EXPROPRIATION OF CATEGORY IA OR IA-N LAND BY QUEBEC
Marginal note:Definition of “expropriating authority”
118. In this Part, “expropriating authority” means
(a) Quebec; or
(b) any public body having the power of expropriation under the laws of the Province and specifically authorized by Quebec to carry out the expropriation in question.
119. (1) An expropriating authority may not expropriate any Category IA or IA-N land or any interest therein except as provided by this Part.
Marginal note:Quebec Expropriation Act
(2) The Expropriation Act (Quebec) applies to expropriations under this Part, except to the extent that it is inconsistent with or in conflict with this Act, in which case this Act prevails to the extent of the inconsistency or conflict.
Marginal note:Expropriation of IA and IA-N land for public services or structures
120. (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA or IA-N land or any building thereon, or may expropriate a servitude over any Category IA or IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures:
(a) infrastructures, such as regional roads and arteries, bridges, airports, maritime structures and protection and irrigation facilities;
(b) services normally provided by local or municipal governments, including water systems, sewers, purification plants, treatment plants and fire protection services;
(c) public utilities, including electricity, gas and oil, and telephone and other types of telecommunications;
(d) gas or oil pipelines, and energy transmission lines, subject to subsection (2); and
(e) any other service or structure similar to those mentioned in paragraphs (a) to (d) established pursuant to the laws of the Province.
Marginal note:Pipelines and transmission lines
(2) An expropriating authority may expropriate for a purpose mentioned in paragraph (1)(d) only if
(a) the expropriating authority has previously made all reasonable efforts to locate the pipeline or transmission line on
(i) Category III land,
(ii) Category II land, in the case of an expropriation of Category IA land or of a servitude over Category IA land, or
(iii) Category II-N land, in the case of an expropriation of Category IA-N land or of a servitude over Category IA-N land
and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA or IA-N land, as the case may be; and
(b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA or IA-N land, and, in the case of Category IA land, at least eight kilometres from such centre.
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