E-25 - Act respecting expropriation

Section 59 Disposition versions

2023-12-29

59. The following are required to be represented by a lawyer before the Administrative Tribunal of Québec:

(1)  representatives, mandataries, tutors and other persons acting on behalf of a divested party who, for serious reasons, cannot act on their own behalf;

(2)  legal persons;

(3)  general or limited partnerships and associations and other groups not endowed with juridical personality, unless all the partners or members act themselves or mandate one of their number to act;

(4)  the Public Curator, guardians and sequestrators; and

(5)  liquidators, except liquidators of a succession, trustees and other representatives of collective interests when acting in that capacity.

The first paragraph does not apply where

(1)  the divested party is a natural person; or

(2)  the divested party meets the following conditions:

(a)  it is a legal person, a general or limited partnership, an association or another group not endowed with juridical personality; and

(b)  a maximum of 10 persons bound to it by an employment contract were under its direction or control at any time during the 12-month period preceding the date of expropriation, in the case of an expropriated party, or the date of service of the notice to vacate the expropriated immovable, in the case of a lessee or an occupant in good faith.

2023, c. 27, s. 59.

Not in force

In force: 2023-12-29

59. The following are required to be represented by a lawyer before the Administrative Tribunal of Québec:

(1)  representatives, mandataries, tutors and other persons acting on behalf of a divested party who, for serious reasons, cannot act on their own behalf;

(2)  legal persons;

(3)  general or limited partnerships and associations and other groups not endowed with juridical personality, unless all the partners or members act themselves or mandate one of their number to act;

(4)  the Public Curator, guardians and sequestrators; and

(5)  liquidators, except liquidators of a succession, trustees and other representatives of collective interests when acting in that capacity.

The first paragraph does not apply where

(1)  the divested party is a natural person; or

(2)  the divested party meets the following conditions:

(a)  it is a legal person, a general or limited partnership, an association or another group not endowed with juridical personality; and

(b)  a maximum of 10 persons bound to it by an employment contract were under its direction or control at any time during the 12-month period preceding the date of expropriation, in the case of an expropriated party, or the date of service of the notice to vacate the expropriated immovable, in the case of a lessee or an occupant in good faith.

2023, c. 27, s. 59.