An Act respecting agricultural lands in the domain of the State


Published: 2015-11-01

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chapter T-7.1

An Act respecting agricultural lands in the domain of the State

This Act was formerly entitled: “An Act respecting public agricultural lands”. The title was replaced by section 1 of chapter 84 of the statutes of 1987.

1987, c. 84, s. 1; 1999, c. 40, s. 316.

CHAPTER I 

DIVISION I 
SCOPE

“ungranted land”.

1. This Act applies to any agricultural land in the domain of the State, hereinafter referred to as “ungranted land”, that, according to the register contemplated in section 4,

 (1) was not under concession on 30 June 1984 and was subject to the Colonization Land Sales Act (chapter T-8) or was leased out by the Minister pursuant to that Act;

 (2) has been acquired pursuant to section 7;

 (3) is subject to this Act pursuant to section 8;

 (4) is land under concession that was the subject of a cancellation in accordance with section 35;

 (5) is placed under the authority of the Minister after 1 July 1984 pursuant to section 23 of the Lands and Forests Act (chapter T-9) or after 27 May 1987, under section 6 of the Act respecting the lands in the domain of the State (chapter T-8.1);

 (6) was repurchased pursuant to the Act for the acquiring of certain lands for colonization purposes (1935, chapter 37), the Act to strengthen the colonization movement by the extension and the consolidation of existing parishes (1938, chapter 43), the Act respecting the Department of Colonization (Revised Statutes of Québec, 1941, chapter 103), the Act to Promote Colonization and the Return to the Land (Revised Statutes of Québec, 1941, chapter 105) or any other Act respecting repurchase of land and that, on 1 July 1984, was not under concession or the concession of which was cancelled before that date.

1982, c. 13, s. 1; 1987, c. 23, s. 89; 1987, c. 84, s. 2; 1999, c. 40, s. 316.

“land under concession”.

2. This Act applies also to any agricultural land in the domain of the State, hereinafter referred to as “land under concession”, that, according to the register contemplated in section 4,

 (1) was, on 30 June 1984, granted land, subject to the Colonization Land Sales Act (chapter T-8), for which letters patent had not been issued;

 (2) was, on 30 June 1984, land repurchased pursuant to an Act referred to in paragraph 6 of section 1 and granted pursuant to the Colonization Land Sales Act, for which letters patent were not issued or notarial title was not granted;

 (3) forms part of an Indian reserve disappropriated as such and having been the subject of a title granted without right by federal authority;

 (4) was granted by James Crawford prior to the date of coming into force of the Act for the disposal of Public Lands (Provincial Statutes of Canada, 1841, chapter 100);

 (5) was granted under the Act respecting the Settlement on Crown Lands of Soldiers who have served in the war of 1914-1918 (Revised Statutes of Québec, 1941, chapter 109);

 (6) was granted under the Act to encourage Canadians in the United States, European Immigrants and inhabitants of the Province, to establish themselves upon the Wild Lands of the Crown (1874-75, chapter III);

 (7) was granted under any other Act respecting colonization or agriculture.

Exception.

This section does not apply to land for which letters patent have taken effect.

1982, c. 13, s. 2; 1987, c. 84, s. 3; 1999, c. 40, s. 316.

DIVISION II 
ADMINISTRATION

Minister.

3. The Minister of Agriculture, Fisheries and Food is responsible for the administration of agricultural lands in the domain of the State.

1982, c. 13, s. 3; 1987, c. 84, s. 4; 1999, c. 40, s. 316.

Rights, powers and obligations.

3.1. The Minister has in respect of any ungranted land within his jurisdiction all the rights, powers and obligations inherent in the right of ownership.

1987, c. 84, s. 5.

Registration.

4. The Minister shall register summarily in the register of rights granted on public lands under his authority or in such other register as he may designate, every acquisition made, alienation effected, lease, servitude or any other right granted or cancellation ordered by him under this Act.

