C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 294 Disposition versions

2001-01-01

294. (Repealed).

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34; 1984, c. 42, s. 137; 1985, c. 31, s. 42; 1990, c. 41, s. 92; 1995, c. 65, s. 111; 1996, c. 2, s. 534; 1999, c. 40, s. 68; 2000, c. 56, s. 133.

1999-10-22

294. The Société has jurisdiction to extend the subway network in the territories of the municipalities listed in Schedule A. It may

(1)  dig a tunnel under any land for the subway network;

(2)  construct underground lines and their accessories, as well as surface, depressed or elevated lines and branches, and their accessories;

(3)  (subparagraph repealed);

(4)  construct underground or surface stations, platforms and any facilities required for the operation of the subway network;

(5)  (subparagraph repealed);

(6)  purchase, take on lease or use any servitudes, rights of way or immovables required for the operation of the subway network and, to facilitate the establishment or construction of the network or reduce the costs attached thereto, purchase or transfer any servitudes, rights of way or immovables;

(7)  purchase, take on lease or use any servitudes and temporary rights on immovables during the period required for construction;

(8)  order the expropriation of the property and rights mentioned in subparagraphs 6 and 7 for the purposes for which the Société may otherwise acquire them;

(9)  regulate the use of space in, above and near the subway tracks to ensure the safety of the works;

(10)  construct passageways leading to the subway network inside commercial or other establishments and on private land and, for that purpose, acquire servitudes and rights of way by agreement or expropriation;

(11)  for the functioning and operation of the subway network, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and other facilities required therefor;

(12)  acquire, by agreement or expropriation, any immovable or servitude situated near a construction, space or facility necessary for the operation of the subway network, for the purpose of improving the layout of those immovables and providing passageways to the network. However, the prior approval of the municipality in whose territory the immovable or servitude is located is required;

(13)  subdivide, resubdivide, exchange or sell, in whole or in part, any immovable, part of an immovable or immovable right acquired under subparagraph 12.

The Société has, with respect to an expropriation to be made for the purposes of this section, the powers described in paragraphs a and c of article 956 of the charter of the city of Montréal, adapted as required.

Where the Société proposes to expropriate for a purpose provided for in this section, except where the expropriation concerns a servitude or a right that affects only the subsoil of an immovable or where a municipality has already indicated its intention not to expropriate, the Société shall offer the municipality in whose territory an immovable or immovable right affected by the proposed expropriation is situated to proceed with the expropriation, at its own expense. Subject to subparagraph 12 of the first paragraph, the Société may proceed with the expropriation only if the municipality fails to accept, by resolution, the offer of the Société within 90 days of receiving it.

Every municipality having acquired an immovable or immovable right pursuant to subparagraph 12 of the first paragraph has the power provided for in subparagraph 13 of the first paragraph, adapted as required.

If a municipality accepts the offer made by the Société, it retains ownership of the expropriated immovables, subject to the obligation to transfer, free of charge, to the Société the immovable property, rights and titles required for the construction and operation of the extensions of the subway network.

For the purposes of this section, the Société has the powers provided for in section 292.

This section applies, adapted as required, to any guided land passenger transport network or system.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34; 1984, c. 42, s. 137; 1985, c. 31, s. 42; 1990, c. 41, s. 92; 1995, c. 65, s. 111; 1996, c. 2, s. 534; 1999, c. 40, s. 68.

1996-05-08

294. The corporation has jurisdiction to extend the subway network in the territories of the municipalities listed in Schedule A. It may

(1)  dig a tunnel under any land for the subway network;

(2)  construct underground lines and their accessories, as well as surface, depressed or elevated lines and branches, and their accessories;

(3)  (subparagraph repealed);

(4)  construct underground or surface stations, platforms and any facilities required for the operation of the subway network;

(5)  (subparagraph repealed);

(6)  purchase, take on lease or use any servitudes, rights of way or immovables required for the operation of the subway network and, to facilitate the establishment or construction of the network or reduce the costs attached thereto, purchase or transfer any servitudes, rights of way or immovables;

