M-14 - Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter M-14

Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation

1979, c. 77, s. 1.

DIVISION I THE MINISTER AND HIS FUNCTIONS

1. The Minister of Agriculture, Fisheries and Food, designated in this Act as the “Minister”, has the direction and administration of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation.

R. S. 1964, c. 101, s. 1; 1973, c. 22, s. 2; 1977, c. 5, s. 14; 1979, c. 77, s. 2.

2. The functions, powers and duties of the Minister shall be the following:

(1)  he shall devise and see to the implementation of policies and measures respecting the production, processing, distribution, marketing and use of agricultural, aquatic or food products;

(1.1)  he shall devise and ensure the updating of a guide to agricultural practices, in cooperation with the Minister of Municipal Affairs, the Minister of the Environment and Wildlife, and the Minister of Natural Resources, and see to its distribution;

(2)  he shall effect or cause to be effected, for the purposes contemplated in paragraph 1, research, studies, inquiries and inventories;

(3)  he shall establish, on the conditions he determines, the advisory or technical committees necessary to elaborate or carry out the policies and measures contemplated in paragraph 1;

(4)  he shall have the supervision of agricultural schools or colleges, model farms, beet sugar factories receiving government grants, permanent agricultural exhibition committees, horticultural societies and institutions for teaching agriculture;

(5)  he shall have the power to make, out of the funds placed at his disposal, when he deems it advisable, and under such conditions as he thinks necessary to impose, loans of money, grants and advances to agricultural societies, syndicates, cooperatives and other institutions formed for the purpose of furthering the interests of agriculture;

(6)  he may, for the purposes contemplated in paragraphs 1 and 2 and under such conditions as he determines, make loans, grants or advances;

(6.1)  he may make grants for the carrying out of drainage works to any agency responsible for the administration of a territory for municipal purposes, and have land improvements executed by day labour or by contract;

(6.2)  he shall be responsible for making the entries in the register of rights granted on lands in the public domain under his authority. He may order the keeping of any new register;

(7)  he shall fulfil the other duties and exercise the other powers determined by the Government;

(8)  he shall be responsible for promoting and assisting the racehorse breeding, horse racing and racehorse training industry; in particular, he may, for these purposes and on the conditions he determines, grant purses, subsidies, loans or advances, pay premiums, allowances or indemnities or carry out or commission improvement, development or equipment work.

The College Education Regulations established under section 18 of the General and Vocational Colleges Act (chapter C-29) apply to the college-level vocational instruction that may, with the authorization of the Minister of Education, be dispensed by an agricultural school, college or institution referred to in subparagraph 4 of the first paragraph; for such purpose, the word “college” refers to an agricultural school, college or institution, as the case may be.

The Minister may, with the authorization of the Government, acquire by agreement, lease or expropriate any immovable property or real right necessary for the carrying out of his duties.

R. S. 1964, c. 101, s. 2; 1968, c. 68, s. 20; 1972, c. 54, s. 15; 1973, c. 22, s. 3; 1979, c. 77, s. 3; 1982, c. 13, s. 59; 1982, c. 26, s. 304; 1982, c. 13, s. 58; 1984, c. 16, s. 59; 1987, c. 23, s. 76; 1987, c. 103, s. 130; 1993, c. 26, s. 42; 1993, c. 39, s. 76; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1996, c. 26, s. 71; 1997, c. 70, s. 5.

The Minister of Finance exercises the functions of the Minister of Agriculture, Fisheries and Food concerning the promotion of and assistance to horse racing and racehorse training industry as contemplated in subparagraph 8 of the first paragraph of this section. O.C. 1239-98 of 98.09.30, (1998) 130 G.O. 2 (French), 5739.

3. The Minister shall lay before the National Assembly, within 15 days of the opening of each session, a detailed report of his activities during the preceding fiscal year.

R. S. 1964, c. 101, s. 4.

4. The Minister may inquire personally, or authorize in writing any competent person to inquire in his place, into the behaviour of any employee under his direction and any business relating to the administration or management of his department.

The Minister or the person delegated by him shall have, in such case and for the purposes of such inquiry, all the powers mentioned in sections 9, 10 and 11 of the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

R. S. 1964, c. 101, s. 5; 1992, c. 61, s. 401.

5. (Repealed).