Medium and data.

He may use any medium, whether mechanized or not, he considers appropriate, for the entry, deposit, preservation, processing and reproduction of or access to data entered in the register and any documents related thereto.

1982, c. 13, s. 4; 1987, c. 84, s. 6.

Duties.

5. The Minister may in the cases determined by regulation exempt a person from the payment of the duties fixed by regulation for preparing documents and for making any registration required under this Act.

1982, c. 13, s. 5; 1987, c. 68, s. 118.

Felling of trees.

6. No person may cut timber on ungranted land or on land under concession unless he is authorized to do so by the Minister, subject to paragraph 3 of section 47, or if he fails to meet the conditions and to pay the duties prescribed by regulation.

1982, c. 13, s. 6.

Acquisition of land by the Government.

7. The Minister may with the authorization of the Government acquire by agreement, exchange, or expropriate land to make it subject to the provisions of this Act that are applicable to ungranted land if he considers the acquisition, exchange or expropriation to be in the interests of agriculture, fisheries or food supply.

1982, c. 13, s. 7; 1987, c. 84, s. 7.

Application of the Act.

8. The Minister may by notice make subject to this Act any land put under his authority pursuant to another Act. He may also exempt any ungranted land from the application of this Act to make it subject to another Act under his administration.

1982, c. 13, s. 8.

CHAPTER II 
RULES APPLICABLE TO UNGRANTED LANDS

DIVISION I 
ALIENATION AND LEASING

Alienation or leasing.

9. The Minister may alienate or lease out any ungranted land for such purposes as he may consider to be in the interests of agriculture, fisheries or food supply.

Occupant without right.

He may also alienate to the person occupying without right, on 1 July 1984, or to the transferee, where such is the case, an ungranted land or land which became so from that date.

Price and conditions.

The Government shall by regulation determine the price and conditions of alienation or leasing for each category of land and each category of acquirers or lessees that it determines.

Exemption.

The Minister may in the cases provided for by regulation exempt a person from the payment of the price of alienation of ungranted land.

1982, c. 13, s. 9; 1987, c. 84, s. 8.

Provisions not applicable.

9.1. Sections 28 and 29 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) apply neither to the alienation of ungranted land nor to a servitude or a right granted in accordance with section 11 of this Act.

1987, c. 84, s. 9; 1996, c. 26, s. 85.

Notarial deed.

10. Alienation is made by notarial deed en minute or by the issue of letters patent.

Notarial deed.

Leasing is made by notarial deed en minute or by private deed.

1982, c. 13, s. 10.

Servitudes.

11. The Minister, on such conditions as he may determine and if he considers it appropriate, may grant a servitude or right on ungranted land.

1982, c. 13, s. 11.

Notarial deed.

12. The Minister grants a servitude or right by notarial deed en minute, private deed or the issue of letters patent.

1982, c. 13, s. 12.

Acts made in respect of ungranted land.

12.1. Juridical acts creating servitudes, hypothecs, charges or similar provisions made in respect of ungranted land by or against the beneficiary of the letters patent or his predecessors cannot be invalidated on the sole ground that they were made in respect of ungranted land if the latter was alienated in accordance with the second paragraph of section 9.

Applicability.

The first paragraph applies, in respect of ungranted land, only to the land designated in the letters patent.

1987, c. 84, s. 10.

Ungranted lands.

13. Section 46 of the Act respecting the lands in the domain of the State (chapter T-8.1) applies to ungranted lands.

1982, c. 13, s. 13; 1987, c. 23, s. 90; 1999, c. 40, s. 316.

DIVISION II 
CANCELLATION OF LEASES

Cancellation.

14. The Minister may cancel a lease of ungranted land at any time where the lessee contravenes this Act or a regulation thereunder or does not observe the conditions of the lease.

Fraud.

The Minister may also cancel a lease if it was granted in error or through fraud or if the lessee renounces it, cannot be found or has deceased without leaving any heir able to meet the leasing conditions prescribed by regulation.

