A-23, r. 10 - Regulation respecting standards of practice for location certificates

Section 9 Disposition versions

2022-03-01

9. Except in the cases referred to in section 10, a land surveyor shall check the following elements concerning or affecting the immovable property covered by the location in particular:

(1)  the date of the survey;

(2)  the date of the searches at the Land Registry Office;

(3)  an updated description of the immovable property, which must indicate for each of the cadastral lots or parts thereof forming it, their metes and bounds, their linear measures and their area, as well as the cadastral ties or, failing that, ties to the primitive survey or to an official coordinate system;

(4)  a reference to the most recent deed of acquisition registered, so as to identify the parties and to establish a link between the immovable property and the deed;

(5)  the cadastral history going back to the coming into force of the original cadastre concerned;

(6)  the conformity or lack of conformity between the marks of occupation on the immovable property, the boundaries, measurements and area of the cadastral plan in force, and the boundaries, measurements and area described in the ownership titles; if the territory has been renovated, the land surveyor shall also establish the conformity or lack of conformity between all those elements and the boundaries, measurements, and area appearing on the cadastral plan before being renovated;

(7)  any active and passive servitude registered in the Land register, or in the latest deed of acquisition;

(8)  the boundaries that have been marked with, where applicable, a reference to the registration number of the minutes of the boundary-marking operations;

(9)  any apparent servitude or charge that should normally be the subject of a servitude and that may affect the immovable property;

(10)  any notice of expropriation and any notice of reserve for public purposes registered in the Land register;

(11)  whether the immovable property is heritage property or located in whole or in part within a protected area or heritage site, where the required notice is registered in the Land register under the Cultural Heritage Act (chapter P-9.002), or where a similar provision appears in the municipal zoning by-law;

(12)  whether or not the immovable property is located within an agricultural zone the plan of which was approved by Order in Council under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1);

(13)  any apparent, allowed or exercised encroachment;

(14)  the buildings, dependencies and structures located on the immovable property, including sheds and swimming pools;

(15)  the municipal address;

(16)  a brief description of the work progress, for buildings, structures and dependencies under construction;

(17)  the number of stories and the type of exterior facing on the buildings and dependencies at the time of the survey;

(18)  the zone within the meaning of the municipal zoning by-law;

(19)  the conformity or non-conformity of the position of the structures, buildings and dependencies in relation to the boundaries of the immovable property in respect of the municipal zoning by-law in force when the location certificate is prepared;

(20)  whether the immovable property is located in whole or in part within a flood zone mapped out under the Canada-Québec agreement on mapping and flood zone protection and to sustainable water resources development, signed in 1976, as amended, or whether the immovable property is located in whole or in part within a protective strip of land established by the municipal zoning by-law under the Protection policy for lakeshores, riverbanks, littoral zones and floodplains (chapter Q-2, r. 35);

(21)  whether the immovable property is located in whole or in part within a protected zone, a protective strip of land, a flood zone or a risk zone established by the municipal zoning by-law;

(22)  whether the immovable property is located in whole or in part within an airport site, established by a regulation made under the Aeronautics Act (R.S.C. 1985, c. A-2) and filed in the Land Registry Office; and

(23)  whether the immovable property has some apparent characteristics of a housing complex within the meaning of section 45 of the Act respecting the Administrative Housing Tribunal (chapter T-15.01).

The land surveyor shall indicate in the report that elements referred to in subparagraphs 1 to 23 of the first paragraph were checked and, where applicable, specify the other elements that were also checked.

Where applicable, the land surveyor shall state or comment on the elements that were checked.

The report shall also indicate the place and date of closing of the minute.

O.C. 1058-2002, s. 9; I.N. 2016-01-01 (NCCP); S.Q. 2020, c. 17, s. 111.

