E-25 - Act respecting expropriation

Section 118 Disposition versions

2024-02-10

118. Where the transfer of the expropriated right is effected more than 18 months after the date of expropriation, in the case of a right in an immovable that is subject to a reserve as at that date, or more than three years after the date of expropriation, in any other case, the Tribunal adds to the divested party’s indemnity an indemnity to compensate for the inconveniences related to the duration of the expropriation procedure.

That indemnity corresponds to the product obtained by multiplying the amount of the final indemnity by a percentage equivalent to twice the legal rate. However, where the product obtained is less than $1,051, the indemnity corresponds to $1,051 and where the product is greater than $52,540, the indemnity corresponds to $52,540.

The minimum and maximum amounts of the indemnity provided for in the second paragraph are indexed by operation of law in accordance with the second paragraph of section 104.

The Tribunal may decide, on an application by the expropriating party notified to the divested party, not to award that indemnity to the divested party if the expropriating party establishes before the Tribunal that it was unable, for reasonable cause, to comply with the time limit and if, in the opinion of the Tribunal, the divested party suffers no serious injury therefrom.

2023, c. 27, s. 118.

See notice of indexation; (2024) 156 G.O. 1, 104. (Effect from 1 January 2024)

2023-12-29

118. Where the transfer of the expropriated right is effected more than 18 months after the date of expropriation, in the case of a right in an immovable that is subject to a reserve as at that date, or more than three years after the date of expropriation, in any other case, the Tribunal adds to the divested party’s indemnity an indemnity to compensate for the inconveniences related to the duration of the expropriation procedure.

That indemnity corresponds to the product obtained by multiplying the amount of the final indemnity by a percentage equivalent to twice the legal rate. However, where the product obtained is less than $1,000, the indemnity corresponds to $1,000 and where the product is greater than $50,000, the indemnity corresponds to $50,000.

The minimum and maximum amounts of the indemnity provided for in the second paragraph are indexed by operation of law in accordance with the second paragraph of section 104.

The Tribunal may decide, on an application by the expropriating party notified to the divested party, not to award that indemnity to the divested party if the expropriating party establishes before the Tribunal that it was unable, for reasonable cause, to comply with the time limit and if, in the opinion of the Tribunal, the divested party suffers no serious injury therefrom.

2023, c. 27, s. 118.

Not in force

In force: 2023-12-29

118. Where the transfer of the expropriated right is effected more than 18 months after the date of expropriation, in the case of a right in an immovable that is subject to a reserve as at that date, or more than three years after the date of expropriation, in any other case, the Tribunal adds to the divested party’s indemnity an indemnity to compensate for the inconveniences related to the duration of the expropriation procedure.

That indemnity corresponds to the product obtained by multiplying the amount of the final indemnity by a percentage equivalent to twice the legal rate. However, where the product obtained is less than $1,000, the indemnity corresponds to $1,000 and where the product is greater than $50,000, the indemnity corresponds to $50,000.

The minimum and maximum amounts of the indemnity provided for in the second paragraph are indexed by operation of law in accordance with the second paragraph of section 104.

The Tribunal may decide, on an application by the expropriating party notified to the divested party, not to award that indemnity to the divested party if the expropriating party establishes before the Tribunal that it was unable, for reasonable cause, to comply with the time limit and if, in the opinion of the Tribunal, the divested party suffers no serious injury therefrom.

2023, c. 27, s. 118.