t-8.1, r. 7 - Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State

Updated to 1 January 2020

This document has official status.

chapter T-8.1, r. 7

Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State

Act respecting the lands in the domain of the State

(chapter T-8.1, s. 71).

The fees prescribed in the Regulation have been indexed pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 11 May 2019, page 349. (Sch. I). (Effect from 1 April 2019.)

O.C. 231-89; O.C. 1252-2001, s. 1.

DIVISION I SCOPE

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. 231-89, s. 1; O.C. 1252-2001, s. 1.

DIVISION II GENERAL CONDITIONS

2. Except where this Regulation prescribes a different price or rent, land shall be sold at the market value determined by generally recognized approaches of property assessment, or shall be leased at a percentage of that value, without taking into account the value of improvements made to the land by the purchaser or the lessee.

Despite the foregoing, land may also be sold or leased at the substitution price fixed by this Regulation if the land is not located in the territory of a local municipality or if the land is located in the territory of the Municipalité régionale de comté du Golfe-du-Saint-Laurent or in the territory of the Kativik Regional Government.

O.C. 231-89, s. 2; O.C. 705-2010, s. 1; O.C. 980-2015, s. 1.

3. The prices, rents, fees, royalties and reference values mentioned in Schedule I shall be adjusted on 1 April of each year depending on the changes in the average consumer price index for the preceding year, using as a base the index for the whole of Québec calculated by Statistics Canada.

Those amounts are then increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50 or reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50, except for the prices and rents per square metre indicated to in sections 5, 8, 12 and 16 of Schedule I.

The Minister is to publish the result of the indexing in Part 1 of the Gazette officielle du Québec or by any other appropriate means.

O.C. 231-89, s. 3; O.C. 705-2010, s. 2; O.C. 79-2018, s. 1; O.C. 1041-2019, s. 1.

§ 1 . — Fees payable

4. The sale, exchange or lease of land and the granting of a right in land are subject to fees for the preparation and registration of survey plans and documents, where such operations are necessary.

Where land has already been surveyed and registered at the expense of the Minister and such operations are still valid, the purchaser, lessee or holder of a right shall pay in full the fees for preparation and registration of survey plans and documents before the deed is issued.

Where land has already been surveyed, but a survey and the replacement of boundary marks are necessary, the purchaser, lessee or holder shall pay 50% of the fees prescribed in the second paragraph, in addition to the survey and boundary mark replacement fees.

Where land has not been surveyed, the purchaser, lessee or holder shall carry out at his own expense the preparation and registration of survey plans and documents.

O.C. 231-89, s. 4.

5. The sale, exchange or lease of land, the granting of a right in land, the assessment of the market value of land, registration for a drawing of lots, a quittance, a release, a waiver of a restrictive clause appearing in letters patent or a deed of sale, an amendment to such a clause or an authorization given under such a clause shall comprise the administration fees mentioned in sections 1 to 2 of Schedule I.

The costs of professional, technical or advertising services shall be added to the administration fees.

O.C. 231-89, s. 5; O.C. 705-2010, s. 3; O.C. 980-2015, s. 2.

6. The purchaser, lessee or holder of a right shall pay the fees respecting land registration.

He shall also pay the fees for preparation and receipt of the deed where the sale or lease of land or the granting of a right in land is made by notarial deed.

O.C. 231-89, s. 6; O.C. 705-2010, s. 4.

§ 2 . — Methods of assignment

7. Subject to sections 8 and 9, if more than one person wishes to purchase or lease the same land, the Minister sells it to the highest bidder or leases it to the first applicant.

However, in the case of land intended for commercial or industrial purposes, priority for sale or lease must be given to the person who demonstrates that the repercussions of the project are the most positive from a sustainable development perspective, particularly with regard to the environmental, social and economic aspects.

O.C. 231-89, s. 7; O.C. 705-2010, s. 5.

8. Where a municipality and another person wish to purchase or lease the same land, priority shall be given to the municipality if it requires the land for purposes of public utility.

O.C. 231-89, s. 8; O.C. 705-2010, s. 6.

9. Where a resident of Québec and a non-resident wish to purchase or lease the same land, priority shall be given to the Québec resident.

O.C. 231-89, s. 9.

10. Notwithstanding sections 7, 8 and 9, the purchaser of a surplus or confiscated property shall have priority in purchasing or leasing the land where the property is located.

A person who applies for regularization under section 19.1 shall also have priority in purchasing the land covered by his application.

O.C. 231-89, s. 10; O.C. 1252-2001, s. 2.

11. Where the Minister of his own motion offers land for sale, such sale shall be made by a call for tenders.

O.C. 231-89, s. 11.