R. S. 1964, c. 101, s. 6; 1982, c. 13, s. 60.

6. (Repealed).

R. S. 1964, c. 101, s. 7; 1982, c. 13, s. 60.

DIVISION II STAFF OF THE DEPARTMENT

7. The Government shall appoint a deputy minister to the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation.

R. S. 1964, c. 101, s. 8; 1973, c. 22, s. 5; 1979, c. 77, s. 4.

8. Under the direction of the Minister, the deputy minister shall have the supervision of the other officers and employees of the department; he shall manage its current business and exercise such other powers as are assigned to him by the Government.

R. S. 1964, c. 101, s. 9.

9. The orders of the deputy minister must be carried out in the same manner as those of the Minister; his authority shall be that of the incumbent minister of the department and his official signature shall give force and authority to any document within the jurisdiction of the department.

R. S. 1964, c. 101, s. 10; 1978, c. 15, s. 140.

10. The Government shall also appoint, in accordance with the Public Service Act (chapter F-3.1.1), all other officers and employees required for the proper administration of the department.

R. S. 1964, c. 101, s. 11; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

11. The respective duties of the officers and employees of the department not expressly regulated by law or by the Government shall be determined by the Minister.

R. S. 1964, c. 101, s. 12.

DIVISION III GENERAL PROVISIONS

12. No deed, document or writing is binding upon the department or attributable to the Minister unless signed by him, the Deputy Minister or an officer and only, in the last case, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

The Government may, however, on the conditions fixed by it, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such case, the facsimile has the same validity as the signature itself if the document is countersigned by a person authorized by the Minister.

R. S. 1964, c. 101, s. 13; 1973, c. 22, s. 6.

13. A document or copy of a document from the department or forming part of the archives of the department, signed or certified by a person contemplated in the first paragraph of section 12 as a true copy, is authentic.

R. S. 1964, c. 101, s. 14; 1984, c. 16, s. 60.

14. The officer authorized by the Minister for that purpose may, at any reasonable time, enter any place where an activity subject to this Act or the regulations is carried on and inspect such place; for that purpose, he may pass over any private property if the circumstances so require but the owner shall be indemnified when material damage has been caused to him thereby.

The officer shall, on request, identify himself and produce a certificate of his capacity signed by the Minister.

R. S. 1964, c. 101, s. 15; 1973, c. 22, s. 7; 1986, c. 95, s. 187.

14.1. Sections 3.1, 6, 19 to 22 and 49 to 52 of the Act respecting public agricultural lands (chapter T-9.1) apply, mutatis mutandis, to all lands under the authority of the Minister.

1982, c. 13, s. 61; 1987, c. 84, s. 35.

15. Sections 187 to 206 of the Forest Act (chapter F-4.1) apply, with the necessary modifications, to lands under the authority of the Minister and the powers conferred therein are exercised by the Minister or by any employee of the department generally or specially authorized by him for that purpose.

R. S. 1964, c. 101, s. 16; 1977, c. 5, s. 14; 1982, c. 13, s. 62; 1986, c. 108, s. 248.

15.1. No member of the personnel of the department may directly or indirectly acquire any land in the public domain under the authority of the Minister unless he is authorized to do so by order of the Government.

1982, c. 13, s. 63; 1987, c. 23, s. 76.

16. Every agricultural society, agricultural cooperative, horticultural society, farmers’ and dairymen’s association, the Société d’industrie laitière de Québec, every society of patrons of a butter or cheese factory, cooperative syndicate, canner, and every other person, society, cooperative or corporation carrying on an agricultural industry or the processing, distribution or marketing of agricultural products, as well as every agricultural college or school, and every public officer or employee of Québec, shall be bound to answer promptly the official communications from the department and must make every effort to supply information on all the questions submitted to them in the interests of agriculture and with a view to facilitating the compilation of statistics.

Any officer of any of the institutions above named, refusing or wilfully neglecting to answer any questions or to furnish any information relating to the interests of agriculture or of agricultural education, is guilty of an offence and liable to a fine of $25.

R. S. 1964, c. 101, s. 17; 1973, c. 22, s. 8; 1982, c. 26, s. 305; 1982, c. 13, s. 58; 1990, c. 4, s. 580; 1991, c. 33, s. 85; 1997, c. 70, s. 6.