2021-11-08

9. Except in the cases referred to in section 10, a land surveyor shall check the following elements concerning or affecting the immovable property covered by the location in particular:

(1)  the date of the survey;

(2)  the date of the searches at the Land Registry Office;

(3)  an updated description of the immovable property, which must indicate for each of the cadastral lots or parts thereof forming it, their metes and bounds, their linear measures and their area, as well as the cadastral ties or, failing that, ties to the primitive survey or to an official coordinate system;

(4)  a reference to the most recent deed of acquisition registered, so as to identify the parties and to establish a link between the immovable property and the deed;

(5)  the cadastral history going back to the coming into force of the original cadastre concerned;

(6)  the conformity or lack of conformity between the marks of occupation on the immovable property, the boundaries, measurements and area of the cadastral plan in force, and the boundaries, measurements and area described in the ownership titles; if the territory has been renovated, the land surveyor shall also establish the conformity or lack of conformity between all those elements and the boundaries, measurements, and area appearing on the cadastral plan before being renovated;

(7)  any active and passive servitude registered in the Land register, or in the latest deed of acquisition;

(8)  the boundaries that have been marked with, where applicable, a reference to the registration number of the minutes of the boundary-marking operations;

(9)  any apparent servitude or charge that should normally be the subject of a servitude and that may affect the immovable property;

(10)  any notice of expropriation and any notice of reserve for public purposes registered in the Land register;

(11)  whether the immovable property is heritage property or located in whole or in part within a protected area or heritage site, where the required notice is registered in the Land register under the Cultural Heritage Act (chapter P-9.002), or where a similar provision appears in the municipal zoning by-law;

(12)  whether or not the immovable property is located within an agricultural zone the plan of which was approved by Order in Council under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1);

(13)  any apparent, allowed or exercised encroachment;

(14)  the buildings, dependencies and structures located on the immovable property, including sheds and swimming pools;

(15)  the municipal address;

(16)  a brief description of the work progress, for buildings, structures and dependencies under construction;

(17)  the number of stories and the type of exterior facing on the buildings and dependencies at the time of the survey;

(18)  the zone within the meaning of the municipal zoning by-law;

(19)  the conformity or non-conformity of the position of the structures, buildings and dependencies in relation to the boundaries of the immovable property in respect of the municipal zoning by-law in force when the location certificate is prepared;

(20)  whether the immovable property is located in whole or in part within a flood zone mapped out under the Canada-Québec agreement on mapping and floodplain protection and to sustainable water resources development, signed in 1976, as amended, or whether the immovable property is located in whole or in part within a protective strip of land established by the municipal zoning by-law under the Protection policy for lakeshores, riverbanks, littoral zones and floodplains (chapter Q-2, r. 35);

(21)  whether the immovable property is located in whole or in part within a protected zone, a protective strip of land, a flood zone or a risk zone established by the municipal zoning by-law;

(22)  whether the immovable property is located in whole or in part within an airport site, established by a regulation made under the Aeronautics Act (R.S.C. 1985, c. A-2) and filed in the Land Registry Office; and

(23)  whether the immovable property has some apparent characteristics of a housing complex within the meaning of section 45 of the Act respecting the Administrative Housing Tribunal (chapter T-15.01).

The land surveyor shall indicate in the report that elements referred to in subparagraphs 1 to 23 of the first paragraph were checked and, where applicable, specify the other elements that were also checked.

Where applicable, the land surveyor shall state or comment on the elements that were checked.

The report shall also indicate the place and date of closing of the minute.

O.C. 1058-2002, s. 9; I.N. 2016-01-01 (NCCP); S.Q. 2020, c. 17, s. 111.

2020-08-31

9. Except in the cases referred to in section 10, a land surveyor shall check the following elements concerning or affecting the immovable property covered by the location in particular:

(1)  the date of the survey;

(2)  the date of the searches at the registry office;

(3)  an updated description of the immovable property, which must indicate for each of the cadastral lots or parts thereof forming it, their metes and bounds, their linear measures and their area, as well as the cadastral ties or, failing that, ties to the primitive survey or to an official coordinate system;

(4)  a reference to the most recent deed of acquisition registered, so as to identify the parties and to establish a link between the immovable property and the deed;

(5)  the cadastral history going back to the coming into force of the original cadastre concerned;

(6)  the conformity or lack of conformity between the marks of occupation on the immovable property, the boundaries, measurements and area of the cadastral plan in force, and the boundaries, measurements and area described in the ownership titles; if the territory has been renovated, the land surveyor shall also establish the conformity or lack of conformity between all those elements and the boundaries, measurements, and area appearing on the cadastral plan before being renovated;

(7)  any active and passive servitude registered in the Land register, or in the latest deed of acquisition;

(8)  the boundaries that have been marked with, where applicable, a reference to the registration number of the minutes of the boundary-marking operations;

