M-28 - Act respecting the Ministère des Transports

Section 11.1.2 Disposition versions

2023-12-29

11.1.2. As part of an expropriation procedure carried out by the Minister of Transport under this Act or any other Act, the Minister may give the notice of transfer of right and the notice of intention to register a notice of transfer provided for in section 38 of the Act respecting expropriation (chapter E-25) and cause the notice of transfer of right to be registered in the land register.

2016, c. 8, s. 75; 2017, c. 17, s. 68; 2020, c. 17, s. 89; 2023, c. 27, s. 206.

2021-11-08

11.1.2. When construction work is undertaken on a tunnel related to a public works project, including a shared transportation infrastructure project, the Minister or the authority on whose behalf the Minister acquires property under section 11.1 becomes, on commencement of the work, without other formality or indemnity but subject to an action for damages, the owner of the underground volume occupied by the tunnel and of the area extending five metres outward from the interior concrete wall of the tunnel if the upper limit of the tunnel is at least 15 m underground. In addition, the Minister or the authority, as applicable, is deemed to hold a legal servitude established in favour of the volume occupied by the tunnel and limiting the stress that may be applied to the upper surface of the volume to 250 kPa.

However, whoever undertakes such work must, on its commencement, notify the owner of the immovable of the existence of the work and of the provisions of this section. In the year following completion of the work, he shall deposit in his archives a copy of a plan certified by a person he has authorized and showing the horizontal projection of the tunnel. He shall register the plan in the Land Registry Office and the Land Registrar must receive the plan and make a notation of it in the land register.

This section does not apply to property in the domain of the State.

2016, c. 8, s. 75; 2017, c. 17, s. 68; 2020, c. 17, s. 89.

2017-09-27

11.1.2. When construction work is undertaken on a tunnel related to a public works project, including a shared transportation infrastructure project, the Minister or the authority on whose behalf the Minister acquires property under section 11.1 becomes, on commencement of the work, without other formality or indemnity but subject to an action for damages, the owner of the underground volume occupied by the tunnel and of the area extending five metres outward from the interior concrete wall of the tunnel if the upper limit of the tunnel is at least 15 m underground. In addition, the Minister or the authority, as applicable, is deemed to hold a legal servitude established in favour of the volume occupied by the tunnel and limiting the stress that may be applied to the upper surface of the volume to 250 kPa.

However, whoever undertakes such work must, on its commencement, notify the owner of the immovable of the existence of the work and of the provisions of this section. In the year following completion of the work, he shall deposit in his archives a copy of a plan certified by a person he has authorized and showing the horizontal projection of the tunnel. He shall register the plan in the registry office and the registrar must receive the plan and make a notation of it in the land register.

This section does not apply to property in the domain of the State.

2016, c. 8, s. 75; 2017, c. 17, s. 68.

2017-06-01

11.1.2. When construction work is undertaken on a tunnel related to a public works project, including a shared transportation infrastructure project, the Minister or the authority on whose behalf the Minister acquires property under section 11.1 becomes, on commencement of the work, without other formality or indemnity but subject to an action for damages, the owner of the underground volume occupied by the tunnel and of the area extending five metres outward from the interior concrete wall of the tunnel if the upper limit of the tunnel is at least 15 m underground. In addition, the Minister or the authority, as applicable, is deemed to hold a legal servitude established in favour of the volume occupied by the tunnel and limiting the stress that may be applied to the upper surface of the volume to 250 kPa.

However, whoever undertakes such work must, on its commencement, notify the owner of the immovable of the existence of the work and of the provisions of this section. In the year following completion of the work, he shall deposit in his archives a copy of a plan certified by a person he has authorized and showing the horizontal projection of the tunnel. He shall register the plan in the registry office and the registrar must receive the plan and make a notation of it in the land register.

2016, c. 8, s. 75.