C-27.1 - Municipal Code of Québec

Section 1104.1.3 Disposition versions

2024-02-21

1104.1.3. The notice of the municipality’s pre-emptive right must identify the immovable concerned and describe the purposes for which it may be acquired.

The notice must be notified to the owner of the immovable and takes effect on being registered in the land register. It is valid for the period specified in the notice, which may not exceed 10 years.

The municipality may not have a notice of pre-emptive right registered in respect of an immovable that is already the subject of such a notice registered by another municipal body under this Act, the Cities and Towns Act (chapter C-19) or the Act respecting public transit authorities (chapter S-30.01).

A notice of pre-emptive right may, however, be registered in respect of an immovable that was the subject of such a notice registered by the Société d’habitation du Québec under the Act respecting the Société d’habitation du Québec (chapter S-8). In such a case, the municipality shall inform the Société d’habitation du Québec, which shall then have the notice removed from the land register. The municipality shall reimburse the Société for the expenses incurred with respect to the notice.

The municipality may, for the purpose of exercising the pre-emptive right, act as mandatary of a municipal body that has adopted a pre-emptive right by-law under any of the Acts referred to in the third paragraph or of the Société d’habitation du Québec. It may then provide, in its notice of pre-emptive right, that the immovable may be acquired for a purpose within the jurisdiction of that body.

For the purposes of this section, a municipal body is a municipality, an intermunicipal management board or a public transit authority.

2022, c. 25, s. 10; 2024, c. 2, s. 30.

2022-06-10

1104.1.3. The notice of the municipality’s pre-emptive right must identify the immovable concerned and describe the purposes for which it may be acquired.

The notice must be notified to the owner of the immovable and takes effect on being registered in the land register. It is valid for the period specified in the notice, which may not exceed 10 years.

The municipality may not have a notice of pre-emptive right registered in respect of an immovable that is already the subject of such a notice registered by another municipal body under this Act, the Cities and Towns Act (chapter C-19) or the Act respecting public transit authorities (chapter S-30.01).

The municipality may, for the purpose of exercising the pre-emptive right, act as mandatary of a municipal body that has adopted a pre-emptive right by-law under any of the Acts referred to in the third paragraph. It may then provide, in its notice of pre-emptive right, that the immovable may be acquired for a purpose within the jurisdiction of that body.

For the purposes of this section, a municipal body is a municipality, an intermunicipal management board or a public transit authority.

2022, c. 25, s. 10.