12. Where land is offered as part of a cottage development project carried out by the Minister, the Minister is to publish the conditions of land sale or lease on the website of the Ministère des Ressources naturelles et de la Faune or in a local publication and indicate, as the case may be, whether the land will be awarded by drawing lots or to the first applicant

O.C. 231-89, s. 12; O.C. 705-2010, s. 7.

13. (Revoked).

O.C. 231-89, s. 13; O.C. 705-2010, s. 8.

14. A person may not purchase or lease more than one parcel of land offered for building cottages in one or more administrative regions by drawing lots.

O.C. 231-89, s. 14; O.C. 705-2010, s. 9.

DIVISION III SPECIAL CONDITIONS APPLYING TO SALES

15. The Minister may sell land located outside the boundaries of a local municipality at the substitution price prescribed by section 5 of Schedule I.

O.C. 231-89, s. 15.

16. The Minister may sell land to a municipality wishing to use it for a non-profit community purpose at a price corresponding to 10% of its market value or of the substitution price mentioned in section 15.

In this section “non-profit community purpose” means an activity open to all citizens or to a category of citizens without membership in a private club, association or interest group being required to engage in the activity, free of charge free or on a basis of a charge covering only the costs of operation and maintenance.

O.C. 231-89, s. 16; O.C. 705-2010, s. 10.

17. A municipality may not sell or otherwise alienate land purchased from the Minister on the conditions prescribed by section 16.

O.C. 231-89, s. 17.

18. The Minister may make a promise of conditional sale of a parcel of land where the sale is an instalment sale, where the purchaser must make minimum investments therein, or where the time limits for surveying or other special conditions warrant it.

O.C. 231-89, s. 18; O.C. 705-2010, s. 11.

19. The Minister may transfer land for commercial or industrial purposes by emphyteusis. The annual rent shall be fixed at 5% of the market value, but not less than the minimum rent mentioned in section 6 of Schedule I.

O.C. 231-89, s. 19.

19.1. The Minister may sell land to a person who applies for regularization within 2 years of the filing of a cadastral renovation plan and who would have qualified for a title under section 40.1 of the Act during the preparation of the renovation plan, or to the person’s successor.

The sale price shall be 1% of the market value of the land.

O.C. 1252-2001, s. 3.

20. Where land bordering a lake or a watercourse is sold or transferred, the deed of sale or transfer may contain the following clause:

“The Gouvernement du Québec or one of its mandataries may not be in any way held responsible for damage that might be incurred by the purchaser, or his heirs or assigns, as a result of the construction, maintenance, reconstruction or demolition of any dam or any work related to a dam built, maintained, reconstructed or demolished, in accordance with the standards or requirements fixed by the departments involved, and that the government has considered expedient to authorize or carry out in the public interest.

This clause may be pleaded only in the case of an existing dam or a dam whose construction began within 5 years of the signing of this deed.”

The deed may also contain a clause establishing a servitude for flood, erosion, water infiltration and ice backup resulting from the operation or construction of a dam.

O.C. 231-89, s. 20; O.C. 705-2010, s. 12.

DIVISION IV SPECIAL CONDITIONS APPLYING TO LEASES

21. Unless otherwise provided for, the annual rent for land or buildings must be 6% of their market value. However, the rent may not be lower than the minimum rent fixed in section 7 of Schedule I.

The rent is rounded off to the next highest dollar if the dollar fraction is $0.50 or more, or to the next lowest dollar if the dollar fraction is less than $0.50.

O.C. 231-89, s. 21; O.C. 308-99, s. 1; O.C. 440-2003, s. 1; O.C. 705-2010, s. 13; O.C. 980-2015, s. 3.

22. The Minister may lease land located outside the boundaries of a local municipality at the annual substitution rent specified in section 8 of Schedule I. However, the rent shall not be lower than the minimum rent specified in section 8 of that Schedule.

O.C. 231-89, s. 22; O.C. 308-99, s. 1; O.C. 705-2010, s. 14.

23. Where the term of the lease is 5 years or more, the rent shall be reviewed every 5 years in accordance with the variations in the average consumer price index during the 5 years prior to the review in accordance with the index compiled by Statistics Canada for the whole of Québec.

O.C. 231-89, s. 23; O.C. 705-2010, s. 15.

24. The Minister may lease land to a legal person for a non-profit community purpose or for conservation and protection of the forest, wildlife or the aquatic environment for an annual rent corresponding to 1% of its market value, or where the land is located outside the boundaries of a local municipality, 10% of the substitution rent mentioned in section 8 of Schedule I, but not less than the amount mentioned in section 9 of Schedule I.