(7)  purchase, take on lease or use any servitudes and temporary rights on immovables during the period required for construction;

(8)  order the expropriation of the property and rights mentioned in subparagraphs 6 and 7 for the purposes for which the corporation may otherwise acquire them;

(9)  regulate the use of space in, above and near the subway tracks to ensure the safety of the works;

(10)  construct passageways leading to the subway network inside commercial or other establishments and on private land and, for that purpose, acquire servitudes and rights of way by agreement or expropriation;

(11)  for the functioning and operation of the subway network, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and other facilities required therefor;

(12)  acquire, by agreement or expropriation, any immovable or servitude situated near a construction, space or facility necessary for the operation of the subway network, for the purpose of improving the layout of those immovables and providing passageways to the network. However, the prior approval of the municipality in whose territory the immovable or servitude is located is required;

(13)  subdivide, resubdivide, exchange or sell, in whole or in part, any immovable, part of an immovable or immovable right acquired under subparagraph 12.

The corporation has, with respect to an expropriation to be made for the purposes of this section, the powers described in paragraphs a and c of article 956 of the charter of the city of Montréal, adapted as required.

Where the corporation proposes to expropriate for a purpose provided for in this section, except where the expropriation concerns a servitude or a right that affects only the subsoil of an immovable or where a municipality has already indicated its intention not to expropriate, the corporation shall offer the municipality in whose territory an immovable or immovable right affected by the proposed expropriation is situated to proceed with the expropriation, at its own expense. Subject to subparagraph 12 of the first paragraph, the corporation may proceed with the expropriation only if the municipality fails to accept, by resolution, the offer of the corporation within 90 days of receiving it.

Every municipality having acquired an immovable or immovable right pursuant to subparagraph 12 of the first paragraph has the power provided for in subparagraph 13 of the first paragraph, adapted as required.

If a municipality accepts the offer made by the corporation, it retains ownership of the expropriated immovables, subject to the obligation to transfer, free of charge, to the corporation the immovable property, rights and titles required for the construction and operation of the extensions of the subway network.

For the purposes of this section, the corporation has the powers provided for in section 292.

This section applies, adapted as required, to any guided land passenger transport network or system.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34; 1984, c. 42, s. 137; 1985, c. 31, s. 42; 1990, c. 41, s. 92; 1995, c. 65, s. 111; 1996, c. 2, s. 534.

1996-01-01

294. The corporation has jurisdiction to extend the subway network in the territory described in Schedule A. It may

(1)  dig a tunnel under any land for the subway network;

(2)  construct underground lines and their accessories, as well as surface, depressed or elevated lines and branches, and their accessories;

(3)  (subparagraph repealed);

(4)  construct underground or surface stations, platforms and any facilities required for the operation of the subway network;

(5)  (subparagraph repealed);

(6)  purchase, take on lease or use any servitudes, rights of way or immovables required for the operation of the subway network and, to facilitate the establishment or construction of the network or reduce the costs attached thereto, purchase or transfer any servitudes, rights of way or immovables;

(7)  purchase, take on lease or use any servitudes and temporary rights on immovables during the period required for construction;

(8)  order the expropriation of the property and rights mentioned in subparagraphs 6 and 7 for the purposes for which the corporation may otherwise acquire them;

(9)  regulate the use of space in, above and near the subway tracks to ensure the safety of the works;

(10)  construct passageways leading to the subway network inside commercial or other establishments and on private land and, for that purpose, acquire servitudes and rights of way by agreement or expropriation;

(11)  for the functioning and operation of the subway network, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and other facilities required therefor;

(12)  acquire, by agreement or expropriation, any immovable or servitude situated near a construction, space or facility necessary for the operation of the subway network, for the purpose of improving the layout of those immovables and providing passageways to the network. However, the prior approval of the municipality where the immovable or servitude is located is required;

(13)  subdivide, resubdivide, exchange or sell, in whole or in part, any immovable, part of an immovable or immovable right acquired under subparagraph 12.

The corporation has, with respect to an expropriation to be made for the purposes of this section, the powers described in paragraphs a and c of article 956 of the charter of the city of Montréal, adapted as required.

