C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 294 Disposition versions

2001-01-01

1999-10-22

1996-05-08

1996-01-01

1994-07-20

1985-06-20

1985-02-01

1983-10-01

1982-07-11

0001-01-01

294. The Community shall be authorized to extend, within the territory mentioned in Schedule A as well as to a point located within the City of Laval, the public transport system called the “Metro”. For such purpose, the Community may:

(a)  construct underground lines and their accessories, surface, depressed or elevated lines, and branches and their accessories;

(b)  with the approval of the Government, agree with any railway company to purchase, take on lease or use in any manner the railway tracks of such company for the purposes of establishing a rapid transit system for passengers;

(c)  construct underground or surface stations and all things necessary for the operation of the Metro;

(d)  purchase, take on lease or use all servitudes, rights of way or immoveables needed for the operation of the Metro;

(e)  purchase, take on lease or use all servitudes and all temporary rights on immoveables during the period necessary for construction;

(f)  order that the property and rights mentioned in paragraphs d and e may be acquired by expropriation;

(g)  regulate the use of space in, above and near the Metro lines to ensure the safety of the works of the Metro;

(h)  build means of access to the Metro inside commercial or other establishments and on private lots; acquire servitudes and rights of way for such purpose by mutual agreement or by expropriation;

(i)  for the functioning and operation of the Metro and its stations, establish, construct, lay out, possess and operate, itself or through another person, parking lots, taxi stands, bus terminals and any other thing necessary thereon;

(j)  acquire by mutual agreement or by expropriation any immoveable or servitude situated in the vicinity of any construction, space, or thing necessary to the functioning of the Metro, with a view to enabling a better layout of access to the Metro and the said immoveables. However, prior approval of the municipality where such immoveable or servitude is located, shall be required;

(k)  subdivide, resubdivide, exchange or sell, in whole or in part, any immoveable, part of immoveable or property right whatsoever of which it has become the owner pursuant to subparagraph j.

Any agreement between the Community and the City of Laval respecting the extension of the Metro must be ratified by the Minister and the Minister of Transport.

The operation of such extensions shall be under the jurisdiction of the Commission, which shall exercise for such purposes the powers provided in section 292, nevertheless the operation of such extension in the territory of the city of Laval shall be ensured jointly by the Commission and the Commission de transport de la ville de Laval in accordance with the terms of the agreement provided for in the preceding paragraph; the Community, upon completion of the works, shall transfer the works, immoveable rights, moveable property and other rights necessary for such operation to the Commission; the service of the debt affecting the property and rights transferred to the Transit Commission shall be apportioned as a deficit of the Commission, and the service of the debt affecting the other property and rights acquired by the Community shall be apportioned as an expense of the Community.

Notwithstanding the apportionment of the debt service provided for in this section, the bonds, notes and other securities issued by the Community for the purpose of extending the public transport system called the “Metro” and provided for in this section shall constitute direct and general obligations of the Community and of the municipalities mentioned in Schedules A and B to this act and the Community and the said municipalities shall be jointly and severally responsible towards such holders for the repayment of such bonds, notes and other securities, in principal, interest and other accessories, and for all other obligations contracted by the Community towards the aforesaid holders.

In the case of an expropriation for the purposes of this section, the Community shall possess, mutatismutandis, the powers provided in paragraphs a and c of section 956 of the charter of the City of Montréal.

When an expropriation is decided upon by the Community for the purposes provided for in this section and except when the object of the expropriation is a servitude or a right which affects only the subsoil of an immoveable or when a municipality already has manifested its intent not to carry out the expropriation itself, the Community shall offer to the municipality in which is situated an immoveable or a property right affected by such proposed expropriation to carry out the expropriation itself at its own cost and, subject to subparagraph j of this section, the Community shall not proceed with the expropriation unless such municipality fails to accept, by resolution, the offer of the Community, within thirty days following its receipt.

The municipality which has acquired an immoveable or a property right pursuant to subparagraph j possesses, mutatismutandis, the powers provided for in subparagraph k.

If the municipality so accepts the Community’s offer, it shall retain ownership of the expropriated immoveables, subject to the obligation of transferring gratuitously to the Community the property and immoveable rights necessary for the construction and operation of such extensions of the Metro.

1969, c. 84, s. 318; 1971, c. 90, s. 34; 1971, c. 99, s. 25; 1972, c. 55, s. 137; 1974, c. 82, s. 42; 1977, c. 5, s. 14.