P-41.1, r. 1 - Preservation of Agricultural Land and Agricultural Activities Regulation

Section 5 Disposition versions

2021-11-05

5. For the purposes of section 100.1 of the Act, a declaration filed under section 32 or 32.1 of the Act by means of the form provided by the commission and duly completed must be accompanied by the following documents:

(1)  a copy of the land title for each lot in question and, in the case of a declaration made under section 32.1 of the Act, a copy of the deed or proposed deed of alienation, and a copy of any prior title, if a part of the area of the right recognized under Chapter VII of the Act was for the first time subdivided, alienated or retained on the occasion of a subdivision or alienation. Each of the copies of such titles must bear the date and number of publication in the land register;

(2)  a scale plan, dated and signed, the scale used to make it, indicating the cardinal points, the location of the buildings on each of the lots in question and the distances between them, the lot lines and the public road, as well as the location of the building to be erected. In the case of a declaration made under section 32.1 of the Act or where the building is to be erected or replaced on an area of recognized rights referred to in sections 101 and 103 of the Act, the plan must identify precisely the area of recognized rights referred to in section 101 of the Act and the location of the uses for purposes other than agricultural and the distances between them and the lot lines and the public road. Such plan must also illustrate the area over which the declarant claims to exercise the right to enlarge provided for in section 103 of the Act, where applicable;

(3)  a copy of the graphic matrix illustrating each of the lots in question;

(4)  in the case of the replacement of a burned-out or destroyed residence, erected under section 31 of the Act, or a building used for purposes other than agricultural before the date of application of the Act, a copy of the fire report or demolition permit, or an attestation by a municipal officer indicating the date of the total or partial destruction of the building or any other document making it possible to establish the date of the destruction;

(5)  where the declarant relies upon the personal right provided for in section 40 of the Act to erect a residence, the name, profession and quality of the occupant of the residence, the principal characteristics of the farm operation such as its total area, the area under cultivation, the type of crops, a list of the livestock, farm machinery and buildings, specifying which areas are leased by the declarant and which are owned by the declarant, and a copy of the financial documents for the last fiscal year;

(6)  where the declaration covers an area of recognized rights provided for in section 105 of the Act, an attestation by the clerk or clerk-treasurer of the municipality indicating the date on which the municipal by-laws providing for the installation of public water and sanitary sewer services were passed and approved, as well as the type of uses allowed by municipal by-laws on the areas covered by the declaration;

(7)  a cheque or postal money order made out to the Minister of Finance in the amount provided for in section 1 of the Regulation respecting the tariff of duties, fees and costs made under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1, r. 6).

O.C. 1163-84, s. 5; Decision 98-05-25, s. 2; Decision 2016-05-05, s. 2.

2016-06-23

5. For the purposes of section 100.1 of the Act, a declaration filed under section 32 or 32.1 of the Act by means of the form provided by the commission and duly completed must be accompanied by the following documents:

(1)  a copy of the land title for each lot in question and, in the case of a declaration made under section 32.1 of the Act, a copy of the deed or proposed deed of alienation, and a copy of any prior title, if a part of the area of the right recognized under Chapter VII of the Act was for the first time subdivided, alienated or retained on the occasion of a subdivision or alienation. Each of the copies of such titles must bear the date and number of publication in the land register;

(2)  a scale plan, dated and signed, the scale used to make it, indicating the cardinal points, the location of the buildings on each of the lots in question and the distances between them, the lot lines and the public road, as well as the location of the building to be erected. In the case of a declaration made under section 32.1 of the Act or where the building is to be erected or replaced on an area of recognized rights referred to in sections 101 and 103 of the Act, the plan must identify precisely the area of recognized rights referred to in section 101 of the Act and the location of the uses for purposes other than agricultural and the distances between them and the lot lines and the public road. Such plan must also illustrate the area over which the declarant claims to exercise the right to enlarge provided for in section 103 of the Act, where applicable;

(3)  a copy of the graphic matrix illustrating each of the lots in question;

(4)  in the case of the replacement of a burned-out or destroyed residence, erected under section 31 of the Act, or a building used for purposes other than agricultural before the date of application of the Act, a copy of the fire report or demolition permit, or an attestation by a municipal officer indicating the date of the total or partial destruction of the building or any other document making it possible to establish the date of the destruction;

(5)  where the declarant relies upon the personal right provided for in section 40 of the Act to erect a residence, the name, profession and quality of the occupant of the residence, the principal characteristics of the farm operation such as its total area, the area under cultivation, the type of crops, a list of the livestock, farm machinery and buildings, specifying which areas are leased by the declarant and which are owned by the declarant, and a copy of the financial documents for the last fiscal year;

(6)  where the declaration covers an area of recognized rights provided for in section 105 of the Act, an attestation by the clerk or secretary-treasurer of the municipality indicating the date on which the municipal by-laws providing for the installation of public water and sanitary sewer services were passed and approved, as well as the type of uses allowed by municipal by-laws on the areas covered by the declaration;

(7)  a cheque or postal money order made out to the Minister of Finance in the amount provided for in section 1 of the Regulation respecting the tariff of duties, fees and costs made under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1, r. 6).

O.C. 1163-84, s. 5; Decision 98-05-25, s. 2; Decision 2016-05-05, s. 2.

2012-09-01

5. For the purposes of section 100.1 of the Act, a declaration filed under section 32 or 32.1 of the Act by means of the form provided by the commission and duly completed shall, in order to be admissible, be accompagnied by the following documents:

(1)  a copy of the land title of the declarant for each lot in question and, in the case of a declaration made under section 32.1 of the Act, a copy of any prior title if a part of the right recognized under Chapter VII of the Act was for the first time subdivided, alienated or retained on the occasion of a subdivision or alienation. Each of the copies of such titles shall bear the date and number of publication in the land register;

(2)  a scale plan, dated and signed and indicating the cardinal points, the location of the buildings on each of the lots in question and their distance from the lot lines and the public road, as well as the location of the building to be erected. In the case of a declaration made under section 32.1 of the Act or where the building is to be erected on an area of recognized rights referred to in section 101 or 103 of the Act, the plan shall indicate precisely the area of recognized rights referred to in section 101 of the Act and the location of the uses for non-agricultural purposes and their distance from the lot lines and the public road. Such plan shall also illustrate the area over which the declarant claims to exercise the right to enlarge provided for in section 103 of the Act, where applicable. A copy of the deed of alienation shall also be attached to the declaration made under section 32.1;

(3)  a copy of the graphic matrix illustrating each of the lots in question;

(4)  where a residence erected under section 31 of the Act or a building used for non-agricultural purposes before the date of application of the Act is to be rebuilt, a copy of the fire report or demolition permit or an attestation by a municipal officer indicating the date of the total or partial destruction of the building or any other document making it possible to establish the date of the fire;

(5)  where the declarant relies upon the personal right provided for in section 40 of the Act to erect a residence, the principal characteristics of the operation such as its total area, the area under cultivation, the type of crops, a list of the livestock, farm machinery and buildings, specifying which areas are leased by the declarant and which are owned by him;

(6)  where the declaration covers an area of recognized rights provided for in section 105 of the Act, an attestation by the clerk or secretary-treasurer of the municipality indicating the date on which the municipal by-laws providing for the installation of public water and sanitary sewer systems were passed and approved, as well as the type of use allowed by municipal by-laws on the areas covered by the declaration.

O.C. 1163-84, s. 5; Decision 98-05-25, s. 2.