T-8.1 - Act respecting the lands in the domain of the State

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Updated to 27 October 1999
This document has official status.
chapter T-8.1
Act respecting the lands in the domain of the State
1999, c. 40, s. 317.
CHAPTER I
APPLICATION
1. This Act applies to all lands that form part of the domain of the State, including the beds of watercourses and lakes and the parts of the bed of the St. Lawrence river and the Gulf of St. Lawrence belonging to Québec by right of sovereignty.
1987, c. 23, s. 1; 1999, c. 40, s. 317.
CHAPTER II
LAND MANAGEMENT
DIVISION I
AUTHORITY AND TRANSFERS
2. The Minister shall exercise, in respect of lands in the domain of the State that are under his authority, all the rights and powers inherent in the right of ownership.
1987, c. 23, s. 2; 1995, c. 20, s. 3; 1999, c. 40, s. 317.
3. All lands over which authority is not held by another minister or a public body by the effect of an Act, order in council, title of ownership, order or notice are under the authority of the Minister of Natural Resources.
1987, c. 23, s. 3; 1994, c. 13, s. 15; 1995, c. 20, s. 4.
4. For the purposes of this Act, public body means a body to which the Government or a minister appoints the majority of the members, whose personnel, by law, is appointed or remunerated in accordance with the Public Service Act (chapter F-3.1.1) or whose capital stock forms part of the domain of the State.
1987, c. 23, s. 4; 1999, c. 40, s. 317.
5. The Minister may, by agreement or exchange, acquire any immovable right for the benefit of the domain of the State.
With the authorization of the Government, he may also expropriate any immovable right for the benefit of the domain of the State where he considers the acquisition to be in the public interest.
1987, c. 23, s. 5; 1999, c. 40, s. 317.
6. The Minister may, by way of a notice, transfer authority over any land to another government minister, whereupon the latter minister shall have the duties and powers of the Minister under the law in respect of that land.
1987, c. 23, s. 6; 1995, c. 20, s. 5.
7. A minister or a public body holding authority over land by the effect of an Act, order in council, title of ownership, order or notice may, by notice, transfer authority over that land to the Minister where, in his or its judgment, the land is no longer suitable for the performance of the functions and powers with which he or it is vested by law.
1987, c. 23, s. 7; 1991, c. 52, s. 1; 1995, c. 20, s. 6.
8. The Minister may, by way of a notice, entrust the management of land under his authority or management to another minister, for the purposes and on the conditions set out in the notice.
1987, c. 23, s. 8; 1991, c. 52, s. 2; 1995, c. 20, s. 5.
9. Where any land is no longer required for the purposes for which its management was transferred, the minister to whom its management has been entrusted shall immediately return it by way of a notice to the Minister.
1987, c. 23, s. 9; 1991, c. 52, s. 3; 1995, c. 20, s. 5.
10. The Government may, for the purposes and on the conditions it determines, entrust the management of any land to a public body.
Where any such land is no longer suitable for the purposes set out in the order, the public body shall immediately return it to the Minister.
1987, c. 23, s. 10.
11. The Government may, on the conditions it determines, return any land contemplated in sections 6 to 10 to the Minister where in its judgment the land is no longer suitable for the purposes for which authority over it or management of it was assigned, transferred or entrusted to another minister or a public body.
1987, c. 23, s. 11.
12. A minister holding authority over any land may entrust the management thereof or grant other rights to the Government of Canada or one of its departments or agencies.
1987, c. 23, s. 12; 1995, c. 20, s. 7.
13. Transfers contemplated in sections 10 and 12 are subject to any applicable fees fixed by regulation of the Government.
1987, c. 23, s. 13.
13.1. Sections 7 and 9 and the second paragraph of section 10 also apply to transfers of authority or management effected before 27 May 1987.
1991, c. 52, s. 4.
13.2. Authority over any land extends to the buildings, movable property and improvements that are situated on the land and form part of the domain of the State, and may be included in transfers made under sections 6 to 12.
1995, c. 20, s. 8; 1999, c. 40, s. 317.
DIVISION I.1
DELEGATION OF MANAGEMENT
1995, c. 20, s. 8.
13.3. The Minister may, by agreement, delegate to a legal person the management of lands in the domain of the State and the buildings, improvements and movable property situated thereon, by entrusting it with the exercise of the powers vested in him by this Act and the regulations thereunder.
1995, c. 20, s. 8; 1999, c. 40, s. 317.
13.4. The agreement shall define the powers which are delegated to the legal person and fix all the conditions of exercise of the delegation, including the method of remuneration, if applicable.
