p-8 - Act respecting Forillon Park and its surroundings

Updated to 19 April 2006

This document has official status.

chapter P-8

Act respecting Forillon Park and its surroundings

1. The Minister of Sustainable Development, Environment and Parks is authorized to acquire by agreement or expropriation any immovable or immovable real right comprised in the territory of Forillon Park described in Schedule A.

1970, c. 32, s. 1; 1973, c. 27, s. 20; 1983, c. 40, s. 80; 1994, c. 17, s. 76; 1999, c. 40, s. 207; 1999, c. 36, s. 159; 2004, c. 11, s. 42; 2006, c. 3, s. 35.

2. The powers of expropriation conferred by this Act may be exercised with respect to any immovable, even one devoted to public use and not liable to expropriation under any general law or special Act.

1970, c. 32, s. 2.

3. The expropriation authorized by this Act shall be effected in the manner provided for expropriation by the Government when it is required for the purposes of the Act respecting roads (chapter V‐9), the Minister of Sustainable Development, Environment and Parks acting in the place and stead of the Minister of Transport and exercising the latter’s powers except that the indemnity shall be payable out of the moneys granted for such purposes by Parliament.

1970, c. 32, s. 3; 1972, c. 54, s. 32; 1973, c. 27, s. 20; 1977, c. 5, s. 14; 1983, c. 40, s. 81; 1992, c. 54, s. 72; 1994, c. 17, s. 76; 1999, c. 36, s. 159; 2004, c. 11, s. 42; 2006, c. 3, s. 35.

4. The deposit of the plan mentioned in section 42 of the Expropriation Act (chapter E-24) entails the cancellation of any grant and of any occupation licence or location ticket granted in accordance with the Act respecting the lands in the domain of the State (chapter T-8.1) or the Act respecting agricultural lands in the domain of the State (chapter T-7.1) and relating to any land in the domain of the State comprised within the territory of Forillon Park described in Schedule A. For the purposes of payment of the indemnity only, the holder of such a right shall be deemed an expropriated party.

1970, c. 32, s. 4; 1973, c. 38, s. 146; 1982, c. 13, s. 57; 1987, c. 23, s. 76, s. 97; 1999, c. 40, s. 207.

5. If the expropriation relates to a cemetery, the Minister of Sustainable Development, Environment and Parks must, in lieu of payment of an indemnity, take all the requisite steps to relocate the cemetery and transfer the bodies to the new cemetery. The selection of the site of the new cemetery must be approved by the Minister of Health and Social Services and if it is the cemetery of any religious denomination, the selection of the site must be made after consultation with the competent ecclesiastical authority. Section 18 of the Burial Act (chapter I‐11) shall apply with the necessary modifications.

Subject to the preceding paragraph, the Act respecting Roman Catholic cemetery companies (chapter C‐40.1), the Non-Catholic Cemeteries Act (chapter C‐17) and the Burial Act shall not apply while a new cemetery is being established in accordance with this section.

1970, c. 32, s. 5; 1970, c. 42, s. 17; 1973, c. 27, s. 20; 1983, c. 40, s. 82; 1985, c. 23, s. 24; 1994, c. 17, s. 76; 1999, c. 36, s. 159; 2004, c. 11, s. 42; 2006, c. 3, s. 35.

6. Every person whose name appears on the plans and in the books of reference which have come into force in accordance with the Act respecting land titles in certain electoral districts (chapter T-11) with respect to an immovable contemplated in section 1 shall be deemed to have obtained a certificate of ownership under such Act, notwithstanding the inobservance of the formalities contemplated therein.

1970, c. 32, s. 6.

7. The transmission of an immovable contemplated in section 1 shall not be vitiated in consequence of the inobservance of section 55 of the Succession Duty Act (chapter D-13.2).

1970, c. 32, s. 7; 1978, c. 37, s. 71; 1999, c. 40, s. 207.

The Succession Duty Act (chapter D-13.2) was repealed on 27 May 1986 by section 6 of chapter 15 of the statutes of 1986. The said section 6 applies in respect of successions opening after 27 May 1986.

8. The Government is authorized to give the Government of Canada free possession of the lands comprised in the territory of Forillon Park described in Schedule A, according to the agreement made on 8 June 1970 between the Government of Canada and the Gouvernement du Québec.

1970, c. 32, s. 8; 1977, c. 5, s. 14.

9. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE A

(Sections 1, 4, 8)

Description of the territory of Forillon Park

Starting from a point on the southeast side of highway No. 6A located 804.67 m from the intersection of the northeast side of highway No. 6 with the extension of the southeast side of highway 6A; thence, successively, the following lines and demarcations: a straight line southeasterly to a point on the dividing line between lots 29A and 28G in the 1st Range of the township of Baie-de-Gaspé-Nord located 1548.99 m from the dividing line between the 1st and 2nd Ranges of the said township, such distance measured along the dividing line between lots 28G and 29A; southwesterly, the dividing line between lots 29A and 28G and its extension to the southwest side of highway No. 6; the southwest side of highway No. 6 northwesterly to the dividing line between lots 34B and 34C in the 1st Range of the township of Baie-de-Gaspé-Nord; the dividing line between lots 34B and 34C southwesterly to the average low-water mark; in Gaspé Bay, a line running parallel to and 152.40 m from the average low-water mark, following the west and south coasts of Penouille peninsula and the shore of the said bay to its meeting point with the extension of the dividing line between lots 15A and 14B in the 1st Range of the township of Baie-de-Gaspé-Nord; the said extension and the dividing line between lots 15A and 14B to the northeast side of highway No. 6 (between the line dividing lots 29A and 28G and the line dividing lots 15A and 14B in the 1st Range of the township of Baie-de-Gaspé-Nord, such line following the northeast and southwest sides of highway No. 6); the dividing line between lots 15A and 14B northeasterly to a point located 1347.82 m from the dividing line between the 1st and 2nd Ranges of the township of Baie-de-Gaspé-Nord, such distance measured along the dividing line between lots 15A and 14B; a straight line southeasterly to a point on the dividing line between lots 9 and 8A in the 1st Range of the township of Baie-de-Gaspé-Nord located 1448.40 m from the dividing line between the 1st and 2nd Ranges of the said township, such distance measured along the dividing line between lots 9 and 8A; a straight line southeasterly to a point on the dividing line between lots 3A and 2A in the 1st Range of the township of Baie-de-Gaspé-Nord located 1810.51 m from the dividing line between the 1st and 2nd Ranges of the said township, such distance measured along the dividing line between lots 3A and 2A; a straight line southeasterly to a point on the boundary between the townships of Baie-de-Gaspé-Nord and Cap-des-Rosiers located 402.33 m from the northeast side of highway No. 6, such distance measured along the boundary between the said townships; a straight line southeasterly to a point on the dividing line between lots 3C and 4A in the 1st Range South of the township of Cap-des-Rosiers located 1166.77 m from the dividing line between the 1st Range South and the 2nd Range South of the said township, such distance measured along the dividing line between lots 3C and 4A; a straight line southeasterly to a point on the dividing line between lots 8B and 9A in the 1st Range South of the township of Cap-des-Rosiers located 1548.99 m from the dividing line between the 1st Range South and the 2nd Range South of the said township, such distance measured along the dividing line between lots 8B and 9A; a straight line southeasterly to a point on the dividing line between lots 10 I and 11A in the 1st Range South of the township of Cap-des-Rosiers located 1589.22 m from the dividing line between the 1st Range South and the 2nd Range South of the said township, such distance measured along the dividing line between lots 10 I and 11A; a straight line southeasterly to a point on the east line of lot 19B in the 1st Range South of the township of Cap-des-Rosiers located 402.33 m from the northeast side of highway No. 6, such distance measured along the east line of lot 19B; southerly, the east line of lot 19B and its extension to a line parallel to and 152.40 m from the average low-water mark; in Gaspé Bay and the gulf of St. Lawrence along a line parallel to and 152.40 m from the average low-water mark to the extension of the dividing line between lots B56 and B13 in the 1st Range East of the township of Cap-des-Rosiers; northwesterly, the said extension and the dividing line between lots B56 and B13 to the southeast side of highway No. 6; the southeast side of highway No. 6 southwesterly to the extension of the dividing line between lots B18 and B55 in the 1st Range East of the township of Cap-des-Rosiers; the said extension and the south line of lot B18 to a point located 1207 m from the northwest side of highway No. 6, such distance measured along the south line of lot B18; a straight line northwesterly to a point on the dividing line between lots 28-4 and 29-1 in the 1st Range North of the township of Cap-des-Rosiers located 1267.35 m from the limit between the 1st Range North and the 2nd Range North of the said township, such distance measured along the dividing line between lots 28-4 and 29-1; a straight line northwesterly to the intersection of the dividing line between lots 60-5 and 61-1 in the 1st Range South of L’Anse-aux-Griffons in the township of Cap-des-Rosiers with the north line of lot 57-4 in the 1st Range North of the said township; a straight line northwesterly to a point on the dividing line between lots 65-5 and 66-1 in the 1st Range South of L’Anse-aux-Griffons in the township of Cap-des-Rosiers located 905.25 m from the dividing line between the 1st Range South of L’Anse-aux-Griffons and the 1st Range North of the said township, such distance measured along the dividing line between lots 65-5 and 66-1; a straight line westerly to a point on the dividing line between lots 73-2 and 74-1 in the 1st Range South of L’Anse-aux-Griffons