(9)  any apparent servitude or charge that should normally be the subject of a servitude and that may affect the immovable property;

(10)  any notice of expropriation and any notice of reserve for public purposes registered in the Land register;

(11)  whether the immovable property is heritage property or located in whole or in part within a protected area or heritage site, where the required notice is registered in the Land register under the Cultural Heritage Act (chapter P-9.002), or where a similar provision appears in the municipal zoning by-law;

(12)  whether or not the immovable property is located within an agricultural zone the plan of which was approved by Order in Council under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1);

(13)  any apparent, allowed or exercised encroachment;

(14)  the buildings, dependencies and structures located on the immovable property, including sheds and swimming pools;

(15)  the municipal address;

(16)  a brief description of the work progress, for buildings, structures and dependencies under construction;

(17)  the number of stories and the type of exterior facing on the buildings and dependencies at the time of the survey;

(18)  the zone within the meaning of the municipal zoning by-law;

(19)  the conformity or non-conformity of the position of the structures, buildings and dependencies in relation to the boundaries of the immovable property in respect of the municipal zoning by-law in force when the location certificate is prepared;

(20)  whether the immovable property is located in whole or in part within a flood zone mapped out under the Canada-Québec agreement on mapping and floodplain protection and to sustainable water resources development, signed in 1976, as amended, or whether the immovable property is located in whole or in part within a protective strip of land established by the municipal zoning by-law under the Protection policy for lakeshores, riverbanks, littoral zones and floodplains (chapter Q-2, r. 35);

(21)  whether the immovable property is located in whole or in part within a protected zone, a protective strip of land, a flood zone or a risk zone established by the municipal zoning by-law;

(22)  whether the immovable property is located in whole or in part within an airport site, established by a regulation made under the Aeronautics Act (R.S.C. 1985, c. A-2) and filed in the registry office; and

(23)  whether the immovable property has some apparent characteristics of a housing complex within the meaning of section 45 of the Act respecting the Administrative Housing Tribunal (chapter T-15.01).

The land surveyor shall indicate in the report that elements referred to in subparagraphs 1 to 23 of the first paragraph were checked and, where applicable, specify the other elements that were also checked.

Where applicable, the land surveyor shall state or comment on the elements that were checked.

The report shall also indicate the place and date of closing of the minute.

O.C. 1058-2002, s. 9; I.N. 2016-01-01 (NCCP).

2016-01-01

9. Except in the cases referred to in section 10, a land surveyor shall check the following elements concerning or affecting the immovable property covered by the location in particular:

(1)  the date of the survey;

(2)  the date of the searches at the registry office;

(3)  an updated description of the immovable property, which must indicate for each of the cadastral lots or parts thereof forming it, their metes and bounds, their linear measures and their area, as well as the cadastral ties or, failing that, ties to the primitive survey or to an official coordinate system;

(4)  a reference to the most recent deed of acquisition registered, so as to identify the parties and to establish a link between the immovable property and the deed;

(5)  the cadastral history going back to the coming into force of the original cadastre concerned;

(6)  the conformity or lack of conformity between the marks of occupation on the immovable property, the boundaries, measurements and area of the cadastral plan in force, and the boundaries, measurements and area described in the ownership titles; if the territory has been renovated, the land surveyor shall also establish the conformity or lack of conformity between all those elements and the boundaries, measurements, and area appearing on the cadastral plan before being renovated;

(7)  any active and passive servitude registered in the Land register, or in the latest deed of acquisition;

(8)  the boundaries that have been marked with, where applicable, a reference to the registration number of the minutes of the boundary-marking operations;

(9)  any apparent servitude or charge that should normally be the subject of a servitude and that may affect the immovable property;

(10)  any notice of expropriation and any notice of reserve for public purposes registered in the Land register;

(11)  whether the immovable property is heritage property or located in whole or in part within a protected area or heritage site, where the required notice is registered in the Land register under the Cultural Heritage Act (chapter P-9.002), or where a similar provision appears in the municipal zoning by-law;

(12)  whether or not the immovable property is located within an agricultural zone the plan of which was approved by Order in Council under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1);

(13)  any apparent, allowed or exercised encroachment;

(14)  the buildings, dependencies and structures located on the immovable property, including sheds and swimming pools;

(15)  the municipal address;

(16)  a brief description of the work progress, for buildings, structures and dependencies under construction;

