16. The following are empowered to acquire, by mutual agreement or by expropriation, property necessary to carry out an infrastructure project:
(1) the minister responsible for transport, whether on the minister’s own behalf or on another’s behalf; and
(2) whoever is empowered, under another Act, to so acquire such property; in such a case, they have the same rights, powers and obligations as those assigned by this division to the minister responsible for transport, with the necessary modifications.
For the purposes of subparagraph 2 of the first paragraph, whoever intends to acquire such property for the purpose of carrying out a project that must be the subject of a report by the minister under section 68 must notify the minister of their intention.
If applicable, the minister must, within 30 days of receiving the notice provided for in the second paragraph, inform whoever intends to acquire the property of the minister’s intention to acquire that property himself or herself, in which case only the minister may acquire the property.
Despite section 11.1 of the Act respecting the Ministère des Transports (chapter M-28), an acquisition provided for in the first paragraph does not require government authorization.
2020, c. 272020, c. 27, s. 16.