1982, c. 13, s. 14; 1987, c. 84, s. 11.

Notice.

15. The Minister shall send notice of his intention to cancel the lease to the lessee by registered or certified mail, not later than thirty days before the cancellation. The notice is sent to the last address known to the department.

Posting.

Where he wishes to order a cancellation for the sole reason that the lessee cannot be found or has deceased, he shall cause a notice of his intention to order the cancellation to be posted on a public immovable situated near the land; the notice must reproduce section 16 and be posted not later than thirty days before the date of the cancellation.

1982, c. 13, s. 15; 1987, c. 84, s. 12.

Opposition.

16. Any person wishing to oppose the cancellation of a lease shall make his opposition known to the Minister within thirty days of the date of receipt or posting of the notice.

Opposition.

Opposition to the cancellation must be in writing and be substantiated.

1982, c. 13, s. 16; 1987, c. 84, s. 13.

17. (Repealed).

1982, c. 13, s. 17; 1987, c. 84, s. 14.

Confiscation.

18. Amounts paid to the Minister concerning the leased land and improvements made to the land are confiscated by the Minister from the cancellation.

Indemnity.

If the Minister considers it appropriate, he may pay an indemnity as a refund of any amount paid.

1982, c. 13, s. 18.

Eviction.

19. If, after the cancellation of the lease by the Minister, the lessee refuses to leave the land, the Attorney General may, by a petition duly served on the lessee with a notice of not less than ten clear days of the date of its presentation, apply to the court having jurisdiction in the judicial district in which the land is situated for an order in the nature of a writ of possession.

Decision.

The petition is heard and decided by preference.

1982, c. 13, s. 19.

Order of eviction.

20. On proof that the lease has been cancelled and that the lessee is wrongly in possession of the land, the judge may, if he is satisfied that the cancellation was made for good and valid reason, grant order on the lessee to leave the land and deliver up possession of it to the Minister.

Execution.

The order has the same effect as a writ of possession and the sheriff or any bailiff or person to whom the order may be entrusted by the Minister for execution must execute it in the manner provided for a writ of execution in an action for ejectment or in a possessory action.

1982, c. 13, s. 20; 1986, c. 95, s. 318.

Domain of the State.

21. Thirty days after the expiry of the period for execution, all constructions and improvements made on the land described in the order as well as any movable property found on it form part of the domain of the State, without indemnity and the Minister may take possession and dispose thereof in the manner he considers appropriate.

1982, c. 13, s. 21; 1987, c. 84, s. 15; 1999, c. 40, s. 316.

Summary matters.

22. The proceedings contemplated in sections 19 and 20 are deemed summary matters and the costs are those of a first class action in the Court of Québec.

1982, c. 13, s. 22; 1988, c. 21, s. 66.

Unlawful occupants.

23. Sections 19 to 22 apply with the necessary modifications to every person who occupies ungranted land contrary to this Act or the regulations.

1982, c. 13, s. 23.

DIVISION III 
LETTERS PATENT

Force of letters patent.

24. Letters patent granted over the signature of the Minister or of a civil servant authorized by regulation have the same force as if they had been signed by the Lieutenant-Governor and countersigned and granted by the Attorney General under the Great Seal.

Registration.

The Minister shall summarily register the letters patent in the register contemplated in section 4.

1982, c. 13, s. 24.

Registration.

25. Letters patent must be registered by the Minister of Justice in accordance with Division III of the Act respecting the Ministère de la Justice (chapter M-19).

Copy.

The Minister may give copy or furnish a certificate of the registration in accordance with the said division.

Applicability.

The first and second paragraphs do not apply to any letters patent issued pursuant to Division IV of Chapter III.

1982, c. 13, s. 25; 1987, c. 84, s. 16.

Issue of corrected letters patent.