Where the corporation proposes to expropriate for a purpose provided for in this section, except where the expropriation concerns a servitude or a right that affects only the subsoil of an immovable or where a municipality has already indicated its intention not to expropriate, the corporation shall offer the municipality in whose territory an immovable or immovable right affected by the proposed expropriation is situated to proceed with the expropriation, at its own expense. Subject to subparagraph 12 of the first paragraph, the corporation may proceed with the expropriation only if the municipality fails to accept, by resolution, the offer of the corporation within 90 days of receiving it.

Every municipality having acquired an immovable or immovable right pursuant to subparagraph 12 of the first paragraph has the power provided for in subparagraph 13 of the first paragraph, adapted as required.

If a municipality accepts the offer made by the corporation, it retains ownership of the expropriated immovables, subject to the obligation to transfer, free of charge, to the corporation the immovable property, rights and titles required for the construction and operation of the extensions of the subway network.

For the purposes of this section, the corporation has the powers provided for in section 292.

This section applies, adapted as required, to any guided land passenger transport network or system.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34; 1984, c. 42, s. 137; 1985, c. 31, s. 42; 1990, c. 41, s. 92; 1995, c. 65, s. 111.

1994-07-20

294. The corporation has jurisdiction to extend the subway and suburban train network in the territory described in Schedule A. It may

(1)  dig a tunnel under any land for the subway or suburban train network;

(2)  construct underground lines and their accessories, as well as surface, depressed or elevated lines and branches, and their accessories;

(3)  with the approval of the Government, enter into an agreement with any railway company to purchase, take on lease or use in any manner the railway tracks or land of the company for the establishment of a suburban train network;

(4)  construct underground or surface stations, platforms and any facilities required for the operation of the subway network;

(5)  purchase, take on lease or construct stations, platforms and any facilities required for the operation of the suburban train network;

(6)  purchase, take on lease or use any servitudes, rights of way or immovables required for the operation of the subway or suburban train network and, to facilitate the establishment or construction of the network or reduce the costs attached thereto, purchase or transfer any servitudes, rights of way or immovables;

(7)  purchase, take on lease or use any servitudes and temporary rights on immovables during the period required for construction;

(8)  order the expropriation of the property and rights mentioned in subparagraphs 6 and 7 for the purposes for which the corporation may otherwise acquire them;

(9)  regulate the use of space in, above and near the subway tracks to ensure the safety of the works;

(10)  construct passageways leading to the subway network inside commercial or other establishments and on private land and, for that purpose, acquire servitudes and rights of way by agreement or expropriation;

(11)  for the functioning and operation of the subway or suburban train network, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and other facilities required therefor;

(12)  acquire, by agreement or expropriation, any immovable or servitude situated near a construction, space or facility necessary for the operation of the subway or suburban train network, for the purpose of improving the layout of those immovables and providing passageways to the network. However, the prior approval of the municipality where the immovable or servitude is located is required;

(13)  subdivide, resubdivide, exchange or sell, in whole or in part, any immovable, part of an immovable or immovable right acquired under subparagraph 12.

The corporation has, with respect to an expropriation to be made for the purposes of this section, the powers described in paragraphs a and c of article 956 of the charter of the city of Montréal, adapted as required.

Where the corporation proposes to expropriate for a purpose provided for in this section, except where the expropriation concerns a servitude or a right that affects only the subsoil of an immovable or where a municipality has already indicated its intention not to expropriate, the corporation shall offer the municipality in whose territory an immovable or immovable right affected by the proposed expropriation is situated to proceed with the expropriation, at its own expense. Subject to subparagraph 12 of the first paragraph, the corporation may proceed with the expropriation only if the municipality fails to accept, by resolution, the offer of the corporation within 90 days of receiving it.

Every municipality having acquired an immovable or immovable right pursuant to subparagraph 12 of the first paragraph has the power provided for in subparagraph 13 of the first paragraph, adapted as required.

If a municipality accepts the offer made by the corporation, it retains ownership of the expropriated immovables, subject to the obligation to transfer, free of charge, to the corporation the immovable property, rights and titles required for the construction and operation of the extensions of the subway network.

