173. The Transit Commission, with the authorization of the Community, the Minister of Municipal Affairs and the Minister of Transport, may acquire by agreement or by expropriation all or part of the assets or of the capital stock of any public transport undertaking operated wholly or for the most part within its territory.
The Transit Commission shall not operate any public transport service in the territory presently served by either of the following companies, viz., Transport Urbain de Hull, Ltée or Transport Hull Métropolitain, Ltée, without acquiring, by agreement or by expropriation, the capital stock or moveable and immoveable property of either of such transport companies serving the territory in which the Transit Commission so establishes its service.
To expropriate, it shall proceed by using the powers of the Community, mutatismutandis, except that in the case of acquisition by expropriation with prior possession, the Commission shall previously deposit a sum equivalent to 75% of the net operating revenue for the last fiscal year of the expropriated party, as established by the financial statements deposited with the Expropriation Division of the Court of Québec which shall issue a certificate thereof.
In the case of an acquisition contemplated in this section, section 45 of the Labour Code (chapter C-27) shall apply.
This section has effect notwithstanding section 38 of the Expropriation Act (chapter E-24).
1969, c. 85, s. 224; 1972, c. 55, s. 173; 1973, c. 38, s. 141; 1973, c. 39, s. 5; 1977, c. 5, s. 14; 1984, c. 38, s. 100; 1986, c. 61, s. 66; 1988, c. 21, s. 66.