pay for the work done and land acquired, and also the proportion to be contributed by each one; in such case, the secretary-treasurer of the county council shall collect the amount claimed, in accordance with the said by-law.

R. S. 1964, c. 133, s. 86.

80. When the corporation itself does the work ordered under the authority of this division, it must keep a separate account for the same, in the manner indicated by the Minister of Transport, and send it to the latter before the 8th of February of the year following that in which the work was done.

R. S. 1964, c. 133, s. 87; 1972, c. 54, s. 32.

81. The amounts paid by a corporation for work ordered or done by the Minister of Transport under this act may be counted for obtaining the subsidies the payment whereof is authorized by sections 24 to 27 of this act.

R. S. 1964, c. 133, s. 88; 1972, c. 54, s. 32.

82. Any municipal council may, with the approval of the Minister of Transport, contribute by paying money, either to the municipal corporation which is having the work done, or to the Minister of Finance, for making, repairing, improving and maintaining a main communication road, whether such road is situate within or without the limits of the territory governed by it.

Any resolution passed by a municipal corporation promising such contribution shall be valid and binding so soon as it is approved by the Government on the recommendation of the Minister of Transport.

R. S. 1964, c. 133, s. 89; 1972, c. 54, s. 32.

83. The land acquired by the Minister of Transport under this division shall become the property of the municipal corporation having jurisdiction over the improved road, when the work ordered has been done.

R. S. 1964, c. 133, s. 90; 1972, c. 54, s. 32.

DIVISION IX ACQUISITION OF CERTAIN PROPERTIES

84. The Gouvernement du Québec, represented by the Minister of Transport, may acquire, by agreement or expropriation:

(1)  Land containing sand, gravel or stone required for work on roads built or improved, wholly or in part, at the cost of Québec, or that the Minister of Transport causes to be built or improved at the cost of municipalities;

(2)  Temporary servitudes of right of way over land lying between such roads and the neighbouring rivers or watercourses, or the places where such sand, gravel or stone is taken out.

R. S. 1964, c. 133, s. 91; 1972, c. 54, s. 32; 1977, c. 5, s. 14.

85. The Government, represented by the Minister of Transport, may lease or acquire by agreement or expropriation any land or other immovable property in order to place materials there and work same, to store vehicles, machines, implements and tools and repair them, to install scales and have offices, and generally for all purposes in connection with the carrying out of this Act.

R. S. 1964, c. 133, s. 93; 1972, c. 54, s. 32; 1977, c. 5, s. 14; 1984, c. 23, s. 32.

86. It may lease, sell or otherwise dispose of such lands or other immoveable property.

R. S. 1964, c. 133, s. 94.

DIVISION X RESPONSIBILITY OF MUNICIPAL CORPORATIONS AND OF THE GOVERNMENT

87. The municipal corporation, owner of a road or bridge which the Minister of Transport maintains or upon which he does construction or improvement work, shall not be responsible for damages due to the fault of employees of the Minister of Transport, committed in the discharge of their duties, nor to any default in the fulfilment of the obligations imposed on Québec or undertaken by the Minister of Transport under any provision of this act. Such corporation shall retain its rights and control over such road or bridge subject to the restrictions created by this act and it shall continue to have, with regard to such roads, all obligations toward the public which the law imposes upon it, save those which are removed by this act.

R. S. 1964, c. 133, s. 95; 1966-67, c. 48, s. 14; 1972, c. 54, s. 32.

88. Whenever, through the carrying out of this Act, any one claims to have suffered damage to his immoveable property for which the Ministère des Transports would be responsible, but arising from some other cause than expropriation, and puts forward claims in that respect, the Minister of Transport, failing an agreement with such person, shall submit or the interested party himself shall submit such claims to the Expropriation Division of the Court of Québec, which shall hear them and give its decision in the same manner as for any other matter within its competence.

R. S. 1964, c. 133, s. 96; 1972, c. 54, s. 32; 1973, c. 38, s. 113; 1977, c. 5, s. 14; 1986, c. 61, s. 66; 1988, c. 21, s. 66.

89. The Minister of Transport shall not be liable for the following damages:

(a)  Any damage caused by the fault of a builder or contractor of a road or bridge during the execution of the construction or improvement work entrusted by the Minister of Transport to such builder or contractor;

(b)  Any loss or lessening of trade, any depreciation in value of a property and any other inconvenience occasioned by changing the course of a road by the construction or reconstruction of a bridge or by the elimination of a level-crossing.

R. S. 1964, c. 133, s. 97; 1966-67, c. 48, s. 15; 1972, c. 54, s. 32; 1973, c. 38, s. 114.

DIVISION XI OWNERSHIP OF ROADS BUILT OR REBUILT BY THE GOVERNMENT

90. Subject to the provisions of Division XII, all roads or bridges or other necessary works built or rebuilt by the Government under this act are, shall remain or shall become the property of the municipalities within which they are situated.

R. S. 1964, c. 133, s. 98; 1966-67, c. 48, s. 16; 1977, c. 5, s. 14.

90.1. Section 90 does not apply

(1)  to autoroutes administered by the Office des autoroutes du Québec before 1 January 1983 and which remain the property of the Government;

(2)  to a road declared to be an “autoroute” by order of the Government.

1982, c. 49, s. 6.

90.2. The Government may, by order, declare that a road is an autoroute.

The road then becomes, without indemnity, the property of the Government from the publication of the order in the Gazette officielle du Québec.

1982, c. 49, s. 6.

90.3. For the purposes of sections 90.1 and 90.2, the word “autoroute” means a limited access rapid transit highway and includes not only the works necessary for an autoroute but also other works and bridges.

