P-41.1 - Act respecting the preservation of agricultural land and agricultural activities

Section 80 Disposition versions

2021-12-09

80. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation:

(1)  (paragraph repealed);

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V of Chapter II, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases and circumstances in which the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V of Chapter II, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  (paragraph repealed);

(6)  define the rules of internal management of the commission;

(6.1)  determine the cases and circumstances in which a rudimentary structure may be erected, without the authorization of the commission to serve as a shelter in a wooded area;

(6.2)  determine the cases and circumstances in which a residential site built upon before the issue of the designated agricultural region decree may be enlarged, without the authorization of the commission so as to comply with environmental standards;

(6.3)  determine the cases and circumstances in which all or part of a lot may be alienated in favour of producers without the authorization of the commission;

(6.4)  determine the cases and circumstances in which advertising billboards may be erected without the authorization of the commission;

(6.5)  determine the cases and circumstances in which surplus expropriated land may be retroceded by the Minister of Transport or by a municipality without the authorization of the commission;

(6.6)  determine the cases and circumstances in which an application referred to in section 32 must be accompanied with a declaration;

(6.7)  determine the cases and circumstances in which a declaration is required under section 32.1;

(7)  identify the municipal and public service purposes to which section 41 applies;

(7.1)  (paragraph repealed);

(7.2)  (paragraph repealed);

(8)  determine the amount of duties, fees and costs payable in respect of any application or declaration submitted to the commission, and the classes of persons which may be exempted therefrom;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(9.1)  determine the amount of duties payable for the issue of an attestation under section 15 or 105.1;

(9.2)  fix the fees to be borne by a person against whom an order or notice of non-compliance is issued, which may vary according to the nature of the alleged contravention and the area of land used unlawfully, or according to whether the order or notice was issued with or without a prior declaration;

(10)  (paragraph repealed);

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this Act.

The Government may also, by regulation, determine the cases and circumstances in which the following uses are allowed without the authorization of the commission:

(1)  a use ancillary to an agricultural operation;

(2)  a farm tourism-related use or a use related to farm product processing on a farm;

(3)  a secondary use in a residence or a multigenerational dwelling in a residence; and

(4)  land improvements promoting the practice of agriculture.

For the purposes of subparagraph 2 of the second paragraph, “farm tourism” means tourism activity that is complementary to agriculture and carried on on a farm, where tourists or excursionists are received by farm producers, who provide them with information and allow them to discover the farming environment, agriculture and agricultural production.

A regulation made under the second paragraph must also prescribe rules that minimize the impact of allowed uses of land on existing agricultural activities and enterprises or their development and on possible agricultural uses of neighbouring lots.

1978, c. 10, s. 80; 1985, c. 26, s. 25; 1987, c. 68, s. 100; 1989, c. 7, s. 27; 1996, c. 26, s. 49; 1997, c. 43, s. 494; 2001, c. 35, s. 17; 2017, c. 13, s. 196; 2021, c. 35, s. 85.

2017-06-16

80. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation:

(1)  (paragraph repealed);

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V of Chapter II, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases and circumstances in which the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V of Chapter II, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  (paragraph repealed);

(6)  define the rules of internal management of the commission;

(6.1)  determine the cases and circumstances in which a rudimentary structure may be erected, without the authorization of the commission to serve as a shelter in a wooded area;

(6.2)  determine the cases and circumstances in which a residential site built upon before the issue of the designated agricultural region decree may be enlarged, without the authorization of the commission so as to comply with environmental standards;

(6.3)  determine the cases and circumstances in which all or part of a lot may be alienated in favour of producers without the authorization of the commission;

(6.4)  determine the cases and circumstances in which advertising billboards may be erected without the authorization of the commission;

(6.5)  determine the cases and circumstances in which surplus expropriated land may be retroceded by the Minister of Transport or by a municipality without the authorization of the commission;

(6.6)  determine the cases and circumstances in which an application referred to in section 32 must be accompanied with a declaration;

(6.7)  determine the cases and circumstances in which a declaration is required under section 32.1;

(7)  identify the municipal and public service purposes to which section 41 applies;

(7.1)  (paragraph repealed);

(7.2)  (paragraph repealed);

(8)  determine the amount of duties, fees and costs payable in respect of any application or declaration submitted to the commission, and the classes of persons which may be exempted therefrom;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(9.1)  determine the amount of duties payable for the issue of an attestation under section 15 or 105.1;

(9.2)  fix the fees to be borne by a person against whom an order or notice of non-compliance is issued, which may vary according to the nature of the alleged contravention and the area of land used unlawfully, or according to whether the order or notice was issued with or without a prior declaration;

(10)  (paragraph repealed);

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this Act.

The Government may also, by regulation, determine the cases and circumstances in which the following uses are allowed without the authorization of the commission:

(1)  a use ancillary to an acericultural operation or an equestrian centre;

(2)  a farm tourism-related use;

(3)  a secondary use in a residence or a multigenerational dwelling in a residence; and

(4)  land improvements promoting the practice of agriculture.