1995, c. 20, s. 8.
13.5. The Minister may, in the agreement, determine the amount of management expenses he agrees to pay to the legal person, and authorize the legal person to withhold that amount from the sums collected in the exercise of the delegated powers.
1995, c. 20, s. 8.
13.6. For the purposes of this division, the legal person is deemed to be a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), and is subject to the provisions of that Act.
1995, c. 20, s. 8; 1999, c. 40, s. 317.
13.7. Nothing done by a legal person in exercising powers delegated under section 13.3 is binding on the Government.
1995, c. 20, s. 8.
DIVISION II
IDENTIFICATION OF LANDS
14. The Minister shall prepare and update a public catalogue in which all lands shall be identified and localized.
1987, c. 23, s. 14.
15. For the purposes of the preparation and updating of the catalogue, every minister and public body designated by the Minister shall inform the Minister, in the form determined by him, of the identification and localization of all lands under their authority that are not the subject of an order under section 6.
A minister or a public body shall inform the Minister in the same manner not later than 30 days after acquiring land for the benefit of the domain of the State or disposing of land.
1987, c. 23, s. 15; 1999, c. 40, s. 317.
16. The attestation of written information regarding the identification and localization of land entered in the catalogue referred to in section 14 is subject to payment of the research fee fixed by regulation of the Government.
1987, c. 23, s. 16.
17. Every land survey and every survey affecting the limits of any land must, on pain of nullity, be carried out in accordance with the instructions of the Minister.
Except where the survey is made by another minister, it must also have the prior authorization of the Minister.
1987, c. 23, s. 17.
17.1. Survey work is not considered to be a forest management activity within the meaning of section 3 of the Forest Act (chapter F-4.1).
1995, c. 20, s. 9.
18. A permit to effect a cadastral operation cannot be refused by a local municipality or a regional county municipality in respect of land under the authority of the Minister on the sole ground that, owing to the location, area or dimensions of the land, the requirements in these respects of an interim control by-law or a subdivision by-law cannot be met, if one or other of the following conditions is satisfied:
(1)  the cadastral operation will make it possible to grant a valid title of occupation to the occupant of land which, on 27 May 1987, is possessed without title or by precarious title;
(2)  the cadastral operation will make it possible to increase the area of land in the domain of the State or in the private domain to which a person has a valid title of occupation on 27 May 1987.
1987, c. 23, s. 18; 1995, c. 20, s. 10; 1999, c. 40, s. 317.
19. The Minister having authority over any land may, in conformity with the provisions of articles 3032, 3036 and 3037 of the Civil Code, publish a declaration in its respect stating that it forms part of the domain of the State.
Registration of the declaration in the land register is effected free of charge upon presentation of the declaration at the registry office of the registration division in which the land is situated.
1987, c. 23, s. 19; 1995, c. 20, s. 11; 1999, c. 40, s. 317.
20. After registration of a declaration under section 19, the Minister may effect any cadastral operation he deems expedient in respect of the land concerned.
The Minister must give at least 30 days’ notice of his intention to effect a cadastral operation to every person registered as owner, resident or hypothecary creditor.
The notice is given by certified mail at the last address appearing on the property assessment roll or, in the case of a creditor, in the register of addresses.
1987, c. 23, s. 20; 1992, c. 57, s. 700; 1999, c. 40, s. 317.
DIVISION III
LAND USE
21. The Minister, in cooperation with the government departments concerned, shall prepare a land use plan for any part of the domain of the State he determines.
The land use plan shall define and indicate sites and territorial units and determine their destination in accordance with the aims and orientations, in the areas of resource conservation and development and land use, that the Government and the departments concerned are pursuing or following or intend to pursue or follow in respect of those lands.
The land use plan may be amended by the Minister in the same manner as it is prepared.
1987, c. 23, s. 21; 1999, c. 40, s. 317.
22. The plan must be approved by the Government.
1987, c. 23, s. 22.
23. Where the land use plan pertains to land included in the territory of a regional county municipality, the Minister of Municipal Affairs and Greater Montréal shall transmit the proposed plan to the council of the municipality as part of the process of preparation or review of the development plan provided for in the Act respecting land use planning and development (chapter A-19.1).
The plan may be submitted to the Government for approval after the expiry of 90 days from the date of adoption of the development plan if no application to amend it has been made to the municipality or if no application for amendment regards the use of lands in the domain of the State.
If an application for amendment regards the use of lands in the domain of the State, the plan may be submitted for approval to the Government after the coming into force of the amended development plan or, if the municipality does not follow up the application, after the expiry of 90 days from its date of transmission.
