11. When underground construction work related to the Network project is undertaken, Ville de Québec becomes, on commencement of the work, without other formality or compensation 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 metres underground. In addition, Ville de Québec 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 kilopascals.
However, Ville de Québec must, on commencement of the work, notify the owner of the land of the work and of the provisions of this section. In the year following completion of the work, Ville de Québec must deposit in its archives a copy of a plan certified by the head of the department concerned and showing the horizontal projection of the tunnel. It must register the plan in the registry office and the registrar must receive the plan and make a notation of it in the land register.
If the transfer of ownership provided for in the first paragraph concerns land in the domain of the State, it is subject to the reserve provided for in section 75 of the Cultural Heritage Act (chapter P-9.002).
2019, c. 152019, c. 15, s. 11.