In this section, “non-profit community purpose” has the meaning given to it in section 16.

O.C. 231-89, s. 24.

25. The Minister may lease land having an area not exceeding 100 m2 for construction of a rough shelter in the forest.

The term of the lease may not exceed 4 years and the annual rent shall be that mentioned in section 10 of Schedule I.

In this section, “rough shelter” means a building or a work used as a shelter, without dependencies other than a privy, without electricity or running water, without a permanent foundation, having only one storey and having a floor area not exceeding 20 m2, except in the administrative region of Abitibi-Témiscamingue, as defined by Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1), where the floor area must not exceed 30 m2.

O.C. 231-89, s. 25; O.C. 705-2010, s. 16.

26. A lease must indicate its term and the purpose for which it is granted. It may include a clause providing for the granting, by the Minister, of a right of superficies in favour of the lessee. A lease is renewable, unless otherwise stipulated.

The lessee may not use the land for a purpose other than that stated in the lease.

At the time of the transfer by the lessee of the lessee’s rights in the lease or the alienation of the buildings and facilities erected on the leased land, a new lease must be entered into between the Minister and the purchaser. In either case, the lessee must inform the Minister.

O.C. 231-89, s. 26; O.C. 705-2010, s. 17.

26.1. The construction of an access road to the leased land must be authorized by the Minister and carried out by the lessee at the lessee’s own expense.

The lessee must grant without charge a right of way for pedestrians and motorists at the place indicated by the Minister to any person who demonstrates to the Minister the need for a right of way.

O.C. 705-2010, s. 17.

26.2. The lease may contain the following clause:

The Gouvernement du Québec or one of its mandataries may not be in any way held responsible for damage that might be incurred by the lessee as a result of the construction, maintenance, reconstruction or demolition of any dam or any work related to a dam built, maintained, reconstructed or demolished, in accordance with the standards or requirements fixed by the departments involved, and that the Government has considered expedient to authorize or carry out in the public interest.

O.C. 705-2010, s. 17.

27. At the Minister’s request, the lessee of land leased for a purpose other than building cottages or the construction of a rough shelter in the forest must submit to the Minister a plan locating the constructions and describing the development work he wishes to undertake.

O.C. 231-89, s. 27; O.C. 705-2010, s. 18.

28. No person may install a disused vehicle on leased land.

O.C. 231-89, s. 28.

§ 1 . — Leasing for building cottages

28.1. The rent for land leased for building cottages is based on

(1)  its proximity to a body of water;

(2)  its proximity to the nearest urban pole listed in section 17 of Schedule I; and

(3)  the reference value for the year concerned, corresponding to land rated 100, appearing on the list opposite the nearest urban pole.

The annual rent, which cannot be lower than the minimum rent fixed in section 7 of Schedule I, is calculated as follows:

(1)  the rating of the land is determined according to the criteria on the following scale:

___________________________________________________________________________________

Proximity to an           Proximity to a body of water 
urban pole listed         _________________________________________________________
in section 17 of
Schedule I                 Waterfront        Semi-waterfront        Non-waterfront 
___________________________________________________________________________________

Less than 30 km               100                  75                    50
___________________________________________________________________________________

30-59 km                       75                  55                    40
___________________________________________________________________________________

60-89 km                       65                  50                    35
___________________________________________________________________________________

90 km or more                  50                  40                    25
___________________________________________________________________________________                

(2)  the rating thus obtained is divided by 100 and the result is multiplied by the reference value for the year concerned appearing on the list opposite the nearest urban pole;

(3)  the result is multiplied by the square root of the ratio obtained by dividing the area of the leased land in square metres by 4,000 m2, then by 5%;

(4)  the amount obtained is rounded off to the next highest dollar if the dollar fraction is $0.50 or more, or to the next lowest dollar if the dollar fraction is less than $0.50.

O.C. 440-2003, s. 2; O.C. 705-2010, s. 19; O.C. 980-2015, s. 4.

28.2. For the purposes of the rating scale:

(a)  waterfront land is land directly bordering a lake, a river, the St. Lawrence River or the Gulf of St. Lawrence, or land that is separated from the shore or bank solely by a strip of land not more than 30 m wide that is owned by the State and not having another private use;

(b)  semi-waterfront land is non-waterfront land more than 50% of which is located within a strip of land 300 m from a lake, the St. Lawrence River or the Gulf of St. Lawrence, or 100 m from a river; and

(c)  other land is non-waterfront land.

O.C. 440-2003, s. 2.

