m-36 - Act to promote the development of agricultural operations

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter M-36

Act to promote the development of agricultural operations

Chapter M-36 is replaced by the Act respecting farm financing (chapter F-1.2). (1987, c. 86, s. 153).

1987, c. 86, s. 153.

DIVISION I DEFINITIONS

1. In this act, unless the context indicates a different meaning, the following expressions and words mean or designate:

(a)  “agriculture” : the cultivation of the soil or the raising of livestock;

(b)  “farm operator” : any physical person whose principal occupation is agriculture;

(c)  “farmer” : any physical person who is the owner or lessee of a farm and whose principal occupation is agriculture; it also designates, in the case of undivided ownership of a farm, several physical persons provided that among them there are one or more farm operators holding at least sixty per cent of the rights of ownership in such farm;

(d)  “aspiring farmer” : any physical person not less than eighteen nor more than forty years of age who, being the owner or lessee of a farm, practises farming without making it his principal occupation and undertakes to make it his principal occupation within the delays and according to the conditions fixed by regulation;

(e)  “farm” : any immoveable operated or to be operated within a reasonable delay for agricultural purposes; it also designates any other immoveable which, in the opinion of the Bureau, may reasonably be considered as forming part of a farm in respect of which an application for a grant may be made;

(f)  “economic farm” : any farm which, taking into account all of its resources, is capable of producing a revenue which enables the operators thereof to pay the operating costs thereof, including maintenance and depreciation, to fulfil their obligations and to support their family adequately;

(g)  “agricultural operations corporation” : a corporation constituted under the Companies Act (chapter C-38) whose principal object and principal activity is the operation of an economic farm of which it is the owner or lessee, provided that all of its shareholders are physical persons and that not less than sixty per cent of the issued shares of each class are owned by farm operators among whom the principal occupation of the majority is the operation of such farm;

(h)  “agricultural operations cooperative” : a cooperative governed by the Cooperatives Act (chapter C-67.2), whose main object and principal activity is the operation of an economic farm of which it is the owner or lessee, provided that all its members are natural persons, that at least sixty per cent of the common shares are owned by farm operators and that the majority of its members are farm operators among whom the principal occupation is the operation of such farm;

(i)  “agricultural operations partnership” : a partnership within the meaning of the Civil Code whose principal object is the joint operation of an economic farm, of which it is the owner or lessee, constituted by a written contract complying with the regulations, composed of physical persons and in which not less than sixty per cent of the interests are owned by farm operators among whom the principal occupation of the majority is the operation of such farm;

(j)  “joint operators” : several physical persons who jointly operate an economic farm constituted of the aggregate of the farms of which they are the owners or lessees while sharing, according to the proportions determined among them, the income from the aggregate of such farms, provided that not less than sixty per cent of the aggregate of the interests in such farm are owned by one or several farmers;

(k)  “grant” : any grant made in accordance with this act and the regulations;

(l)  “Bureau” : the Office du crédit agricole du Québec;

(m)  “Minister” : the Minister of Agriculture, Fisheries and Food;

(n)  “regulation” : any regulation made by the Bureau under this act.

1969, c. 44, s. 1; 1973, c. 22, s. 22; 1975, c. 34, s. 19; 1975, c. 38, s. 1; 1977, c. 5, s. 14; 1979, c. 77, s. 21; 1982, c. 26, s. 311.

DIVISION II ESTABLISHMENT OF YOUNG FARMERS

2. The Minister may, on the recommendation of the Bureau, make a grant not exceeding $2 000:

to any farmer not less than eighteen nor more than forty years of age or to any aspiring farmer who, from 1 November 1975, acquires or leases an economic farm to establish himself thereon.

Such a grant shall be made to the farmer or to the aspiring farmer who applies therefor, for the purpose of assisting him to develop such farm in accordance with the regulations.

The acquisition or lease referred to in the first paragraph must have been made before 1 July 1986 and the application referred to in the second paragraph must be received by the Bureau before 1 July 1987.

1969, c. 44, s. 2; 1971, c. 85, s. 29; 1975, c. 38, s. 2 (part); 1978, c. 43, s. 1; 1982, c. 29, s. 26; 1983, c. 54, s. 56; 1985, c. 41, s. 1; 1986, c. 54, s. 1.

