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V-1.2 - Act respecting off-highway vehicles

Section 87.1
Disposition versions

Full text
87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and the earlier of 31 December 2020 and the date of assent to an Act to reform the framework governing the operation of off-highway vehicles and traffic on trails, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.
Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the damage is the contravention of a provision of this Act or a regulation under this Act or if the damage results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.
From 29 November 2006, the first paragraph shall apply only to events occurring as of that date on the trails that form part of the interregional network established by order of the Minister published in the Gazette officielle du Québec. Any order altering the network must be made after consulting with the regional county municipalities concerned and, if it is concerned, any responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).
For the purposes of the third paragraph, a local municipality whose territory is not included in that of a regional county municipality is considered a regional county municipality. The same is true of a responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), as regards the territory or community it represents.
2004, c. 27, s. 1; 2006, c. 12, s. 24; 2009, c. 26, s. 109; 2010, c. 33, s. 20; 2015, c. 8, s. 270; 2017, c. 25, s. 1; 2019, c. 31, s. 1.
87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 1 January 2020, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.
Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the damage is the contravention of a provision of this Act or a regulation under this Act or if the damage results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.
From 29 November 2006, the first paragraph shall apply only to events occurring as of that date on the trails that form part of the interregional network established by order of the Minister published in the Gazette officielle du Québec. Any order altering the network must be made after consulting with the regional county municipalities concerned and, if it is concerned, any responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).
For the purposes of the third paragraph, a local municipality whose territory is not included in that of a regional county municipality is considered a regional county municipality. The same is true of a responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), as regards the territory or community it represents.
2004, c. 27, s. 1; 2006, c. 12, s. 24; 2009, c. 26, s. 109; 2010, c. 33, s. 20; 2015, c. 8, s. 270; 2017, c. 25, s. 1.
87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 1 December 2017, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.
Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the damage is the contravention of a provision of this Act or a regulation under this Act or if the damage results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.
From 29 November 2006, the first paragraph shall apply only to events occurring as of that date on the trails that form part of the interregional network established by order of the Minister published in the Gazette officielle du Québec. Any order altering the network must be made after consulting with the regional county municipalities concerned and, if it is concerned, any responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).
For the purposes of the third paragraph, a local municipality whose territory is not included in that of a regional county municipality is considered a regional county municipality. The same is true of a responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), as regards the territory or community it represents.
2004, c. 27, s. 1; 2006, c. 12, s. 24; 2009, c. 26, s. 109; 2010, c. 33, s. 20; 2015, c. 8, s. 270.
87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 1 December 2017, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.
Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the damage is the contravention of a provision of this Act or a regulation under this Act or if the damage results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.
From 29 November 2006, the first paragraph shall apply only to events occurring as of that date on the trails that form part of the interregional network established by order of the Minister published in the Gazette officielle du Québec. Any order altering the network must be made after consulting with the regional conferences of elected officers concerned, established under the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).
2004, c. 27, s. 1; 2006, c. 12, s. 24; 2009, c. 26, s. 109; 2010, c. 33, s. 20.
87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 1 May 2011, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.
Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the damage is the contravention of a provision of this Act or a regulation under this Act or if the damage results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.
From 29 November 2006, the first paragraph shall apply only to events occurring as of that date on the trails that form part of the interregional network established by order of the Minister published in the Gazette officielle du Québec. Any order altering the network must be made after consulting with the regional conferences of elected officers concerned, established under the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).
2004, c. 27, s. 1; 2006, c. 12, s. 24; 2009, c. 26, s. 109.
87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 1 May 2011, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.
Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the damage is the contravention of a provision of this Act or a regulation under this Act or if the damage results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.
From 29 November 2006, the first paragraph shall apply only to events occurring as of that date on the trails that form part of the interregional network established by order of the Minister published in the Gazette officielle du Québec. Any order altering the network must be made after consulting with the regional conferences of elected officers concerned, established under the Act respecting the Ministère des Affaires municipales et des Régions (chapter M-22.1).
2004, c. 27, s. 1; 2006, c. 12, s. 24.
87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 1 May 2011, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.
Legal action may be brought against the operator or owner of an off-highway vehicle, however, if the cause of the damage is the contravention of a provision of this Act or a regulation under this Act or if the damage results from the commission of an intentional or gross fault by the operator or owner in operating the vehicle.
2004, c. 27, s. 1; 2006, c. 12, s. 24.
87.1. No legal action founded on neighbourhood disturbances or any other damage relating to noise, odours or other contaminants may be brought for facts occurring between 16 December 2001 and 1 May 2006, if the alleged damage is due to the operation of a vehicle to which this Act applies in places authorized under this Act or a regulation under this Act.
Legal action against the operator or owner of an off-highway vehicle alleged to have contravened a provision of this Act or a regulation under this Act is, however, admissible.
2004, c. 27, s. 1.
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