Q-2 - Environment Quality Act

Section 31.47 Disposition versions

2024-06-19

31.47. If the rehabilitation plan approved by the Minister provides for land use restrictions, the person having submitted the plan shall, as soon as possible following the approval, apply for registration in the land register of a notice of use restriction containing, in addition to the description of the land,

(1)  the name and address of the applicant for registration ;

(2)  a description of the work or works required under the rehabilitation plan and a statement of the land use restrictions including the resulting charges and obligations ; and

(3)  an indication of the place where the rehabilitation plan may be consulted.

In addition, the applicant must immediately transmit to the Minister and to the owner of the land a duplicate of the notice bearing a registration certificate or a copy of the notice certified by the Land Registrar. On receipt of the document, the Minister shall transmit a copy to the municipality in which the land is situated ; if the land is situated in a territory referred to in section 133 or 168 that is not constituted as a municipality, the document is transmitted to the body designated by the Minister.

Registration of the notice renders the rehabilitation plan effective against third persons and any subsequent acquirer of the land is bound by the charges and obligations provided for in the rehabilitation plan as regards land use restrictions.

1990, c. 26, s. 4; 1997, c. 43, s. 522; 2000, c. 42, s. 207; 2002, c. 11, s. 2; I.N. 2024-08-31.

2003-03-01

31.47. If the rehabilitation plan approved by the Minister provides for land use restrictions, the person or municipality having submitted the plan shall, as soon as possible following the approval, apply for registration in the land register of a notice of use restriction containing, in addition to the description of the land,

(1)  the name and address of the applicant for registration ;

(2)  a description of the work or works required under the rehabilitation plan and a statement of the land use restrictions including the resulting charges and obligations ; and

(3)  an indication of the place where the rehabilitation plan may be consulted.

In addition, the applicant must immediately transmit to the Minister and to the owner of the land a duplicate of the notice bearing a registration certificate or a copy of the notice certified by the Land Registrar. On receipt of the document, the Minister shall transmit a copy to the municipality in which the land is situated ; if the land is situated in a territory referred to in section 133 or 168 that is not constituted as a municipality, the document is transmitted to the body designated by the Minister.

Registration of the notice renders the rehabilitation plan effective against third persons and any subsequent acquirer of the land is bound by the charges and obligations provided for in the rehabilitation plan as regards land use restrictions.

1990, c. 26, s. 4; 1997, c. 43, s. 522; 2000, c. 42, s. 207; 2002, c. 11, s. 2.

Not in force

Not in force

31.47. The notice shall include a statement of the reasons invoked by the Minister and the designation of the contaminated lot or part of a lot and shall state that observations may be presented by the owner within the period of time he specifies in the notice and that the notice must be registered by the Minister at the registry office ; the notice shall be accompanied with a copy of every analysis, study or other technical report taken into consideration by the Minister.

The notice takes effect 16 days after notification or on any later date specified therein by the Minister.

1990, c. 26, s. 4; 1997, c. 43, s. 522; 2000, c. 42, s. 207.