3. The grant provided for in section 2 may be made even if the farmer benefits by the right to the remission provided for in section 30 of the Farm Credit Act (chapter C-75) or to the advantage contemplated in section 4 of the Farm Loan Act (chapter P-20), or if he benefits or has already benefited by a grant for the consolidation of a farm under section 25 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14).

1969, c. 44, s. 3; 1973, c. 22, s. 1.

4. No farmer shall qualify for the grant provided for in section 2 if he has already benefited by the grant provided for in section 25 of the Agriculture and Colonization Department Act (Revised Statutes of Québec, 1964, chapter 101).

1969, c. 44, s. 4.

5. The Minister may also, on the recommendation of the Bureau, make a grant not exceeding $6 000:

to any farmer not less than eighteen nor more than forty years of age or any aspiring farmer who, from 1 November 1975, acquires or leases an economic farm to establish himself thereon.

Such a grant is made to the farmer or to the aspiring farmer who applies therefor, for the purpose of assisting him to carry out a programme of land improvement on such farm in accordance with the regulations.

The acquisition or lease referred to in the first paragraph must have been made before 1 July 1986 and the application referred to in the second paragraph must be received by the Bureau before 1 July 1987.

1969, c. 44, s. 5; 1971, c. 85, s. 30; 1975, c. 38, s. 3 (part); 1978, c. 43, s. 2; 1982, c. 29, s. 27; 1983, c. 54, s. 56; 1985, c. 41, s. 1; 1986, c. 54, s. 2.

5.1. The Minister may, on the recommendation of the Bureau, make a grant not exceeding $15 000 to any farmer or any aspiring farmer who, from 1 July 1986, acquires or leases an economic farm to establish himself thereon and who,

(1)  on the date of his establishment, is not less than eighteen nor more than forty years of age;

(2)  in the case of a farmer, meets, on the date of receipt by the Bureau of his application in writing for a grant, the requirements prescribed by regulation with respect to his farming experience or vocational training;

(3)  has not, as an operator or farmer, already caused an agricultural operations corporation, an agricultural operations partnership, an agricultural operations cooperative or a group of persons contemplated in sections 14 and 15 to be the recipient of all or part of a grant under this Act or a grant referred to in section 2 or 14 of the Act to promote the establishment of young farmers (chapter E-12.1) or has not already been the recipient of one or the other of such grants, or part thereof, or benefited from any of the following measures:

(a)  the remission provided under section 30 of the Farm Credit Act (chapter C-75);

(b)  the advantage provided for under section 4 of the Farm Loan Act (chapter P-20);

(c)  a grant for the consolidation of a farm under section 30 of the Agriculture and Colonization Department Act (Revised Statutes of Québec, 1964, chapter 101), as it read before 22 December 1969;

(d)  a decrease in the annual amount of the rent or of the charge or an exemption of payment of interest pursuant to section 10.1 or 17.1 of the Regulation respecting the arable land bank formed under Division VII of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (R.R.Q., 1981, c. M-14, r. 1).

A grant under this section is made to any farmer or aspiring farmer who applies therefor and who files a grant utilization plan consistent with the regulations, in view of increasing the profitability of his agricultural operation, within the scope of the purposes prescribed by regulation.

Where a grant under this section is made to an aspiring farmer, the aspiring farmer shall, not later than thirty days after the time allotted under the fourth paragraph of section 24, prove to the Bureau that the farm referred to in the first paragraph is profitable and that he meets the requirements prescribed by regulation with respect to his farming experience or vocational training, failing which he forfeits his right to such a grant.

1986, c. 54, s. 3.

5.2. Where an agricultural operations corporation, an agricultural operations partnership, an agricultural operations cooperative or a group of persons contemplated in sections 14 and 15 was a recipient of a grant provided for in section 2, 5 or 7, as the case may be, and where at the time the grant was made, two persons contemplated in section 23 who were members thereof both met the conditions prescribed in this Act to qualify the corporation, partnership, cooperative or group for all or part of the grant, each of them is, for the purposes of paragraph 3 of the first paragraph of section 5.1, deemed to have already caused that corporation, partnership, cooperative or group to be the recipient of a grant.

1986, c. 54, s. 3.

