A-4.1 - Act respecting the acquisition of farm land by non-residents

Section 28 Disposition versions

2016-01-01

28. Where a person has made an acquisition of farm land in contravention of sections 8 to 11, the commission may, by order, to the extent that the right of action contemplated in section 27 is not exercised, enjoin that person to divest himself of that farm land within six months of the service of that order.

If that person fails to comply with the order within the allotted time, the commission may apply to a judge of the Superior Court to obtain authorization to sell the immovable under judicial authority. In such a case, articles 704 and following of the Code of Civil Procedure (chapter C‐25.01) apply, with the necessary modifications.

The proceeds of the sale, after payment of the costs, the claims of the prior and hypothecary creditors, and the fines, if any, due under section 31, shall be remitted to the contravener.

1979, c. 65, s. 28; 1992, c. 57, s. 428; I.N. 2016-01-01 (NCCP).

1994-01-01

28. Where a person has made an acquisition of farm land in contravention of sections 8 to 11, the commission may, by order, to the extent that the right of action contemplated in section 27 is not exercised, enjoin that person to divest himself of that farm land within six months of the service of that order.

If that person fails to comply with the order within the allotted time, the commission may, by motion, apply to a judge of the Superior Court to obtain authorization for the judicial sale of the immovable. In such a case, articles 660 and following of the Code of Civil Procedure (chapter C‐25) apply, with the necessary modifications.

The proceeds of the sale, after payment of the costs, the claims of the prior and hypothecary creditors, and the fines, if any, due under section 31, shall be remitted to the contravener.

1979, c. 65, s. 28; 1992, c. 57, s. 428.

1979-12-21

28. Where a person has made an acquisition of farm land in contravention of sections 8 to 11, the commission may, by order, to the extent that the right of action contemplated in section 27 is not exercised, enjoin that person to divest himself of that farm land within six months of the service of that order.

If that person fails to comply with the order within the allotted time, the commission may, by motion, apply to a judge of the Superior Court to obtain authorization for the judicial sale of the immoveable. In such a case, articles 660 and following of the Code of Civil Procedure apply, mutatismutandis.

The proceeds of the sale, after payment of the costs, the claims of the holders of real rights, and the fines, if any, due under section 31, shall be remitted to the contravener.

1979, c. 65, s. 28.