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H-5 - Hydro-Québec Act

Section 31
Disposition versions

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31. (1)  The conduits, wires, meters and other apparatus placed by the Company in any immovable cannot be seized by or against the owner of the immovable and do not form part of the immovable in which they are placed.
(2)  Where the Company has sold movable property and the price has not been paid, it may exercise the right to revendicate the property subject only to the condition that the property can be identified, notwithstanding article 1741 of the Civil Code.
(3)  The property in the possession of the Company is imprescriptible in the same way as the property of the domain of the State. This provision does not apply to debts owing to the Company or for which it is liable, which are subject to the ordinary provisions of law.
(4)  The Company shall have a legal hypothec for the price of power supplied for the carrying on of an industrial or commercial enterprise.
The legal hypothec affects the debtor’s property designated in the notice of registration and used for the carrying on of the enterprise.
R. S. 1964, c. 86, s. 31; 1978, c. 41, s. 1; 1983, c. 15, s. 20; 1992, c. 57, s. 588; 1999, c. 40, s. 145.
31. (1)  The conduits, wires, meters and other apparatus placed by the Corporation in any immovable cannot be seized by or against the owner of the immovable and do not form part of the immovable in which they are placed.
(2)  Where the Corporation has sold movable property and the price has not been paid, it may exercise the right to revendicate the property subject only to the condition that the property can be identified, notwithstanding article 1741 of the Civil Code of Québec.
(3)  The property in the possession of the Corporation is imprescriptible in the same way as the property of the public domain. This provision does not apply to debts owing to the Corporation or for which it is liable, which are subject to the ordinary provisions of law.
(4)  The Corporation shall have a legal hypothec for the price of power supplied for the carrying on of an industrial or commercial enterprise.
The legal hypothec affects the debtor’s movable or immovable property designated in the notice of registration and used for the carrying on of the enterprise.
R. S. 1964, c. 86, s. 31; 1978, c. 41, s. 1; 1983, c. 15, s. 20; 1992, c. 57, s. 588.
31. (1)  The conduits, wires, meters and other apparatus placed by the Corporation in any immoveable shall be free from any lessor’s privilege and shall not be seized by or against the owner of the immoveable, nor shall they form part of the immoveable in which they are placed.
(2)  Whenever the Corporation has sold any moveable property and the price thereof has not been paid, it may exercise the privileged right of revendicating the property or of receiving a preference on the price, subject only to the condition that the property can be identified, even in case of insolvency, notwithstanding the last paragraph of article 1998 and articles 1999 and 2000 of the Civil Code.
(3)  The property in the possession of the Corporation shall be imprescriptible on the same footing as property of the public domain. This provision shall not apply to debts owing to the Corporation or for which it may be liable, which shall be subject to the ordinary provisions of law.
(4)  The Corporation shall have a privilege for the price of power supplied for the exploitation of industrial or commercial undertakings.
Such privilege shall affect the moveable and immoveable property of the debtor devoted to the exploitation of such undertakings and shall rank, reckoning from the exigibility of the claim, as to moveables, with the claims of the Crown contemplated by paragraph 10 of article 1994 of the Civil Code and, as to immoveables, without registration, after those of paragraph 9 of article 2009 of the said Code.
R. S. 1964, c. 86, s. 31; 1978, c. 41, s. 1; 1983, c. 15, s. 20.
31. (1)  The conduits, wires, meters and other apparatus placed by the Corporation in any immoveable shall be free from any lessor’s privilege and shall not be seized by or against the owner of the immoveable, nor shall they form part of the immoveable in which they are placed.
(2)  Whenever the Corporation has sold any moveable property and the price thereof has not been paid, it may exercise the privileged right of revendicating the property or of receiving a preference on the price, subject only to the condition that the property can be identified, even in case of insolvency, notwithstanding the last paragraph of article 1998 and articles 1999 and 2000 of the Civil Code.
(3)  The property in the possession of the Corporation shall be imprescriptible on the same footing as property of the public domain. This provision shall not apply to debts owing to the Corporation or for which it may be liable, which shall be subject to the ordinary provisions of law.
(4)  The Corporation shall have a privilege for the price of electric power supplied for the exploitation of industrial or commercial undertakings.
Such privilege shall affect the moveable and immoveable property of the debtor devoted to the exploitation of such undertakings and shall rank, reckoning from the exigibility of the claim, as to moveables, with the claims of the Crown contemplated by paragraph 10 of article 1994 of the Civil Code and, as to immoveables, without registration, after those of paragraph 9 of article 2009 of the said Code.
R. S. 1964, c. 86, s. 31; 1978, c. 41, s. 1.
31. (1)  The conduits, wires, meters and other apparatus placed by the Commission in any immoveable shall be free from any lessor’s privilege and shall not be seized by or against the owner of the immoveable, nor shall they form part of the immoveable in which they are placed.
(2)  Whenever the Commission has sold any moveable property and the price thereof has not been paid, it may exercise the privileged right of revendicating the property or of receiving a preference on the price, subject only to the condition that the property can be identified, even in case of insolvency, notwithstanding the last paragraph of article 1998 and articles 1999 and 2000 of the Civil Code.
(3)  The property in the possession of the Commission shall be imprescriptible on the same footing as property of the public domain. This provision shall not apply to debts owing to the Commission or for which it may be liable, which shall be subject to the ordinary provisions of law.
(4)  The Commission shall have a privilege for the price of electric power supplied for the exploitation of industrial or commercial undertakings.
Such privilege shall affect the moveable and immoveable property of the debtor devoted to the exploitation of such undertakings and shall rank, reckoning from the exigibility of the claim, as to moveables, with the claims of the Crown contemplated by paragraph 10 of article 1994 of the Civil Code and, as to immoveables, without registration, after those of paragraph 9 of article 2009 of the said Code.
R. S. 1964, c. 86, s. 31.
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