T-8.1, r. 7 - Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter T-8.1, r. 7

Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State

Act respecting the lands in the domain of the State

(chapter T-8.1, s. 71).

O.C. 231-89; O.C. 1252-2001, s. 1.

DIVISION I SCOPE

1. This Regulation applies to lands in the domain of the State under the authority of the Minister of Natural Resources and Wildlife under section 3 of the Act respecting the lands in the domain of the State (chapter T-8.1).

O.C. 231-89, s. 1; O.C. 1252-2001, s. 1.

DIVISION II GENERAL CONDITIONS

2. Except where this Regulation prescribes a different price or rent, land shall be sold at the market value determined by generally recognized techniques of property assessment, or shall be leased at a percentage of that value, without taking into account the value of improvements made to the land by the purchaser or the lessee.

Where land is located outside the boundaries of a local municipality, that land may be sold or leased in accordance with the first paragraph or at the substitution price fixed by this Regulation.

For the purposes of this section, “local municipality” means a municipality governed by whatever law, except a regional county municipality, Municipalité de Baie-James, the James Bay Regional Zone Council, the Kativik Regional Government and Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent.

O.C. 231-89, s. 2; O.C. 705-2010, s. 1.

3. The prices, rents, fees and royalties mentioned in Schedule I shall be adjusted on 1 April of each year depending on the changes in the average consumer price index for the preceding year, using as a base the index for the whole of Québec calculated by Statistics Canada.

Those amounts are then increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50 or reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50, except for the prices and rents per square metre indicated to in sections 5, 8, 12 and 16 of Schedule I.

O.C. 231-89, s. 3; O.C. 705-2010, s. 2.

§ 1 . — Fees payable

4. The sale, exchange or lease of land and the granting of a right in land are subject to fees for the preparation and registration of survey plans and documents, where such operations are necessary.

Where land has already been surveyed and registered at the expense of the Minister and such operations are still valid, the purchaser, lessee or holder of a right shall pay in full the fees for preparation and registration of survey plans and documents before the deed is issued.

Where land has already been surveyed, but a survey and the replacement of boundary marks are necessary, the purchaser, lessee or holder shall pay 50% of the fees prescribed in the second paragraph, in addition to the survey and boundary mark replacement fees.

Where land has not been surveyed, the purchaser, lessee or holder shall carry out at his own expense the preparation and registration of survey plans and documents.

O.C. 231-89, s. 4.

5. The sale, exchange or lease of land, the granting of a right in land, a waiver of a restrictive clause appearing in letters patent or a deed of sale, an amendment to such a clause or an authorization given under such a clause shall comprise the administration fees mentioned in sections 1 to 3 of Schedule I.

The costs of professional, technical or advertising services shall be added to the administration fees.

O.C. 231-89, s. 5; O.C. 705-2010, s. 3.

6. The purchaser, lessee or holder of a right shall pay the fees respecting land registration.

He shall also pay the fees for preparation and receipt of the deed where the sale or lease of land or the granting of a right in land is made by notarial deed.

O.C. 231-89, s. 6; O.C. 705-2010, s. 4.

§ 2 . — Methods of assignment

7. Subject to sections 8 and 9, if more than one person wishes to purchase or lease the same land, the Minister sells it to the highest bidder or leases it to the first applicant.

However, in the case of land intended for commercial or industrial purposes, priority for sale or lease must be given to the person who demonstrates that the repercussions of the project are the most positive from a sustainable development perspective, particularly with regard to the environmental, social and economic aspects.

O.C. 231-89, s. 7; O.C. 705-2010, s. 5.

8. Where a municipality and another person wish to purchase or lease the same land, priority shall be given to the municipality if it requires the land for purposes of public utility.

O.C. 231-89, s. 8; O.C. 705-2010, s. 6.

9. Where a resident of Québec and a non-resident wish to purchase or lease the same land, priority shall be given to the Québec resident.

O.C. 231-89, s. 9.

