v-9 - Act respecting roads

Updated to 16 December 2005

This document has official status.

chapter V-9

Act respecting roads

CHAPTER I PRELIMINARY PROVISIONS

1. This Act applies to roads which are under the management of the Minister of Transport.

1992, c. 54, s. 1.

2. The Government shall determine, by an order published in the Gazette officielle du Québec, the roads which shall be under the management of the Minister.

Any other road which is not under the responsibility of the Government or a government department or agency shall be managed in accordance with subdivision 22.2 of Division XI of the Cities and Towns Act (chapter C-19), or, as the case may be, Chapter 0.1 of Title XIX of the Municipal Code of Québec (chapter C-27.1).

The Government may, by an order published in the Gazette officielle du Québec, recognize certain bridges as strategic; the management of such bridges is under the responsibility of the Minister.

1992, c. 54, s. 2; 2001, c. 54, s. 1.

3. The Government may, by an order published in the Gazette officielle du Québec, determine that a road which is under the management of the Minister shall, from the date indicated in the order, be managed by a municipality in accordance with subdivision 22.2 of Division XI of the Cities and Towns Act (chapter C-19), or, as the case may be, Chapter 0.1 of Title XIX of the Municipal Code of Québec (chapter C-27.1).

The Government may, by an order published in the Gazette officielle du Québec, determine that a road which is under the management of a municipality shall, from the date indicated in the order, pass under the management of the Minister.

1992, c. 54, s. 3.

4. For the purposes of this Act, a road includes its infrastructure and all the works and installations needed for its improvement and management.

1992, c. 54, s. 4.

5. Except for section 6, the provisions of this Act which apply to roads shall also apply to lookouts, rest areas, service areas, control stations and parking zones situated upon the right of way of a road.

1992, c. 54, s. 5; 1998, c. 35, s. 1.

6. Roads built or rebuilt by the Government under this Act or the Roads Act (chapter V-8) are, shall remain or shall become the property of the local municipalities in whose territories they are situated.

However, the Minister may, in respect of a road which is not his property but which is under his management, perform all the acts and exercise all the rights of an owner; he shall have all the necessary powers for such purposes and shall assume all the related obligations.

1992, c. 54, s. 6.

7. Section 6 does not apply

(1)  to autoroutes that are State property;

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

1992, c. 54, s. 7; 1997, c. 83, s. 39.

8. The Government may, by order, identify the autoroutes of the State. It may, in the same manner, declare that a road is an autoroute.

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

1992, c. 54, s. 8; 1997, c. 83, s. 40.

9. The Government may, by order, establish tolls on the roads it designates.

1992, c. 54, s. 9.

CHAPTER II MANAGEMENT OF ROADS

DIVISION I GENERAL PROVISIONS

10. The Minister shall carry out surveys and works to delimit a course for the construction or alteration of a road. He shall determine the right of way and prepare the plans and specifications of that road.

1992, c. 54, s. 10.

11. The Minister shall submit to the Government, not later than 30 June each year, a road network development plan.

1992, c. 54, s. 11.

DIVISION II ACQUISITION, ALIENATION AND LEASING

12. For the purposes of this Act, the Minister may lease, exchange, or acquire by agreement or by expropriation any property in favour of the domain of the State.

He may, in particular, acquire, by agreement or by expropriation, any property needed to give access to properties isolated from the road, consolidate divided land, allow the removal of constructions or reduce the cost of the right of way of a road.

1992, c. 54, s. 12; 1998, c. 35, s. 2.

13. The Minister may alienate or lease any property no longer required for its intended purpose.

1992, c. 54, s. 13.

DIVISION II.1 SERVITUDE

2005, c. 48, s. 1.

13.1. Any road that is crossed or bordered by an electric power transmission line of a government enterprise or one of its subsidiaries is subject to a servitude affecting the site required by the transmission line, without indemnity and subject to the terms of an agreement between the Minister and the enterprise or the subsidiary.

The servitude stands if the management of the road is devolved to a municipality or if the road is closed. However, the servitude is extinguished with the dismantling of the electric power transmission line.