This section also applies, with the necessary modifications to a land use plan respecting lands comprised in the territory of an urban community.
1987, c. 23, s. 23; 1990, c. 85, s. 122; 1999, c. 40, s. 317; 1999, c. 43, s. 13.
24. Where the land use plan respects lands comprised in one of the territories referred to in paragraphs 1 to 4, the Minister of Municipal Affairs and Greater Montréal, to ensure that the activities, rights and interests of the various communities concerned are taken into account, shall transmit the proposed plan to the following bodies for their opinion:
(1)  for the territory of the James Bay Region described in the Schedule to the James Bay Region Development Act (chapter D-8): the Cree Regional Authority, Ville de Chibougamau, Ville de Chapais, Ville de Lebel-sur-Quévillon and Ville de Matagami;
(2)  for the territory contemplated in the Act respecting Cree, Inuit and Naskapi Native persons (chapter A-33.1), where the plan respects the Cree system of traplines as determined under the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1): the Cree Regional Authority;
(3)  for the territory over which the Kativik Regional Government has jurisdiction by virtue of the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1): the Kativik Regional Government and, where the plan respects Category II lands intended for the Cree community of Great Whale River or Category II-N lands intended for the Naskapi community, the Cree Regional Authority or the Naskapi Village of Kawawachikamach, as the case may be;
(4)  for the territory of Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent: that municipality.
The land use plan may be submitted to the Government for approval after the expiry of 90 days from the date of transmission of a proposed plan to the Regional Authority, Regional Government or municipality concerned, unless the latter has advised the Minister that it intends to state its views or to propose amendments to the proposed plan; in the latter case, the plan cannot be submitted to the Government for approval until the expiry of 180 days from the date of transmission of the proposed plan or until the Regional Authority, Regional Government or municipality gives notice in writing of its approval of the proposed plan.
1987, c. 23, s. 24; 1995, c. 20, s. 13; 1996, c. 2, s. 957; 1999, c. 43, s. 13.
25. Where, by virtue of the third paragraph of section 21, an amendment is proposed to a plan respecting lands comprised in the territory of a regional county municipality or an urban community, the Minister of Municipal Affairs and Greater Montréal shall transmit the proposed amendment to the council of the municipality or community for its opinion. The amendment cannot be submitted to the Government for approval before the expiry of 120 days from the date of transmission of the proposed amendment, unless the municipality or the urban community gives notice before that date to the Minister of Municipal Affairs and Greater Montréal of its approval of the proposed amendment.
Where a land use plan respects lands comprised in one of the territories referred to in section 24, the Minister of Municipal Affairs and Greater Montréal shall transmit the proposed amendment to the Regional Authority, Regional Government or municipality concerned. In such a case, the proposed amendment may be submitted to the Government for approval 120 days after its transmission or once the Regional Authority, Regional Government or municipality gives notice in writing of its approval of the proposed plan.
1987, c. 23, s. 25; 1990, c. 85, s. 122; 1999, c. 43, s. 13.
DIVISION IV
REGISTRATION OF RIGHTS
§ 1.  — The Terrier
26. The Minister shall prepare and keep up to date a public land register, called the “Terrier” in the form he determines, in which shall be registered every alienation, acquisition, servitude, location or occupation right as well as every transfer, renewal and revocation of rights or leases granted on the lands.
In addition, the Minister shall register any transfers of land made under sections 6 to 12.
1987, c. 23, s. 26; 1987, c. 76, s. 1; 1995, c. 20, s. 14.
27. Every minister or public body designated by the Minister shall, within 30 days, transmit a notice to the Minister informing him of any deed of purchase or sale, letters patent, lease, occupation licence or other occupation right granted on the lands under his authority. The notice shall indicate the rights granted or acquired and identify the land to which they relate.
1987, c. 23, s. 27.
28. (Repealed).
1987, c. 23, s. 28; 1995, c. 20, s. 15.
29. (Repealed).
1987, c. 23, s. 29; 1995, c. 20, s. 15.
30. The attestation of written information regarding a right registered in the Terrier is subject to payment of the research fee fixed by regulation of the Government.
1987, c. 23, s. 30.
31. (Repealed).
1987, c. 23, s. 31; 1995, c. 20, s. 15.
§ 2.  — Register of resource development rights
32. The Minister shall prepare and keep up to date a public register containing a summary entry of all resource development rights granted on lands, except rights granted under the Mining Act (chapter M-13.1) that are exempt from registration in the registry office of the registration division concerned.