6. A farmer shall be deemed to have already established himself and shall not be qualified for the grant provided for in section 5 if he benefits by the right to the remission provided for in section 30 of the Farm Credit Act (chapter C-75) or to the advantage contemplated in section 4 of the Farm Loan Act (chapter P-20), or if he has benefited by such remission or advantage or if he benefits or has already benefited by a grant for the consolidation of a farm under section 25 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14).

Nevertheless, the grant provided for in section 5 may be made even if the farmer benefits or has already benefited in whole or in part by the grant provided for in section 25 of the Agriculture and Colonization Department Act (Revised Statutes of Québec, 1964, chapter 101).

1969, c. 44, s. 6; 1972, c. 34, s. 1; 1973, c. 22, s. 1.

6.1. For the purposes of the second paragraph of each of sections 2 and 5, and of sections 10, 14, 15 and 16, every person or partnership or other group of persons who or which, from 1 October 1971 but before 1 November 1975, leased an economic farm to establish himself or itself thereon is considered to have leased that farm on l November 1975. If, on the date the Bureau receives the application of such lessee for a grant, such lessee is a farmer or an aspiring farmer, he is deemed to be of the same age on the said date of receipt as on the actual date of that lease, and if that lessee is a legal person, a partnership or a group of persons eligible for benefits under this Act, the farm operator contemplated in section 10, 14 or 16 or, as the case may be, the farmer contemplated in section 15 or 16 is deemed to be of the same age on the said date of receipt as he was at the time of that lease.

1978, c. 43, s. 3.

DIVISION III ENLARGEMENT OF FARMS

7. The Minister may, on the recommendation of the Bureau, make a grant not exceeding $4 000 to any farmer who applies therefor and submits a programme of land improvement to the Bureau and:

who, with the purpose of making the farm of which he is the owner or the lessee an economic farm or increasing the profitability thereof, increases, from 1 November 1975, the area of such farm through the acquisition or lease of additional land.

Such a grant shall be made in accordance with the requirements of the regulations which may determine the amount of the grant in accordance with the increase of the area under cultivation.

For the purposes of this section, the farmer who, for reasons considered acceptable by the Bureau, disposes of the farm of which he is the owner to acquire or lease, within a period determined by regulation, another farm of a greater area, or terminates the lease of a farm of which he is the lessee to acquire or lease another farm of a greater area, within such a period, also increases the area of his farm.

The application contemplated in the first paragraph must be received by the Bureau before 1 July 1986.

1969, c. 44, s. 7; 1975, c. 38, s. 4 (part); 1978, c. 43, s. 4; 1982, c. 29, s. 28; 1983, c. 54, s. 56; 1985, c. 41, s. 1.

8. No farmer shall qualify for the grant provided for in section 7 if he benefits by the right to the remission provided for in section 30 of the Farm Credit Act, or to the advantage contemplated in section 4 of the Farm Loan Act, or if he benefits or has already benefited by all or part of such remission or advantage.

1969, c. 44, s. 8.

9. A farmer who benefits or has already benefited by a grant for the consolidation of a farm under section 25 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation, as it read before 22 December 1969, is entitled to the grant provided for in section 7 up to the amount which, added to the amount of the grant for the consolidation of a farm, attains $4 000.

1969, c. 44, s. 9; 1973, c. 22, s. 1; 1978, c. 43, s. 5.

DIVISION IV AGRICULTURAL OPERATIONS CORPORATIONS, COOPERATIVES AND PARTNERSHIPS

10. An agricultural operations corporation or an agricultural operations partnership may benefit by the grants for which farmers are qualified under sections 2 and 5, on the same conditions as such farmers, provided that one of its shareholders or members is a farm operator not less than eighteen nor more than forty years of age who owns 20% or more of the shares of each class issued by the corporation, or whose interests in the partnership represent, in the opinion of the Bureau, at least 20% of all the interests in such partnership.

However, where an agricultural operations corporation or an agricultural operations partnership has more than one farm operator not less than eighteen nor more than forty years of age among its shareholders or members each owning 20% or more of the shares of each class issued by the corporation, or among whom the interests of each in the partnership represent, in the opinion of the Bureau, at least 20% of all the interests in such partnership, the maximum grants for which it may qualify under the preceding paragraph may exceed the maximums provided for in sections 2 and 5 but without exceeding the maximums of $2 000 and $6 000, respectively, multiplied by the number of such operators.

