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

Section 74 Disposition versions

2020-12-11

74. The expropriating party must serve an information notice on the expropriated party informing them that the modifications to the expropriation procedure provided for in this Act are applicable to them from then on.

Such a notice must also be notified to the lessee or occupant in good faith who was notified as required under section 45 of the Expropriation Act (chapter E-24) before 11 December 2020.

In addition, the notice must specify, as the case may be,

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

(2)  that the expropriated party may, if applicable, apply to the Superior Court, within 90 days of receiving the notice, for the reimbursement of the legal costs related to their contestation of the expropriating party’s right to expropriate, regarding which no final decision was rendered before 11 December 2020; or

(3)  that the expropriated party, lessee or occupant in good faith may, if applicable, apply to the Administrative Tribunal of Québec, within 90 days of receiving the notice, for the reimbursement

(a)  of the expenses that were incurred, between the date of the application to set the provisional indemnity and 11 December 2020, to obtain property or services related to the hearing to set the provisional indemnity regarding which no final decision was rendered before that date and to obtain property or services related to the preparation of that hearing, and that have become unnecessary because the provisional indemnity was set by the minister responsible for transport; and

(b)  of the costs and fees in connection with that application which were unnecessarily paid during that period.

2020, c. 27, s. 74.