As soon as an order to entrust the management of the road to a municipality is made by the Government under the first paragraph of section 3, the Minister so informs the enterprise or the subsidiary whose electric power transmission line is subject to the servitude. The enterprise or subsidiary must publish the servitude in the land register by means of a notice which must include the terms of the agreement between the enterprise or subsidiary and the Government. As soon as the servitude is published, it is enforceable against the municipality or any person who later acquires the immovable that comprises the site of the servitude.

2005, c. 48, s. 1.

DIVISION III ROAD WORKS

14. The Minister shall carry out building, rebuilding and maintenance work on roads.

However, he is not bound to maintain sidewalks, traffic lights or other works or installations that are not the property of the Minister, unless otherwise provided for in an agreement with the municipality concerned.

1992, c. 54, s. 14.

15. Where there is no agreement or where the Minister does not do so, local municipalities must maintain their works and installations although they are not bound to clear snow from sidewalks.

1992, c. 54, s. 15.

16. The Minister shall maintain that part of an infrastructure that acts as a bridge for a municipal road which passes over a road which is under the management of the Minister.

However, the municipality concerned remains responsible for the maintenance of the roadway, sidewalks, railings, drainage and lighting of such a bridge.

Municipalities shall also remain responsible for such maintenance in respect of bridges recognized as strategic by the Government under section 2.

1992, c. 54, s. 16; 2001, c. 54, s. 2.

17. The Minister may erect or place snow fences and project snow onto land contiguous to the right of way of a road in such a way as to cause no damage.

1992, c. 54, s. 17.

18. The Minister may, with the permission of the bordering owner, plant and maintain trees on land contiguous to the right of way of a road.

1992, c. 54, s. 18.

19. The Minister may, when taking possession of land contiguous to a road, transmit to the owner of the remaining part a written notice ordering him to remove or move a fence contiguous to the right of way over that land, or, where necessary, erect another fence within the given period of time and as specified by the Minister.

The Minister shall reimburse the owner for any expenses incurred for such work.

If the owner does not comply with the notice of the Minister, the latter shall carry out or cause to be carried out the necessary work.

1992, c. 54, s. 19.

20. The Minister may transmit to the owner of a ditch or watercourse contiguous to the right of way of a road, which is liable to cause damage to that road or which is poorly maintained, a written notice ordering him to carry out the work required within the given period of time and as specified by the Minister.

1992, c. 54, s. 20.

21. The Minister may transmit to the owner of a tree or any other object situated on land contiguous to the right of way of a road, which interferes with traffic by reducing visibility or which is in danger of falling onto the road, a written notice ordering him to carry out remedial work within the given period of time and as specified by the Minister.

1992, c. 54, s. 21.

22. The Minister may prohibit or limit access to a road at the places he determines.

Furthermore, access between two contiguous roads one or both of which are under the management of the Minister is prohibited; access remains prohibited if the management of the road or roads is devolved from the Minister to a municipality or if one of the roads is closed.

The second paragraph does not apply to accesses that exist on 16 December 2005.

1992, c. 54, s. 22; 2005, c. 48, s. 2.

22.1. A servitude prohibiting access to a road, even in respect of a road referred to in the second paragraph of section 2, or a prohibition or limitation of access to a road under section 22, may not be lifted, reduced or rendered inoperative except with the Minister’s consent and on the conditions determined by the Minister.

1998, c. 35, s. 3; 2005, c. 48, s. 3.

23. A person wishing to use land that requires access to a road must, before constructing such access, obtain the authorization of the Minister.

Where the Minister authorizes the construction of such access, he shall determine its location and the requirements of its construction.

Construction work for the access shall be at the expense of the owner who shall also assume responsibility for its maintenance.

1992, c. 54, s. 23.

24. The Minister may transmit to a bordering owner who, in contravention of section 23, has carried out work giving him access to a road, a written notice ordering him to demolish that work within the given period of time and as specified by the Minister.

1992, c. 54, s. 24.

25. If an owner does not comply with a notice under section 20, 21 or 24, the Minister shall carry out or cause to be carried out the necessary work at the owner’s expense.

