Any citizen complaint having a monetary claim as a result of damage suffered is considered a claim for damages.
Contact us tosubmita claimfordamages.Youcan also use ourcomplaint form. Make sure to fill out all the fields marked with an asterisk, and to clearly state your claim.
To address the questions most frequently raised by citizens affected by this type of claim, this document contains a number of such questions and offers some general answers. It goes without saying that each case must be reviewed individually; aside from this, the following information reflects the general trend observed over the years. The question/answer format is used because it best represents the concerns of citizens.
Damage to a vehicle – holes in the roadway
I have damaged my vehicle as a result of holes in the roadway. What recourse do I have?
The claim must be submitted to the Ministère for investigation. It must be demonstrated that the latter was at fault or negligent. It should be noted that, under article 30 of the Act respecting roads, the Minister is not liable for damage caused by the state of the roadway to the tires or suspension system of a motor vehicle. If the presence of holes is the result of construction work performed by a contractor, the request will be forwarded, since responsibility was transferred in accordance with the specifications and general estimate.
Damage to a vehicle – object on the roadway
I have damaged my vehicle as a result of an object on the roadway. What recourse do I have?
Under Article 31 of the Act respecting roads, the Minister is not liable for damage caused by the presence of an object on the roadway that comes (or does not come) from a motor vehicle or that has been projected from same.
Contaminated well
Due to winter road maintenance, my well seems to be contaminated by salt from de-icing. What can I do?
A request must be submitted to the Ministère, which will perform studies on the quality of the well water. If a presence of contaminants from the road is demonstrated and has rendered the water unfit for consumption, changes will be suggested by the Ministère to correct the situation.
Accumulation of water on property after roadwork
Since the construction of the road, I have noticed a significant accumulation of water on my property during heavy rains. Am I entitled to compensation?
A request must be submitted to the Ministère to perform an investigation to determine whether this accumulation of water is related to the work. If the studies show that there is an increased water flow caused by the work of the Ministère and that it causes harm, the Ministère will carry out work to correct the situation or pay compensation.
Business – reduced sales
I have a business in the village, and the ministère des Transports has begun work to build a new permanent bypass road which will reduce traffic and by extension my sales. Can I be indemnified or compensated?
The law is consistent on the principle that the beneficiary of road traffic has no vested right in relation to traffic flow, nor does change of road layout confer entitlement to such damages. Therefore, if the business still has access to a public roadway, the Ministère may not pay any compensation to the owner of a business as a result of the permanent diversion of the road.
Wells – altered quality or quantity of water
I have a well, and the construction work alters the quality or quantity of the water. What can I do?
The Ministère normally conducts an inventory of wells near the work zone to measure the impact on the latter. In case of serious injury and in the event that the Ministère's responsibility is demonstrated, the latter will take steps at its expense to ensure an adequate supply of drinking water.
Damage to property by contractor
Damage was done to my property as a result of blasting or other actions taken by the contractor. To whom do I send a claim?
The claim must be submitted to the Ministère for investigation. If the work was performed by a contractor, the request will be forwarded, since responsibility was transferred in accordance with the specifications and general estimate.
Roadwork noise and dust
Noise, heavy equipment traffic and dust have caused me inconvenience. Am I entitled to compensation?
All the Ministère's road construction projects bring inevitable inconveniences while the work is being conducted. Once these are completed, users typically receive improved infrastructure. Excepting builder negligence, the inconveniences including noise and heavy equipment traffic are not compensable.