28.3. Notwithstanding section 28.1, waterfront or semi-waterfront lands around a lake of 1,000 ha or less are deemed to be situated at the same distance from the urban pole as the farthest of such lands is from the pole; in addition, if such lands come under different urban poles, the urban pole that applies to determine the rents for all of such lands is the urban pole having the lowest 100-rated reference value for the year concerned.

Similarly, any land situated in Îles-de-la-Madeleine is deemed to be situated within 30 km from an urban pole.

O.C. 440-2003, s. 2; O.C. 705-2010, s. 20.

28.3.1. Despite section 28.1, the annual rent of a lease granted on or before 1 November 2003 and renewed for the first time in the 5 years preceding 1 January 2020 corresponds to the sum of the following amounts, adjusted according to the indexing procedure provided for in section 3:

(1)  the annual rent provided for before the first renewal;

(2)  the amount to obtain the minimum rent fixed in section 7 of Schedule I upon renewal;

(3)  the amount of the rental increase spread for the year over which the increase is spread on 31 December 2019, in accordance with the first paragraph of section 28.4 as it read on that date.

O.C. 1041-2019, s. 2.

28.4. (Revoked).

O.C. 440-2003, s. 2; O.C. 705-2010, s. 21; O.C. 1041-2019, s. 3.

28.5. A new reference value, corresponding to land rated 100 and appearing opposite the urban poles listed in section 17 of Schedule I, is determined on 1 January 2021, then every 5 years as of that date.

O.C. 440-2003, s. 2; O.C. 705-2010, s. 22; O.C. 1041-2019, s. 4.

29. The lessee of land for building cottages may construct or install thereon only 1 dwelling. He may build appartenances thereon, such as a garage or a shed.

The dwelling may be constructed only at a distance of not less than 25 m above the high-water mark.

The lessee may develop only 1 access road to the dwelling over the leased land. The right of way of such road may not exceed 6 m in width.

O.C. 231-89, s. 29.

29.1. The lessee of land for building cottages, awarded by the Minister by drawing lots after 1 October 2010, may not transfer his or her rights in the lease for 5 years following the date of the first lease. The prohibition does not apply if

(1)  the lessee has constructed a building of a minimum value of $10,000 on the leased land;

(2)  the building on the leased land was sold under judicial authority, for non-payment of taxes or for the exercise of a hypothecary right; or

(3)  the transfer is made in favour of the lessee’s legal or de facto spouse, father, mother, brother, sister or child, or following the lessee’s death.

O.C. 705-2010, s. 23; I.N. 2016-01-01 (NCCP).

30. Except for removing dead or damaged trees, the lessee shall keep a wooded strip 20 m in depth along the front of the land or the watercourse and 10 m in depth from the side and rear boundaries of the leased land.

A lessee may clear the land of trees for the following developments:

(1)  the access road mentioned in section 29;

(2)  an access road to water having a width not exceeding 5 m, making possible the launching of a boat, and arranged to prevent erosion;

(3)  a trail or a stairway having a width not exceeding 1 m yielding access to the shore.

A lessee may also trim trees or shrubs to provide a view over the land or the watercourse.

O.C. 231-89, s. 30.

31. The lessee of land may affix an identification sign on a pole placed near the access road to the dwelling provided that it is not larger than 2-tenths of a square metre and that it is fixed at less than 2.5 m above the ground.

O.C. 231-89, s. 31.

32. A lessee may set up a gate on the access road to the dwelling provided that it is located on the leased land, and where the leased land borders a public road, not less than 5 m from the road.

O.C. 231-89, s. 32.

§ 2 . — Leases for construction of rough shelters

33. The lessee of land leased for construction of a rough shelter in the forest may not make an access road to the land or clear it of trees beyond a radius of 3 m around the shelter.

A shelter may be constructed only at a distance of not less than 25 m above the high-water mark.

O.C. 231-89, s. 33.

§ 3 . — Billboards

34. The Minister may lease a parcel of land not exceeding 100 m2 for installation of a billboard. The annual rent shall be that mentioned in section 11 of Schedule I.

A board whose dimension does not exceed 1 m2 and used solely to indicate a distance or direction is not a billboard for the purposes of this section.

O.C. 231-89, s. 34; O.C. 705-2010, s. 24.

§ 4 . — Storage yard for tailings

35. The Minister may lease a parcel of land for a storage yard for tailings, in accordance with section 239 of the Mining Act (chapter M-13.1).

The annual rent shall be that mentioned in section 12 of Schedule I.

O.C. 231-89, s. 35.

§ 5 . — Leases for complementary or accessory purposes

O.C. 705-2010, s. 25.

