OF THE ACQUISITION AND EXERCISE OF RIGHTS OF PROPERTY
General provisions
587. The right of hunting and fishing is governed by particular laws of public policy, subject, to the legally acquired rights of individuals.
588. Things which are the produce of the sea, or are drawn from its bottom, found floating on its waters, or cast upon its shores, and which never had an owner, belong, by right of occupancy, to the finder who h as appropriated them.
58 9. Things once possessed, which are afterwards found at sea, or on the sea shore, or their price, if they hâve been sold, continue to be the property of the original owner, if he claim them and if he do not, they belong to the crown ; save in ail cases the daims of those who find and preserve them, for the salvage and préservation.
590. Whatever relates to wrecked ships and their cargo, the articles and fragments coming from them, the mode of disposing of them and of the price they bring, and the right of salvage, is specially regulated by the fédéral statute respecting wrecks, casualties and salvage. R. S. C., cap. 81.
591. The grass upon the beaches of the river St. Lawrence which are not private property, is, in certain places, granted by spécial laws or particular titles to the riparian proprietor, under the restrictions imposed by law or by régulations. — In other cases, if the crown hâve not otherwise disposed of it, it belongs by right of occupancy to him who cuts it.
592. Things found in or upon the river St. Lawrence or the navigable portions of its tributaries, or upon the banks thereof, must be advertised and disposed of in the manner provided by spécial laws. R. S. C., cap. 55, s. 38.
593. Things found on the ground, on the public highways oi elsewhere, even on the property of others, or which are otherwise without a known owner, are, in many cases, subject to spécial laws, as to the public notices to be given, the owner’ s right to claim them, the indemnification of the finder, their sale, and the appropriation of their price.
In the absence of such provisions, the owner who has not voluntarily abandoned them, may claim them in the ordinary manner, subject to the payment when due, of an indemnity to the person who found and preserved them ; if they be not claimed, they belong to such person by right of occupancy.
Unnavigable rivers are for the purposes of this article, considered as places on land.
PROVINCIAL STATUTARY LAWS.
Law in virtue whereof, the hydraulic powers, and the beds of rivers are granted since 1916. — 6 Geo. V, ch. 17, s. 1.
15 24a. Whatever may hâve been the System of Government in force, the authority which in the past has had the control and administration of public lands in the territory now forming the Province of Quebec, or any part thereof, has always had the power to alienate or lease, to such extent as was deemed advisable, the beds and banks of navigable rivers and lakes, the bed of the sea, the seashore and lands reclaimed from the sea, comprised within the said territory and forming part of the public domain.
From and after the 16th of March, 1916, every alienation or lease of one or more of the properties mentioned in the foregoing paragraph may be affected solely with the express authorization of the Lieutenant-Governor in Council, and on such conditions and under such restrictions as he may détermine. 6 Geo. V, c. 17, s. 1.
Déclaration that Govt of territory now forming province always had power to alienate beds of rivers, <fcc.
Formalities for friture aliénations.
Owners of certain waterpowers may expropriate adjoining lands, &c.
Wliat may be expropriated.
Immoveable properties etc., necessary for factories, etc.
Immoveable property necessary for certain roads, &e.
When expropriation to take place.
Expropriation of part of lot only.
Matters in connection with the Civil Code. — [Arts 406 and
following.]
Expropriation of lands required for the development AND TJTILIZ ATION OF CERTAIN WATER-POWERS. -
These laws apply to navigable and non navigable r [vers. ( See nos 80 to 89 inclus .)
7 287. Every water-power formed by a lake, pond, water-course or river, whether floatable or not, belonging to any person, is declared to be a matter of public interest and the proprietor thereof may proceed to expropriate the adjacent lands so as to allow him to utilize such water-power in the manner and subject to the conditions mentioned in this section. 9 Ed. VII, c. 68, s. 1.
7 288. The following alone shall be subject to expropriation under this section :
“ 1. Immoveable properties or any part thereof, and riparian rights necessary for the establishment of factories, manufactories and their dependencies, and for the construction and maintenance of dams, dikes, canal, pipes and sluices susceptible of being affected by such establishment, construction or maintenance.”
2. Immoveable properties or any part thereof, necessary for roads communicating with the most convenient highway, as well as for the posts, wires, conduits and apparatus used for the transmission of power, light or heat, subject to the approval of the municipal council of the localitv when such posts, wires, conduits and apparatus are placed on a highway. 9 Ed. VII, c. 68, s. 2 and 4 Geo. V, ch. 55, s. 1.
7 2 89. Such expropriation under this section shall not take place except for the benefit of a water-power of an average natural force of at least two hundred horse power, and large enough for industrial purposes, and shall in no case préjudice an industry already established or waterworks supplying a municipality wholly or in part. 9 Ed. VII, c. 68, s. 3.
