2. It has always been lawful, before 16 March 1916, whatever may have been the system of government in force, for the authority which has had the control and administration of lands in the domain of the State in the territory now forming Québec, or any part thereof, 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 sea-shore and lands reclaimed from the sea, comprised within the said territory and forming part of the domain of the State.
From and after 16 March 1916 until 4 December 1974, every alienation or lease of one or more of the properties mentioned in the first paragraph may be effected solely with the express authorization of the Government, and on such conditions and under such restrictions as it may determine.
The Government may, from 4 December 1974 until 22 December 1978, on the joint recommendation of the Minister of Sustainable Development, Environment and Parks and the Minister of Natural Resources and Wildlife, make regulations to authorize the Minister of Sustainable Development, Environment and Parks to grant sales, locations, leases or occupation licences on the banks and beds of rivers and lakes forming part of the domain of the State, as well as on the bed and foreshore of the sea. The above mentioned expression “banks” means the strip of land bounded by the natural low and high water marks, excluding any overflow.
From 22 December 1978, the Government may make a regulation to authorize the Minister of Sustainable Development, Environment and Parks, on such conditions as it may determine, to grant an alienation, lease or occupation licence on a property mentioned in the preceding paragraph and agree on a limit. In the cases not provided for in that regulation, the Government may authorize, on such conditions as it may determine in each case, the alienation, exchange, lease or occupation and the limits of such property.
It may also, in the same manner, authorize the Minister to agree on a limit of such property with the owner of the adjacent land.
R. S. 1964, c. 84, s. 2; 1974, c. 24, s. 1; 1978, c. 40, s. 1; 1979, c. 49, s. 37; 1979, c. 81, s. 20; 1987, c. 23, s. 76; 1994, c. 13, s. 15; 1994, c. 17, s. 61; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.