35.1. Where land leased as a complement or accessory to a main use does not exceed 1,000 m2, the minimum rent is the rent fixed in section 7 of Schedule I.

O.C. 705-2010, s. 25.

§ 6 . — Market rental value

O.C. 705-2010, s. 25.

35.2. The Minister may lease land for the installation of power transforming stations, wind measurement masts or meteorological instruments on the basis of the market rental value determined by generally recognized approaches of property assessment. The minimum rent is that fixed in section 7 of Schedule I.

O.C. 705-2010, s. 25; O.C. 980-2015, s. 5.

§ 7 . — Lease for the implementation of telecommunication equipment

O.C. 980-2015, s. 6.

35.3. Telecommunication equipment referred to in this subdivision is the apparatus, facilities and other works allowing the transmission of electronic communication signals, including a telecommunication tower.

O.C. 980-2015, s. 6.

35.4. The rent for land in the domain of the State leased for the implementation of telecommunication equipment is determined on the basis of the administrative region where the land is located, the proximity of the land to inhabited zones and its area.

The annual rent is calculated as follows:

(1)  determine the reference rent of the zone according to the grid established in section 18 of Schedule I;

(2)  multiply the reference rent of the zone by one of the following percentages:

(a)  100% if the area of the land is less than 5,000 m2;

(b)  120% if the area of the land is from 5,000 to 14,999 m2;

(c)  140% if the area of the land is from 15,000 to 24,999 m2;

(d)  160% if the area of the land is more than 24,999 m2;

(3)  add, if applicable, an amount equal to 30% of the reference rent of the zone for each third person or for each corporation affiliated with the lessee that has installed additional telecommunication equipment on the land or on the lessee’s equipment. However, that amount is not added where a third person or a corporation affiliated with the lessee is a municipality or a non-profit organization or where the telecommunication equipment of a third person or corporation affiliated with the lessee is intended for purposes other than cellular telephones;

(4)  round up the annual rent obtained to the nearest dollar if the fraction of a dollar is $0.50 or more, and round down to the nearest dollar if otherwise.

Where all the telecommunication equipment is exclusively intended to provide public security services, the annual rent corresponds to 1% of the market value of the leased land.

Where land is leased to a municipality, to a non-profit organization or where the telecommunication equipment is intended for purposes other than cellular telephones, the annual rent is that indicated in section 12.1 of Schedule I. The rent is adjusted in accordance with subparagraphs 3 and 4 of the second paragraph.

O.C. 980-2015, s. 6; O.C. 79-2018, s. 2.

35.5. If, during the lease, another third person or corporation affiliated with the lessee adds or removes telecommunication equipment on the land or the lessee’s equipment, the lessee must first notify the Minister. The annual rent is adjusted in accordance with the provisions of section 35.4.

If the addition or removal of equipment entails a change in the amount of the annual rent stipulated in the lease, a new lease must be entered into between the Minister and the lessee.

O.C. 980-2015, s. 6; O.C. 79-2018, s. 3.

35.6. Upon the renewal of a lease signed before 1 January 2016, any increase in rent is spread evenly over a 3-year period.

As of the year following the increase and until the end of the period over which the increase is spread, the rent is adjusted according to the indexing procedure provided for in section 3.

O.C. 980-2015, s. 6.

DIVISION V SPECIAL CONDITIONS APPLYING TO TEMPORARY OCCUPATION LICENCES

36. The rent for a temporary occupation licence shall be that mentioned in section 13 of Schedule I.

The holder of a temporary occupation licence shall not be required to pay the administration fees mentioned in section 5.

The holder of a temporary occupation licence is required to comply with section 28 and to observe the conditions prescribed in section 33.

O.C. 231-89, s. 36; O.C. 705-2010, s. 26.

DIVISION V.1 SPECIAL CONDITIONS APPLYING TO CAMPSITES

O.C. 1252-2001, s. 4.

36.1. This Division does not apply to lands leased by the Minister for the operation of a campsite, subject to subparagraph 1 of the first paragraph of section 36.2.

O.C. 1252-2001, s. 4; O.C. 980-2015, s. 7.

36.1.1. Camping is allowed on the lands in the domain of the State, except on the lands located on Île au Boeuf, Île au Cochon, Île aux Crapauds, Île aux Hérons, Île Sainte-Thérèse, Île aux Vaches and Île au Veau which form part of the territory Varennes.

O.C. 980-2015, s. 8.

36.2. Every person who camps on the lands in the domain of the State must

(1)  use mobile and temporary camping equipment not attached to the ground;

(2)  leave the occupied site at the end of a stay that may not exceed 7 months during a single year;

(3)  remove, at the end of the stay, the camping equipment from the occupied site, clean the site, restore it to its original condition and take away his or her garbage.