For the purposes of this section, the corporation has the powers provided for in section 292.

This section applies, adapted as required, to any guided land passenger transport network or system.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34; 1984, c. 42, s. 137; 1985, c. 31, s. 42; 1990, c. 41, s. 92.

1985-06-20

294. The Community shall be authorized to extend, within the territory mentioned in Schedule A as well as to a point located within the City of Laval, the public transport system called the “Metro”. For such purpose, the Community may:

(a)  construct underground lines and their accessories, surface, depressed or elevated lines, and branches and their accessories;

(b)  with the approval of the Government, agree with any railway company to purchase, take on lease or use in any manner the railway tracks of such company for the purposes of establishing a rapid transit system for passengers;

(c)  construct underground or surface stations and all things necessary for the operation of the Metro;

(d)  purchase, take on lease or use all servitudes, rights of way or immovables necessary for the operation of the Metro and, to facilitate the establishment or construction of the Metro or reduce the costs thereof, purchase or transfer all servitudes, rights of way and immovables;

(e)  purchase, take on lease or use all servitudes and all temporary rights on immoveables during the period necessary for construction;

(f)  order the expropriation of the property and rights mentioned in subparagraphs d and e for the purposes for which the Community may otherwise acquire them;

(g)  regulate the use of space in, above and near the Metro lines to ensure the safety of the works of the Metro;

(h)  build means of access to the Metro inside commercial or other establishments and on private lots; acquire servitudes and rights of way for such purpose by mutual agreement or by expropriation;

(i)  for the functioning and operation of the Metro and its stations, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and any other thing necessary thereon;

(j)  acquire by mutual agreement or by expropriation any immoveable or servitude situated in the vicinity of any construction, space, or thing necessary to the functioning of the Metro, with a view to enabling a better layout of access to the Metro and the said immoveables. However, prior approval of the municipality where such immoveable or servitude is located, shall be required;

(k)  subdivide, resubdivide, exchange or sell, in whole or in part, any immoveable, part of immoveable or property right whatsoever of which it has become the owner pursuant to subparagraph j.

Any agreement between the Community and the City of Laval respecting the extension of the Metro must be ratified by the Minister and the Minister of Transport.

The operation of such extensions shall be under the jurisdiction of the corporation, which shall exercise for such purposes the powers provided in section 292, nevertheless the operation of such extension in the territory of the city of Laval shall be ensured jointly by the corporation and the Société de transport de la Ville de Laval in accordance with the terms of the agreement provided for in the preceding paragraph; the Community, upon completion of the works, shall transfer the works, immoveable rights, moveable property and other rights necessary for such operation to the corporation; the service of the debt affecting the property and rights transferred to the Société de transport shall be apportioned as a deficit of the corporation, and the service of the debt affecting the other property and rights acquired by the Community shall be apportioned as an expense of the Community.

Notwithstanding the apportionment of the debt service provided by this section, the commitments included in securities issued by the Community and contracts entered into by it, for the purpose of extending the metro, constitute direct and general obligations of the Community and of the municipalities mentioned in Schedules A and B. The Community and those municipalities are jointly and severally liable for the obligations contracted by the Community towards the holders of the securities issued by it or towards persons who have debts arising from contracts.

In the case of an expropriation for the purposes of this section, the Community shall possess, mutatismutandis, the powers provided in paragraphs a and c of section 956 of the charter of the City of Montréal.

When an expropriation is decided upon by the Community for the purposes provided for by this section and except when the object of the expropriation is a servitude or a right which affects only the subsoil of an immoveable or when a municipality already has manifested its intent not to carry out the expropriation itself, the Community shall offer to the municipality in which an immoveable or a property right affected by such proposed expropriation is situated to carry out the expropriation itself at its own cost. Subject to subparagraph j of the first paragraph, the Community shall not proceed with the expropriation unless such municipality fails to accept, by resolution, the offer of the Community, within 90 days following its receipt.

The municipality which has acquired an immoveable or a property right pursuant to subparagraph j possesses, mutatismutandis, the powers provided for in subparagraph k.