(17)  the number of stories and the type of exterior facing on the buildings and dependencies at the time of the survey;

(18)  the zone within the meaning of the municipal zoning by-law;

(19)  the conformity or non-conformity of the position of the structures, buildings and dependencies in relation to the boundaries of the immovable property in respect of the municipal zoning by-law in force when the location certificate is prepared;

(20)  whether the immovable property is located in whole or in part within a flood zone mapped out under the Canada-Québec agreement on mapping and floodplain protection and to sustainable water resources development, signed in 1976, as amended, or whether the immovable property is located in whole or in part within a protective strip of land established by the municipal zoning by-law under the Protection policy for lakeshores, riverbanks, littoral zones and floodplains (chapter Q-2, r. 35);

(21)  whether the immovable property is located in whole or in part within a protected zone, a protective strip of land, a flood zone or a risk zone established by the municipal zoning by-law;

(22)  whether the immovable property is located in whole or in part within an airport site, established by a regulation made under the Aeronautics Act (R.S.C. 1985, c. A-2) and filed in the registry office; and

(23)  whether the immovable property has some apparent characteristics of a housing complex within the meaning of section 45 of the Act respecting the Régie du logement (chapter R-8.1).

The land surveyor shall indicate in the report that elements referred to in subparagraphs 1 to 23 of the first paragraph were checked and, where applicable, specify the other elements that were also checked.

Where applicable, the land surveyor shall state or comment on the elements that were checked.

The report shall also indicate the place and date of closing of the minute.

O.C. 1058-2002, s. 9; I.N. 2016-01-01 (NCCP).

2012-10-19

9. Except in the cases referred to in section 10, a land surveyor shall check the following elements concerning or affecting the immovable property covered by the location in particular:

(1)  the date of the survey;

(2)  the date of the searches at the registry office;

(3)  an updated description of the immovable property, which must indicate for each of the cadastral lots or parts thereof forming it, their metes and bounds, their linear measures and their area, as well as the cadastral ties or, failing that, ties to the primitive survey or to an official coordinate system;

(4)  a reference to the most recent deed of acquisition registered, so as to identify the parties and to establish a link between the immovable property and the deed;

(5)  the cadastral history going back to the coming into force of the original cadastre concerned;

(6)  the conformity or lack of conformity between the marks of occupation on the immovable property, the boundaries, measurements and area of the cadastral plan in force, and the boundaries, measurements and area described in the ownership titles; if the territory has been renovated, the land surveyor shall also establish the conformity or lack of conformity between all those elements and the boundaries, measurements, and area appearing on the cadastral plan before being renovated;

(7)  any active and passive servitude registered in the Land register, or in the latest deed of acquisition;

(8)  the boundaries that have been marked with, where applicable, a reference to the registration number of the minutes of boundary determination;

(9)  any apparent servitude or charge that should normally be the subject of a servitude and that may affect the immovable property;

(10)  any notice of expropriation and any notice of reserve for public purposes registered in the Land register;

(11)  whether the immovable property is heritage property or located in whole or in part within a protected area or heritage site, where the required notice is registered in the Land register under the Cultural Heritage Act (chapter P-9.002), or where a similar provision appears in the municipal zoning by-law;

(12)  whether or not the immovable property is located within an agricultural zone the plan of which was approved by Order in Council under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1);

(13)  any apparent, allowed or exercised encroachment;

(14)  the buildings, dependencies and structures located on the immovable property, including sheds and swimming pools;

(15)  the municipal address;

(16)  a brief description of the work progress, for buildings, structures and dependencies under construction;

(17)  the number of stories and the type of exterior facing on the buildings and dependencies at the time of the survey;

(18)  the zone within the meaning of the municipal zoning by-law;

(19)  the conformity or non-conformity of the position of the structures, buildings and dependencies in relation to the boundaries of the immovable property in respect of the municipal zoning by-law in force when the location certificate is prepared;

(20)  whether the immovable property is located in whole or in part within a flood zone mapped out under the Canada-Québec agreement on mapping and floodplain protection and to sustainable water resources development, signed in 1976, as amended, or whether the immovable property is located in whole or in part within a protective strip of land established by the municipal zoning by-law under the Protection policy for lakeshores, riverbanks, littoral zones and floodplains (chapter Q-2, r. 35);

(21)  whether the immovable property is located in whole or in part within a protected zone, a protective strip of land, a flood zone or a risk zone established by the municipal zoning by-law;

(22)  whether the immovable property is located in whole or in part within an airport site, established by a regulation made under the Aeronautics Act (R.S.C. 1985, c. A-2) and filed in the registry office; and

(23)  whether the immovable property has some apparent characteristics of a housing complex within the meaning of section 45 of the Act respecting the Régie du logement (chapter R-8.1).