For the purposes of this section, the expression “occupied site” includes the space within a 1 km radius of that site.

O.C. 1252-2001, s. 4; O.C. 980-2015, s. 9.

36.3. No one may set up equipment in the right of way of a road or trail or in a loading and unloading zone on lands in the domain of the State.

No one may park a vehicle in the right of way of a trail or in a loading and unloading zone, nor park a vehicle in a way that hampers the traffic in the right of way of a road.

O.C. 1252-2001, s. 4.

36.4. (Revoked).

O.C. 1252-2001, s. 4; O.C. 980-2015, s. 10.

DIVISION VI

(Revoked)

O.C. 231-89, Div. VI; O.C. 705-2010, s. 27.

37. (Revoked).

O.C. 231-89, s. 37; O.C. 705-2010, s. 27.

38. (Revoked).

O.C. 231-89, s. 38; O.C. 705-2010, s. 27.

DIVISION VII SPECIAL CONDITIONS APPLYING TO THE SALE OR LEASE OF LAND FOR COMMERCIAL OR INDUSTRIAL PURPOSES

O.C. 231-89, Div. VII; O.C. 705-2010, s. 28.

39. A person wishing to purchase or lease land for commercial or industrial purposes must submit a written application to the Minister, along with a business plan for the person’s project and any other document or information that demonstrates the project’s socio-economic repercussions, repercussions in terms of sustainable development, and viability. The administration fees payable for the examination of the application are those provided for in paragraph 8 of the first paragraph of section 2 of Schedule I.

Despite the second paragraph of section 7, an application by a person whose business plan is deemed acceptable by the Minister has precedence over any subsequent application pertaining to the same land. However, the fact that a project is deemed acceptable does not oblige the Minister to sell or lease the land.

The contract of sale or lease of land may contain conditions, particularly as regards the investments to be made, land surveying, compliance with the business plan, as well as any related resolutory clause.

O.C. 231-89, s. 39; O.C. 705-2010, s. 28; O.C. 980-2015, s. 11.

DIVISION VIII SPECIAL CONDITIONS APPLYING TO THE GRANTING OF CERTAIN TITLES

40. The Minister may sell land located in an abandoned Indian reserve for which a title was granted without right by the federal authority, to the assign of the holder of the title so granted.

The selling price of such land shall be the price fixed by the federal authority for the issue of the title where the price has not already been paid. Such a sale is not subject to the payment of the administration fees provided for in section 5.

O.C. 231-89, s. 40; O.C. 705-2010, s. 29.

41. (Revoked).

O.C. 231-89, s. 41; O.C. 705-2010, s. 30.

42. (Revoked).

O.C. 231-89, s. 42; O.C. 705-2010, s. 30.

DIVISION IX CONDITIONS APPLYING TO THE GRANTING OF CERTAIN OTHER RIGHTS

§ 1 . — Exchanges

43. The Minister may by notarial deed exchange land in the domain of the State for land in the private domain, with payment of any adjustment due.

O.C. 231-89, s. 43.

44. The fees for the notarial deed and the administration fees mentioned in section 5 are to be borne by the person who proposed the exchange.

O.C. 231-89, s. 44; O.C. 705-2010, s. 31.

§ 2 . — Servitudes

45. The Minister may by notarial deed agree to establish a servitude on a parcel of land, in consideration of an amount equivalent to that of the reduction in the market value of the land resulting from establishment of the servitude, or where the land is located outside the boundaries of a local municipality, at the substitution price mentioned in section 16 of Schedule I.

The price of a servitude may not be less than the substitution price mentioned in section 16 of Schedule I.

O.C. 231-89, s. 45.

§ 3 . — Authorizations

O.C. 231-89, sd. 3, Div. IX; O.C. 705-2010, s. 32.

46. The Minister may authorize the construction of a road other than a mining road or a road in the forest, a parking, a rest area without service or an access road making possible the launching of a boat. The authorization may not exceed 1 year.

O.C. 231-89, s. 46; O.C. 705-2010, s. 32.

46.1. The Minister may authorize the installation of piping, a telecommunication line or a power distribution line. The administration fees payable are those set out in paragraph 9 of the first paragraph of section 2 of Schedule I. The authorization may not exceed 1 year.

O.C. 705-2010, s. 32; O.C. 980-2015, s. 12.

46.2. The Minister may authorize the construction, layout, maintenance and operation of a recreational trail for a maximum period of 10 years. The administration fees payable are those set out in paragraph 9 of the first paragraph of section 2 of Schedule I. The authorization may be renewed.