If the municipality so accepts the Community’s offer, it shall retain ownership of the expropriated immoveables, subject to the obligation of transferring gratuitously to the Community the property and immoveable rights necessary for the construction and operation of such extensions of the Metro.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34; 1984, c. 42, s. 137; 1985, c. 31, s. 42.

1985-02-01

294. The Community shall be authorized to extend, within the territory mentioned in Schedule A as well as to a point located within the City of Laval, the public transport system called the “Metro”. For such purpose, the Community may:

(a)  construct underground lines and their accessories, surface, depressed or elevated lines, and branches and their accessories;

(b)  with the approval of the Government, agree with any railway company to purchase, take on lease or use in any manner the railway tracks of such company for the purposes of establishing a rapid transit system for passengers;

(c)  construct underground or surface stations and all things necessary for the operation of the Metro;

(d)  purchase, take on lease or use all servitudes, rights of way or immovables necessary for the operation of the Metro and, to facilitate the establishment or construction of the Metro or reduce the costs thereof, purchase or transfer all servitudes, rights of way and immovables;

(e)  purchase, take on lease or use all servitudes and all temporary rights on immoveables during the period necessary for construction;

(f)  order the expropriation of the property and rights mentioned in subparagraphs d and e for the purposes for which the Community may otherwise acquire them;

(g)  regulate the use of space in, above and near the Metro lines to ensure the safety of the works of the Metro;

(h)  build means of access to the Metro inside commercial or other establishments and on private lots; acquire servitudes and rights of way for such purpose by mutual agreement or by expropriation;

(i)  for the functioning and operation of the Metro and its stations, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and any other thing necessary thereon;

(j)  acquire by mutual agreement or by expropriation any immoveable or servitude situated in the vicinity of any construction, space, or thing necessary to the functioning of the Metro, with a view to enabling a better layout of access to the Metro and the said immoveables. However, prior approval of the municipality where such immoveable or servitude is located, shall be required;

(k)  subdivide, resubdivide, exchange or sell, in whole or in part, any immoveable, part of immoveable or property right whatsoever of which it has become the owner pursuant to subparagraph j.

Any agreement between the Community and the City of Laval respecting the extension of the Metro must be ratified by the Minister and the Minister of Transport.

The operation of such extensions shall be under the jurisdiction of the Commission, which shall exercise for such purposes the powers provided in section 292, nevertheless the operation of such extension in the territory of the city of Laval shall be ensured jointly by the Commission and the Société de transport de la Ville de Laval in accordance with the terms of the agreement provided for in the preceding paragraph; the Community, upon completion of the works, shall transfer the works, immoveable rights, moveable property and other rights necessary for such operation to the Commission; the service of the debt affecting the property and rights transferred to the Transit Commission shall be apportioned as a deficit of the Commission, and the service of the debt affecting the other property and rights acquired by the Community shall be apportioned as an expense of the Community.

Notwithstanding the apportionment of the debt service provided by this section, the commitments included in securities issued by the Community and contracts entered into by it, for the purpose of extending the metro, constitute direct and general obligations of the Community and of the municipalities mentioned in Schedules A and B. The Community and those municipalities are jointly and severally liable for the obligations contracted by the Community towards the holders of the securities issued by it or towards persons who have debts arising from contracts.

In the case of an expropriation for the purposes of this section, the Community shall possess, mutatismutandis, the powers provided in paragraphs a and c of section 956 of the charter of the City of Montréal.

When an expropriation is decided upon by the Community for the purposes provided for by this section and except when the object of the expropriation is a servitude or a right which affects only the subsoil of an immoveable or when a municipality already has manifested its intent not to carry out the expropriation itself, the Community shall offer to the municipality in which an immoveable or a property right affected by such proposed expropriation is situated to carry out the expropriation itself at its own cost. Subject to subparagraph j of the first paragraph, the Community shall not proceed with the expropriation unless such municipality fails to accept, by resolution, the offer of the Community, within 90 days following its receipt.

The municipality which has acquired an immoveable or a property right pursuant to subparagraph j possesses, mutatismutandis, the powers provided for in subparagraph k.

