A-4.1, r. 2 - Regulation respecting an application for authorization and the information and documents required for the application

Updated to 1 September 2012

This document has official status.

chapter A-4.1, r. 2

Regulation respecting an application for authorization and the information and documents required for the application

Act respecting the acquisition of farm land by non-residents

(chapter A-4.1, s. 35).

DIVISION I APPLICATION FOR AUTHORIZATION

1. In accordance with section 12 of the Act respecting the acquisition of farm land by non-residents (chapter A-4.1), a person who wishes to submit an application for authorization must forward the following documents to the Commission de protection du territoire agricole du Québec, for examination:

(a)  the form described in section 2 duly completed;

(b)  a plan of the farm land specifying the area of the lot or lots concerned in hectares and indicating whether the farm land consists of one lot or several contiguous lots or several lots that would be contiguous were they not separated by a public road.

The plan required by this Regulation must specify the scale used for its drawing up, the date of its drawing up and the signature of the person who drew it up;

(c)  a certified cheque made to the order of the Minister of Finance for the amount determined in the Regulation respecting the tariff of duties, fees and costs made under the Act respecting the acquisition of farm land by non-residents (chapter A-4.1, r. 3); and

(d)  an affidavit mentioning the reasons for the acquisition of the farm land, its intended use and, where applicable, the applicant’s intention to settle in Québec. The applicant must also certify in writing that all the information given in the form described in section 2 is true.

R.R.Q., 1981, c. A-4.1, r. 2, s. 1.

DIVISION II FORM

2. For the purposes of section 12 of the Act, any application for authorization must be made on a form containing the following information:

(a)  the identity of the applicant;

i.  in the case of a natural person: his name, profession or employment, the address of his domicle, his telephone number and the number of days he has stayed in Québec during the 24 months preceding the date of the application;

ii.  in the case of a legal person:

— the name of the company, where it was constituted and the Act that governs it;

— the powers, objectives and purposes of its constitution;

— the address of its head office and, where applicable, of its business establishment in Québec and the telephone number of the said head office and establishment;

— in the case of a company with share capital, the percentage of the shares of its share capital with full voting rights that belong to one or several persons that are not resident in Québec; the total number of its directors as well as the number of directors not resident in Québec; and

— in the case of a company without share capital, the percentage of its members that are not resident in Québec and the name and address of its managers or directors;

(b)  the description of the farm land concerned:

i.  a summary description of the farm land referred to in the application, namely, the lot number and range, where applicable, the cadastral division and the municipality in which the farm land is located;

ii.  the area in hectares of the farm land acquired within the meaning of the Act; and

iii.  the present and future utilization of the farm land;

(c)  the list of documents to be attached.

R.R.Q., 1981, c. A-4.1, r. 2, s. 2.

REFERENCES

R.R.Q., 1981, c. A-4.1, r. 2