T-8.1, r. 6 - Regulation respecting the regularization of certain kinds of occupation of lands in the domain of the State

Updated to 1 September 2012

This document has official status.

chapter T-8.1, r. 6

Regulation respecting the regularization of certain kinds of occupation of lands in the domain of the State

Act respecting the lands in the domain of the State

(chapter T-8.1, s. 71).

O.C. 233-89; O.C. 90-2003, s. 1.

DIVISION I APPLICATION

1. This Regulation applies to lands in the domain of the State under the authority of the Minister of Natural Resources and Wildlife under section 3 of the Act respecting the lands in the domain of the State (chapter T-8.1).

O.C. 233-89, s. 1; O.C. 90-2003, s. 1.

DIVISION II CONDITIONS FOR ALIENATION OF CERTAIN LANDS

O.C. 233-89; O.C. 90-2003, s. 2.

2. In this Division:

“duration of occupation” means the time between the earliest date of continuous occupation by the occupant and his predecessors in title and 24 July 1985; (durée de l’occupation)

“local municipality” means a municipality governed by whatever law, except a regional county municipality, Municipalité de Baie-James, the James Bay Regional Zone Council, the Kativik Regional Government and Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent; (municipalité locale)

“market value” means the market value determined in accordance with generally recognized techniques of property assessment, without taking into account buildings and other constructions built by the occupant or his predecessors in title; (valeur marchande)

“occupant” means a person who, on 24 July 1985, occupied land in the domain of the State with or without title or who became the transferee of such person after that date; (occupant)

“title” means a document in writing that would have transferred the ownership of a parcel of land if the government had issued the original title of the grant. (titre)

O.C. 233-89, s. 2; O.C. 90-2003, s. 1.

3. The Minister may sell land to an occupant applying in writing and showing that the occupation of that land by him and his predecessors in title has been continuous, uninterrupted, peaceful, public, unequivocal and as owner.

The occupant shall also prove the duration of the occupation claimed by him, and that such occupation continued to 24 July 1985.

Where a parcel of land has been the subject of a cancellation of a grant under section 40 of the Colonization Land Sales Act (chapter T-8), the duration of occupation is calculated from the date of the cancellation to 24 July 1985.

The Minister may offer to sell to an occupant satisfying the conditions set out in the first paragraph a parcel of land other than the one he is occupying, on the terms and at the price he would have paid to purchase that land.

O.C. 233-89, s. 3.

4. The sale price of a parcel of land shall correspond to a percentage of the market value determined by the duration of the occupation as prescribed by Schedule I.

The sale price may not be less than $345, and that minimum applies to each lot or part of a lot of the original survey.

Where several lots or parts of lots of the original survey in the same parcel and occupied by the same occupant have an area of less than 4,000 m2, the minimum price shall be $345 for the aggregate of the lots or parts of lots.

O.C. 233-89, s. 4.

5. For occupation with title for a duration of 30 years or more, or without title for a duration of 35 years or more, the alienation price shall be $345. In such cases no administration fees or fees for registration in the Register of the domain of the State shall be charged.

Where an occupant provides a chain of titles of a different duration from the duration of occupation of the land arranged, the sale price shall correspond to the percentage of the lower market value between that prescribed for a duration of occupation without title and that prescribed for a duration of occupation with title.

O.C. 233-89, s. 5.

6. Where the grantee of a land under concession cancelled under section 40 of the Colonization Land Sales Act (chapter T-8), or its assignee, transferred ownership of a parcel of such land before the cancellation, and the Minister of Agriculture, Fisheries and Food received on file and did not formally refuse before 1 January 1973 the title related to that transfer of ownership, the sale price of the parcel or part of that parcel to the occupant submitting a chain of titles originating from the first title shall be $345.

O.C. 233-89, s. 6.

7. The prices fixed by this Division shall be adjusted on 1 April of each year depending on the variation in the average consumer price index for the preceding year taking as a base the index calculated by Statistics Canada for the whole of Québec.