26. The Minister may, except in case of opposition by a third party vested with rights on the land contemplated, cancel defective letters patent and issue corrected letters patent bearing the date of those cancelled, if they have been issued to a person not entitled to them or if they contain an error concerning the area or designation of the land contemplated, a mistake in the beneficiary's name or any other clerical error.

Correction.

However, if a required correction can be made in the letters patent without cancelling them, the Minister may make it and give notice of it and, where required, to the registrar of Québec to have an entry of it made in the margin of the document so corrected.

1982, c. 13, s. 26; 1987, c. 84, s. 17; 2000, c. 42, s. 227.

Notice to the registrar.

27. The Minister shall notify the registrar of Québec of any cancellation of letters patent pursuant to Title V of Book V of the Code of Civil Procedure (chapter C-25).

1982, c. 13, s. 27; 2000, c. 42, s. 228.

CHAPTER III 
RULES APPLICABLE TO LANDS UNDER CONCESSION

DIVISION I 
RIGHTS AND OBLIGATIONS OF GRANTEES

Validity of concession.

28. Agricultural land in the domain of the State contemplated in section 2 remains under concession until such time as the letters patent take effect in accordance with Division IV or the Minister cancels the grant.

Rights and obligations of grantees.

The person whose name is entered as grantee in the register contemplated in section 4 has the rights and obligations of an owner.

Exercise.

He shall exercise those rights in accordance with this Act until letters patent take effect.

1982, c. 13, s. 28; 1987, c. 84, s. 18; 1999, c. 40, s. 316.

29. (Repealed).

1982, c. 13, s. 29; 1987, c. 84, s. 19.

30. (Repealed).

1982, c. 13, s. 30; 1987, c. 84, s. 19.

Granting of rights.

30.1. The grantee of land or his successors may grant any right respecting that land.

Restriction.

Notwithstanding the first paragraph, those rights are inoperative until such time as the letters patent take effect in respect of the land in accordance with Division IV.

Transfers of ownership.

The second paragraph does not affect transfers of ownership.

1987, c. 84, s. 20; 1999, c. 40, s. 316.

Validity of acts.

30.2. Juridical acts creating servitudes, hypothecs, charges or similar provisions made by or against the person named in the letters patent or his predecessors cannot be invalidated on the sole ground that they were made notwithstanding the restrictions or prohibitions provided by this Act before 18 December 1987 or any other Act respecting colonization.

Applicability.

The first paragraph applies only in respect of land for which letters patent have effect in accordance with Division IV or land for which letters patent were issued before 18 December 1987.

Applicability.

The first and second paragraphs apply, in respect of land under concession, only to the land designated in the letters patent.

1987, c. 84, s. 20.

DIVISION II 
Repealed, 1987, c. 84, s. 21.
1987, c. 84, s. 21.

31. (Repealed).

1982, c. 13, s. 31; 1987, c. 84, s. 21.

32. (Repealed).

1982, c. 13, s. 32; 1987, c. 84, s. 21.

33. (Repealed).

1982, c. 13, s. 33; 1987, c. 84, s. 21.

34. (Repealed).

1982, c. 13, s. 34; 1987, c. 84, s. 21.

DIVISION III 
CANCELLATION OF CONCESSIONS

Cancellation of grant.

35. The Minister may cancel any grant of land

 (1) where the grantee contravenes a provision of this Act or of the regulations thereunder;

 (2) where the grant was made unlawfully, in error or as the result of fraud;

 (3) where the grantee renounces his concession, cannot be found or has deceased without leaving any heir whom the Minister can identify;

 (4) where he does not possess the necessary information or documents to enable him to make the identification provided for in section 43.3;

 (5) where the costs incurred in accordance with sections 43.4 and 43.5 are not paid.

Registration.

The Minister shall enter the cancellation summarily in the register contemplated in section 4.

1982, c. 13, s. 35; 1987, c. 84, s. 22.

Applicability.