17. The Minister, with the previous authorization of the Government, may enter into negotiations with a minister of the Government of Canada, for the application in Québec of measures respecting agriculture or the processing, distribution or marketing of agricultural products and to determine the conditions of their application.

The Minister may also, with the authorization of the Government, enter into any agreement with any government or body to facilitate the marketing of fish.

The Government has all the powers necessary to enforce the agreements referred to in the preceding paragraph.

R. S. 1964, c. 101, s. 18; 1973, c. 22, s. 9; 1979, c. 77, s. 5.

18. Every person who makes a false declaration to obtain a grant, advance or security for a loan contemplated by this Act or an amount payable as assistance under a plan, program or project, commits an offence and is liable, for a first offence, to a fine of $625 and, for any subsequent conviction, to a fine of $1,225.

1973, c. 22, s. 10; 1990, c. 4, s. 581; 1991, c. 33, s. 86.

DIVISION IV AID TO UNDERTAKINGS

19. An annual fund of $4 000 000 is created dating from 1 April 1973, and the Government, upon the recommendation of the Minister, may use such fund for guarantees or advances to the agricultural cooperatives governed by the Cooperative Act (chapter C-67.2) or to any other corporation engaged in similar activities.

From 1 April 1984, the annual fund is increased by $4 000 000, but the Government shall not allocate the amount of the increase to any purpose except guarantees described in the first paragraph.

R. S. 1964, c. 101, s. 19; 1969, c. 40, s. 1; 1973, c. 22, s. 12; 1982, c. 26, s. 306; 1984, c. 20, s. 12.

20. The Government shall determine the form, conditions and delays for reimbursement of such guarantees and advances and may adopt such measures of supervision and others as it may deem necessary to assure itself of such advances being utilized for the purposes for which they were made.

R. S. 1964, c. 101, s. 20.

21. The expenditure incurred for the carrying out of this Division shall be paid out of the Consolidated Revenue Fund.

R. S. 1964, c. 101, s. 21.

DIVISION IV.1 HORSE-RACING INDUSTRY FUND

The Minister of Finance exercises the functions of the Minister of Agriculture, Fisheries and Food as regards the horse-racing industry fund contemplated in Division IV.1 of this Act. Order in Council 54-2011 dated 9 February 2011, (2011) 143 G.O. 2 (French), 873.

1995, c. 68, s. 1.

21.1. A fund called the “horse-racing industry fund” is hereby established for the purpose of providing support to the horse racing industry.

1995, c. 68, s. 1.

21.2. The Government shall determine the date on which the fund begins to operate, its assets and liabilities and the nature of the costs that may be charged to the fund.

1995, c. 68, s. 1.

21.3. The fund shall be made up of the following sums except interest:

(1)  the sums paid by the Minister of Revenue pursuant to section 540.1 of the Act respecting the Québec sales tax (chapter T-0.1);

(2)  the gifts, legacies and other contributions paid to further the achievement of the objects of this division;

(3)  the advances paid by the Minister of Finance pursuant to the first paragraph of section 21.5;

(4)  the sums paid by the Minister out of the appropriations allocated for that purpose by Parliament.

1995, c. 68, s. 1.

21.4. The management of the sums paid into the fund shall be entrusted to the Minister of Finance. The sums shall be paid to the order of the Minister of Finance and deposited with the financial institutions he designates.

Notwithstanding section 13 of the Financial Administration Act (chapter A-6), the books of account for the fund and the records of the financial commitments chargeable to the fund shall be kept by the Minister. He shall also certify that such commitments and the payments arising therefrom do not exceed, and are consistent with, the available balances.

1995, c. 68, s. 1.

21.5. The Minister of Finance may, with the authorization of the Government and subject to the conditions it determines, advance to the fund sums taken out of the consolidated revenue fund.

The Minister may, conversely, advance to the consolidated revenue fund, on a short-term basis and subject to the conditions he determines, any part of the sums constituting the horse-racing industry fund that is not required for its operation.

Any advance paid into a fund shall be repayable out of that fund.

1995, c. 68, s. 1.

21.6. The Minister shall pay sums out of the fund to the Société de promotion de l’industrie des courses de chevaux (SPICC) inc., to the holders of a racing licence referred to in the Act respecting racing (chapter C-72.1) and, where applicable, to the holders of a race track licence referred to in that Act.

