A-2.001 - Act respecting the acceleration of certain infrastructure projects

Section 18 Disposition versions

2023-12-29

18. The Act respecting expropriation (chapter E-25) applies to every expropriation allowed by section 16, subject to the following modifications:

(1)  the expropriation need not be decided or, as applicable, authorized by the Government under the first paragraph of section 4 of that Act; and

(2)  despite section 42 of that Act, the divested party may not apply to remain in possession of the expropriated immovable.

The minister responsible for transport may designate any staff member of the minister’s department to sign the notice of transfer of right and the notice of intention to register a notice of transfer provided for in section 38 of the Act respecting expropriation.

2020, c. 27, s. 18; 2023, c. 27, s. 179.

2020-12-11

18. The Expropriation Act (chapter E-24) applies to every expropriation allowed by section 16, subject to the following modifications:

(1)  the expropriation need not be decided or, as applicable, authorized by the Government under the first paragraph of section 36 of that Act;

(2)  the notice of expropriation

(a)  must specify the date before which the expropriated party, lessee or occupant in good faith must vacate the premises; and

(b)  must contain a notification specifying that the expropriated party must send the expropriating party, within 60 days after service of the notice of expropriation, documents justifying the indemnity for the injury directly caused by the expropriation;

(c)  must notify the expropriated party that the Administrative Tribunal of Québec will set the amount of the final indemnity; but

(d)  must not include the notification required under subparagraph 3 of the first paragraph of section 40 of that Act specifying that the expropriated party has 30 days to contest the right to expropriate before the Superior Court;

(3)  the expropriating party’s right to expropriate may not be contested and, as a result, sections 44 to 44.3 of that Act do not apply;

(4)  the notification required under section 45 of that Act must indicate to the lessee or occupant in good faith

(a)  the date before which they must vacate the premises;

(b)  that they must send the expropriating party, within 60 days after service of the notice of expropriation, documents justifying the indemnity for the injury caused by the expropriation; and

(c)  that the Administrative Tribunal of Québec will set the amount of the final indemnity;

(5)  the 30-day period provided for in section 46 of that Act is replaced by a 60-day period and begins on the date of service of the notice of expropriation;

(6)  the notice of transfer of title referred to in section 53.3 of that Act need not reproduce the text set out in paragraphs 3 to 5 of Schedule II to that Act, and the date referred to in that section, before which the expropriated party, lessee or occupant in good faith must vacate the premises, need not be at least 15 days after the date of registration of the notice;

(7)  the provisional indemnity, in the cases referred to in section 53.13 of that Act, is set by the minister and includes the indemnity the minister considers reasonable for the injury directly caused by the expropriation, to the extent that the documents justifying the indemnity were provided within 60 days after service of that notice;

(8)  despite section 53.14 of that Act, the expropriated party, lessee and occupant in good faith may not request to retain possession of the expropriated property; and

(9)  the expropriation indemnity for property is set on the basis of the value of the property and of the injury directly caused by the expropriation on the date of the expropriation, but without taking into account the increased value attributable to the public announcement of the infrastructure project.

For the purposes of subparagraph 6 of the first paragraph, the minister responsible for transport may designate any staff member of the minister’s department to sign the notice.

2020, c. 27, s. 18.