36. Sections 15 to 22 apply to a cancellation made pursuant to section 35, with the necessary modifications.

1982, c. 13, s. 36.

Effects of cancellation.

37. Cancellation does not affect a servitude or right granted in accordance with this Act before 18 December 1987 and does not prevent the application of the Mining Act (chapter M-13.1).

1982, c. 13, s. 37; 1987, c. 84, s. 23; 1987, c. 64, s. 344.

Cancellation rescinded.

38. If the cancellation of a grant of colonization land ordered pursuant to the Colonization Land Sales Act (chapter T-8) was rescinded before 1 July 1984, it is deemed never to have had effect.

1982, c. 13, s. 38.

Cancellation of concession.

39. Land under concession that is subject to a cancellation pursuant to section 35 becomes subject to the provisions of this Act that are applicable to ungranted land.

1982, c. 13, s. 39.

Notice to the secretary-treasurer.

40. The Minister shall notify the secretary-treasurer of the regional county municipality of any cancellation of a grant of land situated in the territory of the municipality.

1982, c. 13, s. 40; 1996, c. 2, s. 955.

DIVISION IV 
ISSUE AND PUBLICATION OF LETTERS PATENT
1987, c. 84, s. 24; 1999, c. 40, s. 316.

41. (Repealed).

1982, c. 13, s. 41; 1987, c. 84, s. 25.

42. (Repealed).

1982, c. 13, s. 42; 1987, c. 84, s. 25.

43. (Repealed).

1982, c. 13, s. 43; 1987, c. 84, s. 25.

Transfers of land under concession.

43.1. The Minister may, without costs other than those prescribed by this division and, where such is the case, paragraph 5.1 of section 47, by registration of letters patent at the registry office, transfer any land under concession designated by him to the person identified in the letters patent.

Effect of transfer.

The transfer shall have effect from the date of the grant.

1987, c. 84, s. 26; 2000, c. 42, s. 229.

Contents of letters patent.

43.2. The letters patent filed for registration shall indicate, in respect of each parcel of land, the following information:

 (1) the name of the original grantee and the date and number of the grant except where that information is not available in the register referred to in section 4;

 (2) the name of the grantee identified and the date of the identification;

 (3) the corresponding cadastral designation, except in the case of land without cadastral survey;

 (4) an indication of the existence of any amount still owing to the Minister pursuant to sections 43.4 and 43.5, where such is the case.

List attached.

The information may be contained in a list attached to the letters patent.

1987, c. 84, s. 26.

Identification of the grantee.

43.3. On proof that he considers sufficient, the Minister shall identify in the letters patent the person he considers to be the grantee on a particular date.

Owner.

The person identified in the letters patent or his successors, as the case may be, shall be recognized as the owner on that date.

Applicability.

The second paragraph applies, where such is the case, to a person having rights deriving from the opening of a community of property or a partnership of acquests to which the identified person was a party.

Copy to grantee.

The Minister shall send a copy of the letters patent or an extract therefrom to the person identified therein.

1987, c. 84, s. 26; 1999, c. 40, s. 316.

Documents and information.

43.4. The Minister may require any holder or occupant of a land under concession to send him, within the time fixed by him, any documents and information necessary for the designation and identification referred to in sections 43.1 and 43.3.

Failure to produce documents.

Where the holder or occupant of the land fails to send the documents or information within the time fixed by the Minister, the latter may prepare or obtain them at the expense of the holder or occupant concerned.

1987, c. 84, s. 26.

Drawing-up of plans.

43.5. Where land-surveying or cadastral documents must be prepared for the designation referred to in section 43.1, the Minister may cause plans to be drawn up in respect of any land designated by him, at the expense of the occupants concerned.

Filing of plans.

The plans shall be signed and filed by the Minister in the office of the secretary-treasurer or the clerk of the local municipality having jurisdiction in the territory.

1987, c. 84, s. 26; 1996, c. 2, s. 956.

Notice to occupants.