1995, c. 68, s. 1.

21.7. The Government shall determine, by order,

(1)  the rate of apportionment of the sums between the Société de promotion de l’industrie des courses de chevaux (SPICC) inc. and the holders of a licence;

(2)  the dates and the terms of payment;

(3)  the conditions subject to which the payments are made.

1995, c. 68, s. 1.

21.8. The payments made to a licence holder are established by applying the rate determined for all holders of a racing licence to the amount of tax on the pari mutuel referred to in Title IV of the Act respecting the Québec sales tax (chapter T-0.1) collected by the holder of a racing licence.

Where the racing licence and the race track licence are not held by the same person, the payments may be made to the holder of the racing licence and to the holder of the race track licence, according to the proportion determined by the Minister. Before doing so, the Minister shall give each licence holder an opportunity to present his observations within the time he indicates.

1995, c. 68, s. 1.

21.9. All surpluses accumulated by the fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

1995, c. 68, s. 1.

21.10. Sections 22 to 27, 33, 35, 45, 47 to 49, 49.2, 49.6, 51, 57 and 70 to 72 of the Financial Administration Act (chapter A-6), adapted as required, apply to the fund.

1995, c. 68, s. 1.

21.11. The fiscal year of the fund ends on 31 March.

1995, c. 68, s. 1.

21.12. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the horse-racing industry fund the sums required for the execution of a judgment against the Crown that has become res judicata.

1995, c. 68, s. 1.

DIVISION V EXECUTION OF DRAINAGE WORKS

22. (1)  On the conditions fixed by the Government, the Minister may take charge of all the drainage works if application therefor is made to him by the municipality charged with the execution of such works.

(2)  The Minister may have the drainage works entrusted to him under subsection 1 carried out either under supervision or by contract. In either case, the persons carrying out the works have all the rights and immunities of persons carrying out the same works as the officers or agents of the competent municipality.

(3)  In this division, the word “drainage” means any surface or underground conduits used chiefly for agricultural hydraulics for the supplying, irrigation and draining of farm land and includes natural and artificial watercourses used for those purposes.

The expression “drainage works” includes, in addition to the actions necessary to prepare and draft plans and specifications, all work required for drainage, in particular, the levelling of excavated material, the removal of obstacles, the arranging, improvement, maintenance and, if applicable, the operation of a land irrigation or drainage system or any other hydraulic works necessary for the drainage or irrigation of land.

R. S. 1964, c. 101, s. 27; 1973, c. 22, s. 15.

DIVISION VI DEVELOPMENT OF THE AGRICULTURAL AND FOOD SECTORS

1984, c. 16, s. 61.

23. The Minister may prepare plans, programs or projects to encourage the recovery or development of agriculture, a better use or conservation of agricultural resources or the setting up, extension, consolidation and modernization of agricultural or food products packing and processing firms.

R. S. 1964, c. 101, s. 28; 1969, c. 16, s. 12; 1973, c. 22, s. 17; 1984, c. 16, s. 62.

24. With the approval of the Government, the Minister may assume the direction and ensure the carrying out of such plans, programs and projects.

For the purposes of such plans, programs and projects, he may acquire, lease or alienate any movable or immovable property, make grants, loans or advances, pay premiums, allowances or indemnities and carry out or cause to be carried out works for agricultural improvements, planning or equipment.

For such purposes, the Minister may, in particular, acquire any immovable under concession that is subject to the Act respecting agricultural lands in the public domain (chapter T-7.1), and, from such acquisition, that concession is cancelled of right and the cancellation has the same effect as if it had been made by the Minister under Division III of Chapter III of that Act. From the acquisition, such an immovable is no longer subject to that Act. This paragraph has effect from 22 December 1969 in respect of any immovable under concession that is then subject to the Colonization Lands Sales Act (chapter T-8) and which has been thus acquired.

He may also, by a notice, exempt an immovable from a program to bring it under another program or place it in the arable land bank established under Division VII, or exempt an immovable from the arable land bank to bring it under a program.

R. S. 1964, c. 101, s. 29; 1969, c. 16, s. 12; 1979, c. 66, s. 1; 1982, c. 13, s. 64.

25. The Minister may make agreements with any government or body and with any person, association, partnership or corporation for the purposes of the preparation and carrying out of any plan, program or project contemplated in this division.

