E-25 - Act respecting expropriation

Section 121 Disposition versions

2023-12-29

121. Interest accrues at the legal rate,

(1)  from the date of the transfer of the expropriated right, on the following values, costs or indemnities:

(a)  the market value of the expropriated right, after deducting, if applicable, the market value of the right transferred to the expropriated party,

(b)  the market value of the expropriated land, if the expropriated party re-establishes itself on land it owns;

(c)  the indemnity for loss of suitability value, and

(d)  the indemnity for trouble, nuisance and inconvenience;

(2)  from the date of acquisition of the new land referred to in subparagraph 1 of the second paragraph of section 84, on the cost of the land;

(3)  from the date that is three years after the date of expropriation, on the indemnity to compensate for inconveniences related to an expropriation procedure added under section 118; and

(4)  from the date on which the expense or damage occurs, on the following indemnities:

(a)  the displacement indemnity,

(b)  the redevelopment indemnity,

(c)  the enterprise closure indemnity,

(d)  the equivalence indemnity,

(e)  the indemnity for the replacement of buildings and improvements, and

(f)  the indemnity in reparation for injuries.

For the purpose of calculating interest added under the first paragraph, the provisional indemnities paid for each of those compensation items must be deducted from the values, costs and indemnities.

In addition, indemnities that must be returned by the divested party do not bear interest.

Despite the first paragraph, if a delay is attributable to the divested party, the Tribunal may suspend, for the period it determines, the application of the interest rate on a value, cost or indemnity.

2023, c. 27, s. 121.

Not in force

In force: 2023-12-29

121. Interest accrues at the legal rate,

(1)  from the date of the transfer of the expropriated right, on the following values, costs or indemnities:

(a)  the market value of the expropriated right, after deducting, if applicable, the market value of the right transferred to the expropriated party,

(b)  the market value of the expropriated land, if the expropriated party re-establishes itself on land it owns;

(c)  the indemnity for loss of suitability value, and

(d)  the indemnity for trouble, nuisance and inconvenience;

(2)  from the date of acquisition of the new land referred to in subparagraph 1 of the second paragraph of section 84, on the cost of the land;

(3)  from the date that is three years after the date of expropriation, on the indemnity to compensate for inconveniences related to an expropriation procedure added under section 118; and

(4)  from the date on which the expense or damage occurs, on the following indemnities:

(a)  the displacement indemnity,

(b)  the redevelopment indemnity,

(c)  the enterprise closure indemnity,

(d)  the equivalence indemnity,

(e)  the indemnity for the replacement of buildings and improvements, and

(f)  the indemnity in reparation for injuries.

For the purpose of calculating interest added under the first paragraph, the provisional indemnities paid for each of those compensation items must be deducted from the values, costs and indemnities.

In addition, indemnities that must be returned by the divested party do not bear interest.

Despite the first paragraph, if a delay is attributable to the divested party, the Tribunal may suspend, for the period it determines, the application of the interest rate on a value, cost or indemnity.

2023, c. 27, s. 121.