An agricultural operations cooperative may benefit by grants for which agricultural operations corporations may qualify under the two preceding paragraphs, and up to the maximums provided for therein, provided it fulfills, mutatismutandis, the conditions provided for in such paragraphs respecting the agricultural operators which such cooperative must include among its shareholder-producers or its partners, as the case may be, except that the proportion of the shares which must be owned by each of such agricultural operators applies only to the ordinary shares or common shares, as the case may be.

1969, c. 44, s. 10; 1971, c. 85, s. 31; 1972, c. 34, s. 2; 1975, c. 34, s. 19; 1975, c. 38, s. 6; 1978, c. 43, s. 6.

11. An agricultural operations corporation, an agricultural operations cooperative or an agricultural operations partnership may also benefit by the grant provided for in section 7, on the same conditions as a farmer, except that the maximum grant in that case may amount to a sum equal to the product of $4 000 multiplied by the number of farm operators who each own 20% or more of the issued shares of each class, in the case of an agricultural operations corporation, by the number of shareholder-producers or of members, as the case may be, who each own 20% or more of the issued ordinary share or of the common shares, in the case of an agricultural operations cooperative, or by the number of partners among whom the interest of each in the partnership represents, in the opinion of the Bureau, not less than 20% of the aggregate of the interests in such partnership, in the case of an agricultural operations partnership.

1969, c. 44, s. 11; 1972, c. 34, s. 3; 1975, c. 38, s. 7; 1978, c. 43, s. 7.

12. Any person who, as a farm operator, causes or has already caused an agricultural operations corporation, an agricultural operations cooperative or an agricultural operations partnership to be the recipient of all or part of a grant under section 2, 5 or 7 is considered to have personally benefited by the maximum grant for the purposes of the second paragraph and of section 21.

To fix the maximum grant to be made under sections 2, 5 and 7 to an agricultural operations corporation, an agricultural operations cooperative or an agricultural operations partnership under this Act, the Bureau must deduct the amount of any grant already obtained by each farm operator who, among the shareholders of such corporation, the shareholder-producers or the members, as the case may be, of such cooperative or the partners in such partnership, fulfills the conditions provided in section 10 or 11 to render such corporation, cooperative or partnership eligible for the grants contemplated in those sections.

1969, c. 44, s. 12; 1972, c. 34, s. 4; 1975, c. 38, s. 8; 1986, c. 54, s. 4.

13. No issue, allotment or transfer of shares of an agricultural operations corporation to which a grant is made under this act shall be valid without the authorization of the Bureau until the last instalment of the grant has been paid.

No issue or allotment, transfer or repayment of ordinary shares or common shares, as the case may be, in an agricultural operations cooperative to which a grant is made under this act is valid without the authorization of the Bureau until the last instalment of the grant has been paid.

No amendment to the contract constituting an agricultural operations partnership to which a grant is made under this act shall be valid without the authorization of the Bureau until the last instalment of the grant has been paid.

1969, c. 44, s. 13; 1975, c. 34, s. 19; 1975, c. 38, s. 9.

14. Several physical persons operating an economic farm they hold in undivided ownership may jointly benefit by the grants provided for in sections 2 and 5 on the same conditions as a farmer, provided at least sixty per cent of the rights of ownership in such farm are held by one or more farm operators, that one of them is at least eighteen and not more than forty years of age and that he holds not less than twenty per cent of the rights of ownership in such farm.

1972, c. 34, s. 5; 1975, c. 38, s. 10.

15. Joint operators may jointly benefit by the grants provided for in sections 2 and 5 on the same conditions as a farmer, provided one of them is a farmer at least eighteen and not more than forty years of age and owns not less than twenty per cent of the aggregate of the interests in the economic farm composed of the aggregate of the farms of which the joint operators are the owners or lessees.

1972, c. 34, s. 5; 1975, c. 38, s. 11.

16. When a group of persons contemplated in section 14 or 15 includes more than one farm operator or farmer who meets the conditions required to render the group eligible for the grants provided for in sections 2 and 5, the maximum grants provided for in those sections may amount to $2 000 and $6 000, respectively, multiplied by the number of such farm operators or farmers, as the case may be.

1972, c. 34, s. 5; 1975, c. 38, s. 12; 1978, c. 43, s. 8.

