Acquisition of immovables by expropriation

The power to expropriate is primarily held by the Québec government and its ministries when authorized by their enabling legislation, as well as by municipalities, supramunicipal bodies and certain public bodies responsible for public-interest mandates. This power may only be exercised for a public purpose and in accordance with the conditions prescribed by law.

The following documents are intended for these authorities. They include the information texts required under the Act respecting expropriation. They accompany the main notices and documents sent to owners, tenants and occupants affected by an expropriation or by a reserve.

These documents also explain the stages of the process, the rights and obligations of the persons concerned, available remedies, compensation rules, and the legal effects of the various measures provided for under the Act.

The documents are as follows:

• Explanatory guide for people affected by an expropriation (DOCX 51 Kb), detailing the stages of the procedure, applicable deadlines, available remedies, and compensation rules.
• Explanatory guide for tenants or occupants affected by an expropriation (DOCX 47 Kb), outlining key deadlines, compensation mechanisms, available remedies, and the steps leading to the vacating of the expropriated immovable property.
• Information text for a notice of change to the vacancy date of an expropriated immovable (DOCX 34 Kb), explaining the consequences of changing the vacancy date of an expropriated immovable property and informing affected persons of their rights regarding consent and compensation for any resulting losses.
• Information text for a notice of discontinuance (DOCX 34 Kb), informing parties of the consequences of withdrawing from an expropriation proceeding, the remedies available to obtain compensation for losses incurred, and the rules governing the possible repayment of provisional indemnities.
• Information text for a notice of transfer of the expropriated right (DOCX 36 Kb), intended to inform persons affected by an expropriation about the terms governing the transfer of the expropriated right, legal requirements, available remedies, and the rules applicable to vacating the immovable property.
• Information text for a notice of intention to register a notice of transfer of the expropriated right (DOCX 35 Kb), explaining the consequences of the upcoming registration of a notice of transfer of right, particularly with respect to taking possession of the premises, conditions for vacating the immovable property, and remedies available to occupants.
• Information text for a notice of establishment of a reserve (DOCX 42 Kb), informing owners affected by a reserve of the restrictions applicable to their immovable property, the remedies available to contest the measure, and the compensation mechanisms provided by law for any resulting losses.
• Information text for a notice of acquisition of the benefit of a reserve (DOCX 37 Kb), explaining the effects of transferring the benefit of a reserve, the owner’s disclosure obligations, available remedies to contest the acquisition, and the continued application of the rights associated with the existing reserve.
• Information text for the existence of a reserve on a leased or occupied immovable (DOCX 39 Kb), intended to inform tenants and occupants of an immovable property subject to a reserve about the restrictions imposed, the duration of the measure, available compensation, and remedies provided by law.
• Information text for the existence of the acquisition of the benefit of a reserve (DOCX 35 Kb), intended to notify occupants and tenants that an existing reserve is now administered by a new beneficiary, while confirming that the effects and restrictions associated with the reserve remain unchanged.

For more information, please contact the Ministère’s office of your territorial directorate (in French only).