1992, c. 54, s. 25.

26. Any work carried out for the building, rebuilding, maintenance or filling in of a ditch which is liable to alter the flow of drainage water from a road must be authorized by the Minister and carried out on the conditions he determines.

1992, c. 54, s. 26.

27. The Administrative Tribunal of Québec has jurisdiction for deciding the location and width of access to a road when the bordering owner contests the location or width determined by the Minister under the second paragraph of section 23.

1992, c. 54, s. 27; 1997, c. 43, s. 822; 1998, c. 35, s. 4.

CHAPTER III EXONERATION OF RESPONSIBILITY

28. The Minister is not liable for damage caused through the fault of a builder or contractor to whom building or rebuilding work has been entrusted, for the entire duration of such work.

1992, c. 54, s. 28; 1998, c. 35, s. 5.

29. The Minister is not liable for damage resulting from the absence of a fence between the right of way of a road and contiguous land once the period of time fixed under the first paragraph of section 19 has expired.

1992, c. 54, s. 29.

30. The Minister is not liable for damage caused by the state of the roadway to the tires or suspension system of a motor vehicle.

1992, c. 54, s. 30.

31. The Minister is not liable for damage caused by the presence of an object on the roadway, whether or not the object comes from a motor vehicle or is projected by a motor vehicle.

1992, c. 54, s. 31.

CHAPTER IV AGREEMENTS

32. The Minister may enter into an agreement with a local municipality concerning the carrying out of building, rebuilding or maintenance work on roads under the management of the Minister or of the municipality; the agreement may provide for the apportionment of the cost of the work.

1992, c. 54, s. 32; 1998, c. 35, s. 9; 2005, c. 48, s. 4.

32.1. The Minister may, in accordance with the applicable legislative provisions, enter into an agreement with a native community represented by its band council within the meaning of the Indian Act (R.S.C. 1985, c. I-5) or the Cree-Naskapi (of Québec) Act (S.C. 1984, c. 18), providing for the carrying out, by the native community, of building, rebuilding or maintenance work on a road at the expense of the Government.

2001, c. 54, s. 3.

33. (Repealed).

1992, c. 54, s. 33; 1998, c. 35, s. 10.

34. A local municipality may enter into an agreement under section 32 and, where the agreement so requires, it may carry out work outside its territory.

1992, c. 54, s. 34; 1998, c. 35, s. 11.

35. The Minister may enter into an agreement with a railway company concerning the building, rebuilding, abolition or maintenance of a level crossing situated upon the right of way of a road or a viaduct passing over or under a road.

1992, c. 54, s. 35.

36. The Minister may enter into an agreement with a person supplying telecommunications or power transmission or distribution services concerning the installation and maintenance, upon the right of way of a road, of the equipment and material necessary for supplying such services.

1992, c. 54, s. 36.

CHAPTER V PERMITS

37. No person may construct, upon the right of way of a road, a sidewalk, an aqueduct or sewer network or any other work unless he has obtained the authorization of the Minister.

1992, c. 54, s. 37.

38. No person may encroach upon the right of way of a road or install thereupon telecommunications or power transmission or distribution equipment unless he has obtained the authorization of the Minister.

1992, c. 54, s. 38.

39. The Minister may transmit a written notice to a person who contravenes either of sections 37 and 38 ordering him to remove, within the given period of time, the work constructed or equipment installed without the Minister’s authorization.

If the offender does not comply with the notice of the Minister, the latter may remove the works or equipment and restore the right of way of the road at the expense of the offender.

1992, c. 54, s. 39.

CHAPTER VI SCRAPYARDS

40. For the purposes of this chapter, the word “scrapyard” means a place where scrapped objects are deposited, whether or not such objects are intended to be sold or recycled, and includes a motor vehicle graveyard.

1992, c. 54, s. 40.

41. No scrapyard may be situated within a distance of 150 metres of a road.

However, in the case of a motor vehicle graveyard situated along an autoroute or a connecting highway, the distance shall be determined by regulation of the Government.