16.1. The Minister may, on the recommendation of the Bureau, make a grant not exceeding $15 000 to an agricultural operations corporation, an agricultural operations partnership, an agricultural operations cooperative or a group of persons contemplated in sections 14 and 15 which, from 1 July 1986, acquires or leases an economic farm to establish itself thereon provided one of the shareholders, partners, shareholder-producers or members is a farm operator or a farmer who:

(1)  on the date of the establishment, is not less than eighteen nor more than forty years of age, has as his principal occupation the operation of the farm and holds 20% or more,

(a)  in the case of an agricultural operations corporation, of the shares of each class issued by the corporation;

(b)  in the case of an agricultural operations partnership, of the interests in the partnership;

(c)  in the case of an agricultural operations cooperative, of the ordinary shares or common shares, as the case may be, issued by the cooperative;

(d)  in the case of joint operators, of the interests in the economic farm constituted of the aggregate of the farms of which they are owners or lessees;

(e)  in the case of undivided owners of an economic farm, of the rights of ownership in the farm;

(2)  on the date of receipt by the Bureau of the application in writing for the grant, meets the requirements prescribed by regulation with respect to his farming experience and vocational training and meets the requirements prescribed in paragraph 3 of the first paragraph of section 5.1.

The second paragraph of section 5.1, adapted as required, applies to this section.

1986, c. 54, s. 5.

16.2. Where an agricultural operations corporation, an agricultural operations partnership, an agricultural operations cooperative or a group of persons contemplated in sections 14 and 15 includes among its shareholders, partners, shareholder-producers or members more than one farm operator or farmer who meets the requirements prescribed in paragraphs 1 and 2 of the first paragraph of section 16.1, in no case may the maximum grant provided under the said section exceed $15 000 multiplied by the number of such operators or farmers, never exceeding four.

1986, c. 54, s. 5.

16.3. As long as the total number of farm operators or farmers who have qualified an agricultural operations corporation, an agricultural operations partnership, an agricultural operations cooperative or a group of persons contemplated in sections 14 and 15 for a grant under section 16.1 or 16.2 or under this section remains less than four, the Minister may, on the recommendation of the Bureau and until that number is reached, grant to the corporation, partnership, cooperative or group that applies therefor in writing to the Bureau another amount not exceeding $15 000, as part of the grant, whenever

(1)  a farm operator or farmer who was not a shareholder, partner, shareholder-producer or a member of the corporation, partnership, cooperative or group at the time a grant was made to it under section 16.1 or 16.2 or under this section subsequently becomes a shareholder, partner, shareholder-producer or a member thereof and proves to the Bureau

(a)  that he meets the requirements prescribed in paragraph 3 of the first paragraph of section 5.1, that the farm operated by the corporation, partnership, cooperative or group continues to be an economic farm, that his principal occupation is the operation of that farm and that he holds the percentage of interests prescribed in subparagraph 1 of the first paragraph of section 16.1 the acquisition of which, if effected without the authorization of the Bureau, does not reduce to under 20% the percentage of interests of a person who, during the last five years, has qualified the corporation, partnership or group for a grant of $15 000;

(b)  that on the date on which he began to meet the requirements of subparagraph a of this paragraph he was not over forty years of age;

(c)  that on the date his application for a grant is received by the Bureau he is not less than eighteen years of age and meets the requirements prescribed by regulation with respect to his farming experience or vocational training;

(2)  any person who, although he was a shareholder, partner, shareholder-producer or member of the corporation, partnership, cooperative or group at the time a grant was made to it under section 16.1 or 16.2 or under this section, did not then qualify it for the grant but who subsequently proves to the Bureau that he meets the requirements listed in subparagraphs a to c of paragraph 1.

A grant under this section shall be made to the applicant who files a grant utilization plan consistent with the regulations, in view of increasing the profitability of his agricultural operation, within the scope of the purposes prescribed by regulation.

1986, c. 54, s. 5.

16.4. Each of the persons who met the requirements under this Act to qualify the agricultural operations corporation, the agricultural operations partnership, the agricultural operations cooperative or the group of persons contemplated in sections 14 and 15 of which they were members for a grant at the time a grant was made under any of sections 16.1, 16.2 and 16.3, even if that number exceeds four, is, for the purposes of paragraph 3 of the first paragraph of section 5.1, deemed to have caused that corporation, partnership, cooperative or group to be the recipient of the grant, if the grant or part thereof has been paid.