10. Notwithstanding sections 7, 8 and 9, the purchaser of a surplus or confiscated property shall have priority in purchasing or leasing the land where the property is located.

A person who applies for regularization under section 19.1 shall also have priority in purchasing the land covered by his application.

O.C. 231-89, s. 10; O.C. 1252-2001, s. 2.

11. Where the Minister of his own motion offers land for sale, such sale shall be made by a call for tenders.

O.C. 231-89, s. 11.

12. Where land is offered as part of a cottage development project carried out by the Minister, the Minister is to publish the conditions of land sale or lease on the website of the Ministère des Ressources naturelles et de la Faune or in a local publication and indicate, as the case may be, whether the land will be awarded by drawing lots or to the first applicant

O.C. 231-89, s. 12; O.C. 705-2010, s. 7.

13. (Revoked).

O.C. 231-89, s. 13; O.C. 705-2010, s. 8.

14. A person may not purchase or lease more than one parcel of land offered for building cottages in one or more administrative regions by drawing lots.

O.C. 231-89, s. 14; O.C. 705-2010, s. 9.

DIVISION III SPECIAL CONDITIONS APPLYING TO SALES

15. The Minister may sell land located outside the boundaries of a local municipality at the substitution price prescribed by section 5 of Schedule I.

O.C. 231-89, s. 15.

16. The Minister may sell land to a municipality wishing to use it for a non-profit community purpose at a price corresponding to 10% of its market value or of the substitution price mentioned in section 15.

In this section “non-profit community purpose” means an activity open to all citizens or to a category of citizens without membership in a private club, association or interest group being required to engage in the activity, free of charge free or on a basis of a charge covering only the costs of operation and maintenance.

O.C. 231-89, s. 16; O.C. 705-2010, s. 10.

17. A municipality may not sell or otherwise alienate land purchased from the Minister on the conditions prescribed by section 16.

O.C. 231-89, s. 17.

18. The Minister may make a promise of conditional sale of a parcel of land where the sale is an instalment sale, where the purchaser must make minimum investments therein, or where the time limits for surveying or other special conditions warrant it.

O.C. 231-89, s. 18; O.C. 705-2010, s. 11.

19. The Minister may transfer land for commercial or industrial purposes by emphyteusis. The annual rent shall be fixed at 5% of the market value, but not less than the minimum rent mentioned in section 6 of Schedule I.

O.C. 231-89, s. 19.

19.1. The Minister may sell land to a person who applies for regularization within 2 years of the filing of a cadastral renovation plan and who would have qualified for a title under section 40.1 of the Act during the preparation of the renovation plan, or to the person’s successor.

The sale price shall be 1% of the market value of the land.

O.C. 1252-2001, s. 3.

20. Where land bordering a lake or a watercourse is sold or transferred, the deed of sale or transfer may contain the following clause:

“The Gouvernement du Québec or one of its mandataries may not be in any way held responsible for damage that might be incurred by the purchaser, or his heirs or assigns, as a result of the construction, maintenance, reconstruction or demolition of any dam or any work related to a dam built, maintained, reconstructed or demolished, in accordance with the standards or requirements fixed by the departments involved, and that the government has considered expedient to authorize or carry out in the public interest.

This clause may be pleaded only in the case of an existing dam or a dam whose construction began within 5 years of the signing of this deed.”

The deed may also contain a clause establishing a servitude for flood, erosion, water infiltration and ice backup resulting from the operation or construction of a dam.

O.C. 231-89, s. 20; O.C. 705-2010, s. 12.

DIVISION IV SPECIAL CONDITIONS APPLYING TO LEASES

21. The annual rent for land or buildings must be 6% of their market value. However, the rent may not be lower than the minimum rent fixed in section 7 of Schedule I.

The rent is rounded off to the next highest dollar if the dollar fraction is $0.50 or more, or to the next lowest dollar if the dollar fraction is less than $0.50.