43.6. The Minister shall notify the occupants in writing at their last known address of his intention to identify them as grantees in accordance with the plans filed.

Representations.

Within twenty-one days of the sending of the notice, any occupant interested may consult the plans and make representations to the Minister.

Identification of occupants.

At the expiry of the period prescribed in the second paragraph and after the coming into force of the plans according to law, the Minister shall identify the persons mentioned as occupants of any lands in respect of which he has not received written objections giving reasons.

1987, c. 84, s. 26.

Written objection.

43.7. Where a written objection from an interested occupant is received within the prescribed twenty-one days, the Minister shall examine the reasons therefor and, where necessary, attempt to conciliate the parties to achieve agreement as to the rights of each party; in the case of disagreement, the plans so drawn up and taking into account the occupancy of the premises prevail over the titles of the occupant as regards the transfer.

Identification of grantee.

Where the Minister fails to conciliate the parties and the objecting party or any assign of that party has not exercised his recourses during the three months following the expiry of the prescribed period determined for filing his objection by filing an application before the court impleading the Minister, the party or assign shall be deprived of his claims in respect of the land and the Minister may proceed to the identification of the grantee.

1987, c. 84, s. 26.

Registration of a statement by the Minister.

43.8. The Minister may at any time cause to be registered at the registry office a statement to the effect that he does not have the information or documents required to proceed to the transfer of a land under concession.

Effect of registration.

Any registration in respect of the said land is without effect until such time as letters patent are registered in accordance with section 43.1.

1987, c. 84, s. 26; 2000, c. 42, s. 230.

Registration of a certificate of payment.

43.9. Where the letters patent indicate that an amount is payable to the Minister, the land is deemed to have been transferred on the date of registration of the letters patent only on condition that the Minister registers a certificate of payment of the costs.

Effect of registration.

After registration of the letters patent and until such time as the certificate is registered, any registration entered against the land is without effect.

1987, c. 84, s. 26.

Rectification of letters patent.

44. Division III of Chapter II applies to this division and the power of the Minister to rectify letters patent extends to those issued for colonization purposes or for any other purpose deemed to be in the interests of agriculture and colonization before 19 March 1921 and to letters patent issued under the Colonization Land Sales Act (chapter T-8) or this Act before 18 December 1987.

1982, c. 13, s. 44; 1987, c. 84, s. 27.

Interpretation.

44.1. Any transaction allowing for the issue of letters patent in accordance with this division is not an alienation or a subdivision referred to in sections 28 and 29 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

1987, c. 84, s. 28; 1996, c. 26, s. 85.

Land required for public purposes.

44.2. Where land under concession is required for public purposes, the transfer of ownership in favour of the transferee or expropriating party shall be validly carried out from the date of the acquisition or expropriation made in accordance with any Act respecting expropriation that is applicable in Québec.

Acquisition or expropriation.

The acquired or expropriated property shall cease to be under concession or under the Minister's supervision from the date of acquisition or expropriation, without other formality.

Applicability.

This section applies to the acquisition or expropriation of both immovables and immovable real rights; it also applies to any other accessory land acquired or expropriated in accordance with the first paragraph.

1987, c. 84, s. 28.

Presumption.

44.3. Although letters patent issued in respect of land under concession do not indicate any part of land acquired or expropriated for public purposes, they are deemed to concern only the residual parts of the land that have not been acquired or expropriated in accordance with section 44.2.

1987, c. 84, s. 28.

Rights and obligations of beneficiary.

44.4. In the case of an expropriation, the beneficiary of the letters patent, or his predecessor or successors, as the case may be, shall have all the rights and obligations of an expropriated party within the meaning of any Act respecting expropriation that is applicable in Québec.

1987, c. 84, s. 28; 1999, c. 40, s. 316.

Public road.

44.5. The issue of letters patent does not entail the transfer of ownership of any public road on land under concession to the beneficiary thereof, whether or not the road is mentioned in the deed of concession.