O.C. 705-2010, s. 32; O.C. 980-2015, s. 12.

DIVISION X MISCELLANEOUS AND TRANSITIONAL

47. (Obsolete, 90-01-01)

O.C. 231-89, s. 47.

48. Any person contravening any of sections 26 to 33 and 36.1.1 to 36.3 of the Regulation commits an offence.

O.C. 231-89, s. 48; O.C. 1252-2001, s. 5; O.C. 980-2015, s. 13.

49. (Omitted).

O.C. 231-89, s. 49.

50. (Omitted).

O.C. 231-89, s. 50.

SCHEDULE I

(ss. 3, 5, 15, 19, 21, 22, 24, 25, 28.1, 28.5, 34, 35, 35.1, 35.2, 36, 39 and 45)

DIVISION I

ADMINISTRATION FEES

(1) A non-refundable administration fee of $113 shall be paid at the time a file is opened for the purchase or lease of a parcel of land, the granting of a right in land, a waiver of a restrictive clause appearing in letters patent or a deed of sale or a deed to amend such a clause or authorization granted under such a clause.

(2) In addition to the administration fees provided for in section 1 of Schedule I, the following fees are also payable:

(1) $1,045 for the sale and exchange of a parcel of land;

(2) $343 for the lease of a parcel of land, including for the issue of a lease, its transfer, its amendment at the lessee’s request and for its renewal;

(3) $1,045 to establish a servitude;

(4) $1,045 for the assessment of the market value of a parcel of land with a view to selling or exchanging it or issuing a servitude on it;

(5) $27 for registration in a drawing of lots;

(6) $343 for a quittance or release;

(7) $343 for a waiver of a restrictive clause appearing in letters patent or in a deed of sale or for an amendment thereto;

(8) $343 for the examination of an application for the purchase or lease of land for commercial or industrial purposes submitted pursuant to section 39;

(9) $1,045 for an authorization granted pursuant to section 46.1 or 46.2.

Additional fees of $795 are payable when a parcel of land is sold or leased as part of a cottage development project carried out by the Minister.

(3) (Revoked).

(4) (Revoked).

DIVISION II

PRICES OF SALE, LEASE OR GRANTING OF OTHER RIGHTS IN LAND IN THE DOMAIN OF THE STATE

(5) The substitution price mentioned in section 15 shall be $0.8533 per square metre, with a minimum of $296.

(6) The minimum rent mentioned in section 19 shall be $455.

(7) The minimum rent mentioned in sections 21, 28.1, 35.1 and 35.2 is $296, except to lease land not exceeding 1,000 m2 as a complement or an accessory to a main use, in which case the minimum rent is $113.

(8) The annual substitution rent referred in section 22 shall be $0.0682 per square metre up to 1 ha, with a minimum of $296; the annual rent for each additional hectare or part of a hectare shall be $92.

(9) The minimum rent mentioned in section 24 shall be $113.

(10) The annual rent mentioned in section 25 shall be $113, except for the Abitibi-Témiscamingue administrative region, as defined by Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1), where the annual rent is $171.

(11) The annual rent mentioned in section 34 shall be $296.

(12) The annual rent mentioned in section 35 shall be $0.0103 per square metre.

(12.1) The annual rent referred to in the fourth paragraph of section 35.4 is $1,569.

(13) The rent mentioned in section 36 shall be $11 per month or part of a month, with a minimum of $58.

(14) (Revoked).

(15) (Revoked).

(16) The substitution price mentioned in section 45 shall be $0.0343 per square metre with a minimum of $343 in all cases.

(17) For the purposes of section 28.1, the urban poles and reference values of land rated 100 according to the corresponding years are as follows:

Urban poles	100-rated reference value for leases issued before 1 January 2020	100-rated reference value for leases issued as of 1 January 2020
Municipalité de Chénéville	$35,800	$39,600
Municipalité de La Pêche	$27,800	$28,800
Municipalité Les Escoumins	$5,200	$5,300
Municipalité Les Îles-de-la-Madeleine	$15,000	$15,000
Municipalité de Saint-Donat	$36,200	$39,800
Municipalité de Sainte-Thècle	$53,200	$60,500
Municipalité de Saint-Michel-des-Saints	$22,400	$25,300
Municipalité de Val-des-Monts	$90,000	$102,900
Paroisse de Saint-Alexis-des-Monts	$25,800	$25,800
Paroisse de Saint-Côme	$21,700	$23,500
Village de Fort-Coulonge	$33,000	$37,000
Ville d’Alma	$16,300	$18,200
Ville d’Amos	$21,400	$23,700
Ville d’Amqui	$11,500	$12,400
Ville de Baie-Comeau	$5,800	$5,800
Ville de Carleton-sur-Mer	$7,000	$7,700
Ville de Chandler	$7,800	$8,300
Ville de Chibougamau	$20,500	$23,500
Ville de Forestville	$7,300	$7,900
Ville de Gaspé	$7,500	$7,900
Ville de La Malbaie	$28,600	$33,000
Ville de La Pocatière	$25,000	$28,700
Ville de La Sarre	$4,800	$4,800
Ville de La Tuque	$15,700	$15,700
Ville de Maniwaki	$40,100	$43,900
Ville de Matagami	$6,700	$7,200
Ville de Matane	$14,100	$15,200
Ville de Mont-Laurier	$20,500	$21,800
Ville de Montmagny	$26,000	$28,300
Ville de Mont-Tremblant	$38,600	$42,900
Ville de Paspébiac	$3,100	$3,300
Ville de Port-Cartier	$3,300	$3,400
Ville de Rimouski	$13,800	$14,800
Ville de Rivière-du-Loup	$16,400	$16,400
Ville de Rivière-Rouge	$36,900	$41,900
Ville de Roberval	$10,500	$11,000
Ville de Rouyn-Noranda	$12,700	$13,200
Ville de Saguenay (borough of Chicoutimi)	$24,800	$28,600
Ville de Saguenay (borough of La Baie)	$18,800	$21,100
Ville de Saint-Félicien	$11,500	$12,200
Ville de Saint-Georges	$29,000	$33,600
Ville de Saint-Raymond	$37,800	$43,700
Ville de Senneterre	$19,700	$21,800
Ville de Sept-Îles	$3,300	$3,400
Ville de Sainte-Anne-des-Monts	$7,200	$8,100
Ville de Témiscaming	$19,000	$21,300
Ville de Témiscouata-sur-le-Lac	$18,200	$18,600
Ville de Val-d’Or	$31,400	$35,700
Ville de Ville-Marie	$4,800	$4,800

(18) For the purposes of section 35.4, the reference rent for a zone is determined according to the following grid:

Reference rents per zone	Zone 1	Zone 2	Zone 3
Nearby Zone	$7,320	$5,228	$3,137
Remote Zone	$3,661	$2,615	$1,569

The following regions and sectors are considered as forming part of the zones:

(1) Zone 1: the administrative regions of the Capitale-Nationale, Lanaudière, Laurentides, Laval, Montérégie and Montréal;

(2) Zone 2: the administrative regions of Abitibi-Témiscamingue, Centre-du-Québec, Chaudière-Appalaches, Estrie, Mauricie, Outaouais and Saguenay-Lac-Saint-Jean;

(3) Zone 3: the administrative regions of Bas-Saint-Laurent, Côte-Nord, Gaspésie-Îles-de-la-Madeleine and Nord-du-Québec;

(4) Nearby Zone: the sector located inside the population ecumene, as defined by Statistics Canada for the 2011 census year;

(5) Remote Zone: the sector located outside the population ecumene, as defined by Statistics Canada for the 2011 census year.

The administrative regions are delimited with reference to the description and map of the boundaries in Schedule I to the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1).

O.C. 231-89, Sch. I; O.C. 308-99, s. 2; O.C. 1252-2001, ss. 6 and 7; O.C. 440-2003; O.C. 705-2010, s. 33 to 48; O.C. 980-2015, ss. 14 to 28; O.C. 79-2018, s. 4; O.C. 1041-2019, s. 5.

TRANSITIONAL

2010

(O.C. 705-2010) SECTION 49. For the purposes of applying the conservation plan of a biodiversity reserve or aquatic reserve, proposed or having permanent protection status, approved in accordance with the Natural Heritage Conservation Act (chapter C-61.01) before 1 October 2010, the replacement of the third paragraph of section 25 introduced by section 16 of this Regulation is not amendment to the conditions of a lease entered into for the construction of a rough shelter in the forest renewed as of that date.

REFERENCES

O.C. 231-89, 1989 G.O. 2, 1483

O.C. 308-99, 1999 G.O. 2, 400

O.C. 1252-2001, 2001 G.O. 2, 5817

O.C. 440-2003, 2003 G.O. 2, 1362

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

O.C. 705-2010, 2010 G.O. 2, 2525

O.C. 980-2015, 2015 G.O. 2, 2963

O.C. 79-2018, 2018 G.O. 2, 259

O.C. 1041-2019, 2019 G.O. 2, 2727