C-47.1 - Municipal Powers Act

Section 36 Disposition versions

2006-01-01

36. The owner of land situated in the agricultural zone of a local municipality within the meaning of subparagraph 17 of the first paragraph of section 1 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the owner of land situated outside that zone and who carries on an agricultural activity within the meaning of subparagraph 0.1 of the first paragraph of section 1 of that Act on that land, or the owner of land who carries on forest activities on that land may, regarding that land, request the designated person in writing to examine a matter and try to resolve a disagreement relating to

(1)  the construction, repair or maintenance of a common fence or common ditch under article 1002 of the Civil Code;

(2)  drainage work on that land involving the creation, improvement or maintenance of a drainage ditch

(a)  used solely for drainage or irrigation;

(b)  that was artificially created; or

(c)  the watershed of which has an area of less than 100 hectares; or

(3)  clearances under article 986 of the Civil Code.

The application must describe the nature, extent and expected cost of the proposed work and provide an estimate of the contribution the interested owners must make.

The owner of land adjacent to land referred to in the first paragraph may exercise the rights set out in that paragraph regarding that land, even if the owner does not meet the criteria specified in the paragraph.

The designated person does not lose his or her mandate simply because

(1)  there is a maximum discrepancy of 10% in the evaluation of the drained area; or

(2)  the application also concerns land situated in the territory of another local municipality.

2005, c. 6, s. 36.