R. S. 1964, c. 101, s. 30; 1969, c. 16, s. 12; 1973, c. 22, s. 18.

26. The Government may, on the conditions it determines, entrust any Government body it designates with the management and carrying out of a plan, program or project.

The body so designated may for such purposes exercise any power provided in sections 24 and 25 which the Government confers on it.

The property the body acquires or owns for its mandate forms part of the public domain, but execution for obligations it contracts for those purposes may be taken against that property.

The designated body binds only itself when it acts in its own name.

R. S. 1964, c. 101, s. 31; 1969, c. 16, s. 12; 1973, c. 22, s. 19.

DIVISION VII ESTABLISHMENT OF AN ARABLE LAND BANK

1979, c. 66, s. 2.

27. The Minister, without restriction to his powers under Division VI, may establish an arable land bank for the purpose of alienating or leasing arable land so as to promote the succession of the younger generation in agriculture, the enlargement or consolidation of family farms and the operation of unused or underused arable land.

For these purposes, the Minister may

(1)  acquire any immoveable at such price and on such conditions as are fixed in accordance with the regulations;

(2)  carry out or cause the carrying out, on any such immoveable, of maintenance, improvement or development works deemed essential to its profitability;

(3)  lease, sell or otherwise alienate by onerous title such an immoveable at such price, on such conditions and according to such criteria as are fixed in accordance with the regulations;

(4)  enter into agreement with any government or agency and with any person, association, partnership or corporation.

Notwithstanding the second paragraph, the Minister may, in the cases provided for by regulation, alienate the whole or part of an immoveable contemplated in the said paragraph for purposes other than those listed in the first paragraph, at such price and on such conditions as are fixed in accordance with the regulations.

The third paragraph of section 24 applies to this division.

1979, c. 66, s. 2.

28. The Government may, on the conditions it determines, entrust the administration of this division to a public agency it designates. For that purpose, the designated agency exercises, on behalf of the Minister, the powers conferred on him under subparagraphs 1, 2 and 3 of the second paragraph of section 27, and under the third and fourth paragraphs of that section.

Notwithstanding any contrary provision in the constituent act of the designated agency, it may, for the purposes of this division and with the prior approval of the Government, raise loans by way of promissory notes, bonds or other securities, on the terms and conditions determined by the Government.

For the purposes of this division, “public agency” means an agency to which the Government or a minister, appoints the majority of the members, to which, by law, the staff is appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1), or over one-half of whose capital stock is derived from the consolidated revenue fund.

1979, c. 66, s. 2; 1983, c. 55, s. 161.

29. Property that the designated agency acquires or owns on behalf of the Minister under this division forms part of the public domain, but the performance of the obligations the designated agency contracts for those purposes may be levied against that property.

The designated agency binds none but itself when it acts in its own name.

1979, c. 66, s. 2.

30. The Government, under such terms and conditions as it determines, may authorize the Minister of Finance to constitute, for the benefit of the agency designated under section 28, a working fund not exceeding $200,000 for the disbursements necessary for the administration, protection and maintenance of any immovable acquired or owned by the designated agency on behalf of the Minister under this division, and for the disbursements necessary for the protection of any debt resulting from a sale or a lease made in accordance with this division.

The amounts necessary for the establishment of the working fund are taken out of the Consolidated Revenue Fund.

Notwithstanding section 33, the sums received as recovery of disbursements made for the purposes provided for in the first paragraph are paid into the working fund.

1979, c. 66, s. 2.

31. The Government may, by regulation, prescribe

(1)  the general bases of assessment of the immovables to be acquired or alienated under this division;

(2)  the criteria enabling the fixing of the price of acquisition or alienation or the cost of the rent of such immovables, and the criteria for selecting prospective acquirers or lessees;

(3)  the conditions that must be included in deeds of acquisition or alienation and in leases;

(4)  the documents, reports and information to be produced or furnished for the purposes of this division and the period within which they must be produced or furnished;

(5)  the cases where an immovable may be alienated, in whole or in part, in accordance with the third paragraph of section 27, and the criteria enabling the fixing of the price of alienation of such an immovable.

1979, c. 66, s. 2.

