Q-2 - Environment Quality Act

Section 65.2 Disposition versions

2018-03-23

65.2. If an authorization prescribes restrictions on the use of the land, the holder must, as soon as possible after it is issued, apply for a land use restriction notice to be registered in the land register. In addition to a description of the land, the notice must contain

(1)  the applicant’s name and address;

(2)  if applicable, a description of the work to be done or works to be erected to remove the residual materials from the land or to protect the quality of the environment and prevent adverse effects on the life, health, safety, welfare and comfort of human beings or on ecosystems, other living species or property; and

(3)  a statement of the land use restrictions, including the resulting charges and obligations.

In addition, the holder must, without delay, send the Minister and 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 receiving the document, the Minister shall send 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 must be sent to the body designated by the Minister.

Registration of the notice renders the land use restrictions effective against third persons, and any subsequent acquirer of the land is bound by any charges and obligations as regards those restrictions.

2017, c. 4, s. 111.