1982, c. 49, s. 6.

DIVISION XII CERTAIN BRIDGES

91. Free bridges, exempt from tolls, built wholly or partly by the Government in a local municipality, shall be at the charge of such municipality.

When such bridges connect two municipalities in the same county, they shall be at the charge of the county municipality; if they connect two different counties, they shall be at the charge of the two county municipalities.

1966-67, c. 48, s. 17; 1977, c. 5, s. 14.

92. The roads leading to such bridges shall be at the charge of the local municipalities in which they are situated even if the Government has wholly or partly built them.

1966-67, c. 48, s. 17; 1977, c. 5, s. 14.

93. The Minister may, at any time, order the execution of the works which he deems necessary for the maintenance, repair, alteration, changing, displacing and rebuilding of any municipal bridge as well as the roads leading to such bridge; and, if the works so ordered be not executed by the proper municipality or municipalities within the time prescribed by the Minister, the latter may, if he deems it advisable, have the same executed and exact payment therefor by ordinary suit in his own name.

1966-67, c. 48, s. 17.

94. Sections 91 and 92 shall apply to all bridges of metal, wood, concrete or other material, built wholly or partly by the Government.

1966-67, c. 48, s. 17; 1977, c. 5, s. 14.

95. Nothing in this division shall relieve railway companies from the obligation of maintaining certain bridges under their charge; nor shall anything in this division be interpreted as imposing the cost of the works of maintenance and repair of bridges or roads upon any persons, other than those who may be bound thereto, in virtue of procès-verbaux, by-laws or deeds of agreement in force on the subject.

1966-67, c. 48, s. 17.

96. The Government may declare to be a provincial bridge at the charge of Québec every permanent bridge built wholly by the Government.

1966-67, c. 48, s. 17; 1977, c. 5, s. 14.

DIVISION XIII PROTECTION OF ROADS BUILT OR REBUILT BY THE GOVERNMENT

97. Whenever a road which the Minister of Transport maintains is exposed to be deteriorated or damaged by reason of the bad conditions of a line ditch or of a watercourse, the Minister of Transport may notify the persons interested in such ditch or watercourse, or the municipal corporation having jurisdiction, to dig, repair or clean the same.

If the required work is not done within fifteen days after the notice, the Minister of Transport may cause it to be done, and the Attorney General, representing Her Majesty in the rights of Québec, may recover the cost thereof, either from the persons interested or from the municipal corporation having jurisdiction, by ordinary suit.

R. S. 1964, c. 133, s. 99; 1972, c. 54, s. 32.

98. The court before which the action is brought may, upon the plea of the person sued or upon the intervention of a person interested in the ditch or watercourse, whenever a municipal corporation is being sued, deduct from the cost of the work the proportion which is attributable exclusively to the requirements of the road.

R. S. 1964, c. 133, s. 100.

99. A municipal corporation which is obliged to pay for the cost of the work done by the Minister of Transport under section 97 may recover, from the persons interested in the line ditch or watercourse dug, repaired or cleaned, the sums claimed by the Minister or which it has paid him, in the same manner as if the work had been done under its direction.

R. S. 1964, c. 133, s. 101; 1972, c. 54, s. 32.

100. The Minister of Transport may, at any time, enter into an agreement with any person interested in a ditch or watercourse, or with a municipal corporation, for determining the proportion attributable to the requirements of a road which he maintains and for deciding how and by whom the maintenance and repair work on a ditch or watercourse is to be done and paid for.

R. S. 1964, c. 133, s. 102; 1972, c. 54, s. 32.

101. If a person travelling on a road which the Minister of Transport maintains or on a bridge built with Government assistance infringes any law and injures such highway, road or bridge or causes damage thereto, he may be adjudged, upon suit brought by the Attorney General, to pay for the damage so caused.

R. S. 1964, c. 133, s. 103; 1972, c. 54, s. 32.

DIVISION XIV REGULATIONS BY THE GOVERNMENT

102. The Government may make regulations fixing the way in which interest or contributions exigible from municipalities shall be paid, and, in general, all regulations or forms of by-laws and resolutions, reports or other forms which it thinks necessary to carry out the provisions of this act.

R. S. 1964, c. 133, s. 105.

DIVISION XV TOLLS

1982, c. 49, s. 7.

103. The Minister of Transport may establish tollgates on any autoroute within the meaning of section 90.1.

For that purpose, he may acquire, by agreement or expropriation, the immoveables and the real rights situated outside the right of way of the autoroute.

1982, c. 49, s. 7.

104. The amounts collected at the tollgates are paid into the consolidated revenue fund.

1982, c. 49, s. 7.

105. The Government may, by regulation,

(1)  fix the tolls for the use of an autoroute, according to the categories of vehicles that it determines or according to the number of persons carried per vehicle;

(2)  exempt a category of vehicles, certain vehicles of a category or the vehicles carrying such number of persons as it may fix from the application of the tolls.

1982, c. 49, s. 7.

106. A regulation made under section 105 comes into force on the day of its publication in the Gazette officielle du Québec or on any later date determined therein.

1982, c. 49, s. 7.

DIVISION XVI FINAL PROVISIONS

1982, c. 49, s. 7.

107. The provisions of this Act applicable to a highway or a road apply, mutatismutandis, to an autoroute.

1982, c. 49, s. 7.

108. Roadside rest areas and tollgates are accessory works of a road or highway and they are subject to this Act.

1982, c. 49, s. 7.

109. (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 133 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter V-8 of the Revised Statutes.