R-25.02 - Act respecting the Réseau électrique métropolitain

Section 8 Disposition versions

2023-12-29

8. An expropriation decided by the Minister under the second paragraph of section 11.1 of the Act respecting the Ministère des Transports (chapter M-28) for the REM project does not require the Government’s prior authorization.

In such a case, the Minister’s notice of transfer provided for in section 9 of this Act replaces the notice of transfer of right provided for in section 38 of the Act respecting expropriation (chapter E-25). The Minister’s notice of transfer must be sent to the expropriated party but need not be served. The divested parties may not apply to remain in possession of the expropriated property.

Consequently, the first paragraph of section 4, the obligation to have a notice served set out in the second paragraph and subparagraph 2 of the third paragraph of section 38, and section 42 of the Act respecting expropriation do not apply to such an expropriation. The other provisions of that Act apply, with the necessary modifications.

2017, c. 17, s. 8; 2023, c. 27, s. 210.

2017-09-27

8. An expropriation decided by the Minister under the second paragraph of section 11.1 of the Act respecting the Ministère des Transports (chapter M-28) for the REM project does not require the Government’s prior authorization required under the Expropriation Act (chapter E-24).

In such a case, in addition to the particulars required under section 40 of the Expropriation Act, the notice of expropriation must specify the date before which the expropriated party, lessee or occupant in good faith must vacate the premises. The expropriating party’s right to expropriate may not be contested and the 30-day period provided for in section 46 of that Act begins on the date of service of the notice of expropriation. The Minister’s notice of transfer provided for in section 9 of this Act replaces the notice of transfer of title provided for in paragraph 1 of section 53 and in section 53.1 of the Expropriation Act. The Minister’s notice of transfer must be sent to the expropriated party but need not be served. In addition, the provisional indemnity, in the cases referred to in section 53.13 of that Act, is set by the Minister and includes the indemnity the Minister considers reasonable for the injury directly caused by the expropriation, to the extent that the documents justifying the indemnity and required under the notice of expropriation were provided within 30 days after the date of service of that notice. The expropriated party, lessee and occupant in good faith may not request to retain possession of the expropriated property.

Consequently, the first paragraph of section 36, the portion of subparagraph 3 of the first paragraph of section 40 after “Tribunal”, sections 44 to 44.3, the first sentence of section 53.2, section 53.3, paragraph 2 of section 53.4 and sections 53.5, 53.7 and 53.14 of the Expropriation Act do not apply to such an expropriation. The other provisions of that Act apply with the necessary modifications.

2017, c. 17, s. 8.