D-15.1 - Act respecting duties on transfers of immovables

Section 9 Disposition versions

2021-02-01

9. The application for registration of a transfer must contain the following particulars:

(a)  the names of the transferor and of the transferee;

(b)  the address of the principal residence of the transferor;

(c)  the address of the principal residence of the tranferee;

(d)  the name of the municipality in the territory of which the immovable is situated, if the immovable is not immatriculated;

(e)  the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee;

(e.1)  the amount constituting the basis of imposition of the transfer duties, according to the transferor and the transferee, and, where applicable, the portion thereof that is subject to the third paragraph of section 4;

(f)  the amount of the transfer duties;

(g)  where applicable, the provision of any of sections 17 to 20 under which, according to the transferee, the transferee is exempted from the payment of transfer duties;

(h)  any other particular prescribed by regulation.

The application must, in addition, indicate whether or not the transfer is of both a corporeal immovable and movables referred to in section 1.0.1. If so, the application shall include the particulars required under subparagraphs e to h of the first paragraph in respect of all movables referred to in section 1.0.1 which are transferred with the immovable.

In addition, the information determined by government regulation, on the recommendation of the Minister of Finance and the minister responsible for natural resources, must be entered on the form made available for presenting an application for registration in the land register under the third paragraph of article 2982 of the Civil Code. Such information is collected for the purposes of the development, by the Minister of Finance, of economic, fiscal, budgetary and financial policies in accordance with section 2 of the Act respecting the Ministère des Finances (chapter M-24.01) and may, in the case of anonymized land registration information, be disseminated by the minister responsible for natural resources.

1976, c. 30, s. 9; 1991, c. 32, s. 236; 1993, c. 78, s. 26; 2000, c. 42, s. 158; 2018, c. 18, s. 127; 2020, c. 17, s. 75.

2018-06-12

9. The application for registration of a transfer must contain the following particulars:

(a)  the names of the transferor and of the transferee;

(b)  the address of the principal residence of the transferor;

(c)  the address of the principal residence of the tranferee;

(d)  the name of the municipality in the territory of which the immovable is situated, if the immovable is not immatriculated;

(e)  the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee;

(e.1)  the amount constituting the basis of imposition of the transfer duties, according to the transferor and the transferee, and, where applicable, the portion thereof that is subject to the third paragraph of section 4;

(f)  the amount of the transfer duties;

(g)  where applicable, the provision of any of sections 17 to 20 under which, according to the transferee, the transferee is exempted from the payment of transfer duties;

(h)  any other particular prescribed by regulation.

The application must, in addition, indicate whether or not the transfer is of both a corporeal immovable and movables referred to in section 1.0.1. If so, the application shall include the particulars required under subparagraphs e to h of the first paragraph in respect of all movables referred to in section 1.0.1 which are transferred with the immovable.

In addition, the information determined by government regulation, on the recommendation of the Minister of Finance and the minister responsible for natural resources, must be entered on the form made available for presenting an application for registration in the land register under the third paragraph of article 2982 of the Civil Code. Such information is collected for the purposes of the development, by the Minister of Finance, of economic, fiscal, budgetary and financial policies in accordance with section 2 of the Act respecting the Ministère des Finances (chapter M-24.01).

1976, c. 30, s. 9; 1991, c. 32, s. 236; 1993, c. 78, s. 26; 2000, c. 42, s. 158; 2018, c. 18, s. 127.

2001-10-09

9. The application for registration of a transfer must contain the following particulars:

(a)  the names of the transferor and of the transferee;

(b)  the address of the principal residence of the transferor;

(c)  the address of the principal residence of the tranferee;

(d)  the name of the municipality in the territory of which the immovable is situated, if the immovable is not immatriculated;

(e)  the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee;

(e.1)  the amount constituting the basis of imposition of the transfer duties, according to the transferor and the transferee, and, where applicable, the portion thereof that is subject to the third paragraph of section 4;

(f)  the amount of the transfer duties;

(g)  where applicable, the provision of any of sections 17 to 20 under which, according to the transferee, the transferee is exempted from the payment of transfer duties;

(h)  any other particular prescribed by regulation.

The application must, in addition, indicate whether or not the transfer is of both a corporeal immovable and movables referred to in section 1.0.1. If so, the application shall include the particulars required under subparagraphs e to h of the first paragraph in respect of all movables referred to in section 1.0.1 which are transferred with the immovable.

1976, c. 30, s. 9; 1991, c. 32, s. 236; 1993, c. 78, s. 26; 2000, c. 42, s. 158.

1994-01-01

9. The application for registration of a transfer must contain the following particulars:

(a)  the names of the transferor and of the transferee;

(b)  the address of the principal residence of the transferor;

(c)  the address of the principal residence of the tranferee;

(d)  the name of the municipality in the territory of which the immovable is situated;

(e)  the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee;

(e.1)  the amount constituting the basis of imposition of the transfer duties, according to the transferor and the transferee, and, where applicable, the portion thereof that is subject to the third paragraph of section 4;

(f)  the amount of the transfer duties;

(g)  where applicable, the provision of any of sections 17 to 20 under which, according to the transferee, the transferee is exempted from the payment of transfer duties;

(h)  any other particular prescribed by regulation.

The parties must declare, in a separate writing, whether or not there is a transfer of both a corporeal immovable and movables referred to in section 1.0.1. The declaration shall include the information prescribed under subparagraphs a to d of the first paragraph. If the declaration mentions that there is such a transfer, it shall also include the information prescribed in the other subparagraphs of the said paragraph, where applicable, in respect of the aggregate of the movables referred to in section 1.0.1 which are transferred with the immovable.

1976, c. 30, s. 9; 1991, c. 32, s. 236; 1993, c. 78, s. 26.

1991-06-20

9. The deed of transfer must contain the following particulars:

(a)  the name and given names of the transferor and of the transferee;

(b)  the address of the principal residence of the transferor;

(c)  the address of the principal residence of the tranferee;

(d)  the name of the municipality in which the immovable is situated;

(e)  a statement by the transferor and by the transferee assessing the value of the consideration or the value of that part of the consideration which is referred to in the third paragraph of section 4;

(f)  the amount of the transfer duties;

(g)  the particulars required by sections 17 to 20, if such is the case;

(h)  any other particular prescribed by regulation.

The registrar shall refuse to register such a deed where he verifies that any of the information required by virtue of this section or by regulation is missing therefrom.

1976, c. 30, s. 9; 1991, c. 32, s. 236.

1977-12-31

9. The deed of transfer relating to an immoveable situated wholly or in part in a municipality where the by-law contemplated in section 2 is in force must contain the following particulars:

(a)  the name and given names of the transferor and of the transferee;

(b)  the address of the principal residence of the transferor;

(c)  the address of the principal residence of the tranferee;

(d)  the name of the municipality in which the immoveable is situated;

(e)  a statement by the transferor and by the transferee establishing the value of the consideration or the value of that part of the consideration which is referred to in the third paragraph of section 4;

(f)  the amount of the transfer duties;

(g)  the particulars required by sections 17 to 20, if such is the case;

(h)  any other particular prescribed by regulation.

The registrar shall refuse to register such a deed where he verifies that any of the information required by virtue of this section or by regulation is missing therefrom.

1976, c. 30, s. 9.