O.C. 231-89, s. 21; O.C. 308-99, s. 1; O.C. 440-2003, s. 1; O.C. 705-2010, s. 13.

22. The Minister may lease land located outside the boundaries of a local municipality at the annual substitution rent specified in section 8 of Schedule I. However, the rent shall not be lower than the minimum rent specified in section 8 of that Schedule.

O.C. 231-89, s. 22; O.C. 308-99, s. 1; O.C. 705-2010, s. 14.

23. Where the term of the lease is 5 years or more, the rent shall be reviewed every 5 years in accordance with the variations in the average consumer price index during the 5 years prior to the review in accordance with the index compiled by Statistics Canada for the whole of Québec.

O.C. 231-89, s. 23; O.C. 705-2010, s. 15.

24. The Minister may lease land to a legal person for a non-profit community purpose or for conservation and protection of the forest, wildlife or the aquatic environment for an annual rent corresponding to 1% of its market value, or where the land is located outside the boundaries of a local municipality, 10% of the substitution rent mentioned in section 8 of Schedule I, but not less than the amount mentioned in section 9 of Schedule I.

In this section, “non-profit community purpose” has the meaning given to it in section 16.

O.C. 231-89, s. 24.

25. The Minister may lease land having an area not exceeding 100 m2 for construction of a rough shelter in the forest.

The term of the lease may not exceed 4 years and the annual rent shall be that mentioned in section 10 of Schedule I.

In this section, “rough shelter” means a building or a work used as a shelter, without dependencies other than a privy, without electricity or running water, without a permanent foundation, having only one storey and having a floor area not exceeding 20 m2, except in the administrative region of Abitibi-Témiscamingue, as defined by Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1), where the floor area must not exceed 30 m2.

O.C. 231-89, s. 25; O.C. 705-2010, s. 16.

26. A lease must indicate its term and the purpose for which it is granted. It may include a clause providing for the granting, by the Minister, of a right of superficies in favour of the lessee. A lease is renewable, unless otherwise stipulated.

The lessee may not use the land for a purpose other than that stated in the lease.

At the time of the transfer by the lessee of the lessee’s rights in the lease or the alienation of the buildings and facilities erected on the leased land, a new lease must be entered into between the Minister and the purchaser. In either case, the lessee must inform the Minister.

O.C. 231-89, s. 26; O.C. 705-2010, s. 17.

26.1. The construction of an access road to the leased land must be authorized by the Minister and carried out by the lessee at the lessee’s own expense.

The lessee must grant without charge a right of way for pedestrians and motorists at the place indicated by the Minister to any person who demonstrates to the Minister the need for a right of way.

O.C. 705-2010, s. 17.

26.2. The lease may contain the following clause:

The Gouvernement du Québec or one of its mandataries may not be in any way held responsible for damage that might be incurred by the lessee as a result of the construction, maintenance, reconstruction or demolition of any dam or any work related to a dam built, maintained, reconstructed or demolished, in accordance with the standards or requirements fixed by the departments involved, and that the Government has considered expedient to authorize or carry out in the public interest.

O.C. 705-2010, s. 17.

27. At the Minister’s request, the lessee of land leased for a purpose other than building cottages or the construction of a rough shelter in the forest must submit to the Minister a plan locating the constructions and describing the development work he wishes to undertake.

O.C. 231-89, s. 27; O.C. 705-2010, s. 18.

28. No person may install a disused vehicle on leased land.

O.C. 231-89, s. 28.

§ 1 . — Leasing for building cottages

28.1. The rent for land leased for building cottages is based on

(1)  its proximity to a body of water;

(2)  its proximity to the nearest urban pole listed in section 17 of Schedule I; and

(3)  the reference value for the year concerned, corresponding to land rated 100, appearing on the list opposite the nearest urban pole.

