E-25 - Act respecting expropriation

Section 50 Disposition versions

2023-12-29

50. The expropriated party must, within four months after the date of expropriation, file its detailed declaration in the record of the Tribunal and notify it to the expropriating party. The lessee and the occupant in good faith must do the same within four months after service of the notice to vacate the expropriated immovable.

If the expropriated party fails to file its detailed declaration within the allotted time, the expropriating party may proceed by default.

If the lessee or the occupant in good faith fails to file their detailed declaration before the date on which the expropriated right is transferred or before the date that is four months after the date of service of the notice to vacate the expropriated immovable, whichever date is later, the lessee or the occupant is presumed to have accepted the offer set out in the expropriating party’s initial detailed declaration.

The Tribunal must, on an application by the expropriating party notified to the lessee or the occupant in good faith and proceeding on the record, close the record if there is no detailed declaration by the lessee or the occupant in good faith in the Tribunal’s record and if no amount was offered to the lessee or occupant in good faith in the expropriating party’s initial detailed declaration or, as applicable, if the amount offered in that detailed declaration has been paid to the lessee or occupant in good faith or deposited, on their behalf, in the office of the Superior Court.

Despite the closing of the record, the Tribunal may relieve the lessee or occupant in good faith from the failure to act within the time limit prescribed in the third paragraph if the lessee or occupant in good faith establishes that they were unable, for valid reasons, to act sooner and if the Tribunal considers that the expropriating party or, if applicable, the party on whose behalf the expropriating party is carrying out the expropriation, suffers no serious prejudice as a result. Once relieved from such failure, the record is then reopened, and the proceeding continues in accordance with the law. In such a case, the lessee or occupant in good faith has two months to file their detailed declaration, failing which they are deemed to have accepted the offer and the Tribunal closes the record.

2023, c. 27, s. 50.

Not in force

In force: 2023-12-29

50. The expropriated party must, within four months after the date of expropriation, file its detailed declaration in the record of the Tribunal and notify it to the expropriating party. The lessee and the occupant in good faith must do the same within four months after service of the notice to vacate the expropriated immovable.

If the expropriated party fails to file its detailed declaration within the allotted time, the expropriating party may proceed by default.

If the lessee or the occupant in good faith fails to file their detailed declaration before the date on which the expropriated right is transferred or before the date that is four months after the date of service of the notice to vacate the expropriated immovable, whichever date is later, the lessee or the occupant is presumed to have accepted the offer set out in the expropriating party’s initial detailed declaration.

The Tribunal must, on an application by the expropriating party notified to the lessee or the occupant in good faith and proceeding on the record, close the record if there is no detailed declaration by the lessee or the occupant in good faith in the Tribunal’s record and if no amount was offered to the lessee or occupant in good faith in the expropriating party’s initial detailed declaration or, as applicable, if the amount offered in that detailed declaration has been paid to the lessee or occupant in good faith or deposited, on their behalf, in the office of the Superior Court.

Despite the closing of the record, the Tribunal may relieve the lessee or occupant in good faith from the failure to act within the time limit prescribed in the third paragraph if the lessee or occupant in good faith establishes that they were unable, for valid reasons, to act sooner and if the Tribunal considers that the expropriating party or, if applicable, the party on whose behalf the expropriating party is carrying out the expropriation, suffers no serious prejudice as a result. Once relieved from such failure, the record is then reopened, and the proceeding continues in accordance with the law. In such a case, the lessee or occupant in good faith has two months to file their detailed declaration, failing which they are deemed to have accepted the offer and the Tribunal closes the record.

2023, c. 27, s. 50.