For the purposes of subparagraph 2 of the second paragraph, “farm tourism” means tourism activity that is complementary to agriculture and carried on on a farm, where tourists or excursionists are received by farm producers, who provide them with information and allow them to discover the farming environment, agriculture and agricultural production.

A regulation made under the second paragraph must also prescribe rules that minimize the impact of allowed uses of land on existing agricultural activities and enterprises or their development and on possible agricultural uses of neighbouring lots.

1978, c. 10, s. 80; 1985, c. 26, s. 25; 1987, c. 68, s. 100; 1989, c. 7, s. 27; 1996, c. 26, s. 49; 1997, c. 43, s. 494; 2001, c. 35, s. 17; 2017, c. 13, s. 196.

2001-06-21

80. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation:

(1)  (paragraph repealed);

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V of Chapter II, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases and circumstances in which the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V of Chapter II, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  (paragraph repealed);

(6)  define the rules of internal management of the commission;

(6.1)  determine the cases and circumstances in which a rudimentary structure may be erected, without the authorization of the commission to serve as a shelter in a wooded area;

(6.2)  determine the cases and circumstances in which a residential site built upon before the issue of the designated agricultural region decree may be enlarged, without the authorization of the commission so as to comply with environmental standards;

(6.3)  determine the cases and circumstances in which all or part of a lot may be alienated in favour of producers without the authorization of the commission;

(6.4)  determine the cases and circumstances in which advertising billboards may be erected without the authorization of the commission;

(6.5)  determine the cases and circumstances in which surplus expropriated land may be retroceded by the Minister of Transport or by a municipality without the authorization of the commission;

(6.6)  determine the cases and circumstances in which an application referred to in section 32 must be accompanied with a declaration;

(6.7)  determine the cases and circumstances in which a declaration is required under section 32.1;

(7)  identify the municipal and public service purposes to which section 41 applies;

(7.1)  (paragraph repealed);

(7.2)  establish the standards to determine whether an activity is a farm-tourism activity and identify farm-tourism activities for the purposes of section 61.1.1;

(8)  determine the amount of duties, fees and costs payable in respect of any application or declaration submitted to the commission, and the classes of persons which may be exempted therefrom;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(9.1)  determine the amount of duties payable for the issue of an attestation under section 15 or 105.1;

(9.2)  fix the fees to be borne by a person against whom an order or notice of non-compliance is issued, which may vary according to the nature of the alleged contravention and the area of land used unlawfully, or according to whether the order or notice was issued with or without a prior declaration;

(10)  (paragraph repealed);

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this Act.

1978, c. 10, s. 80; 1985, c. 26, s. 25; 1987, c. 68, s. 100; 1989, c. 7, s. 27; 1996, c. 26, s. 49; 1997, c. 43, s. 494; 2001, c. 35, s. 17.

1998-04-01

80. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation:

(1)  (paragraph repealed);

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V of Chapter II, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases and circumstances in which the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V of Chapter II, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  (paragraph repealed);

(6)  define the rules of internal management of the commission;

(6.1)  determine the cases and circumstances in which a rudimentary structure may be erected, without the authorization of the commission to serve as a shelter in a wooded area;

(6.2)  determine the cases and circumstances in which a residential site built upon before the issue of the designated agricultural region decree may be enlarged, without the authorization of the commission so as to comply with environmental standards;

(6.3)  determine the cases and circumstances in which all or part of a lot may be alienated in favour of producers without the authorization of the commission;

(6.4)  determine the cases and circumstances in which advertising billboards may be erected without the authorization of the commission;

(6.5)  determine the cases and circumstances in which surplus expropriated land may be retroceded by the Minister of Transport or by a municipality without the authorization of the commission;

(6.6)  determine the cases and circumstances in which an application referred to in section 32 must be accompanied with a declaration;

(6.7)  determine the cases and circumstances in which a declaration is required under section 32.1;

(7)  identify the municipal and public service purposes to which section 41 applies;

(7.1)  (paragraph repealed);

(8)  determine the amount of duties, fees and costs payable in respect of any application or declaration submitted to the commission, and the classes of persons which may be exempted therefrom;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(9.1)  determine the amount of duties payable for the issue of an attestation under section 15 or 105.1;

(9.2)  fix the fees to be borne by a person against whom an order or notice of non-compliance is issued, which may vary according to the nature of the alleged contravention and the area of land used unlawfully, or according to whether the order or notice was issued with or without a prior declaration;

(10)  (paragraph repealed);

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this Act.

1978, c. 10, s. 80; 1985, c. 26, s. 25; 1987, c. 68, s. 100; 1989, c. 7, s. 27; 1996, c. 26, s. 49; 1997, c. 43, s. 494.