The annual rent, which cannot be lower than the minimum rent fixed in section 7 of Schedule I, is calculated as follows:

(1)  the rating of the land is determined according to the criteria on the following scale:

___________________________________________________________________________________

Proximity to an           Proximity to a body of water 
urban pole listed         _________________________________________________________
in section 17 of
Schedule I                 Waterfront        Semi-waterfront        Non-waterfront 
___________________________________________________________________________________

Less than 30 km               100                  75                    50
___________________________________________________________________________________

30-59 km                       75                  55                    40
___________________________________________________________________________________

60-89 km                       65                  50                    35
___________________________________________________________________________________

90 km or more                  50                  40                    25
___________________________________________________________________________________            

(2)  the rating thus obtained is divided by 100 and the result is multiplied by the reference value for the year concerned appearing on the list opposite the nearest urban pole;

(3)  the result is multiplied by the square root of the ratio obtained by dividing the area of the leased land in square metres by 4,000 m2, then by 6%;

(4)  the amount obtained is rounded off to the next highest dollar if the dollar fraction is $0.50 or more, or to the next lowest dollar if the dollar fraction is less than $0.50.

O.C. 440-2003, s. 2; O.C. 705-2010, s. 19.

28.2. For the purposes of the rating scale:

(a)  waterfront land is land directly bordering a lake, a river, the St. Lawrence River or the Gulf of St. Lawrence, or land that is separated from the shore or bank solely by a strip of land not more than 30 m wide that is owned by the State and not having another private use;

(b)  semi-waterfront land is non-waterfront land more than 50% of which is located within a strip of land 300 m from a lake, the St. Lawrence River or the Gulf of St. Lawrence, or 100 m from a river; and

(c)  other land is non-waterfront land.

O.C. 440-2003, s. 2.

28.3. Notwithstanding section 28.1, waterfront or semi-waterfront lands around a lake of 1,000 ha or less are deemed to be situated at the same distance from the urban pole as the farthest of such lands is from the pole; in addition, if such lands come under different urban poles, the urban pole that applies to determine the rents for all of such lands is the urban pole having the lowest 100-rated reference value for the year concerned.

Similarly, any land situated in Îles-de-la-Madeleine is deemed to be situated within 30 km from an urban pole.

O.C. 440-2003, s. 2; O.C. 705-2010, s. 20.

28.4. For the first renewal after 1 November 2003, and except for the amount necessary to obtain the minimum rent fixed in section 7 of Schedule I, any rental increase exceeding $50 is divided equally over a maximum of 5 years, with a minimum of $50 per year.

The first paragraph does not apply to a lease granted after 1 November 2003.

O.C. 440-2003, s. 2; O.C. 705-2010, s. 21.

28.5. The reference values, corresponding to land rated 100 and appearing opposite the urban poles listed in section 17 of Schedule I, are revised every 5 years as of 1 November 2010.

O.C. 440-2003, s. 2; O.C. 705-2010, s. 22.

29. The lessee of land for building cottages may construct or install thereon only 1 dwelling. He may build appartenances thereon, such as a garage or a shed.

The dwelling may be constructed only at a distance of not less than 25 m above the high-water mark.

The lessee may develop only 1 access road to the dwelling over the leased land. The right of way of such road may not exceed 6 m in width.

O.C. 231-89, s. 29.

29.1. The lessee of land for building cottages, awarded by the Minister by drawing lots after 1 October 2010, may not transfer his or her rights in the lease for 5 years following the date of the first lease. The prohibition does not apply if

(1)  the lessee has constructed a building of a minimum value of $10,000 on the leased land;

(2)  the building on the leased land was sold by judicial sale, for non-payment of taxes or for the exercise of a hypothecary right; or

(3)  the transfer is made in favour of the lessee’s legal or de facto spouse, father, mother, brother, sister or child, or following the lessee’s death.

O.C. 705-2010, s. 23.

30. Except for removing dead or damaged trees, the lessee shall keep a wooded strip 20 m in depth along the front of the land or the watercourse and 10 m in depth from the side and rear boundaries of the leased land.