If the municipality so accepts the Community’s offer, it shall retain ownership of the expropriated immoveables, subject to the obligation of transferring gratuitously to the Community the property and immoveable rights necessary for the construction and operation of such extensions of the Metro.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34; 1984, c. 42, s. 137.

1983-10-01

294. The Community shall be authorized to extend, within the territory mentioned in Schedule A as well as to a point located within the City of Laval, the public transport system called the “Metro”. For such purpose, the Community may:

(a)  construct underground lines and their accessories, surface, depressed or elevated lines, and branches and their accessories;

(b)  with the approval of the Government, agree with any railway company to purchase, take on lease or use in any manner the railway tracks of such company for the purposes of establishing a rapid transit system for passengers;

(c)  construct underground or surface stations and all things necessary for the operation of the Metro;

(d)  purchase, take on lease or use all servitudes, rights of way or immovables necessary for the operation of the Metro and, to facilitate the establishment or construction of the Metro or reduce the costs thereof, purchase or transfer all servitudes, rights of way and immovables;

(e)  purchase, take on lease or use all servitudes and all temporary rights on immoveables during the period necessary for construction;

(f)  order the expropriation of the property and rights mentioned in subparagraphs d and e for the purposes for which the Community may otherwise acquire them;

(g)  regulate the use of space in, above and near the Metro lines to ensure the safety of the works of the Metro;

(h)  build means of access to the Metro inside commercial or other establishments and on private lots; acquire servitudes and rights of way for such purpose by mutual agreement or by expropriation;

(i)  for the functioning and operation of the Metro and its stations, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and any other thing necessary thereon;

(j)  acquire by mutual agreement or by expropriation any immoveable or servitude situated in the vicinity of any construction, space, or thing necessary to the functioning of the Metro, with a view to enabling a better layout of access to the Metro and the said immoveables. However, prior approval of the municipality where such immoveable or servitude is located, shall be required;

(k)  subdivide, resubdivide, exchange or sell, in whole or in part, any immoveable, part of immoveable or property right whatsoever of which it has become the owner pursuant to subparagraph j.

Any agreement between the Community and the City of Laval respecting the extension of the Metro must be ratified by the Minister and the Minister of Transport.

The operation of such extensions shall be under the jurisdiction of the Commission, which shall exercise for such purposes the powers provided in section 292, nevertheless the operation of such extension in the territory of the city of Laval shall be ensured jointly by the Commission and the Commission de transport de la ville de Laval in accordance with the terms of the agreement provided for in the preceding paragraph; the Community, upon completion of the works, shall transfer the works, immoveable rights, moveable property and other rights necessary for such operation to the Commission; the service of the debt affecting the property and rights transferred to the Transit Commission shall be apportioned as a deficit of the Commission, and the service of the debt affecting the other property and rights acquired by the Community shall be apportioned as an expense of the Community.

Notwithstanding the apportionment of the debt service provided by this section, the commitments included in securities issued by the Community and contracts entered into by it, for the purpose of extending the metro, constitute direct and general obligations of the Community and of the municipalities mentioned in Schedules A and B. The Community and those municipalities are jointly and severally liable for the obligations contracted by the Community towards the holders of the securities issued by it or towards persons who have debts arising from contracts.

In the case of an expropriation for the purposes of this section, the Community shall possess, mutatismutandis, the powers provided in paragraphs a and c of section 956 of the charter of the City of Montréal.

When an expropriation is decided upon by the Community for the purposes provided for by this section and except when the object of the expropriation is a servitude or a right which affects only the subsoil of an immoveable or when a municipality already has manifested its intent not to carry out the expropriation itself, the Community shall offer to the municipality in which an immoveable or a property right affected by such proposed expropriation is situated to carry out the expropriation itself at its own cost. Subject to subparagraph j of the first paragraph, the Community shall not proceed with the expropriation unless such municipality fails to accept, by resolution, the offer of the Community, within 90 days following its receipt.

The municipality which has acquired an immoveable or a property right pursuant to subparagraph j possesses, mutatismutandis, the powers provided for in subparagraph k.