7 2 89a. Except in cities, towns and villages, when proceedings may be had for the expropriation of any lot or part thereof, such expropriation may be confined to
the part of the lot strictly required for putting up pôles or towers, with, in addition, a servitude giving the righf to place such pôles or towers, to put thereon the necessary wires and apparatus for the transmission of power, light and heat, together with a right of way over the land for the purpose of repairing and keeping such pôles, towers, wires and apparatus in good order. 9 Geo. V, ch. 68, s. 1.
72896. When the pôles or towers are put up, it shall be the duty of the party expropriating the land, to put it back in good order so that the owner or possessor thereof may use it, as before, as conveniently as possible. 9 Geo. Y, ch. 68, s. 1.
7290. In no case shall any proceedings be had to expropriate any land or part thereof, or the servitude mentioned in article 7289a until a plan prepared by a Quebec landsurveyor, mentioning the land to be expropriated with a sufficient description thereof, has been served by a bailiff upon the proprietor of such land. 9 Ed. VII, c. 68, s. 4 and 9 Geo. V, ch. 68, s. 3.
7291. No expropriation proceedings shall be had unless the Lieutenant-Governor in Council, upon application of one of the parties, notice whereof must be given to the other, has been approved of the area to be expropriated.
“ The application for approval must be made by pétition to the Minister of Lands and Forests, accompanied by plans of the land to be expropriated and by reasons in support of the application”. 9 Ed. VII, ch. 68, s. 5 and 10 Geo. Y, ch. 74, s. 1.
7 292. The offer of indemnity, the appointment of arbitrators, the proceedings in expropriation, the fixing of the indemnity, and the other formalities, shall be subject to the applicable' provisions of the law of the Province relating to railways in force at the time of the expropriation. 9 Ed. VIT, ch. 68, s. 6 and 4 Geo. Y, ch. 55, s. 2.
729.3. The expropriating party shall not take possession of the property expropriated, nor exercice the servitude until after the award of the arbitrators is rendered and the indemnity paid.
Land to be restored in good order.
Service of plan upon person to be expropriated.
Approval by L.-G in C.
Railway expropriation, law to apply.
When possession to be taken.
Appeal, &c.
Right to expropriate underground way.
Where Crossing is shortest
Earth to be levelled.
Servitude of right to make repairs.
But the Court or a judge thereof may grant immédiate possession of the land to be expropriated in conformity with the provisions of art. 6579. 9 Ed. VII, ch. 68, s. 7 ; 4 Geo. V, ch. 55, s. 3 and 9 Geo. V, ch. 68, s. 2.
7294. There shall, at the instance of either party, be an appeal on the facts and on the law, by action in the Superior Court, within thirty days following the service of the award upon either party, and the appeal shall suspend the right to take possession unless the court, upon pétition to that effect, and upon the conditions which it thinks proper, otherwise orders. 9 Ed. VII, ch 68, s. 8.
EXPROPRIATION OP THE WAY REQUIRED FOR THE LAYING OF PIPES FOR BRINGING WATER TO A PULP OR PAPER MILL.
7294a. The proprietor or tenant of a pulp or paper mill whose site has no direct connection with any water supply which he has the right to use, and the water of which he has the right to divert, may expropriât^ an underground way across any land so as, by doing the necessary digging to lay pipes, to bring the water necessary for the operation of his pulp or paper mill.
The way must be had on the side where the Crossing is shortest from his land to such water supply. It should however be established over the part where it will be least injurious to him upon whose land it is granted. 4 Geo. V, ch. 55, s. 4.
72946. As soon as the laying of the pipes underground is finished, it shall be the duty of the expropriating party to level the earth in such a manner that the proprietor or occupant may make use of his land as before, in the most convenient way possible. 4 Geo. V, ch. 55, s. 4.
7 294c. The right of way for the laying of underground pipes shall include also a servitude in favour of the expropriating party to make any repairs which may afterwards be necessary, upon payment of the actual damages which may be suffered by the proprietor or occupant of the land. 4 Geo. V, ch. 55, s. 4.
7294 d. The provisions of articles 7290 to 7294 shall apply to the expropriation authorized by this sub-section. However, the costs of the expropriation, whatever be the effect of the award made by the judge, shall be borne by the expropriating party, unless the judge décidé otherwise”. 4 Geo. V, ch. 55, s. 4.
R. S. 7290- 7294 to apply.
Proprietors of lands may improve watercoursea adjoining them.
Approval of Lt.-Gov. in C. required i n certain case.
Plans and spécifications.
On penalty of démolition.
Application by pétition.
Right of riparian proprietors to improve water-Courses — - Real Servitudes — (Arts. 499 and following Civil Code).
72î>5. Every proprietor of land may improve any watercourse bordering upon, running along or passing across his property, and may turn the same to account by the construction of mills, manufactories, works and machinery of ail kinds, and for this purpose may erect and construct in and about such water-course, ail the works necessary for its efficient working, such as flood-gates, flumes, embankments, dams, dikes and the like. R. S. Q., 5535. Art. 503, C. C.
