258. With the authorization of the Community and of the Commission municipale du Québec, the Commission may acquire by agreement or by expropriation all or part of the assets or of the capital stock of any public transport undertaking by autobus whose routes are situated in whole or in part within its territory.
The Commission may extend its service to the territories served on 16 June 1980 by either of the companies, Métropolitain Provincial (1967) Inc. or Autobus Trans-Urbain Inc., including the part of those territories situated outside its own territory, on the condition of acquiring, by agreement or by expropriation, the capital stock or the moveable and immoveable property of the company to whose territory it extends its service.
The Commission may also extend its service to the territory served on 16 June 1980 by the company called Autobus Trans-Urbain Inc., including the part of that territory situated outside its own territory, in regard to the public transport operations of that company other than those relating to school transport, on the condition, however, of acquiring, by agreement or by expropriation, the moveable and immoveable property used exclusively or mainly for those operations.
To expropriate, the Commission shall proceed by using the powers of the Community, mutatismutandis, except that, notwithstanding any law, agreement, deed of trust or any provision, the Commission becomes the owner of the expropriated property from the end of the delay for taking possession provided for in section 49 or section 50 of the Expropriation Act (chapter E-24), provided that it has paid to the expropriated party or deposited, in conformity with this section, a provisional indemnity equivalent to seventy per cent of its offer.
The provisional indemnity, as fixed in this section, may be deposited by the Commission in the office of the Superior Court. In the case of an expropriation of assets, the indemnity must be used first to pay the obligations of the expropriated undertaking. The prothonotary shall distribute such indemnity by taking into account the rank of each creditor.
As soon as the provisional indemnity has been paid or deposited in conformity with this section, the Commission, should the expropriated party refuse to transfer possession of the expropriated property, may apply to the court as provided in section 57 of the Expropriation Act.
In the case of an acquisition contemplated in this section, section 45 of the Labour Code (chapter C-27) shall apply.
No such acquisition shall be made before 1 September 1970.
This section has effect notwithstanding section 38 of the Expropriation Act.
1969, c. 84, s. 287; 1972, c. 73, s. 16; 1973, c. 38, s. 140; 1978, c. 104, s. 5; 1980, c. 20, s. 16.