Every minister authorized to grant such development rights shall, within 30 days of the issuance of any such rights, transmit a notice to the Minister indicating what rights were granted and identifying the land to which they relate.
1987, c. 23, s. 32; 1987, c. 64, s. 344.
33. The attestation of written information regarding a right entered in the register of resource development rights is subject to payment of the research fee fixed by regulation of the Government.
1987, c. 23, s. 33.
CHAPTER III
GRANTING OF LAND RIGHTS
DIVISION I
ALIENATION OF LANDS
§ 1.  — Sale
34. The Minister may sell lands under his authority and buildings, improvements and movable property thereon which form part of the domain of the State, on the conditions and at the prices he determines, in accordance with the regulations of the Government to that effect.
The Minister may grant rights in such lands in the same manner.
1987, c. 23, s. 34; 1995, c. 20, s. 17; 1999, c. 40, s. 317.
35. The Minister may sell surface rights in land in which a right has been granted under the Mining Act (chapter M-13.1).
Surface rights in land that is under a mining lease, a mining concession or an exclusive lease to mine surface mineral substances may be sold to a third person only if they are not required for mining by the holder of the lease, the mining concession or the exclusive lease to mine surface mineral substances.
1987, c. 23, s. 35; 1987, c. 64, s. 344; 1998, c. 24, s. 146.
35.1. Where a sale is subject to a restrictive clause, the Minister may, at the request of the purchaser or of his successors, amend the clause or waive it on such conditions and for such price as he may determine.
1987, c. 76, s. 2; 1995, c. 20, s. 18.
36. Land may be sold by the issue of letters patent or by notarial deed en minute.
1987, c. 23, s. 36.
§ 2.  — Gratuitous transfer
37. The Minister may transfer gratuitously land under his authority, together with the buildings, improvements and movable property situated thereon, by the issue of letters patent or by notarial act en minute, for purposes of public utility prescribed by regulation of the Government, provided they are specified in the letters patent or notarial act.
1987, c. 23, s. 37; 1995, c. 20, s. 19.
38. At the end of a period of thirty years from the date of the letters patent, the conditions and restrictions attached to a gratuitous transfer cease to apply, and the transfer becomes irrevocable.
Notwithstanding the first paragraph, every gratuitous transfer of land to a municipality for the construction or improvement of a public road is irrevocable from the date of the letters patent.
This section also applies to all gratuitous transfers effected by the issue of letters patent before 27 May 1987, as if it had been in force on the date of their issue.
1987, c. 23, s. 38; 1991, c. 52, s. 5.
39. The holder of the letters patent must inform the Minister if he wishes to use the transferred land for a purpose other than that specified in the letters patent.
1987, c. 23, s. 39; 1991, c. 52, s. 6.
40. At the request of the holder, the Minister may amend letters patent to substitute other purposes of public utility prescribed by regulation under paragraph 6 of section 71 for those specified in the letters patent.
In the case of a purpose not so prescribed, the Minister may require that the land be retroceded to him on the conditions he determines or, at the request of the holder, he may amend or waive the purpose clause on the same conditions and at the same price as those determined by regulation under section 34.
1987, c. 23, s. 40; 1991, c. 52, s. 7.
40.1. During a cadastral renovation, the Minister may renounce his right of ownership over land under his authority in favour of the occupant of the land.
In such a case, the Minister shall authorize the land surveyor preparing the renovation plan to enter the occupant of the land as the owner.
Transfer of ownership is effected by the opening of a land file in the land register by the registrar.
1995, c. 20, s. 20.
40.2. Sections 28 and 29 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) do not apply to a renunciation made by the Minister in accordance with section 40.1.
1995, c. 20, s. 20; 1996, c. 26, s. 85.
§ 3.  — Effect of letters patent
41. Letters patent issued over the signature of the Minister have the same force as if they had been issued and signed by the Lieutenant-Governor and the Attorney General under the Great Seal.
The Minister of Justice, in his capacity as registrar of Québec, shall register the letters patent.
1987, c. 23, s. 41.
42. The Minister, unless a third party vested with rights in the land contemplated objects, may cancel letters patent and, where required, issue rectified letters patent bearing the date of those cancelled, if they were issued to a person not entitled to them or contain an error concerning the area or description of the land contemplated, an error in the holder’s name or any other clerical error.
1987, c. 23, s. 42.
43. The Minister may amend or rectify letters patent where, in his opinion, the amendments or rectifications that are sought may be made without cancelling the letters patent.
1987, c. 23, s. 43; 1987, c. 76, s. 3.