1992, c. 54, s. 41.

42. The owner, lessee or occupant of any land used as a scrapyard that is visible from a road must surround it with a fence conforming to the standards prescribed by regulation of the Government.

1992, c. 54, s. 42.

CHAPTER VII REGULATORY PROVISIONS

43. The Government may, by regulation,

(1)  fix tolls which may vary according to the classification of the road or according to the categories of motor vehicles that it determines or the number of persons carried per motor vehicle;

(2)  exempt a category of motor vehicles, certain motor vehicles of a category or the motor vehicles carrying a determined number of persons from the application of the tolls;

(3)  establish the minimum distance at which land may be used as a motor vehicle graveyard along an autoroute or connecting road, which may vary from one autoroute to another or from one section to another of an autoroute or connecting road;

(4)  prescribe the standards of construction and installation of fences surrounding scrapyards that are visible from a road.

1992, c. 54, s. 43.

CHAPTER VIII PENAL PROVISIONS

44. Any owner, lessee or occupant of a scrapyard who contravenes either of sections 41 and 42 is guilty of an offence and liable to a fine of $300 to $600.

1992, c. 54, s. 44.

44.1. Every person who contravenes section 38 by encroaching upon the right of way of a road is liable to a fine of $300 to $600.

1998, c. 35, s. 15.

45. The court which pronounces sentence in relation to an offence under section 41 shall order the scrapped objects forming the subject of the offence removed or destroyed by the offender within a period of eight days from the date of sentence.

If the offender does not comply with the order, the Minister may cause the order to be carried out at the expense of the offender.

1992, c. 54, s. 45.

CHAPTER IX MISCELLANEOUS AND TRANSITIONAL PROVISIONS

46. The Government may, by order, declare that a part of an autoroute which is the property of the State shall become, without indemnity, the property of the local municipality in whose territory it is situated, from the publication of the order in the Gazette officielle du Québec.

1992, c. 54, s. 46.

47. The Minister of Transport may pursue, after 31 March 1993, the acquisition by agreement or by expropriation of immovables with a view to the carrying out of work on a road which, on 1 April 1993, becomes the responsibility of a local municipality.

He may transfer any immovable thus acquired to the local municipality, gratuitously, in order that the work be carried out by the municipality. The costs relating to the transfer shall, however, be borne by the municipality.

1992, c. 54, s. 47; 1998, c. 35, s. 17.

48. Except where the Minister decides otherwise, this Act has precedence over any memorandum of agreement or agreement entered into, before 1 April 1993, by the Minister of Transport and a local municipality under which the Minister or the municipality undertakes to rebuild, build, or maintain a road.

1992, c. 54, s. 48.

49. (Repealed).

1992, c. 54, s. 49; 1998, c. 35, s. 18.

50. The Minister of Transport may, at the request of a municipality, provide technical and administrative support to the municipality for the purpose of facilitating its management of bridges.

1992, c. 54, s. 50; 1998, c. 35, s. 19.

51. From 1 April 1993, the colonization roads maintained by the Minister of Transport and those maintained by municipalities on the same date shall cease to be colonization roads and shall become the property of the local municipalities in whose territories they are situated, except those situated on land in the domain of the State which remain the property of the State under the authority of the Minister of Transport.

1992, c. 54, s. 51; 1999, c. 40, s. 332.

52. From 1 April 1993, the colonization roads which are not maintained by either the Minister or a municipality shall cease to be colonization roads.

If such roads are merely laid out or projected, or if they are not used, the land set aside for them shall revert by law to the land from which it was detached and shall be the responsibility of the owner of that land.

If such roads are used, they shall remain the property of the State, under the authority of the Minister of Transport, and the provisions of the Act respecting the lands in the domain of the State (chapter T-8.1) relating to roads in the domain of the State shall apply to them until they are closed by order of the Minister.

1992, c. 54, s. 52; 1998, c. 35, s. 20; 1999, c. 40, s. 332.

53. From 1 April 1993, each municipality shall assume, in respect of the roads under its managament, the rights and obligations of the Minister of Transport regarding any level crossing or any railway viaduct passing over or under those roads.