1986, c. 54, s. 5.

17. Several natural persons operating an economic farm they hold in undivided ownership, among whom at least 60% of the rights of ownership in the farm are held by one or more farm operators, and joint operators, may benefit jointly by the grant provided for in section 7 on the same conditions as a farmer, except that the maximum grant in such cases may amojnt to a sum equal to the product of $4 000 multiplied by the number of farm operators or farmers, as the case may be, who each own 20% or more of the aggregate of the rights held in undivided ownership of the farm or, as the case may be, of the aggregate of the interests in the economic farm composed of the aggregate of the farms of which the joint operators are the owners or lessees.

1972, c. 34, s. 5; 1975, c. 38, s. 13; 1978, c. 43, s. 9.

18. A person who, as a farm operator or farmer, causes or has already caused a group of persons contemplated in sections 14 and 15 to be the recipient of all or part of a grant under section 2, 5 or 7 is considered to have personally benefited by the maximum grant for the purposes of the second paragraph and of section 21.

To fix the maximum grant to be made under section 2, 5 or 7 to a group of persons contemplated in sections 14 to 17, the Bureau must deduct the amount of any grant already obtained by each farm operator or farmer, as the case may be, who, as a member of such group, fulfills the conditions provided in sections 14, 15 and 17 to render such group eligible for the grants provided for in those sections, notwithstanding sections 21 and 22 and the maximum limit on the grants provided for in sections 2, 5 and 7.

1972, c. 34, s. 5; 1975, c. 38, s. 14; 1986, c. 54, s. 6.

19. For the purposes of sections 15 to 17, joint operators must furnish to the Bureau, in compliance with the regulations, proof that they jointly operate the farms of which they are the owners or lessees.

1972, c. 34, s. 5; 1975, c. 38, s. 15.

DIVISION V PROVISIONS OF GENERAL APPLICATION

20. Every application for a grant shall be accompanied by the information required by the regulations.

1969, c. 44, s. 14.

21. Subject to section 16.3, no person may obtain a grant under section 2, 5, 5.1, 16.1 or 16.2 more than once.

No person may obtain under section 7 a grant the amount of which would increase beyond $4 000 the amount already received by a person under such section or beyond $20 000 the sums already received under section 11 or 17 by an agricultural operations corporation, an agricultural operations cooperative, an agricultural operations partnership or by a group of persons contemplated in section 17.

No grant may be made under section 2, 5, 5.1, 7, 16.1, 16.2 or 16.3 to a farmer, an agricultural operations corporation, an agricultural operations partnership, an agricultural operations cooperative or a group of persons contemplated in section 14, 15 or 17 to whom or which a grant under the Act to promote the establishment of young farmers (chapter E-12.1) has been made.

No person who, as a farm operator or farmer, has already caused an agricultural operations corporation, an agricultural operations partnership, an agricultural operations cooperative or a group of persons contemplated in sections 14 and 15 to be the recipient of a grant under the Act to promote the establishment of young farmers, may qualify that corporation, partnership, cooperative or group or any other similar corporation, partnership, cooperative or group for a grant under this Act.

1969, c. 44, s. 15; 1972, c. 34, s. 6; 1975, c. 38, s. 16; 1978, c. 43, s. 10; 1982, c. 29, s. 29; 1986, c. 54, s. 7.

21.1. Every person, including his legal representatives, who, within ten years from the obtaining of a grant made on or after 15 March 1979, uses or allows to be used for purposes other than agriculture, without the authorization of the Bureau, the farm or the land in respect of which such a grant has been made, must immediately reimburse to the Bureau every amount received in respect of that grant.

1978, c. 43, s. 10.

21.2. Every owner of an immoveable in respect of which a grant is made, is subject, for ten years from the making of such a grant, to the obligation mentioned in section 21.1. To avail against persons other than the person to whom the grant has been made, the said obligation must be set out in a declaration mentioning each immoveable to which it applies and the name of its owner. Such an immoveable is described by its cadastral number, if any mentioning, in the case of an immoveable comprising only a part of a lot, that it is a part of the cadastral number concerned, without the obligation of further describing the parts of the lot, notwithstanding article 2168 of the Civil Code. Where there is no cadastral number for that immoveable, it must be designated by indicating the seignory or township in which it is situated, the range, if such is the case, the metes and bounds and the name of the person to whom it belongs.