in the township of Cap-des-Rosiers located 1911.09 m from the limit between the 1st Range South of L’Anse-aux-Griffons and the 2nd Range North of the said township, such distance measured along the dividing line between lots 73-2 and 74-1; northerly, the dividing line between lots 73-2 and 74-1 and its extension to the north bank of the L’Anse-aux-Griffons river; northeasterly, the north bank of the said river to the dividing line between lots 11-4 and 12-1 in the 1st Range North of L’Anse-aux-Griffons in the township of Cap-des-Rosiers; northwesterly, the dividing line between lots 12-1 and 11-4 to a point located 1649.57 m from the dividing line between the 1st Range North of L’Anse-aux-Griffons and the 2nd Range North of L’Anse-aux-Griffons in the township of Cap-des-Rosiers, such distance measured along the dividing line between lots 11-4 and 12-1; a straight line northeasterly to a point on the dividing line between lots 4-2 and 5-1 in the 1st Range North of L’Anse-aux-Griffons in the township of Cap-des-Rosiers located 1388.05 m from the dividing line between the 1st Range North of L’Anse-aux-Griffons and the 2nd Range North of L’Anse-aux-Griffons in the said township, such distance measured along the dividing line between lots 5-1 and 4-2; northwesterly, the dividing line between lots 5-1 and 4-2 to the northwest boundary of the 1st Range North of L’Anse-aux-Griffons in the township of Cap-des-Rosiers; northeasterly, the northwest side of the 1st Range North of L’Anse-aux-Griffons in the township of Cap-des-Rosiers to the southwest side of highway No. 6; the southwest side of highway No. 6 to the dividing line between lots 4-2 and 5-1 in the 1st Range East of the township of Fox; southerly, the dividing line between lots 4-2 and 5-1 to the dividing line between the 1st Range East and the 2nd Range East of the township of Fox; northwesterly, the dividing line between the 1st Range East and the 2nd Range East of the township of Fox to the intersection of the dividing line between lots 520-3 and 520-4 in the 2nd Range East of the township of Fox; a straight line northwesterly to the point of intersection of the dividing line between lots 510 and 509-1 in the 2nd Range East of the township of Fox with the dividing line between the south range of the river and the 2nd Range East of the said township; westerly, the dividing line between the south range of the river and the 2nd Range East of the township of Fox to the dividing line between lots 127-1 and 129-1 in the south range of the river in the said township; northwesterly, the dividing line between lots 127-1 and 129-1 to a point located 1287.47 m from the dividing line between the south range of the river and the 2nd Range East in the township of Fox, such distance measured along the dividing line between lots 127-1 and 129-1; a straight line westerly to a point on the dividing line between lots 151-1 and 152 in the south range of the river in the township of Fox located 1287.47 m from the dividing line between the south range of the river and the 2nd Range East of the said township, such distance measured along the northeast line of lot 152; northwesterly, the dividing line between lots 151-1 and 152 to the south bank of the rivière au Renard; northwesterly, the southwest bank of the rivière au Renard to the southeast side of highway No. 6A; southwesterly, the southeast side of highway No. 6A to the northeast bank of the rivière au Renard; southwesterly, the northeast bank of the said river to the northeast line of lot 547-1 in the south range of the Fox township road; northwesterly, the northeast line of lot 547-1 to the southeast side of highway No. 6A; southwesterly, the southeast side of highway No. 6A to the southwest line of lot 562 in the north range of the Fox township road; southeasterly, the southwest line of lots 562 in the north range of the road and 559-1 in the south range of the road to a point located 985.72 m from the dividing line between the south range of the road and the 5th Range East of the township of Fox, such distance measured along the northeast line of lot 560-1 in the south range of the Fox township road; a straight line southwesterly to a point on the southwest line of lot 560-2 in the south range of the Fox township road located 824.78 m from the dividing line between the south range of the road and the 5th Range East of the township of Fox, such distance measured along the southwest line of lot 560-2; northwesterly, the northeast line of lot 19 of the east range of the Baie-de-Gaspé-Nord township road to the southeast side of highway No. 6A; southwesterly, the southeast side of highway No. 6A to the dividing line between lots 11 and 12 of the east range of the Baie-de-Gaspé-Nord township road; southeasterly, the dividing line between lots 11 and 12 to the southeast boundary of the east range of the Baie-de-Gaspé-Nord township road; southwesterly, the southeast boundary of the east range of the Baie-de-Gaspé-Nord township road to the southwest line of lot 1 of the east range of the Baie-de-Gaspé-Nord township road; northwesterly, the southwest line of lot 1 to the southeast side of highway No. 6A; finally, southwesterly, the southeast side of highway No. 6A to the starting point.

The area of the territory comprised within the limits above described is two hundred forty million three hundred sixty-three thousand seven hundred twenty-five and fifteen hundredths square metres (240 363 725.15 m2), namely twenty-four thousand thirty-six and thirty-seven hundredths hectares (24 036.37 ha), namely two hundred forty and thirty-six hundredths square kilometres (240.36 km2).

1970, c. 32, Schedule A; 1984, c. 47, s. 213.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 32 of the statutes of 1970, in force on 31 December 1977, is repealed, except section 14, effective from the coming into force of chapter P-8 of the Revised Statutes.