If the municipality so accepts the Community’s offer, it shall retain ownership of the expropriated immoveables, subject to the obligation of transferring gratuitously to the Community the property and immoveable rights necessary for the construction and operation of such extensions of the Metro.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123; 1983, c. 21, s. 34.

1982-07-11

294. The Community shall be authorized to extend, within the territory mentioned in Schedule A as well as to a point located within the City of Laval, the public transport system called the “Metro”. For such purpose, the Community may:

(a)  construct underground lines and their accessories, surface, depressed or elevated lines, and branches and their accessories;

(b)  with the approval of the Government, agree with any railway company to purchase, take on lease or use in any manner the railway tracks of such company for the purposes of establishing a rapid transit system for passengers;

(c)  construct underground or surface stations and all things necessary for the operation of the Metro;

(d)  purchase, take on lease or use all servitudes, rights of way or immoveables needed for the operation of the Metro;

(e)  purchase, take on lease or use all servitudes and all temporary rights on immoveables during the period necessary for construction;

(f)  order that the property and rights mentioned in paragraphs d and e may be acquired by expropriation;

(g)  regulate the use of space in, above and near the Metro lines to ensure the safety of the works of the Metro;

(h)  build means of access to the Metro inside commercial or other establishments and on private lots; acquire servitudes and rights of way for such purpose by mutual agreement or by expropriation;

(i)  for the functioning and operation of the Metro and its stations, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and any other thing necessary thereon;

(j)  acquire by mutual agreement or by expropriation any immoveable or servitude situated in the vicinity of any construction, space, or thing necessary to the functioning of the Metro, with a view to enabling a better layout of access to the Metro and the said immoveables. However, prior approval of the municipality where such immoveable or servitude is located, shall be required;

(k)  subdivide, resubdivide, exchange or sell, in whole or in part, any immoveable, part of immoveable or property right whatsoever of which it has become the owner pursuant to subparagraph j.

Any agreement between the Community and the City of Laval respecting the extension of the Metro must be ratified by the Minister and the Minister of Transport.

The operation of such extensions shall be under the jurisdiction of the Commission, which shall exercise for such purposes the powers provided in section 292, nevertheless the operation of such extension in the territory of the city of Laval shall be ensured jointly by the Commission and the Commission de transport de la ville de Laval in accordance with the terms of the agreement provided for in the preceding paragraph; the Community, upon completion of the works, shall transfer the works, immoveable rights, moveable property and other rights necessary for such operation to the Commission; the service of the debt affecting the property and rights transferred to the Transit Commission shall be apportioned as a deficit of the Commission, and the service of the debt affecting the other property and rights acquired by the Community shall be apportioned as an expense of the Community.

Notwithstanding the apportionment of the debt service provided by this section, the commitments included in securities issued by the Community and contracts entered into by it, for the purpose of extending the metro, constitute direct and general obligations of the Community and of the municipalities mentioned in Schedules A and B. The Community and those municipalities are jointly and severally liable for the obligations contracted by the Community towards the holders of the securities issued by it or towards persons who have debts arising from contracts.

In the case of an expropriation for the purposes of this section, the Community shall possess, mutatismutandis, the powers provided in paragraphs a and c of section 956 of the charter of the City of Montréal.

When an expropriation is decided upon by the Community for the purposes provided for by this section and except when the object of the expropriation is a servitude or a right which affects only the subsoil of an immoveable or when a municipality already has manifested its intent not to carry out the expropriation itself, the Community shall offer to the municipality in which an immoveable or a property right affected by such proposed expropriation is situated to carry out the expropriation itself at its own cost. Subject to subparagraph j of the first paragraph, the Community shall not proceed with the expropriation unless such municipality fails to accept, by resolution, the offer of the Community, within 90 days following its receipt.

The municipality which has acquired an immoveable or a property right pursuant to subparagraph j possesses, mutatismutandis, the powers provided for in subparagraph k.

