Q-2, r. 26 - Agricultural Operations Regulation

Section 50.3 Disposition versions

2023-12-18

50.3. No person may cultivate crops in the territory of a municipality listed in any of Schedules II to V. The prohibition does not apply to the following crop cultivation: trees, other than the types referred to in subparagraph 2.1 of the second paragraph, shrubs, blueberry, cranberry, strawberry or raspberry plants and vines.

Crop cultivation to which the prohibition applies is however authorized

(1)  in a raising site or spreading site situated in the territory of a municipality listed in Schedule II or III and existing on 16 December 2004, over an area that does not exceed the area of that site used for such crop cultivation during the 2004 growing season;

(2)  in a raising site or spreading site situated in the territory of a municipality listed in Schedule V and existing on 19 October 2005, over an area that does not exceed the area of that site used for such crop cultivation during the 2005 growing season;

(2.1)  in a raising site or spreading site situated in the territory of a municipality listed in Schedules II, III and V and existing on 26 April 2012 over an area that does not exceed the area of that site used for crop cultivation during the 2011 growing season for the cultivation of fruit trees or conifers cultivated and used for ornamental purposes and harvested without their root systems;

(3)  on land whose area used for crop cultivation does not exceed 1 ha;

(4)  in an area previously occupied by a ditch, a farm road, a building or a man-made rock pile, in a raising site or spreading site situated in the territory of a municipality listed in Schedule II, III or V, provided that the crops are cultivated outside the littoral zone of a lake or watercourse and a 3 m strip from it; or

(5)  on a portion of land situated within the right of way of a Hydro-Québec power transmission line.

Where a portion of land referred to in subparagraph 5 of the second paragraph is added to the parcels cultivated by an operator, the operator must, at least 30 days before the beginning of the required work, send a notice to the Minister to inform the Minister that the portion of land will be cultivated. The requirement to notify the Minister also applies to a portion of land already used for crop cultivation authorized under the first paragraph of this section before 18 December 2023 if that crop is changed for one that was prohibited before that date.

The notice referred to in the third paragraph must include the type of crop grown and, where the operator is not the owner of the parcel, an attestation that a lease was granted by the owner. The notice is also accompanied by a location certificate identifying the right of way of the power transmission line and the portion of cultivated land within that right of way.

O.C. 1098-2004, s. 7; O.C. 906-2005, s. 18; O.C. 606-2010, s. 30; O.C. 269-2012, s. 5; O.C. 1460-2022, s. 9; O.C. 983-2023, s. 11.

2022-09-01

50.3. No person may cultivate crops in the territory of a municipality listed in any of Schedules II to V. The prohibition does not apply to the following crop cultivation: trees, other than the types referred to in subparagraph 2.1 of the second paragraph, shrubs, blueberry, cranberry, strawberry or raspberry plants and vines.

Crop cultivation to which the prohibition applies is however authorized

(1)  in a raising site or spreading site situated in the territory of a municipality listed in Schedule II or III and existing on 16 December 2004, over an area that does not exceed the area of that site used for such crop cultivation during the 2004 growing season;

(2)  in a raising site or spreading site situated in the territory of a municipality listed in Schedule V and existing on 19 October 2005, over an area that does not exceed the area of that site used for such crop cultivation during the 2005 growing season;

(2.1)  in a raising site or spreading site situated in the territory of a municipality listed in Schedules II, III and V and existing on 26 April 2012 over an area that does not exceed the area of that site used for crop cultivation during the 2011 growing season for the cultivation of fruit trees or conifers cultivated and used for ornamental purposes and harvested without their root systems;

(3)  on land whose area used for crop cultivation does not exceed 1 ha; or

(4)  in an area previously occupied by a ditch, a farm road, a building or a man-made rock pile, in a raising site or spreading site situated in the territory of a municipality listed in Schedule II, III or V, provided that the crops are cultivated outside the littoral zone of a lake or watercourse and a 3 m strip from it.

O.C. 1098-2004, s. 7; O.C. 906-2005, s. 18; O.C. 606-2010, s. 30; O.C. 269-2012, s. 5; O.C. 1460-2022, s. 9.

2012-09-01

50.3. No person may cultivate crops in the territory of a municipality listed in any of Schedules II to V. The prohibition does not apply to the following crop cultivation: trees, other than the types referred to in subparagraph 2.1 of the second paragraph, shrubs, blueberry, cranberry, strawberry or raspberry plants and vines.

Crop cultivation to which the prohibition applies is however authorized

(1)  in a raising site or spreading site situated in the territory of a municipality listed in Schedule II or III and existing on 16 December 2004, over an area that does not exceed the area of that site used for such crop cultivation during the 2004 growing season;

(2)  in a raising site or spreading site situated in the territory of a municipality listed in Schedule V and existing on 19 October 2005, over an area that does not exceed the area of that site used for such crop cultivation during the 2005 growing season;

(2.1)  in a raising site or spreading site situated in the territory of a municipality listed in Schedules II, III and V and existing on 26 April 2012 over an area that does not exceed the area of that site used for crop cultivation during the 2011 growing season for the cultivation of fruit trees or conifers cultivated and used for ornamental purposes and harvested without their root systems; or

(3)  on land whose area used for crop cultivation does not exceed 1 hectare.

O.C. 1098-2004, s. 7; O.C. 906-2005, s. 18; O.C. 606-2010, s. 30; O.C. 269-2012, s. 5.