43.1. The Minister shall inform the Registrar of Québec of any amendment, rectification or cancellation of letters patent so that he may enter it opposite their registration.
1987, c. 76, s. 3.
44. Letters patent issued upon the application of a petitioner unable to furnish a title or sufficient proof of his title, are validly issued with the use of the terms “to the legal representatives of (name of the original purchaser)” or “to the successors of (name of the original purchaser)”.
In this section, the words legal representatives or successors mean all persons who may have rights in the property.
1987, c. 23, s. 44; 1991, c. 52, s. 8; 1995, c. 20, s. 21.
§ 4.  — Reserves
45. From and after 1 June 1884, sales and transfers of lands are subject to a reserve, in full ownership in favour of Québec, of 60 metres and 350 thousandths in depth of the lands bordering on the non-navigable rivers and lakes of Québec.
From 1 January 1970, sales and transfers of lands are subject to a reserve, in full ownership in favour of Québec, of 60 metres and 350 thousandths in depth of the lands bordering on all the rivers and all the lakes of Québec.
From 22 December 1977, sales and transfers of lands are subject to a reserve, in full ownership in favour of Québec, of 60 metres in depth of the lands bordering on all the rivers and all the lakes of Québec.
Sales or transfers of lands granted after 17 December 1987 are no longer subject to the reserve, in full ownership in favour of Québec, of 60 metres in depth of the lands bordering on all the rivers and all the lakes of Québec.
1987, c. 23, s. 45; 1987, c. 76, s. 4.
45.1. The reserve resulting from the application of the first three paragraphs of section 45 and forming part of the domain of the State on 17 December 1987 shall, from the date of the letters patent or the notarial deed, devolve free of charge and in full ownership to the holder of the letters patent or notarial deed to whom the land has been sold or transferred, or to his successors. It is deemed to form part of the private domain from that date.
The rules of private law apply from that date for establishing rights in the reserve, including prescription.
The devolution provided for in the first paragraph does not entail the transfer of ownership of the beds of non-navigable rivers and lakes or of the islands therein. Furthermore, the devolution shall not give entitlement to any reimbursement of the sums of money collected by the Minister pursuant to the Lands and Forests Act (chapter T-9) or this Act.
Section 30.2 of the Act respecting agricultural lands in the domain of the State (chapter T-7.1) applies to the reserve where the letters patent or notarial deed have been issued or drawn up under the said Act.
1987, c. 76, s. 5; 1991, c. 52, s. 9; 1995, c. 20, s. 22; 1999, c. 40, s. 317.
45.1.1. Section 45.1 also applies
(1)  where, in the letters patent or notarial deed, the reserve has been expressly withdrawn or excluded from the land which is sold or transferred;
(2)  where the description of the land in the letters patent or notarial deed did not include the description of the reserve;
(3)  where the reserve is the subject of an attestation of devolution issued by the Minister before 12 December 1991.
1991, c. 52, s. 9.
45.2. Notwithstanding section 45.1, the following lands shall remain in the domain of the State:
(1)  all or that part of a reserve which is under the authority or management of another Minister or a public body;
(2)  a forest road within the meaning of the Forest Act (chapter F-4.1) or a mining road within the meaning of the Mining Act (chapter M-13.1);
(3)  roads used for public purposes on 17 December 1987, the ownership of which has not, under section 45.1, devolved to a department, a public body or a municipality, and which have not been the subject of a title or a transfer of authority or management granted by the Minister before 12 December 1991;
(4)  any reserve or that part of it which has been the subject of a lease, still in force on 12 December 1991, granted under the Lands and Forests Act (chapter T-9) or under this Act in favour of a person other than the holder of the letters patent or notarial deed, or his successors;
(5)  any reserve or that part of a reserve which has been the subject of a lease granted under the Lands and Forests Act (chapter T-9) or under this Act in favour of a person other than the holder of the letters patent or notarial act, or his successors, having expired before 12 December 1991 but having been renewed before 16 May 1995 with retroactive effect to the date of expiry of the lease.
In the cases referred to in subparagraphs 4 and 5 of the first paragraph, the lessee retains the right to renew the lease once, for the same term, which may not exceed ten years and he may acquire the leased land before the date of expiry of the lease, in accordance with section 34 or section 37. If he does not acquire the leased land before the date of expiry of the lease, the retroactive devolution provided for in section 45.1 applies to the land from the date of expiry of the lease.
Where land referred to in subparagraph 5 of the first paragraph is sold under the second paragraph, the Minister shall pay to the holder of the letters patent or notarial act, or his successors, an indemnity equal to the price paid by the lessee.