1987, c. 84, s. 28.

DIVISION V 
MISCELLANEOUS PROVISIONS

Granted lands.

45. Section 46 of the Act respecting the lands in the domain of the State (chapter T-8.1) applies to lands granted after 15 February 1924.

1982, c. 13, s. 45; 1987, c. 23, s. 91; 1999, c. 40, s. 316.

Permit.

45.1. No permit authorizing a cadastral operation may be refused in respect of any land under the authority of the Minister on the sole ground that the location, the area or the size of the land does not meet the requirements of an Act, an interim control by-law or a subdivision by-law.

Applicability.

The first paragraph applies to the alienation of ungranted land made in accordance with the second paragraph of section 9 and to the transfer of granted land made in accordance with Division IV of Chapter III.

1987, c. 84, s. 29.

Correction of error.

46. The Minister may correct a deed of concession of land if the deed contains an error in the area or designation of the land granted, an error in the name of the grantee or any other clerical error.

Effect of correction.

The correction has effect from the date of the original deed of concession.

1982, c. 13, s. 46; 1987, c. 84, s. 30.

CHAPTER IV 
REGULATIONS

Regulations.

47. The Government may, by regulation,

 (1) prescribe criteria for classification of ungranted lands, purchasers or lessees and prescribe, for each class, conditions and prices of lease or alienation, which may vary within a class;

 (2) determine the cases where the Minister may exempt a person from the payment of the price of ungranted land;

 (3) determine the conditions and, where applicable, the rights relating to the cutting of timber or ungranted land or on land under concession and the cases where the authorization of the Minister is not required;

 (4) establish tariffs of fees for the preparation of documents and for any registration required under this Act and determine the cases of exemption from payment of such fees;

 (5) authorize a civil servant to sign letters patent or any other document related to lands under the jurisdiction of the Minister or for the administration of this Act;

 (5.1) determine in what cases, on what conditions, of whom and for what services the Minister may exact a fee for the designation and identification provided for in Division IV of Chapter III;

 (6) prescribe any transitional measure calculated to permit the application of this Act.

1982, c. 13, s. 47; 1987, c. 84, s. 31; 1987, c. 68, s. 119.

Coming into force.

48. Regulations come into force on the date of their publication in the Gazette officielle du Québec or on any later date indicated in the regulations.

1982, c. 13, s. 48.

CHAPTER V 
PENAL PROVISIONS

Offence.

49. Every person who occupies ungranted land or enters, stays or erects a structure on such land otherwise than in the exercise of a right conferred or duty imposed by law is guilty of an offence.

1982, c. 13, s. 49.

Offence.

50. Every person who cuts timber on ungranted land or on land under concession in contravention of this Act or a regulation is guilty of an offence.

1982, c. 13, s. 50.

Penalties.

51. Every person who is guilty of an offence contemplated in this division is liable,

 (1) for a first offence, to a fine of not less than $125 nor more than $1,225 in the case of a natural person, or in the case of a legal person, to a fine of not less than $625 nor more than $6,075;

 (2) for any subsequent offence, to a fine of not less than $250 nor more than $2,450 in the case of a natural person, or in the case of a legal person, to a fine of not less than $1,225 nor more than $12,150.

1982, c. 13, s. 51; 1990, c. 4, s. 852; 1991, c. 33, s. 138; 1999, c. 40, s. 316.

52. (Repealed).

1982, c. 13, s. 52; 1990, c. 4, s. 853; 1992, c. 61, s. 600.

CHAPTER VI 
TRANSITIONAL AND FINAL PROVISIONS

Existing leases.

53. Any lease relating to an ungranted land granted under a former Act and existing on 1 July 1984 remains valid for the term for which it was granted and the holder of the lease shall exercise the rights arising from it, in accordance with Chapter II.

1982, c. 13, s. 53.

Existing regulation.