The declaration contemplated in the first paragraph is made unilaterally by the Bureau and it constitutes proof primafacie of the existence of the obligation mentioned in section 21.1. It must be registered by deposit in the registry office of the registration division where the immoveable in respect of which the grant has been made is situated and mention of the registration must be entered in the index of immoveables.

The total or partial cancellation of the registration of the declaration contemplated in the first paragraph is made by an application to that effect by the Bureau. The original of that application, when made by notarial deed enbrevet or by a private writing, or an authentic copy of such an application, when it is made in the notarial form enminute, must be kept in the registry office to form part of its records.

1978, c. 43, s. 10.

21.3. Notwithstanding section 2, 5, 7, 9, 10, 11 and 14 to 17, where the acquisition or lease of the economic farm in respect of which an application for a grant is made occurs before 15 March 1979, the maximum grants provided for in sections 2, 5, 7, 10, 11, 16 and 17 and the maximum amount contemplated in section 9 must be the same as those existing under the said sections before that date and, in such case, sections 21.1 and 21.2 do not apply.

1978, c. 43, s. 10.

21.4. Where a person applying for a grant is a lessee, or a lessee by emphytheutic lease, of the farm in respect of which such application for a grant is made, such lease must be attested by a notarial instrument or a private writing, which must be registered in the registry office of the registration division in which the farm is situated, and the time remaining to run in the term of the lease must be at least five years, calculated from the date on which the Bureau receives such application, except in the case of a lease obtained by the lessee of a farm contemplated in section 6.1 or 21.3, where the time remaining to run in the term of the lease must be at least equal to the term foreseen for the carrying out of the plan or work contemplated in section 24.

In the case of the lease of the lessee of a farm, the period of renewal stipulated therein at the option of the lessee, where such is the case, shall also be considered, for the purposes of fixing the term contemplated in the first paragraph, provided that the lessee binds himself in writing to exercise such option, to fulfil within the provided delays, where such is the case, all the formalities required for the exercise of such option, and to register, before the expiry of the initial term of the lease or of the renewed term of the lease, as the case may be, a statement of these facts containing a description of that farm in conformity with article 2168 of the Civil Code.

1978, c. 43, s. 10; 1986, c. 54, s. 8.

22. A person may benefit only by one or the other of the grants provided for in sections 5 and 7.

1969, c. 44, s. 16.

23. For the purposes of grants to be made under section 2, 5 or 7 to an agricultural operations corporation, an agricultural operations cooperative, an agricultural operations partnership or to a group of persons contemplated in section 14, 15 or 17, two legitimate spouses not judicially separated from bed and board and two common law spouses living together shall qualify such corporation, cooperative, partnership, or group of which they are members, together, as shareholders, partners, members, undivided owners or joint operators, as the case may be, to only one time the amount of the grant provided for in section 2, 5 or 7, as the case may be, notwithstanding the provisions of the second paragraph of section 10 and of sections 11, 16 and 17.

1975, c. 38, s. 17; 1986, c. 54, s. 9.

24. The grant provided for in section 2 shall be payable by the Bureau as a general improvement plan progresses, when the vouchers have been filed with the Bureau in accordance with the regulations.

The grants provided for in sections 5 and 7 shall be paid by the Bureau as the improvement work on land and farm buildings progresses, when the vouchers have been filed with the Bureau in accordance with the regulations.

The grants provided for in sections 5.1, 16.1 and 16.3 shall be paid by the Bureau as the carrying out of the grant utilization plan referred to in any of those sections progresses, when the vouchers have been filed with the Bureau in accordance with the regulations.

In the case of an aspiring farmer, however, any grant accorded him shall not be paid to him until such time as he makes farming his principal occupation within the delays and according to the conditions fixed by regulation.

1969, c. 44, s. 17; 1972, c. 34, s. 7; 1975, c. 38, s. 18; 1986, c. 54, s. 10.

25. All amounts paid as grants shall be inalienable and unseizable.

1969, c. 44, s. 18.