A lessee may clear the land of trees for the following developments:

(1)  the access road mentioned in section 29;

(2)  an access road to water having a width not exceeding 5 m, making possible the launching of a boat, and arranged to prevent erosion;

(3)  a trail or a stairway having a width not exceeding 1 m yielding access to the shore.

A lessee may also trim trees or shrubs to provide a view over the land or the watercourse.

O.C. 231-89, s. 30.

31. The lessee of land may affix an identification sign on a pole placed near the access road to the dwelling provided that it is not larger than 2-tenths of a square metre and that it is fixed at less than 2.5 m above the ground.

O.C. 231-89, s. 31.

32. A lessee may set up a gate on the access road to the dwelling provided that it is located on the leased land, and where the leased land borders a public road, not less than 5 m from the road.

O.C. 231-89, s. 32.

§ 2 . — Leases for construction of rough shelters

33. The lessee of land leased for construction of a rough shelter in the forest may not make an access road to the land or clear it of trees beyond a radius of 3 m around the shelter.

A shelter may be constructed only at a distance of not less than 25 m above the high-water mark.

O.C. 231-89, s. 33.

§ 3 . — Billboards

34. The Minister may lease a parcel of land not exceeding 100 m2 for installation of a billboard. The annual rent shall be that mentioned in section 11 of Schedule I.

A board whose dimension does not exceed 1 m2 and used solely to indicate a distance or direction is not a billboard for the purposes of this section.

O.C. 231-89, s. 34; O.C. 705-2010, s. 24.

§ 4 . — Storage yard for tailings

35. The Minister may lease a parcel of land for a storage yard for tailings, in accordance with section 239 of the Mining Act (chapter M-13.1).

The annual rent shall be that mentioned in section 12 of Schedule I.

O.C. 231-89, s. 35.

§ 5 . — Leases for complementary or accessory purposes

O.C. 705-2010, s. 25.

35.1. Where land leased as a complement or accessory to a main use does not exceed 1,000 m2, the minimum rent is the rent fixed in section 7 of Schedule I.

O.C. 705-2010, s. 25.

§ 6 . — Market rental value

O.C. 705-2010, s. 25.

35.2. The Minister may lease land for the installation of telecommunication towers, power transforming stations, wind measurement masts or meteorological instruments on the basis of the market rental value determined by generally recognized techniques of property assessment. The minimum rent is that fixed in section 7 of Schedule I.

O.C. 705-2010, s. 25.

DIVISION V SPECIAL CONDITIONS APPLYING TO TEMPORARY OCCUPATION LICENCES

36. The rent for a temporary occupation licence shall be that mentioned in section 13 of Schedule I.

The holder of a temporary occupation licence shall not be required to pay the administration fees mentioned in section 5.

The holder of a temporary occupation licence is required to comply with section 28 and to observe the conditions prescribed in section 33.

O.C. 231-89, s. 36; O.C. 705-2010, s. 26.

DIVISION V.1 SPECIAL CONDITIONS APPLYING TO CAMPSITES

O.C. 1252-2001, s. 4.

36.1. This Division does not apply to lands leased by the Minister for the operation of a campsite.

O.C. 1252-2001, s. 4.

36.2. No one may camp on lands in the domain of the State on the same site for more than 7 months in a single year. For the purposes of this section, the expression “same site” includes any other site located within a 1 km radius of the first site.

O.C. 1252-2001, s. 4.

36.3. No one may set up equipment in the right of way of a road or trail or in a loading and unloading zone on lands in the domain of the State.

No one may park a vehicle in the right of way of a trail or in a loading and unloading zone, nor park a vehicle in a way that hampers the traffic in the right of way of a road.

O.C. 1252-2001, s. 4.

36.4. Every person camping on lands in the domain of the State shall clean the site and restore the premises to their original condition before leaving. The person shall also take his garbage back with him when leaving.

O.C. 1252-2001, s. 4.

DIVISION VI

(Revoked)

O.C. 231-89, Div. VI; O.C. 705-2010, s. 27.