1997-06-20

80. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation:

(1)  (paragraph repealed);

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V of Chapter II, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases and circumstances in which the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V of Chapter II, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  (paragraph repealed);

(6)  define the rules of internal management of the commission and of the appeal tribunal;

(6.1)  determine the cases and circumstances in which a rudimentary structure may be erected, without the authorization of the commission to serve as a shelter in a wooded area;

(6.2)  determine the cases and circumstances in which a residential site built upon before the issue of the designated agricultural region decree may be enlarged, without the authorization of the commission so as to comply with environmental standards;

(6.3)  determine the cases and circumstances in which all or part of a lot may be alienated in favour of producers without the authorization of the commission;

(6.4)  determine the cases and circumstances in which advertising billboards may be erected without the authorization of the commission;

(6.5)  determine the cases and circumstances in which surplus expropriated land may be retroceded by the Minister of Transport or by a municipality without the authorization of the commission;

(6.6)  determine the cases and circumstances in which an application referred to in section 32 must be accompanied with a declaration;

(6.7)  determine the cases and circumstances in which a declaration is required under section 32.1;

(7)  identify the municipal and public service purposes to which section 41 applies;

(7.1)  (paragraph repealed);

(8)  determine the amount of duties, fees, expenses and costs payable in respect of any application or declaration submitted to the commission or in respect of any application submitted to the appeal tribunal, and the classes of persons which may be exempted therefrom;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(9.1)  determine the amount of duties payable for the issue of an attestation under section 15 or 105.1;

(9.2)  fix the fees and costs to be borne by a person against whom an order or notice of non-compliance is issued, which may vary according to the nature of the alleged contravention and the area of land used unlawfully, or according to whether the order or notice was issued with or without a prior declaration;

(10)  (paragraph repealed);

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this Act.

1978, c. 10, s. 80; 1985, c. 26, s. 25; 1987, c. 68, s. 100; 1989, c. 7, s. 27; 1996, c. 26, s. 49.

1989-08-02

80. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation:

(1)  (paragraph repealed);

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases where the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  (paragraph repealed);

(6)  define the rules of internal management of the commission and of the appeal tribunal;

(7)  identify the municipal and public service purposes to which section 41 applies;

(7.1)  identify the public utility services to which section 69.0.8 applies;

(8)  determine the tariff of duties, fees, expenses and costs payable in respect of any matter submitted to the commission or to the appeal tribunal and the classes of persons that may be dispensed from paying them;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(10)  (paragraph repealed);

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this Act.

1978, c. 10, s. 80; 1985, c. 26, s. 25; 1987, c. 68, s. 100; 1989, c. 7, s. 27.

1987-12-31

80. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation:

(1)  (paragraph repealed);

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases where the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  (paragraph repealed);

(6)  define the rules of internal management of the commission;

(7)  identify the municipal and public service purposes to which section 41 applies;

(8)  determine the tariff of duties, fees, expenses and costs payable in respect of any matter submitted to the commission and the classes of persons that may be dispensed from paying them;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(10)  (paragraph repealed);

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this Act.

1978, c. 10, s. 80; 1985, c. 26, s. 25; 1987, c. 68, s. 100.

1985-06-20

80. In addition to the other regulatory powers conferred on it by this Act, the Government may, by regulation:

(1)  (paragraph repealed);

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases where the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  (paragraph repealed);

(6)  define the rules of internal management of the commission;

(7)  identify the municipal and public service purposes to which section 41 applies;

(8)  determine the tariff of duties, fees, expenses and costs payable in respect of any matter submitted to the commission, the duties to be paid to obtain copies of documents filed in the record office and the classes of persons that may be dispensed from paying them;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(10)  (paragraph repealed);

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this Act.

1978, c. 10, s. 80; 1985, c. 26, s. 25.

1978-12-22

80. In addition to the other regulatory powers conferred on it by this act, the Government may, by regulation:

(1)  determine the manner of presenting and processing an application for authorization, exclusion or inclusion, and the information or documents necessary for such an application;

(2)  determine the conditions required from every person applying for a permit or for its renewal under Division V, the documents necessary for such an application and the fee for such a permit or its renewal;

(3)  determine, for the purposes of section 70, the cases where the removal of topsoil does not require a permit;

(4)  determine, for the purposes of Division V, the form of the security required, the cases where it may be confiscated, what is done with it in the case of confiscation and the manner in which it is remitted when it is no longer required;

(5)  define the rules of practice and of procedure of the commission for its public hearings;

(6)  define the rules of internal management of the commission;

(7)  identify the municipal and public service purposes to which section 41 applies;

(8)  determine the tariff of duties, fees, expenses and costs payable in respect of any matter submitted to the commission, the duties to be paid to obtain copies of documents filed in the record office and the classes of persons that may be dispensed from paying them;

(9)  fix the fees of experts and investigators whose services the commission considers it expedient to retain;

(10)  prescribe the forms to be used for the application of any provision of this act;

(11)  determine the staff requirements of the commission and the standards and scales applicable to its personnel;

(12)  determine any other measure necessary for the application and proper administration of this act.

1978, c. 10, s. 80.