O.C. 233-89, s. 7; O.C. 90-2003, s. 3.

8. Where an occupant supplies a title, the area that may be sold may not exceed that described in the title.

Notwithstanding the first paragraph, where an occupant supplies a title dated after 24 July 1985, the area that may be sold shall be that described in the last title obtained before that date; failing any title prior to that date, the area that may be sold shall be that prescribed in the second paragraph of section 9.

O.C. 233-89, s. 8.

9. Where an occupant does not produce a title, the land may be sold to him only if his principal residence is there, if it is used for community purposes or if agricultural, industrial, commercial or forestry activities are carried on there for remuneration. A parcel of land may be sold to the occupant who has a secondary residence there if the land is located within the boundaries of a local municipality.

The area that may then be sold shall be that occupied, but may not exceed half a hectare where the sale is made because the occupant has his principal or secondary residence there, and may not exceed 4 ha where it is used for industrial or commercial activities.

O.C. 233-89, s. 9.

10. The fees for the drawing up and registration of survey plans and documents shall be paid by the occupant.

O.C. 233-89, s. 10.

11. Where the sale is recorded by notarial deed, the fees shall be paid by the occupant.

O.C. 233-89, s. 11.

12. The deed of sale shall grant a right of way, where necessary, over the immovable alienated in favour of one or more parcels of land in the domain of the State.

O.C. 233-89, s. 12.

13. An occupant shall, within 3 months of the date of the proposal for sale sent to him by the Minister, inform the Minister in writing of his decision. If he accepts the proposal, he shall send to the Minister the sums required with his acceptance.

If he fails to reply within the time fixed or if he does not send the sums required, the occupant shall be deemed to have refused the offer.

O.C. 233-89, s. 13.

14. A municipality or school board acquiring a parcel of land as a result of a sale made for non-payment of taxes may not make an application under this Division.

O.C. 233-89, s. 14; O.C. 90-2003, s. 5.

DIVISION II.I

(Obsolete)

O.C. 90-2003, s. 6.

14.1. (Obsolete).

O.C. 90-2003, s. 6.

14.2. (Obsolete).

O.C. 90-2003, s. 6.

14.3. (Obsolete).

O.C. 90-2003, s. 6.

14.4. (Obsolete).

O.C. 90-2003, s. 6.

DIVISION III TRANSITIONAL AND FINAL

15. (Omitted).

O.C. 233-89, s. 15.

16. (Omitted).

O.C. 233-89, s. 16.

SCHEDULE I

(s. 4)

ALIENATION PRICE

      Duration of                 Occupation                   Occupation     
      occupation                 without title                 with title



       34 years                     3% of market value             -
       33 years                     6%                             -
       32 years                     9%                             -
       31 years                    12%                             -
       30 years                    15%                             -
       29 years                    18%                             3% of market 
                                                                      value
       28 years                    21%                             6%
       27 years                    24%                             9%
       26 years                    27%                            12%
       25 years                    30%                            15%
       24 years                    33%                            18%
       23 years                    36%                            21%
       22 years                    39%                            24%
       21 years                    42%                            27%
       20 years                    45%                            30%
       19 years                    48%                            33%
       18 years                    51%                            36%
       17 years                    54%                            39%
       16 years                    57%                            42%
       15 years                    60%                            45%
       14 years                    63%                            48%
       13 years                    66%                            51%
       12 years                    69%                            54%
       11 years                    72%                            57%
       10 years                    75%                            60%
        9 years                    80%                            65%
        8 years                    85%                            70%
        7 years                    90%                            75%
        6 years                    95%                            80%
        5 years                    95%                            80%
        4 years                    95%                            80%
        3 years                   100%                            85%
        2 years                   100%                            90%
        1 year or less            100%                           100%

O.C. 233-89, Sch. I.

REFERENCES

O.C. 233-89, 1989 G.O. 2, 1488

O.C. 90-2003, 2003 G.O. 2, 905

S.Q. 2006, c. 40, s. 11