7295a. 1. No flood-gate, flume, embankment, dam, dike or similar work, the construction or maintenance of which will cause public property or the property of third persons or public or private rights to be affected, either by the backing up of the water or otherwise, shall be constructed or maintained in any of the water-courses referred to in article 7295, unless the site on which it is to be constructed has been approved by the Lieutenant-Governor in Council, nor unless it is constructed and maintained in accordance with plans and spécifications likewise approved by the Lieutenant-Governor in Council.
. 2. If any such work is constructed without such approval, or if, after having been constructed, it is not kept up in accordance with the plans and spécifications which hâve been so approved, the démolition of such work and the restoration of such public or private land to its original condition or to a condition as nearly as possible approaching thereto, may be ordered by any court of competent jurisdiction, upon an ordinary action instituted by the Crown or by any interested party, according as the land taken, occupied or affected is public or private property, without préjudice to any other recourse at law.
3. Any corporation, partnership or per son intending to establish, in any water referred to in article 7295, any of the works mentioned in that article, must make application by pétition to the Lieutenant-Governor in Council, and forward such pétition to the Minister of Lands and Forests, with a plan, spécifications and a mémorandum showing the site chosen, the nature of the construction and the land or lands, and the rights, which will be prejudicially affected, —
and such plan and spécifications must likewise be deposited at the registry office of the registration division where it is intended to carry on the work, where they may be examined by any person during office hours.
4. Moreover, notice, in accordance with Form A, must be given of the application and of the deposit of such plan and spécifications, by advertisement published for one month in the Quebec Official Gazette, and also in the locality where it is proposed to carry on the work, in the manner in which municipal public notices are there published.
5. The Lieutenant-Governor in Council may approve, purely and simply, any plan and spécifications submitted for approval, or may approve them subject to such modifications and conditions as he may deem useful or expédient.
6. If the construction and maintenance of any work constructed under article 7295 affects prejudicially any public lands or any right of the Province, it shall be necessary to obtain from the Lieutenant-Governor in Council, in advance, in addition to the approval required by paragraph 5 of this article, in considération of an annual rental or other rémunération, a concession of the lands or the rights which will be so affected.
7. The Lieutenant-Governor in Council may make, amend or repeal any tariff of fees that he may deem just, in regard to the approval of plans and spécifications submitted under this article, and the examination and study found necessary.
8. The provisions of this article shall not apply to any work of the same nature as those referred to in article 7295, which has been constructed before the 9th of February, 1918. 8 Geo. V, ch. 68, s. 1.
FORM A. ( Article 7295 a.)
Public notice is hereby given in accordance with article 7295a of the Revised Statutes, 1909, that Mr.
of the of
of the county of , intends to apply
for authorization to hâve constructed ( state here the nature of the work ) on the water-course which borders upon (runs along or passes across, as the case may be) lot ( description of land).
Notice.
Approval of plan and spécifications.
Concession must be obtained in certain case.
Tariff of fees.
Application of article.
Notice is also given that a pétition to that effect, accompanied by a plan and spécifications of such work, showing the site chosen for the construction thereof and the land (or lands, as the case may he) which will be affected by the backing up of the water, has been forwarded to the Minister of Lands and Forests, and that a duplicate of such plan and spécifications has been deposited at the registry office of the registration division of
The application contained in the pétition will be taken into considération on or after the day following the date of the last publication of this notice in the Québec Official Gazette.
Petitioner.
8 Geo. V, ch. 68, s. 1.
Liability for damages.
Damages to be ascertained by experts.
In default of appointaient by parties.
Experts to be s'worn.
§et off in certain cases.
Works to be demolished if damages not paid.
72ÎM>. 1. The proprietors or lessees of any such works are fiable for ail damages resulting therefrom to any person, whether by excessive élévation of the flood-gates or otherwise.
2. Such damages shall be ascertained by experts to be appointed by the parties interested. in the ordinary manner.
3. In default of either of the said parties appointing an expert, experts selected by the warden of the county shall act ; and, in case of différence of opinion, the two experts appointed shall choose a third one.
4. The experts shall be sworn before a justice of the peace faithfully to perform their duty as such.
5. In assessing the damages and fixing the compensation to be paid, the experts may, whenever proper, set off against the whole or any part of such damages, any increased value which the property of the claimant has acquired by reason of the érection of such works, mills, manufac tories or machinery.
6. In default of payment of the damages and indemnity so awarded, within six months from the date of the report of the experts, together with legal interest to be computed from the said date, the party by whom the payment is due shall demolish the works which he shall hâve erected, or they shall be so demolished at his expense, upon judgment to that effect rendered, the whole without préjudice to the damages already incurred. R. S. Q., 5536.
Works to facilitate the floating of timber, etc., in rivers — These dispositions apply to navigable and non navigable rivers. — ( See nos 107 to 122 incl.)
Obstructions to rivers. — Non navigable. — [ùee nos 172 to 178 incl.]
§ 2. — Protection of Public Interest in Rivers, Streams and Creeks
