100.1. A subdivision, an alienation or a construction in respect of which the commission has, after 20 June 1985, received a declaration provided for in section 31.1, section 32, section 32.1 or section 33 is deemed to have been made in accordance with this Act where over three months have elapsed since the commission received the declaration.
In the case of a declaration received between 1 January 1983 and 20 June 1985, the subdivision or construction is deemed to have been made in accordance with this Act where over one year has elapsed since 20 June 1985.
In the case of a declaration received before 1 January 1983, the subdivision or the construction is deemed to have been made in accordance with this Act from 20 June 1985.
In the case of alienation, subdivision or use for any purpose other than agriculture in respect of which this Act does not prescribe the obligation to file a declaration, the presumption provided in the first paragraph exists when over five years have elapsed from
(a) the deposit of the act of alienation at the registry office;
(b) the date of the first municipal tax account sent in respect of a construction, or
(c) the date on which work, other than construction work, ends.
This section does not apply in the case of fraud. Nor does it apply to a subdivision, construction or alienation where the commission advised the person who made it that it was not in accordance with this Act before the expiry of the required time to be deemed in accordance therewith.
A notice of non-compliance under the fifth paragraph is an administrative measure and may be issued on the sole basis of information obtained, without prior notice, by a member or employee of the commission.
A notice of non-compliance issued as in the preceding paragraph may, however, be contested before the commission at a hearing held pursuant to section 14.1. Any interested person may also request the commission to hold a hearing to decide the merits of the notice by making an application therefor filed at the record office within 60 days of the date of the notice.
The right to contest granted by the seventh paragraph may, however, be exercised only before the Superior Court when the dispute to which it pertains has been brought before that court.
1985, c. 26, s. 27; 1989, c. 7, s. 30; 1996, c. 26, s. 59.