The land surveyor shall indicate in the report that elements referred to in subparagraphs 1 to 23 of the first paragraph were checked and, where applicable, specify the other elements that were also checked.

Where applicable, the land surveyor shall state or comment on the elements that were checked.

The report shall also indicate the place and date of closing of the minute.

O.C. 1058-2002, s. 9.

2012-09-01

9. Except in the cases referred to in section 10, a land surveyor shall check the following elements concerning or affecting the immovable property covered by the location in particular:

(1)  the date of the survey;

(2)  the date of the searches at the registry office;

(3)  an updated description of the immovable property, which must indicate for each of the cadastral lots or parts thereof forming it, their metes and bounds, their linear measures and their area, as well as the cadastral ties or, failing that, ties to the primitive survey or to an official coordinate system;

(4)  a reference to the most recent deed of acquisition registered, so as to identify the parties and to establish a link between the immovable property and the deed;

(5)  the cadastral history going back to the coming into force of the original cadastre concerned;

(6)  the conformity or lack of conformity between the marks of occupation on the immovable property, the boundaries, measurements and area of the cadastral plan in force, and the boundaries, measurements and area described in the ownership titles; if the territory has been renovated, the land surveyor shall also establish the conformity or lack of conformity between all those elements and the boundaries, measurements, and area appearing on the cadastral plan before being renovated;

(7)  any active and passive servitude registered in the Land register, or in the latest deed of acquisition;

(8)  the boundaries that have been marked with, where applicable, a reference to the registration number of the minutes of boundary determination;

(9)  any apparent servitude or charge that should normally be the subject of a servitude and that may affect the immovable property;

(10)  any notice of expropriation and any notice of reserve for public purposes registered in the Land register;

(11)  whether the immovable property is cultural property or located in whole or in part within a protected area or historic district, where the required notice is registered in the Land register under the Cultural Property Act (c. B-4), or where a similar provision appears in the municipal zoning by-law;

(12)  whether or not the immovable property is located within an agricultural zone the plan of which was approved by Order in Council under the Act respecting the preservation of agricultural land and agricultural activities (c. P-41.1);

(13)  any apparent, allowed or exercised encroachment;

(14)  the buildings, dependencies and structures located on the immovable property, including sheds and swimming pools;

(15)  the municipal address;

(16)  a brief description of the work progress, for buildings, structures and dependencies under construction;

(17)  the number of stories and the type of exterior facing on the buildings and dependencies at the time of the survey;

(18)  the zone within the meaning of the municipal zoning by-law;

(19)  the conformity or non-conformity of the position of the structures, buildings and dependencies in relation to the boundaries of the immovable property in respect of the municipal zoning by-law in force when the location certificate is prepared;

(20)  whether the immovable property is located in whole or in part within a flood zone mapped out under the Canada-Québec agreement on mapping and floodplain protection and to sustainable water resources development, signed in 1976, as amended, or whether the immovable property is located in whole or in part within a protective strip of land established by the municipal zoning by-law under the Protection policy for lakeshores, riverbanks, littoral zones and floodplains (c. Q-2, r. 35);

(21)  whether the immovable property is located in whole or in part within a protected zone, a protective strip of land, a flood zone or a risk zone established by the municipal zoning by-law;

(22)  whether the immovable property is located in whole or in part within an airport site, established by a regulation made under the Aeronautics Act (R.S.C. 1985, c. A-2) and filed in the registry office; and

(23)  whether the immovable property has some apparent characteristics of a housing complex within the meaning of section 45 of the Act respecting the Régie du logement (c. R-8.1).

The land surveyor shall indicate in the report that elements referred to in subparagraphs 1 to 23 of the first paragraph were checked and, where applicable, specify the other elements that were also checked.

Where applicable, the land surveyor shall state or comment on the elements that were checked.

The report shall also indicate the place and date of closing of the minute.

O.C. 1058-2002, s. 9.