32. The Government, for the period of time and under any other conditions it determines, may authorize the Minister of Finance to advance to the agency designated under section 28 any amount deemed necessary for

(1)  the acquisition of an immovable contemplated in subparagraph 1 of the second paragraph of section 27;

(2)  the carrying out of improvement and development works on such an immovable.

The sums that the Minister of Finance may be called on to advance under the first paragraph are taken out of the Consolidated Revenue Fund.

1979, c. 66, s. 2.

33. The interest, rents or charges received in the application of this division are allocated first to the payment of the interest due on any loan made in the private market, then to any advance made by the Minister of Finance under section 32 and, finally, to the purposes provided for in the second paragraph.

The principal sums received in the application of this division are allocated, first, to the repayment of any loan made in the private market for the purposes of section 32, secondly, to the constitution of a sinking fund authorized by the Government, which shall fix the conditions thereof, then, to the repayment of any advance made by the Minister of Finance under section 32 and, finally, to the payment of interest in the order provided in the first paragraph.

Any remainder of the whole amount is paid into the Consolidated Revenue Fund.

1979, c. 66, s. 2.

34. The Minister of Finance is authorized to make up, for each fiscal period, out of the Consolidated Revenue Fund, the deficit representing the net result of the aggregate of

(a)  the difference between the sums due as interest on any loan made in the private market or as an advance received from the Minister of Finance for the purposes of section 32, and the sums received as revenues from interest, rents or charges in conformity with the first paragraph of section 33;

(b)  the sums required to cover the net loss for each fiscal period resulting from operations effected under this division.

1979, c. 66, s. 2.

35. The agency designated under section 28 must, each year, have a plan approved by the Government respecting the acquisition, improvement, development and financing of the immovables contemplated in this division.

The Government shall determine the form and content of such plan and the time when it must be presented.

1979, c. 66, s. 2.

36. The sums required for the carrying out of this division are taken, for the fiscal period 1979-1980, out of the Consolidated Revenue Fund.

1979, c. 66, s. 2.

DIVISION VII.1 REIMBURSEMENT OF REAL ESTATE TAXES AND COMPENSATIONS

1991, c. 29, s. 1.

36.1. In this division, unless the context indicates otherwise,

(1)  the words “building”, “immovable” and “real estate tax” mean a building, an immovable or a real estate tax within the meaning of section 1 of the Act respecting municipal taxation (chapter F-2.1);

(2)  “municipal service” means the water, sewer, police, fire protection, recreation, cultural activities, roads, garbage removal or disposal, lighting, snow removal or septic tank cleaning service supplied by a municipality or an urban community.

1991, c. 29, s. 1.

36.2. The Minister shall reimburse a part of the amount of municipal real estate taxes, of school real estate taxes not in excess of the maximum amount fixed by the Education Act (chapter I-13.3) and of compensations for municipal services to the person who is required to pay them in respect of an agricultural operation

(1)  that is registered in accordance with a regulation adopted pursuant to section 36.15 at the time the application for reimbursement is made;

(2)  that is included in whole or in part in an agricultural zone established pursuant to the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) at the time the application for reimbursement is made and that was so included at any time during the fiscal year for which an application for reimbursement is made;

(3)  that produced an average gross revenue from agricultural products of not less than $150 per hectare included in the agricultural zone in the calendar year that ended before the beginning of the fiscal year for which an application for reimbursement is made, except where the immovable became an agricultural operation during that calendar year, where new animal production, at the developmental phase and intended to produce such revenue, is involved or where production is limited temporarily by reason of exceptional natural causes it is proved to the Minister that reforestation or development work intended to contribute to such a revenue being produced in the future was carried out during that calendar year;

(4)  that produced gross revenue equal to or greater than the amount prescribed by regulation, unless the agricultural operation benefits from an exemption determined by regulation.

An application for reimbursement must be made in writing and sent to the Minister not later than the 31 March following the expiry of the municipal or school fiscal year, as the case may be, for which an application for reimbursement is made, and must be supported by the documents and information required by regulation.

An application for reimbursement of a tax supplement must be made in writing and sent to the Minister not later than the 31 March following the expiry of the municipal or school fiscal year, as the case may be, in which the demand for payment of the tax supplement was sent or, if more advantageous to the person applying for a reimbursement, one year after the demand for payment of the tax supplement was sent.