37. (Revoked).

O.C. 231-89, s. 37; O.C. 705-2010, s. 27.

38. (Revoked).

O.C. 231-89, s. 38; O.C. 705-2010, s. 27.

DIVISION VII SPECIAL CONDITIONS APPLYING TO THE SALE OR LEASE OF LAND FOR COMMERCIAL OR INDUSTRIAL PURPOSES

O.C. 231-89, Div. VII; O.C. 705-2010, s. 28.

39. A person wishing to purchase or lease land for commercial or industrial purposes must submit a written application to the Minister, along with a business plan for the person’s project and any other document or information that demonstrates the project’s socio-economic repercussions, repercussions in terms of sustainable development, and viability. The administration fees payable are those provided for in paragraph 1 of section 3 of Schedule I.

Despite the second paragraph of section 7, an application by a person whose business plan is deemed acceptable by the Minister has precedence over any subsequent application pertaining to the same land. However, the fact that a project is deemed acceptable does not oblige the Minister to sell or lease the land.

The contract of sale or lease of land may contain conditions, particularly as regards the investments to be made, land surveying, compliance with the business plan, as well as any related resolutory clause.

O.C. 231-89, s. 39; O.C. 705-2010, s. 28.

DIVISION VIII SPECIAL CONDITIONS APPLYING TO THE GRANTING OF CERTAIN TITLES

40. The Minister may sell land located in an abandoned Indian reserve for which a title was granted without right by the federal authority, to the assign of the holder of the title so granted.

The selling price of such land shall be the price fixed by the federal authority for the issue of the title where the price has not already been paid. Such a sale is not subject to the payment of the administration fees provided for in section 5.

O.C. 231-89, s. 40; O.C. 705-2010, s. 29.

41. (Revoked).

O.C. 231-89, s. 41; O.C. 705-2010, s. 30.

42. (Revoked).

O.C. 231-89, s. 42; O.C. 705-2010, s. 30.

DIVISION IX CONDITIONS APPLYING TO THE GRANTING OF CERTAIN OTHER RIGHTS

§ 1 . — Exchanges

43. The Minister may by notarial deed exchange land in the domain of the State for land in the private domain, with payment of any adjustment due.

O.C. 231-89, s. 43.

44. The fees for the notarial deed and the administration fees mentioned in section 5 are to be borne by the person who proposed the exchange.

O.C. 231-89, s. 44; O.C. 705-2010, s. 31.

§ 2 . — Servitudes

45. The Minister may by notarial deed agree to establish a servitude on a parcel of land, in consideration of an amount equivalent to that of the reduction in the market value of the land resulting from establishment of the servitude, or where the land is located outside the boundaries of a local municipality, at the substitution price mentioned in section 16 of Schedule I.

The price of a servitude may not be less than the substitution price mentioned in section 16 of Schedule I.

O.C. 231-89, s. 45.

§ 3 . — Authorizations

O.C. 231-89, sd. 3, Div. IX; O.C. 705-2010, s. 32.

46. The Minister may authorize the construction of a road other than a mining road or a road in the forest, a parking, a rest area without service or an access road making possible the launching of a boat. The authorization may not exceed 1 year.

O.C. 231-89, s. 46; O.C. 705-2010, s. 32.

46.1. The Minister may authorize the installation of piping, a telecommunication line or a power distribution line. The administration fees payable are those set out in paragraph 1 of section 3 of Schedule I. The authorization may not exceed 1 year.

O.C. 705-2010, s. 32.

46.2. The Minister may authorize the construction, layout, maintenance and operation of a recreational trail for a maximum period of 10 years. The administration fees payable are those set out in paragraph 1 of section 3 of Schedule I. The authorization may be renewed.

O.C. 705-2010, s. 32.

DIVISION X MISCELLANEOUS AND TRANSITIONAL

47. (Obsolete, 90-01-01)

O.C. 231-89, s. 47.

