E-25 - Act respecting expropriation

Section 99 Disposition versions

2023-12-29

99. Loss of net profit related to the project of an enterprise is a material injury directly caused by the expropriation. Such a loss corresponds to the pre-tax net discounted cash flow value determined for the project. Such a project must meet all of the following conditions:

(1)  the project is feasible in respect of the immovable due to its dimensions, form, area, topography and composition;

(2)  the project is allowed under the laws of Québec and Canada and the regulations enacted under such laws, including municipal by-laws, or is protected by rights acquired as at the date of expropriation;

(3)  the project is economically feasible by the divested party;

(4)  the construction work for the project’s implementation is set to begin within three years following the date of expropriation;

(5)  all preliminary steps to implement the project have been completed, such that it is free from any contingency that could prevent, delay or make conditional its carrying out;

(6)  the project has obtained all the permits, authorizations and approvals required by a law of Québec or of Canada, or a regulation enacted under such a law, including a municipal by-law, or the divested party benefits from acquired rights with regard to the carrying out of the project;

(7)  the divested party has the financial capacity to carry out the project;

(8)  the project is economically profitable;

(9)  the project has not been carried out due to the expropriation; and

(10)  the divested party cannot carry out its project on another immovable.

Where all the conditions for carrying out the project set out in subparagraphs 1 to 9 of the first paragraph are met, but, contrary to the condition set out in subparagraph 10 of that paragraph, the divested party can carry out the project on another immovable, only the difference between the net profit that would have been made on the expropriated immovable and the net profit normally made on an immovable having no special traits constitutes the loss of net profit related to the project of an enterprise.

2023, c. 27, s. 99.

Not in force

In force: 2023-12-29

99. Loss of net profit related to the project of an enterprise is a material injury directly caused by the expropriation. Such a loss corresponds to the pre-tax net discounted cash flow value determined for the project. Such a project must meet all of the following conditions:

(1)  the project is feasible in respect of the immovable due to its dimensions, form, area, topography and composition;

(2)  the project is allowed under the laws of Québec and Canada and the regulations enacted under such laws, including municipal by-laws, or is protected by rights acquired as at the date of expropriation;

(3)  the project is economically feasible by the divested party;

(4)  the construction work for the project’s implementation is set to begin within three years following the date of expropriation;

(5)  all preliminary steps to implement the project have been completed, such that it is free from any contingency that could prevent, delay or make conditional its carrying out;

(6)  the project has obtained all the permits, authorizations and approvals required by a law of Québec or of Canada, or a regulation enacted under such a law, including a municipal by-law, or the divested party benefits from acquired rights with regard to the carrying out of the project;

(7)  the divested party has the financial capacity to carry out the project;

(8)  the project is economically profitable;

(9)  the project has not been carried out due to the expropriation; and

(10)  the divested party cannot carry out its project on another immovable.

Where all the conditions for carrying out the project set out in subparagraphs 1 to 9 of the first paragraph are met, but, contrary to the condition set out in subparagraph 10 of that paragraph, the divested party can carry out the project on another immovable, only the difference between the net profit that would have been made on the expropriated immovable and the net profit normally made on an immovable having no special traits constitutes the loss of net profit related to the project of an enterprise.

2023, c. 27, s. 99.