The person applying for a reimbursement must have paid the annual assessment exigible under Division VIII of the Farm Producers Act (chapter P-28).

1991, c. 29, s. 1; 1995, c. 64, s. 1; 1996, c. 26, s. 85.

36.3. The real estate taxes and compensations which qualify for reimbursement are those which, on the date of the application for reimbursement, are payable or have been paid, regardless, in the latter case, of who paid them.

They shall be computed proportionately to the value of the immovables situated in the agricultural zone and forming part of the agricultural operation in relation to the total value of the unit of assessment. The proportion shall be established in accordance with the notice of assessment sent for the municipal fiscal year for which an application for reimbursement is made. The notice shall also be used in respect of the school real estate taxes for the school fiscal year in progress at the time the notice is sent.

The interest and penalties payable or paid on outstanding real estate taxes and compensations do not qualify for reimbursement, except interest accrued pursuant to section 248 of the Act respecting municipal taxation (chapter F-2.1).

1991, c. 29, s. 1; 1995, c. 64, s. 2.

36.4. The amount reimbursed by the Minister is determined in the following manner:

(1)  where the amount of real estate taxes and compensations qualified for reimbursement is equal to or less than $300, the Minister shall reimburse that amount;

(2)  where the amount of real estate taxes and compensations qualified for reimbursement is greater than $300 and the value per hectare of the land situated in the agricultural zone and forming part of the agricultural operation is equal to or less than the amount per hectare determined by regulation, the Minister shall reimburse an amount corresponding to the result obtained by adding the following amounts:

(a)  $300;

(b)  70 % of the amount of the real estate taxes and compensations qualified for reimbursement that exceeds $300; and

(3)  where the amount of real estate taxes and compensations qualified for reimbursement is greater than $300 and the value per hectare of the land referred to in the previous subparagraph is greater than the amount per hectare determined by regulation, the Minister shall reimburse an amount corresponding to the result obtained by adding the following amounts:

(a)  70 % of the amount of school real estate taxes, municipal real estate taxes attributable to buildings and compensations qualified for reimbursement;

(b)  70 % of the amount obtained by multiplying the amount of municipal real estate taxes qualified for reimbursement that are attributable to the land by the quotient obtained by dividing the amount per hectare determined by regulation by the value per hectare of the land; and

(c)  100 % of the amount obtained by multiplying the amount of municipal real estate taxes qualified for reimbursement that are attributable to the land by the quotient obtained by dividing the value per hectare of the land exceeding the amount per hectare determined by regulation by the value per hectare of the land.

However, the amount reimbursed by the Minister shall not exceed the amount representing 30 % of the gross revenue produced in the agricultural zone by the agricultural operation during the calendar year that ended before the beginning of the fiscal year for which an application for reimbursement is made, unless the agricultural operation is exempted from producing the average gross revenue per hectare or the minimum gross revenue.

1991, c. 29, s. 1; 1995, c. 64, s. 3.

36.5. (Repealed).

1991, c. 29, s. 1; 1995, c. 64, s. 4.

36.6. (Repealed).

1991, c. 29, s. 1; 1995, c. 64, s. 4.

36.7. The Minister shall reimburse the amount established pursuant to section 36.4 within 60 days after the day on which the application for reimbursement is received.

1991, c. 29, s. 1; 1995, c. 64, s. 5.

36.8. Where the Commission de protection du territoire agricole du Québec excludes all or part of an agricultural operation from the agricultural zone following an application by its owner, the Minister is not bound to reimburse the real estate taxes and compensations payable or paid in respect of all or part of the operation for any municipal and school fiscal year from the fiscal year in which the decision of the Commission is rendered.

The person who applied for the exclusion must repay to the Minister any amounts reimbursed by the Minister in respect of the agricultural operation or part referred to in the first paragraph for the fiscal year specified in the first paragraph and for the four preceding fiscal years and, as the case may be, any other amount that the Minister is no longer bound to reimburse.