1992, c. 54, s. 53.

54. The Minister of Transport may, until 31 March 1994, pursue the management of his program of commercial tourist information signs in respect of roads which become, on 1 April 1993, the responsibility of a municipality.

From 1 April 1994, the municipality shall assume the rights and obligations of the Minister in the administration of that program.

1992, c. 54, s. 54.

55. The Minister of Transport is responsible for the administration of this Act.

1992, c. 54, s. 55.

56. The Colonization Roads Act (chapter C-13) is repealed.

Notwithstanding the first paragraph, a colonization road which, before 1 April 1993, is the subject of a declaration to the effect that it is no longer a colonization road even though the Minister has not transferred ownership thereof may, from that date, be the subject of a total or partial transfer by the Minister, on the conditions he determines.

1992, c. 54, s. 56; 1998, c. 35, s. 21.

57. (Amendment integrated into c. C-19, s. 466).

1992, c. 54, s. 57.

58. (Amendment integrated into c. C-19, subdivision 22.2, ss. 467.15-467.20).

1992, c. 54, s. 58.

59. (Amendment integrated into c. C-19, subdivision 3, ss. 604.1-604.5).

1992, c. 54, s. 59.

60. (Amendment integrated into c. C-24.2, s. 417.1).

1992, c. 54, s. 60.

61. (Amendment integrated into c. C-24.2, s. 509).

1992, c. 54, s. 61.

62. (Amendment integrated into c. C-24.2, s. 626).

1992, c. 54, s. 62.

63. (Amendment integrated into c. C-27.1, chapter 0.1, aa. 711.20-711.25).

1992, c. 54, s. 63.

64. (Amendment integrated into c. C-27.1, aa. 725.1-725.4).

1992, c. 54, s. 64.

65. (Amendment integrated into c. C-27.1, a. 737).

1992, c. 54, s. 65.

66. For the purposes of the first paragraph of section 467.16 of the Cities and Towns Act (chapter C-19), enacted by section 58 of this Act, and the first paragraph of article 711.21 of the Municipal Code of Québec (chapter C-27.1), enacted by section 63 of this Act, a local municipality which, on 31 March 1993, is responsible for the management of a road or part of a road situated outside its territory, otherwise than pursuant to an agreement with the local municipality on whose territory that road or part of road is situated, is deemed to act under such an agreement.

The first paragraph shall cease to apply on 1 April 1994 or on the earlier date on which an agreement entered into by the municipalities concerned, respecting the management of all or part of the road, comes into force.

1992, c. 54, s. 66.

67. (Omitted).

1992, c. 54, s. 67.

68. (Amendment integrated into c. D-7, s. 1).

1992, c. 54, s. 68.

69. (Amendment integrated into c. M-13.1, s. 247).

1992, c. 54, s. 69.

70. (Amendment integrated into c. M-28, s. 3).

1992, c. 54, s. 70.

71. (Amendment integrated into c. M-28, ss. 10.1, 10.2).

1992, c. 54, s. 71.

72. (Amendment integrated into c. P-8, s. 3).

1992, c. 54, s. 72.

73. (Amendment integrated into c. P-41.1, s. 1).

1992, c. 54, s. 73.

74. (Amendment integrated into c. P-44, s. 1).

1992, c. 54, s. 74.

75. (Omitted).

1992, c. 54, s. 75.

76. A regulation made under the Roads Act (chapter V-8), except a regulation fixing tolls, shall remain in force until replaced or repealed by a regulation made under this Act.

1992, c. 54, s. 76.

77. (Omitted).

1992, c. 54, s. 77.

78. In any regulation, order, order in council, contract or agreement, a reference to a provision of the Roads Act (chapter V-8) shall be a reference to the corresponding provision of this Act.

1992, c. 54, s. 78.

79. (Omitted).

1992, c. 54, s. 79.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 54 of the statutes of 1992, in force on 1 September 1993, is repealed, except section 79, effective from the coming into force of chapter V-9 of the Revised Statutes.