The Québec City Tramway and Expropriation: Your Rights Under the New Law

I received an expropriation notice. How can I tell if the offer I received is reasonable? 

An accredited appraiser with expertise in expropriation can assist you in determining whether the offer received adequately reflects the compensation to which you are entitled, which includes the immovable indemnity, reparation for injuries, loss of suitability value, and trouble, nuisance and inconvenience. In addition, the costs of the expert assessment may be reimbursed. 

I received an expropriation notice. Is there a deadline for responding to the City’s offer? 

You have two months from the date you receive the expropriation notice to submit your response to the Tribunal administratif du Québec and to the expropriating authority.  

It is important to respect this deadline. If you do not respond within the specified time frame, the process of determining the compensation may proceed without your participation. 

Moreover, when a property subject to expropriation is occupied by tenants or occupants in good faith, the expropriated party must provide the expropriating party, within 30 days of receiving the expropriation notice, with a copy of the leases and other occupancy agreements in effect. This step, in particular, allows the expropriating party to inform the affected occupants of the procedures and deadlines that apply to them. 

If I dispute the amount of the compensation, aside from my response, do I need to provide any other documents to the Tribunal? 

Yes. If you dispute the amount of compensation offered, you must submit a detailed declaration to the Tribunal administratif du Québec and to the expropriating party within four months of receiving the expropriation notice. This document allows you to specify the nature of your claim and the compensation you believe you are entitled to receive. 

This declaration may be amended or withdrawn at a later date, provided that doing so does not delay the proceedings or prejudice the interests of justice. 

Time limits also apply to the submission of expert reports and other evidence to be presented in the proceedings. 

If I am not satisfied with the City’s offer, am I absolutely required to go through the Tribunal to have the amount of compensation established? 

Not necessarily. Even after an expropriation notice has been served, it is still possible to negotiate with the expropriating party to reach an agreement on the amount of compensation. Discussions may continue throughout the process, and an agreement may be reached before the Tribunal renders a decision. The law also provides that, before a judge hears the case, the parties generally participate in a mediation session. Only if negotiations and mediation fail to resolve the dispute will the Tribunal be called upon to determine the amount of compensation to which you are entitled.  

In this context, the guidance of a lawyer and an accredited appraiser can be particularly helpful in supporting you during discussions with the expropriating party and in helping you assert your rights. 

How much compensation am I entitled to if my property is expropriated? 

Unlike the previous system, the 2023 reform bases part of the compensation on the market value of the expropriated right, which is determined based on the land’s highest and best use. You will first be entitled to a provisional indemnity equal to at least 100% of the market value of the expropriated right stated in the expropriation notice. The final compensation may then include other amounts intended to compensate for the actual consequences of the expropriation, including certain property damages, loss of suitability value, and the trouble, nuisance and inconvenience suffered. This means that even when two properties have similar characteristics, the compensation awarded may vary depending on the specific circumstances of each property. 

Can I receive compensation for the loss of a project that was to be carried out on the expropriated land? 

Yes. Compensation may be awarded for the loss of a development project that was planned for the expropriated land; however, such compensation is possible only if certain conditions are met. In particular, work must be scheduled to begin within three years following the expropriation; no unforeseen circumstances may prevent, delay or condition the project’s completion; all necessary permits must have been obtained; and the expropriated party must not be able to carry out the project on another property. In addition, the project must be profitable and feasible under applicable laws and regulations. 

The expropriated public way runs very close to my residence. Is the City required to compensate me? 

It depends on the specific impact of the expropriation on your property. When only part of a property is expropriated, additional compensation may be awarded if the expropriation causes direct prejudice to the portion that remains yours. For example, compensation may be claimed if the expropriation reduces the accessibility, usefulness or functionality of your residence or the retained land, or if it necessitates redevelopment work. 

In some situations, you may also request the complete expropriation of your property. Notably, this option may be considered when the portion that remains in your possession may no longer be used according to the highest and best use of the expropriated immovable, given its condition at the time of the expropriation. 

It is important to distinguish, however, between the prejudice caused by the expropriation itself and that resulting from the project that will subsequently be carried out. As a general rule, the disadvantages associated with a public structure built on the expropriated land do not give rise to compensation as part of the expropriation process. It is therefore essential to correctly identify the prejudice being claimed in order to demonstrate that it results directly from the expropriation and not from the infrastructure that may eventually be built. 

How long do I have to find another residence if my property is completely expropriated? 

You will not be required to vacate your property immediately upon receipt of the expropriation notice. The date by which the property must be vacated must be specified in this notice and must comply with the minimum time limits established by law. 

These time frames vary depending on the situation. They are generally four months, but may be extended to six months when the property serves as the residence of a tenant or an occupant in good faith. 

If serious circumstances warrant it, however, you may ask the Tribunal administratif du Québec to postpone the date by which you must vacate the property. The Tribunal may then grant an extension of up to six months.

Can I challenge the City’s right to expropriate my property? 

Unfortunately, no. To enable the construction of Québec’s tramway, the legislature granted the City the authority to expropriate the land, property and other rights necessary for the construction and operation of the network, subject to certain exceptions provided for by law. 

This does not mean that you have no recourse, however. You can always assert your rights regarding the compensation offered to you and request fair compensation for the consequences of the expropriation.

Can the City enter my property before the expropriation date? 

Yes, but under certain conditions. The Act respecting expropriation allows the expropriating party to access a property in order to carry out preparatory work necessary for the study, design or execution of a project, such as surveys, inspections, inventories or analyses; however, at least 10 days’ notice must be given to the owner or the person in charge of the property. This notice must, in particular, specify the nature of the proposed work and the reasons justifying its execution. Once the work is complete, the expropriating party must restore the premises to their original condition. If this work causes prejudice, the expropriated party may file a claim for compensation with the Tribunal administratif du Québec. 

Have you received an expropriation notice for the Québec tramway project or any other public project? 

Our Expropriation Law team can assess your situation, review the offer you’ve received, and assist you with your proceedings before the Tribunal administratif du Québec.  

Your lawyer can assist you in ensuring that you meet the legal deadlines for filing various legal proceedings, as well as represent you before the Tribunal administratif du Québec.