M-36 - Act to promote the development of agricultural operations

Section 21.4 Disposition versions

1986-08-20

21.4. Where a person applying for a grant is a lessee, or a lessee by emphytheutic lease, of the farm in respect of which such application for a grant is made, such lease must be attested by a notarial instrument or a private writing, which must be registered in the registry office of the registration division in which the farm is situated, and the time remaining to run in the term of the lease must be at least five years, calculated from the date on which the Bureau receives such application, except in the case of a lease obtained by the lessee of a farm contemplated in section 6.1 or 21.3, where the time remaining to run in the term of the lease must be at least equal to the term foreseen for the carrying out of the plan or work contemplated in section 24.

In the case of the lease of the lessee of a farm, the period of renewal stipulated therein at the option of the lessee, where such is the case, shall also be considered, for the purposes of fixing the term contemplated in the first paragraph, provided that the lessee binds himself in writing to exercise such option, to fulfil within the provided delays, where such is the case, all the formalities required for the exercise of such option, and to register, before the expiry of the initial term of the lease or of the renewed term of the lease, as the case may be, a statement of these facts containing a description of that farm in conformity with article 2168 of the Civil Code.

1978, c. 43, s. 10; 1986, c. 54, s. 8.

1979-03-15

21.4. Where a person applying for a grant is a lessee, or a lessee by emphytheutic lease, of the farm in respect of which such application for a grant is made, such lease must be attested by a notarial instrument or a private writing, which must be registered in the registry office of the registration division in which the farm is situated, and the time remaining to run in the term of the lease must be at least ten years, calculated from the date on which the bureau receives such application, except in the case of a lease obtained by the lessee of a farm contemplated in section 6.1 or 21.3, where the time remaining to run in the term of the lease must be at least equal to the term foreseen for the carrying out of the plan or work contemplated in section 24.

In the case of the lease of the lessee of a farm, the period of renewal stipulated therein at the option of the lessee, where such is the case, shall also be considered, for the purposes of fixing the term contemplated in the first paragraph, provided that the lessee binds himself in writing to exercise such option, to fulfil within the provided delays, where such is the case, all the formalities required for the exercise of such option, and to register, before the expiry of the initial term of the lease or of the renewed term of the lease, as the case may be, a statement of these facts containing a description of that farm in conformity with article 2168 of the Civil Code.

1978, c. 43, s. 10.