R-25.03 - Act respecting the Réseau structurant de transport en commun de la Ville de Québec

Section 7 Disposition versions

2023-12-29

7. Subject to sections 571 and 572 of the Cities and Towns Act (chapter C-19), Ville de Québec may, for the purposes of the Network project, expropriate any property required for the construction and operation of the Network.

In the case of an expropriation allowed under the first paragraph,

(1)  the municipality’s notice of transfer of ownership provided for in section 8 of this Act replaces the notice of transfer of right provided for in section 38 of the Act respecting expropriation (chapter E-25);

(2)  the municipality’s notice of transfer of ownership must be sent to the expropriated party but need not be served; and

(3)  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.

2019, c. 15, s. 7; 2023, c. 27, s. 212.

2019-06-19

7. Subject to sections 571 and 572 of the Cities and Towns Act (chapter C-19), Ville de Québec may, for the purposes of the Network project, expropriate any property required for the construction and operation of the Network.

In cases of expropriation allowed under the first paragraph,

(1)  the notice of expropriation must, in addition to the particulars required under section 40 of the Expropriation Act (chapter E-24), specify the date before which the expropriated party, lessee or occupant in good faith must vacate the premises;

(2)  the expropriating party’s right to expropriate may not be contested, and the 30-day period provided for in section 46 of that Act is replaced by a 90-day period that begins on the date of service of the notice of expropriation;

(3)  the municipality’s notice of transfer of ownership provided for in section 8 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;

(4)  the municipality’s notice of transfer of ownership must be sent to the expropriated party but need not be served;

(5)  the provisional indemnity, in the cases referred to in section 53.13 of the Expropriation Act, is set by Ville de Québec and includes the indemnity it 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;

(6)  the expropriated party, lessee and occupant in good faith may not request to retain possession of the expropriated property; and

(7)  the expropriation indemnity for property is set on the basis of the value of the property and of the injury directly caused by the expropriation on the date of the expropriation, but without taking into account the increased value attributable to the public announcement, made by Ville de Québec, of the planned route for the Network or the planned site of its stations.

Consequently, 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.

2019, c. 15, s. 7.