54. Every regulation, order in council or order made under the Colonization Land Sales Act (chapter T-8) continues to be in force until it is repealed or replaced.

1982, c. 13, s. 54.

Validity of letters patent.

55. Letters patent issued before 1 July 1984 under the Colonization Land Sales Act (chapter T-8) and those for which the authority of the Minister has been substituted for that of the Minister of Natural Resources under section 55 of the said Act are hereby declared valid.

Cutting of timber.

The conditions relating to the cutting of timber which are entered in the letters patent are deemed to have never existed.

Ground for cancellation.

In no case may the letters patent be cancelled except by reason of fraud or to be replaced in accordance with section 44.

Effect.

The letters patent have effect in favour of their beneficiaries from the date of the grant.

Pending cases.

This section applies to pending cases.

1982, c. 13, s. 55; 1987, c. 84, s. 32; 1994, c. 13, s. 15.

Indian reserves.

55.1. Any transfer of land under concession forming part of an Indian reserve disappropriated as such and having been the subject of a title granted without right by federal authority, where it is carried out in accordance with Division IV of Chapter III, shall have effect from the date of the granted title.

1987, c. 84, s. 33.

Grant of land by James Crawford.

55.2. Any transfer of land under concession conceded by James Crawford prior to the date of the coming into force of the Act for the disposal of Public Lands, where it is carried out in accordance with Division IV of Chapter III, shall have effect from the date of the grant of the land by James Crawford.

1987, c. 84, s. 33.

Religious premises and burial grounds.

56. Every beneficiary of letters patent granted by the Government and concerning reserved land appropriated for religious premises and burial grounds in accordance with section 62 of the Colonization Land Sales Act (chapter T-8) may alienate the land for any purpose without the authorization of the Minister.

Unauthorized alienations.

Every alienation made without the authorization provided for in section 62 of the said Act is hereby approved.

1982, c. 13, s. 56.

Land subject to claim.

56.1. No public land which is subject to a claim may be sold for agricultural purposes except on conditions deemed reasonable by the Minister of Natural Resources and Wildlife and the Minister of Agriculture, Fisheries and Food.

1987, c. 64, s. 339; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

Cancellation of balance payable.

56.2. Any balance still payable to the Minister on the price of the grant and which may still be related to land under concession shall be cancelled from 18 December 1987.

1987, c. 84, s. 34.

57. (Omitted).

1982, c. 13, s. 57.

58. (Amendment integrated into c. M-14, ss. 2, 16).

1982, c. 13, s. 58.

59. (Amendment integrated into c. M-14, s. 2).

1982, c. 13, s. 59.

60. (Omitted).

1982, c. 13, s. 60.

61. (Amendment integrated into c. M-14, s. 14.1).

1982, c. 13, s. 61.

62. (Amendment integrated into c. M-14, s. 15).

1982, c. 13, s. 62.

63. (Amendment integrated into c. M-14, s. 15.1).

1982, c. 13, s. 63.

64. (Amendment integrated into c. M-14, s. 24).

1982, c. 13, s. 64.

65. (Omitted).

1982, c. 13, s. 65.

66. (Omitted).

1982, c. 13, s. 66.

67. (Omitted).

1982, c. 13, s. 67.

68. (Omitted).

1982, c. 13, s. 68.

69. (Amendment integrated into c. T-9).

1982, c. 13, s. 69.

70. (Amendment integrated into c. T-9, ss. 23, 24, 25).

1982, c. 13, s. 70.

71. (Omitted).

1982, c. 13, s. 71.

Minister.

72. The Minister of Agriculture, Fisheries and Food is entrusted with the application of this Act.

1982, c. 13, s. 72.

73. (Omitted).

1982, c. 13, s. 73.

74. (This section ceased to have effect on 1 July 1989).

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

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter T-9.1 of the Revised Statutes, in force on 1 March 1988, is repealed effective from the coming into force of chapter T-7.1 of the Revised Statutes.

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