S-30.01 - Act respecting public transit authorities

Section 162.3 Disposition versions

2023-12-29

162.3. (Repealed).

2019, c. 15, s. 21; I.N. 2021-12-01; 2023, c. 27, s. 220.

2021-11-08

162.3. Where underground construction work is undertaken, as of the commencement of the work and without other formality or indemnity but subject to an action for damages, the Société de transport de Québec shall become 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, the Société 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, the Société de transport de Québec shall, on the commencement of the work, notify the owner of the land of the work and of the provisions of this section. In the year following the completion of the work, the Société shall deposit in its archives a copy of a plan certified by the head of the department concerned, showing the horizontal projection of the tunnel. It shall register the plan in the Land Registry Office and the Land Registrar shall receive the plan and make a notation in its respect 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. 15, s. 21; I.N. 2021-12-01.

2019-06-19

162.3. Where underground construction work is undertaken, as of the commencement of the work and without other formality or indemnity but subject to an action for damages, the Société de transport de Québec shall become 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, the Société 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, the Société de transport de Québec shall, on the commencement of the work, notify the owner of the land of the work and of the provisions of this section. In the year following the completion of the work, the Société shall deposit in its archives a copy of a plan certified by the head of the department concerned, showing the horizontal projection of the tunnel. It shall register the plan in the registry office and the registrar shall receive the plan and make a notation in its respect 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. 15, s. 21.