P-41.1, r. 2 - Regulation respecting the declarations required under the Act, the erection of rudimentary structures and advertising billboards, the enlargement of residential sites and the dismemberment of property for which no authorization is required

Updated to 12 December 2023

This document has official status.

chapter P-41.1, r. 2

Regulation respecting the declarations required under the Act, the erection of rudimentary structures and advertising billboards, the enlargement of residential sites and the dismemberment of property for which no authorization is required

Act respecting the preservation of agricultural land and agricultural activities

(chapter P-41.1, s. 80).

1. A single rudimentary structure to serve as a shelter in a wooded area may, without the authorization of the commission, be erected on a wooded lot or a group of wooded lots not less than 10 ha in area. The rudimentary structure shall not be supplied with running water and shall comprise a single storey not more than 20 m2 in area.

O.C. 670-98, s. 1.

2. An advertising billboard may be erected without the authorization of the commission, provided that it is erected less than 1 m from property lines, a wooded lot or a ditch and that it is not equipped with guys or props.

O.C. 670-98, s. 2.

3. A lot or part of a lot contiguous to a residential site built upon before the date of the coming into force of the designated agricultural region decree and whose area is less than the minimum area required under the municipal by-laws or the regulations made under the Environment Quality Act (chapter Q-2) may be alienated or subdivided without the authorization of the commission to be used to enlarge the residential site so that it complies with the smallest area required under those by-laws or regulations or 3,000 m2. If the residential site in question is in front of a river, the maximum area allowed is 4,000 m2.

This provision only applies where no part of the residential site in question has been alienated or subdivided under section 101 or 103 of the Act since the date of the coming into force of the designated agricultural region decree and where, at that date, the owner of the residential site in question was not the owner of a lot that was contiguous or deemed to be contiguous under the Act.

O.C. 670-98, s. 3.

4. A person may, without the authorization of the commission, parcel out his property by means of a concomitant alienation of lots or parts of lots to more than one acquirer, provided that the person does not retain any right of alienation in respect of a lot or part of a lot that is contiguous or deemed to be contiguous under the Act, that each lot or part of a lot is alienated or subdivided in favour of a producer who owns a lot that is contiguous or deemed to be contiguous under the Act and that all the deeds of alienation in question be entered in the land register within 15 days from the date on which the first deed is executed.

O.C. 670-98, s. 4.

5. A municipality or the Minister of Transport may, without the authorization of the commission, subdivide or alienate in favour of the owner of a lot that is contiguous or deemed to be contiguous under the Act any surplus right of way that was not initially acquired for public utility purposes.

O.C. 670-98, s. 5.

6. For the purposes of section 32 of the Act, a declaration is required where the permit pertains to the erection of a residence under sections 31, 31.1 and 40 of the Act, the erection by virtue of rights recognized in Chapter VII of the Act of a residence or other main building to be used for purposes other than agriculture, a change in the use made of a farm building or the enlargement of such building where the change of use or the enlargement is for purposes other than agriculture.

Notwithstanding the foregoing, a declaration required under section 32 of the Act is not required in the case of a rudimentary structure erected to serve as a shelter in a wooded area.

O.C. 670-98, s. 6.

7. For the purposes of section 32.1 of the Act, a declaration is required where alienation or subdivision has the effect of delimiting for the first time all or part of the area of recognized rights provided for in Chapter VII of the Act.

O.C. 670-98, s. 7.

8. (Omitted).

O.C. 670-98, s. 8.

REFERENCES

O.C. 670-98, 1998 G.O. 2, 2112