48. Any person contravening any of sections 26 to 33 and 36.2 to 36.4 of the Regulation commits an offence.

O.C. 231-89, s. 48; O.C. 1252-2001, s. 5.

49. (Omitted).

O.C. 231-89, s. 49.

50. (Omitted).

O.C. 231-89, s. 50.

SCHEDULE I

(ss. 3, 5, 15, 19, 21, 22, 24, 25, 28.1, 28.4, 28.5, 34, 35, 35.1, 35.2, 36, 37, 39 and 45)

DIVISION I

ADMINISTRATION FEES

(1) A non-refundable administration fee of $25 shall be paid at the time a file is opened for the purchase or lease of a parcel of land, the granting of a right in land, a waiver of a restrictive clause appearing in letters patent or a deed of sale or a deed to amend such a clause or authorization granted under such a clause.

(2) The fees payable for the sale of a parcel of land shall be $300.

(3) The fees payable for the other transactions shall be as follows:

(1) $300 for the lease of a parcel of land, the signing of a new lease following a change of purpose of the leased land, an exchange of lands, the establishment of a servitude, a waiver of a restrictive clause or an amendment to it, a quittance or release, the Minister’s authorization to alienate, the examination of an application referred to in section 39 and for the authorization provided for in section 46.1 or 46.2;

(2) $100 for the signing of a new lease following the alienation of the buildings and facilities by the lessee or of the lessee’s rights in the lease, for an application from the lessee to have the leasing conditions changed for the same land and purposes, or for the renewal of a lease;

(3) $25 for registration for a drawing of lots;

(4) $700 for the sale or lease of land on which work has been carried out by the Minister for that purpose as part of a cottage development project.

No fees may be charged for a change of address or an amendment to the lease at the Minister’s request.

(4) (Revoked).

DIVISION II

PRICES OF SALE, LEASE OR GRANTING OF OTHER RIGHTS IN LAND IN THE DOMAIN OF THE STATE

(5) The substitution price mentioned in section 15 shall be $0.75 per square metre, with a minimum of $260.

(6) The minimum rent mentioned in section 19 shall be $400.

(7) The minimum rent mentioned in sections 21, 28.1, 28.4 and 35.2 is $260, except to lease land not exceeding 1,000 m2 as a complement or an accessory to a main use, in which case the minimum rent is $100.

(8) The annual substitution rent referred in section 22 shall be $0.06 per square metre up to 1 ha, with a minimum of $260; the annual rent for each additional hectare or part of a hectare shall be $80.

(9) The minimum rent mentioned in section 24 shall be $100.

(10) The annual rent mentioned in section 25 shall be $100, except for the Abitibi-Témiscamingue administrative region, as defined by Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1), where the annual rent is $150.

(11) The annual rent mentioned in section 34 shall be $260.

(12) The annual rent mentioned in section 35 shall be $0.009 per square metre.

(13) The rent mentioned in section 36 shall be $11 per month or part of a month, with a minimum of $50.

(14) (Revoked).

(15) (Revoked).

(16) The substitution price mentioned in section 45 shall be $0.03 per square metre with a minimum of $300 in all cases.

(17) For the purposes of section 28.1, the urban poles and reference values of land rated 100 according to the corresponding years are as follows:

                                  100-rated         100-rated        100-rated
                                  reference         reference        reference
                                   value on          value on         value on 
                                  1 October         1 October        1 October
Urban poles                         2010              2011             2012

Municipalité de Chénéville        $13,300           $15,200          $17,000

Municipalité de Fort-Coulonge      $8,400           $11,200          $14,000

Municipalité de La Pêche          $12,000           $16,000          $20,000

Municipalité de Saint-Alexis-     $11,700           $17,500          $23,200
des-Monts

Municipalité de Sainte-Thècle     $10,700           $15,300          $20,000

Municipalité de Saint-Michel-      $6,700            $7,900           $9,000
des-Saints

Municipalité de Val-des-Monts     $24,700           $28,300          $32,000

Municipalité des Îles-de-          $7,800           $11,400          $15,000
la-Madeleine

