T-7.1, r. 2 - Regulation respecting the alienation and leasing of agricultural lands in the domain of the State

Section 6 Disposition versions

2012-09-01

6. A parcel of land may be granted only to the owner of an agricultural operation, and if more than one application for that land is made to the Minister, he shall grant the land in the following order:

(1)  to the owner of an agricultural operation whose main farm buildings are situated on another part of the lot comprising the land for sale or lease and having 1 side contiguous to the land for sale or lease;

(2)  to the owner of an agricultural operation whose main farm buildings are situated on a parcel of land having 1 side contiguous to the parcel of land for sale or lease;

(3)  to the owner of an agricultural operation whose main farm buildings are situated on a parcel of land which, when the distance is measured from the nearest boundary of the land, is closest by public highway to the parcel of land for sale or lease;

(4)  to any other owner of an agricultural operation entitled to receive the notice from the Minister;

(5)  to any other owner of an agricultural operation.

If only one person is registered in the group to whom priority is granted, the land shall be granted to that person. If a number of persons are registered in the group, the Minister shall grant the land by drawing lots in the presence of all registered persons or their representatives or, failing that, of at least 2 disinterested persons acting as witnesses.

If, in the same notice, the Minister puts land up for sale and for lease, priority shall be granted to an agricultural operator who wishes to purchase that land.

For the purposes of this section “public highway” means a public road as defined in section 1 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

“Land having 1 side contiguous” means a parcel of land having 1 side that would be contiguous if it were not separated from the land for sale or lease by a public highway, a railway or the right of way of a public utility.

O.C. 4-90, s. 6.