1987, c. 76, s. 5; 1991, c. 52, s. 9; 1995, c. 20, s. 23; 1999, c. 40, s. 317.
45.2.1. Any reserve affecting land referred to in Schedule I shall also remain in the domain of the State.
A notice containing the description of the reserve or that part of it which is retained for purposes in the public interest, made according to law, must be registered by the Minister, not later than 12 December 1993, in the registry office of the registration division in which the immovable is situated. Registration is effected by deposit, free of charge. In a territory under cadastral survey, the notice is entered in the index of immovables.
From the date of registration, section 45.1 shall apply to the reserve or that part of it which is not affected by the notice. If no notice has been registered within the period prescribed in the second paragraph, section 45.1 shall apply to the whole reserve.
The Minister may also, on the same conditions, register a notice to exempt a land from the application of the first paragraph; from the date of registration, section 45.1 applies to the reserve or that part of it which is affected by the notice.
1991, c. 52, s. 9; 1999, c. 40, s. 317.
45.2.2. Section 45.1 does not apply
(1)  to a reserve or that part of a reserve resulting from a sale, a transfer or a waiver by the Minister that occurred before 12 December 1991;
(2)  to a reserve or that part of a reserve which, on 12 December 1991, is the subject of an offer of sale or transfer by the Minister in favour of a person other than the holder of the letters patent or notarial deed or his successors, if the offer is accepted before the date on which it expires.
1991, c. 52, s. 9; 1995, c. 20, s. 24.
45.3. The devolution provided for in section 45.1 is subject
(1)  to the right to use or occupy the reserve under a title, servitude, authorization or permit granted or issued pursuant to an Act, a decree or an order;
(2)  to uses for public purposes by a department, a public body or a municipality, where such uses exist on 17 December 1987 and are still exercised on 12 December 1991, in cases where no title, servitude, permit, authorization or transfer of authority or management has been granted by the Minister.
No right contemplated in the first paragraph nor the exercise of such a right may in any case render the beneficiary of the devolution and his successors liable towards the holder of the rights or towards third persons.
1987, c. 76, s. 5; 1991, c. 52, s. 9; 1995, c. 20, s. 25.
45.4. Where affected by the reserve on 12 November 1987, the lands listed in Schedule II and those bordering on parts of rivers also listed in Schedule II are subject, without compensation, to the right of any member of the public to go on foot along the bank of a river, over a strip of land 10 metres in depth from the bank, and stop for the purpose of fishing.
The Minister may, by order, exempt certain lands from the application of this section; the order shall take effect on the date of its publication in the Gazette officielle du Québec.
1987, c. 76, s. 5; 1991, c. 52, s. 10.
45.5. Where land is separated from a stretch of water solely by a reserve and where the owner no longer has access to the stretch of water by such reserve owing to the devolution pursuant to section 45.1, the reserve shall be subject to a right of way in favour of the land.
To enjoy the benefit of that right, the owner of the land must enter into an agreement with the person to whom the reserve has devolved as to the site of the servitude following a request to that effect; the request must be made not later than 17 December 1989 or, where letters patent are issued in respect of a land pursuant to Division IV of Chapter III of the Act respecting agricultural lands in the domain of the State (chapter T-7.1) after 17 December 1987, within two years of the date of issue of the letters patent.
If an agreement is reached by the parties, the act recognizing the servitude shall be registered in the registry office of the registration division in which the reserve is situated.
Failing an agreement and on an application by either of the parties, the Minister shall, by order, establish the site of the servitude upon that part of the reserve where it will be least injurious.
Before rendering his decision, the Minister shall notify the parties, by certified mail, of his intention; the parties may present observations within the time indicated in the notice to the representative of the Minister identified in the notice.
The order shall be registered, at the expense of the beneficiary of the servitude, at the registry office of the registration division in which the reserve is situated.
The costs of establishing and maintaining the site of the servitude shall be payable by the beneficiary of the servitude.
1987, c. 76, s. 5; 1991, c. 52, s. 11; 1997, c. 43, s. 777; 1999, c. 40, s. 317.
45.6. (Repealed).
1987, c. 76, s. 5; 1991, c. 52, s. 12.
46. Every sale or grant of land adjacent to the boundary line between Canada and the United States of America or to the boundaries between Québec and a province, entered into or made after 15 February 1924, shall carry with it, as of right, in favour of Québec, a reserve in full ownership in that part of such land lying within 18 metres and 288 thousandths of the line, and, in addition, the prohibition of erecting buildings or executing works on that piece of land.
The reserve contemplated in the first paragraph is of 18 metres in the case of a sale or grant made after 22 December 1977.