If the municipality so accepts the Community’s offer, it shall retain ownership of the expropriated immoveables, subject to the obligation of transferring gratuitously to the Community the property and immoveable rights necessary for the construction and operation of such extensions of the Metro.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14; 1982, c. 18, s. 123.

0001-01-01

294. The Community shall be authorized to extend, within the territory mentioned in Schedule A as well as to a point located within the City of Laval, the public transport system called the “Metro”. For such purpose, the Community may:

(a)  construct underground lines and their accessories, surface, depressed or elevated lines, and branches and their accessories;

(b)  with the approval of the Government, agree with any railway company to purchase, take on lease or use in any manner the railway tracks of such company for the purposes of establishing a rapid transit system for passengers;

(c)  construct underground or surface stations and all things necessary for the operation of the Metro;

(d)  purchase, take on lease or use all servitudes, rights of way or immoveables needed for the operation of the Metro;

(e)  purchase, take on lease or use all servitudes and all temporary rights on immoveables during the period necessary for construction;

(f)  order that the property and rights mentioned in paragraphs d and e may be acquired by expropriation;

(g)  regulate the use of space in, above and near the Metro lines to ensure the safety of the works of the Metro;

(h)  build means of access to the Metro inside commercial or other establishments and on private lots; acquire servitudes and rights of way for such purpose by mutual agreement or by expropriation;

(i)  for the functioning and operation of the Metro and its stations, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and any other thing necessary thereon;

(j)  acquire by mutual agreement or by expropriation any immoveable or servitude situated in the vicinity of any construction, space, or thing necessary to the functioning of the Metro, with a view to enabling a better layout of access to the Metro and the said immoveables. However, prior approval of the municipality where such immoveable or servitude is located, shall be required;

(k)  subdivide, resubdivide, exchange or sell, in whole or in part, any immoveable, part of immoveable or property right whatsoever of which it has become the owner pursuant to subparagraph j.

Any agreement between the Community and the City of Laval respecting the extension of the Metro must be ratified by the Minister and the Minister of Transport.

The operation of such extensions shall be under the jurisdiction of the Commission, which shall exercise for such purposes the powers provided in section 292, nevertheless the operation of such extension in the territory of the city of Laval shall be ensured jointly by the Commission and the Commission de transport de la ville de Laval in accordance with the terms of the agreement provided for in the preceding paragraph; the Community, upon completion of the works, shall transfer the works, immoveable rights, moveable property and other rights necessary for such operation to the Commission; the service of the debt affecting the property and rights transferred to the Transit Commission shall be apportioned as a deficit of the Commission, and the service of the debt affecting the other property and rights acquired by the Community shall be apportioned as an expense of the Community.

Notwithstanding the apportionment of the debt service provided for in this section, the bonds, notes and other securities issued by the Community for the purpose of extending the public transport system called the “Metro” and provided for in this section shall constitute direct and general obligations of the Community and of the municipalities mentioned in Schedules A and B to this act and the Community and the said municipalities shall be jointly and severally responsible towards such holders for the repayment of such bonds, notes and other securities, in principal, interest and other accessories, and for all other obligations contracted by the Community towards the aforesaid holders.

In the case of an expropriation for the purposes of this section, the Community shall possess, mutatismutandis, the powers provided in paragraphs a and c of section 956 of the charter of the City of Montréal.

When an expropriation is decided upon by the Community for the purposes provided for in this section and except when the object of the expropriation is a servitude or a right which affects only the subsoil of an immoveable or when a municipality already has manifested its intent not to carry out the expropriation itself, the Community shall offer to the municipality in which is situated an immoveable or a property right affected by such proposed expropriation to carry out the expropriation itself at its own cost and, subject to subparagraph j of this section, the Community shall not proceed with the expropriation unless such municipality fails to accept, by resolution, the offer of the Community, within thirty days following its receipt.

The municipality which has acquired an immoveable or a property right pursuant to subparagraph j possesses, mutatismutandis, the powers provided for in subparagraph k.

If the municipality so accepts the Community’s offer, it shall retain ownership of the expropriated immoveables, subject to the obligation of transferring gratuitously to the Community the property and immoveable rights necessary for the construction and operation of such extensions of the Metro.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14.