26. When a person dies after having applied for a grant, the grant may be accorded even after his death, and, in that case or the case where a grant accorded before death remained wholly or partly unpaid, the said grant or the unpaid balance on it, as the case may be, may be paid to any person who, in the opinion of the Bureau, is capable of adequately pursuing the operation of the deceased person’s farm.

1969, c. 44, s. 19; 1975, c. 38, s. 19.

27. The right of any person to whom a grant has been made to receive the instalments not yet paid with respect to such grant shall be suspended for not more than three years as soon as such person ceases to comply with the requirements of this act and of the regulations respecting entitlement to such instalments; nevertheless, no person shall cease to be entitled thereto for the sole reason that he operates a farm other than that which he was operating when the grant was made to him.

The person contemplated in the first paragraph is forfeited of his right to receive any instalment not yet paid with respect to a grant where that person has ceased for more than three consecutive years to comply with the requirements of this Act and any regulations thereunder.

1969, c. 44, s. 20; 1986, c. 54, s. 11.

27.1. Notwithstanding sections 26 and 27, the Minister may, on the recommendation of the Bureau, revoke the right of a person to whom a grant has been made to receive the instalments of the grant that are not yet paid where that person

(1)  so requests;

(2)  dies;

(3)  ceases to comply with the requirements of this Act or of the regulations.

Where the revocation contemplated in the first paragraph occurs before any instalment of the grant has been made, the grant is deemed, for the purposes of this Act, to have never been made.

1986, c. 54, s. 12.

28. Every person who obtains a grant to which he is not entitled or who uses the proceeds of a grant for purposes other than those for which it was made shall forfeit such grant pleno jure and shall remit to the Bureau the amounts received with respect to such grant.

1969, c. 44, s. 21.

29. The Government may, by regulation,

(1)  define the word “establishment” and the expressions “principal occupation”, “principal activity”, “cultivation of the soil”, “raising of livestock”, “general improvement plan” and “programme of land improvement” and prescribe the conditions applicable to such a plan or programme;

(2)  prescribe the requirements which must be met by any natural person contemplated in paragraph 2 of the first paragraph of section 5.1, the third paragraph of the said section, paragraph 2 of the first paragraph of section 16.1 and in paragraphs 1 and 2 of the first paragraph of section 16.3 with respect to his farming experience or vocational training;

(3)  prescribe the purposes for which a grant made under section 5.1, 16.1, 16.2 or 16.3 may be utilized and the contents of a utilization plan respecting such a grant and its terms of payment;

(4)  prescribe the stipulations a partnership contract must include to ensure that the partnership is a partnership within the meaning of paragraph i of section 1;

(5)  prescribe the particulars that must be included in the document to be furnished to the Bureau to constitute proof, in the case of joint operators, of the joint operation of an economic farm constituted of the aggregate of the farms of the joint operators;

(6)  set the time within which, and the conditions according to which, a natural person must undertake to make farming his principal occupation to be considered an aspiring farmer;

(7)  prescribe the documents and information that must be filed with the Bureau on making an application for a grant, and thereafter, and the vouchers that must be filed for the purposes of section 24;

(8)  prescribe any other measure necessary or useful for the carrying out and proper operation of this Act.

The regulations made pursuant to this Act come into force on the date of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1969, c. 44, s. 22; 1986, c. 54, s. 13.

30. With the authorization of the Government, the Bureau may make any agreement with any government or body and with any person, society, partnership or corporation to facilitate the carrying out of this act.

The Government shall have the powers required to enforce such agreements.

1969, c. 44, s. 23.

DIVISION VI FINAL PROVISIONS

30.1. Notwithstanding the provisions of this Act, from such time, before the end of a fiscal year, as the total of the outlays relating to obligations previously assumed under this Act and of the obligations assumed under this Act from the beginning of that fiscal year attains an amount equal to twice the amount of the appropriations voted by the Legislature for the purposes of this Act, no recommendation for the making of a grant shall be made to the Minister by the Bureau in the same fiscal year.

1986, c. 54, s. 15.

31. The Bureau shall be entrusted with the carrying out of this act.

1969, c. 44, s. 31.

32. (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 44 of the statutes of 1969, in force on 31 December 1977, is repealed, except subparagraphs b of section 2, b of section 5 and b of section 7, and sections 28, 29, 30 and 32, effective from the coming into force of chapter M-36 of the Revised Statutes.