The provisions of this section do not apply in the case of a sale or grant for the purposes of the construction of railways, water-works, bridges, canals, ditches or other works of a public character, nor to the works or the erection of the buildings necessary for their operation.
1987, c. 23, s. 46.
46.1. The alienation of land in the domain of the State by the Minister does not have the effect of transferring ownership of a forest road or a mine road or a road maintained by the Minister of Transport or by a municipality, whether or not the presence of the road is mentioned in the act evidencing the transfer of ownership.
The alienation of land traversed by a road, other than a road mentioned in the first paragraph, that provides access to other public land or to private land is subject, without indemnity and provided the users ensure its maintenance, to a servitude of passage over the right of way of the road either on foot or in a vehicle of whatever type.
1995, c. 20, s. 26; 1999, c. 40, s. 317.
DIVISION II
PRIVATE USES
§ 1.  — Lease
47. The Minister may lease any land under his authority and any building, improvement and movable property thereon which forms part of the domain of the State, on the conditions and at the price he determines in accordance with the regulations of the Government to that effect.
1987, c. 23, s. 47; 1995, c. 20, s. 27; 1999, c. 40, s. 317.
48. The Minister may lease surface rights in land in which a right has been granted under the Mining Act (chapter M-13.1).
Surface rights in land under a mining lease, a mining concession or an exclusive lease to mine surface mineral substances may be leased to a third person only if they are not required for mining by the holder of the lease, the mining concession or the exclusive lease to mine surface mineral substances.
1987, c. 23, s. 48; 1987, c. 64, s. 344; 1998, c. 24, s. 147.
49. The lessee of land may institute any action or suit against a person occupying the land illegally or trespassing; the lessee may also recover from the person damages for any injury suffered.
1987, c. 23, s. 49; 1999, c. 40, s. 317.
§ 2.  — Temporary occupation
50. The Minister, in accordance with the regulations of the Government to that effect, may authorize a person who applies therefor to occupy land under his authority temporarily and issue an occupation licence or visitor’s licence to that effect to the person.
A temporary occupation licence is issued for a period of not over twelve months. It does not authorize the holder to erect or maintain any construction other than a rough shelter. It may be cancelled by the Minister at any time without notice, formality or compensation. Such a licence is not registered in the register instituted under section 26.
A visitor’s licence is issued for a period of not over seven months in a given year. It authorizes the holder to camp. It may be cancelled in the same manner as a temporary occupation licence and is not registered.
1987, c. 23, s. 50; 1987, c. 76, s. 6; 1995, c. 20, s. 28.
§ 3.  — Lands reserved for Indians
51. The Government may reserve and allot, for the benefit of the various Indian bands of Québec, the usufruct of lands designated for that purpose by the Minister.
1987, c. 23, s. 51.
52. The usufruct of the lands designated by the Minister shall be transferred gratuitously, on the conditions determined by the Government, to the Government of Canada to be administered by it in trust for the said Indian bands.
Such usufruct shall be inalienable and the lands subject to it shall return to the Government, from and after the date when the Indians to whom they have been assigned by the Government of Canada relinquish them by a deed of assignment.
Mining rights are not included in the allotment, notwithstanding the absence of any mention to that effect.
1987, c. 23, s. 52.
CHAPTER IV
CONTROL OF USE OF LANDS
DIVISION I
ACCESS
53. Every person may enter on lands in the domain of the State, except as prescribed by law or a regulation of the Government.
The right to enter and stay on lands under the authority of the Minister must be exercised in compliance with the rules prescribed by regulation of the Government.
1987, c. 23, s. 53; 1999, c. 40, s. 317.
54. No person may erect or maintain a building, installations or works on any land except with authorization of the Minister having authority over that land. The authorization is not required for the exercise of a right, the performance of a duty under the law or so far as prescribed by regulation of the Government.
1987, c. 23, s. 54.
55. No person may construct or improve a road other than a forest or mining road on any land without prior authorization in writing from the Minister, and, in the case of forest land, the authorization prescribed in section 31 of the Forest Act (chapter F-4.1).
1987, c. 23, s. 55; 1988, c. 73, s. 73.
56. The holder of the authorization from the Minister shall comply with the regulations of the Government concerning the location, construction, maintenance and use of the road.
The Government may also, by regulation, cause such provisions of the Highway Safety Code (chapter C-24.2) respecting highway traffic or safety as he indicates to be applicable to them.
1987, c. 23, s. 56; 1986, c. 91, s. 655.