Where the part of the agricultural operation which is excluded from the agricultural zone is not the part taken into consideration for the purposes of section 36.3, the amount which has been or would be reimbursed must, for the purpose of establishing the amount that the Minister is no longer bound to reimburse or that must be repaid to him, be reduced by the percentage representing the value of the immovables included in the excluded part, according to the alteration made to the assessment roll as a result of the exclusion, in relation to the value of the immovables which, immediately before the alteration, were situated in the agricultural zone and were part of the registered agricultural operation. Adjustment of the reimbursement or the sum to be repaid must be made by the Minister within one year after the date on which he became aware of the alteration to the roll of assessment.

The third paragraph shall cease to apply for the purposes of reimbursement of real estate taxes and compensations payable or paid for the municipal fiscal year for which the notice of assessment takes account of the exclusion, and for the school fiscal year in which the notice is sent.

1991, c. 29, s. 1; 1995, c. 64, s. 6.

36.9. The Minister may claim the amount payable under section 36.8 within one year from the date on which he learned of the decision of the Commission de protection du territoire agricole du Québec made under section 36.8 or, where the third paragraph of section 36.8 applies, the date on which he learned of the alteration to the assessment roll referred to in that paragraph.

1991, c. 29, s. 1; 1995, c. 64, s. 7.

36.10. The amount payable under section 36.8 must be paid within thirty days from the sending of the Minister’s claim.

Any amount remaining unpaid after the expiry of the applicable time limit bears interest at the rate fixed in accordance with section 28 of the Act respecting the Ministère du Revenu (chapter M-31).

1991, c. 29, s. 1.

36.11. The right to recover an amount due under section 36.8 is prescribed by three years from the date on which that amount becomes exigible.

1991, c. 29, s. 1.

36.12. The Government may, by regulation,

(1)  determine the content of the application for reimbursement of real estate taxes and compensations;

(2)  determine the documents which must accompany the application for reimbursement;

(3)  prescribe compulsory use of the form provided by the Minister for the purposes of paragraph 1;

(4)  determine the minimum gross revenue that must be produced by a registered agricultural operation to quality for a reimbursement of real estate taxes and compensations;

(5)  exempt, on the conditions and for the period it determines, an agricultural operation from the requirement to produce the minimum gross revenue to qualify for a reimbursement of real estate taxes and compensations;

(6)  determine, for the purposes of subparagraphs 2 and 3 of the first paragraph of section 36.4, the amount per hectare of the land situated in the agricultural zone and forming part of the agricultural operation.

1991, c. 29, s. 1; 1995, c. 64, s. 8.

36.13. Every decision whereby the Minister refuses an application for reimbursement on the ground that the condition imposed by subparagraph 3 or 4 of the first paragraph of section 36.2 is not fulfilled shall be set out in writing giving reasons. A copy of the decision shall be sent to the applicant.

1991, c. 29, s. 1; 1995, c. 64, s. 9.

36.14. A person may contest any decision of the Minister referred to in section 36.13 before the Administrative Tribunal of Québec within 30 days after notification of the decision.

1991, c. 29, s. 1; 1995, c. 64, s. 10; 1997, c. 43, s. 360.

DIVISION VII.2 REGISTRATION OF AGRICULTURAL OPERATIONS

1991, c. 29, s. 1.

36.15. The Government may, by regulation,

(1)  define, for the purposes of this Act and the regulation, the expressions “agricultural operation”, “agricultural product” and “gross revenue”;

(1.1)  determine the conditions for the registration of an agricultural operation;

(2)  determine the content of the registration slip which a person applying for registration is required to complete;

(3)  determine the period for which the registration slip is valid;

(4)  provide for the issue of a registration card with a sticker, and determine the terms and conditions for renewal of the sticker;

(5)  determine, for the purposes of the renewal of the sticker, the content of the declaration to be made by the holder of the registration card;

(6)  authorize the Minister to require any information or document he deems necessary for validating the registration;

(7)  determine the grounds and the terms and conditions on which the Minister may revoke the registration of an agricultural operation;

(8)  (paragraph repealed);

(9)  prescribe compulsory use of a form provided by the Minister for the purposes of paragraphs 2 and 5.

1991, c. 29, s. 1; 1995, c. 64, s. 11.

36.16. Sections 36.13 and 36.14 apply, adapted as required, to any decision whereby the Minister refuses an application for registration or revokes a registration.

1991, c. 29, s. 1.

DIVISION VIII

This Division ceased to have effect on 17 April 1987.

37. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 101 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter M-14 of the Revised Statutes.