Municipalité Les Escoumins         $3,200$           $3,600           $4,000

Ville d’Alma                       $5,300            $6,200           $7,200

Ville d’Amos                       $6,000            $8,000          $10,000

Ville d’Amqui                      $4,100            $5,300           $6, 400

Ville de Baie-Comeau               $4,100            $5,100           $6,000

Ville de Cabano                    $7,300           $10,500          $13,800

Ville de Carleton                  $2,600            $3,000           $3,400

Ville de Chandler                  $3,700            $4,300           $5,000

Ville de Chibougamau               $4,900            $5,900           $7,000

Ville de Forestville               $2,900            $3,400           $4,000

Ville de Gaspé                     $3,700            $4,300           $5,000

Ville de La Malbaie                $6,700            $7,900           $9,000

Ville de La Pocatière              $6,000            $7,200           $8,400

Ville de La Sarre                  $4,800            $6,400           $8,000

Ville de La Tuque                  $9,000           $13,000          $17,000

Ville de Maniwaki                 $11,000           $15,800          $20,700

Ville de Matagami                  $3,600            $3,800           $4,000

Ville de Matane                    $6,000            $7,000           $8,000

Ville de Mont-Laurier              $7,400           $10,000          $12,600

Ville de Montmagny                $12,000           $13,000          $14,000

Ville de Paspébiac                 $1,500            $1,800           $2,000

Ville de Port-Cartier              $2,100            $2,300           $2,400

Ville de Rimouski                  $6,100            $7,100           $8,000

Ville de Rivière-du-Loup           $8,300           $10,900          $13,600

Ville de Rivière-Rouge             $9,000           $11,500          $14,000

Ville de Roberval                  $5,300            $6,200           $7,200

Ville de Rouyn-Noranda             $6,100            $7,600           $9,000

Ville de Saguenay                  $5,900            $6,900           $8,000
(sector Chicoutimi)

Ville de Saguenay                  $5,700            $6,900           $8,000
(sector La Baie)

Ville de Saint-Félicien            $5,100            $6,200           $7,200

Ville de Saint-Georges             $7,300            $8,100           $9,000

Ville de Saint-Raymond             $8,100           $10,100          $12,000

Ville de Senneterre                $5,900            $7,700           $9,600

Ville de Sept-Îles                 $1,900            $2,100           $2,400

Ville de Saint-Côme                $7,300            $9,700          $12,000

Ville de Saint-Donat              $14,300           $17,500          $20,800

Ville de Sainte-Anne-des-Monts     $2,500            $2,800           $3,000

Ville de Saint-Jovite             $13,300           $15,700          $18,000

Ville de Témiscaming               $5,500            $6,800           $8,000

Ville de Val-d’Or                  $7,100            $9,500          $12,000

Ville de Ville-Marie               $4,900            $5,700           $6,400
                

O.C. 231-89, Sch. I; O.C. 308-99, s. 2; O.C. 1252-2001, ss. 6 and 7; O.C. 440-2003; O.C. 705-2010, s. 33 to 48.

TRANSITIONAL

2010

(O.C. 705-2010) SECTION 49. For the purposes of applying the conservation plan of a biodiversity reserve or aquatic reserve, proposed or having permanent protection status, approved in accordance with the Natural Heritage Conservation Act (chapter C-61.01) before 1 October 2010, the replacement of the third paragraph of section 25 introduced by section 16 of this Regulation is not amendment to the conditions of a lease entered into for the construction of a rough shelter in the forest renewed as of that date.

REFERENCES

O.C. 231-89, 1989 G.O. 2, 1483

O.C. 308-99, 1999 G.O. 2, 400

O.C. 1252-2001, 2001 G.O. 2, 5817

O.C. 440-2003, 2003 G.O. 2, 1362

S.Q. 2006, c. 40, s. 11

O.C. 705-2010, 2010 G.O. 2, 2525