T-11 - Act respecting land titles in certain electoral districts

À jour au 19 avril 2006

Ce document a valeur officielle.

chapter T-11

Act respecting land titles in certain electoral districts

1. In this Act,

(a)  “Minister” means the Minister of Natural Resources and Wildlife;

(b)  (paragraph repealed).

R. S. 1964, c. 321, s. 1; 1979, c. 81, s. 20; 1994, c. 13, s. 15; 1996, c. 2, s. 960; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

2. The Minister is authorized to draw up original or revised plans for any territory he may designate, in the electoral districts of Bonaventure, Duplessis, Gaspé-Nord, Gaspé-Sud, the Îles-de-la-Madeleine and Saguenay, or in that part of the electoral district of Rivière-du-Loup which comprises lots “A”, “B”, “C” and “D” of range “A” and lots 1 to 37 of ranges “A” and “B” of the township of Bégon.

The preparation of the plans is subject to sections 9, 10, 11 to 18 and 20 of the Act to promote the reform of the cadastre in Québec (chapter R‐3.1), with the necessary modifications.

Such plans shall be deposited with the Ministère des Ressources naturelles et de la Faune.

R. S. 1964, c. 321, s. 2; 1977, c. 5, s. 14; 1979, c. 81, s. 20; 1985, c. 22, s. 53; 1988, c. 22, s. 21; 1992, c. 29, s. 11; 1993, c. 52, s. 33; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

2.1. (Repealed).

1985, c. 22, s. 54; 1988, c. 22, s. 22.

3. The Minister shall send a copy of the plan to the local municipality having jurisdiction in the territory described in the plan.

R. S. 1964, c. 321, s. 3; 1985, c. 22, s. 55; 1988, c. 22, s. 23; 1996, c. 2, s. 961.

4. During the eight months following the date of coming into force of the plans, any interested person may consult them without charge. At the expiration of such period the Minister shall deliver a certificate of ownership to any occupant of the immovable with or without titles, even though he be only an administrator or mere operator, except in case of written opposition by an interested person. The registration of any real right affecting a lot comprised in the territory for which a plan has been deposited shall be renewed within the same period, in the manner prescribed by article 2942 of the Civil Code, except a real right affecting any lot indicated on a vertical cadastral plan, divided co-ownership plan or co-emphyteusis plan, whether identified or not on the revised plan.

Failing such renewal, the real rights preserved by the initial registration shall have no effect as regards other creditors or subsequent purchasers whose rights are regularly published.

R. S. 1964, c. 321, s. 4; 1985, c. 22, s. 56; 1988, c. 22, s. 24; 1993, c. 52, s. 34; 1999, c. 40, s. 318.

4.1. (Repealed).

1985, c. 22, s. 57; 1992, c. 29, s. 12; 1993, c. 52, s. 35.

5. (Repealed).

R. S. 1964, c. 321, s. 5; 1988, c. 22, s. 25.

6. Upon the coming into force of the plans, the registrar shall send, by registered or certified mail, to every hypothecary creditor who has caused his address to be registered, a notification, over his signature, to renew the registration of the real right of which he appears to be the holder.

R. S. 1964, c. 321, s. 6; 1975, c. 83, s. 84; 1980, c. 11, s. 89; 1985, c. 22, s. 58; 1988, c. 22, s. 26; 1992, c. 29, s. 13; 1992, c. 57, s. 701; 1993, c. 52, s. 36.

7. After the expiration of the eight months following the coming into force of the plans, the Minister shall deliver to the registrar a list, which he shall attest, of the lots for which he has received no opposition and the names of persons mentioned therein as occupants.

Publication of the list is effected by the filing of the list itself. The registrar shall enter, under the number of each lot included in the list, the registration number of the list and the name of the occupant. Such entry entails adjudication of the lot to its occupant, as owner.

R. S. 1964, c. 321, s. 7; 1985, c. 22, s. 59; 1988, c. 22, s. 27; 1993, c. 52, s. 37.

8. If within the period of eight months provided for in section 4, there is a written opposition of any interested person, the Minister shall endeavour to reconcile the parties to bring about an agreement as to the conditions and obligations of the right of ownership of such occupant.

Should an agreement be concluded, it shall be attested in writing under the hand of the interested parties and the Minister shall then send to the registrar a certificate attesting such conditions and obligations, which shall be binding to both the parties.

Should the Minister not be able to reconcile the parties, and if during the 18 months following the coming into force of the plans, the opposing party or any successor of the opposing party has not availed himself of his recourse by legal action involving the Land Registrar, the opposing party and his successor shall then be forfeited of their claim or demand concerning the lot in question and the registrar shall, upon a request in writing of the occupant or of his successor, deliver him a certificate of ownership of such lot.

The certificates referred to in this section shall be registered by the registrar on the land file of the lot concerned.

R. S. 1964, c. 321, s. 8; 1988, c. 22, s. 28; 1993, c. 52, s. 38; 1999, c. 40, s. 318; 2000, c. 42, s. 235.

8.1. (Repealed).

1985, c. 22, s. 60; 1993, c. 52, s. 39.

8.2. The Minister is responsible for the administration of this Act.

1985, c. 22, s. 60.

9. (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 321 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter T-11 of the Revised Statutes.