E-25 - Act respecting expropriation

Section 14 Disposition versions

2023-12-29

14. The expropriating party must, within 30 days after receiving the information mentioned in section 12, serve a notice to vacate the expropriated immovable on the lessee or occupant in good faith of that immovable.

The notice to vacate the expropriated immovable must contain, in particular,

(1)  the information provided for in subparagraphs 1 to 5 of the first paragraph of section 9 and contained in the notice of expropriation;

(2)  the date of expropriation; and

(3)  the information text established by the Minister.

The notice to vacate the expropriated immovable must be accompanied by an extract from the cadastre of Québec showing the expropriated immovable if the expropriated right concerns a whole lot situated in a territory that has been the subject of a cadastral renewal or, in any other case, by a plan of the expropriated immovable signed by a land surveyor.

The notice to vacate the expropriated immovable must also be accompanied by the expropriating party’s initial detailed declaration, which at a minimum indicates an amount that is at least equal to three months’ rent if the residence of the lessee or of the occupant in good faith is part of the expropriated immovable, and by the model of response established by the Tribunal and published on its website.

The rent corresponds,

(1)  in the case of a lessee who is a person related, within the meaning of the Taxation Act (chapter I-3), to the holder of a right in the leased immovable or in the case of an occupant in good faith, to the market average monthly rent for a rental that is equivalent to that of the leased or occupied immovable at the date of expropriation; and

(2)  in any other case, to the monthly rent provided for in the contract of lease.

2023, c. 27, s. 14.

See the Information text established by the Minister of Transport and Sustainable Mobility, see M.O. 2023-31, 2023-12-27, (2023) 155 G.O. 2, 3433A.

Not in force

In force: 2023-12-29

14. The expropriating party must, within 30 days after receiving the information mentioned in section 12, serve a notice to vacate the expropriated immovable on the lessee or occupant in good faith of that immovable.

The notice to vacate the expropriated immovable must contain, in particular,

(1)  the information provided for in subparagraphs 1 to 5 of the first paragraph of section 9 and contained in the notice of expropriation;

(2)  the date of expropriation; and

(3)  the information text established by the Minister.

The notice to vacate the expropriated immovable must be accompanied by an extract from the cadastre of Québec showing the expropriated immovable if the expropriated right concerns a whole lot situated in a territory that has been the subject of a cadastral renewal or, in any other case, by a plan of the expropriated immovable signed by a land surveyor.

The notice to vacate the expropriated immovable must also be accompanied by the expropriating party’s initial detailed declaration, which at a minimum indicates an amount that is at least equal to three months’ rent if the residence of the lessee or of the occupant in good faith is part of the expropriated immovable, and by the model of response established by the Tribunal and published on its website.

The rent corresponds,

(1)  in the case of a lessee who is a person related, within the meaning of the Taxation Act (chapter I-3), to the holder of a right in the leased immovable or in the case of an occupant in good faith, to the market average monthly rent for a rental that is equivalent to that of the leased or occupied immovable at the date of expropriation; and

(2)  in any other case, to the monthly rent provided for in the contract of lease.

2023, c. 27, s. 14.

See the Information text established by the Minister of Transport and Sustainable Mobility, see M.O. 2023-31, 2023-12-27, (2023) 155 G.O. 2, 3433A.