57. Every road constructed in the domain of the State forms part of it.
1987, c. 23, s. 57; 1999, c. 40, s. 317.
58. Any person may use a road constructed under section 55, subject to the regulations under paragraphs 9 and 10 of section 71.
Access to a road may be restricted or prohibited by the Minister for reasons of public interest.
1987, c. 23, s. 58.
59. No claim for damages may be made by any person using a road on account of damage resulting from a defect in the construction, improvement or maintenance of the road.
1987, c. 23, s. 59.
DIVISION II
UNLAWFUL OCCUPATION OR USE
60. The minister or public body having authority over any land may, by a motion served on any person who unlawfully occupies the land, apply to a judge of the Superior Court for an order in the form of a writ of possession.
The motion, accompanied with at least 6 clear days’ notice of the date of its presentation, shall be heard by summary proceeding in the district in which the land is situated.
1987, c. 23, s. 60; 1995, c. 20, s. 29.
61. The judge, upon proof to his satisfaction that the person is unlawfully in possession of the land, may order him to abandon the land and to hand over possession of it to the minister or public body. He may also order the premises restored to their former condition and, if the person fails to do so, authorize the minister or public body having authority over the land to cause the required work to be carried out at the respondent’s expense.
The order has the same force as a writ of possession and is executed in the same manner as a writ in an action of ejectment or in a possessory action.
On the tenth day after the date on which the judgment becomes executory, all property affected by the judgment shall devolve, without indemnity and in full ownership, to the domain of the State. The minister or public body may renounce the devolution on the conditions he or it determines.
1987, c. 23, s. 61; 1995, c. 20, s. 30; 1999, c. 40, s. 317.
62. The minister having authority over any land may take possession without indemnity and dispose of a building unlawfully erected on the land and of any improvement and movable property situated thereon whose owner is unknown to him.
Possession cannot be taken, however, until the expiry of 7 months from the day of posting of a notice to that effect on the building concerned.
In addition to stating the effect of this section, the notice must identify the representative of the Minister to whom to owner may make representations to oppose the taking of possession.
1987, c. 23, s. 62; 1995, c. 20, s. 31.
62.1. In cases where authority over land is transferred after the presentation of a motion under section 60, or after a taking of possession is commenced under section 62, the motion or taking of possession shall be continued by the minister to whom the authority is transferred.
1995, c. 20, s. 32.
CHAPTER V
CANCELLATION OF RIGHTS
63. If a purchaser, assignee or lessee of land or his successors have violated or neglected to comply with any condition of a sale, assignment or lease, the Minister may require that corrective measures be taken within the time he determines and, failing that, he may cancel the sale, assignment or lease.
1987, c. 23, s. 63; 1999, c. 40, s. 317.
64. The cancellation contemplated in section 63 shall have the effect of a complete forfeiture of the buildings, improvements and movable property situated on the land. The Minister may, nevertheless, indemnify the person who has made improvements where and so far as that is equitable.
1987, c. 23, s. 64; 1995, c. 20, s. 33.
65. The Minister may cancel a sale, assignment or lease if it has been made or issued by mistake. He may also cancel an assignment or lease where the public interest so requires. The Minister shall, however, indemnify the holder of the deed of occupation for the prejudice he has suffered owing to the cancellation if the conditions provided for in the deed have been complied with.
1987, c. 23, s. 65.
66. The Minister shall not cancel a right without notifying the person concerned by certified mail at the last address appearing in his file.
In the case of cancellation of letters patent, the notice shall also appear in a newspaper published in the area where the land is located and shall be posted in a public place in that area.
The notice shall state that the cancellation may be made after the expiry of 30 days from the date of its publication or from the date on which it is mailed where no publication is required and that the person concerned may present observations within that time to the representative of the minister identified in the notice.
1987, c. 23, s. 66; 1987, c. 76, s. 7; 1997, c. 43, s. 778.
CHAPTER VI
PENALTIES
67. Every person who enters or stays on land in contravention of section 53 is liable to a fine of $50 to $200 and, in the case of a second or subsequent conviction, to a fine of $100 to $400.
1987, c. 23, s. 67; 1990, c. 4, s. 854.
68. Every person who erects or maintains a construction, installation or works on land in contravention of section 54 or who constructs a road without the authorization of the Minister who has the authority thereon in contravention of section 55, or who refuses to take corrective measures required by the Minister under section 63 within the time fixed, is liable to a fine of $100 to $500 and, in the case of a second or subsequent conviction, to a fine of $200 to $1,000.
Where an offence referred to in the first paragraph continues for more than one day, it is a separate offence for each day or part of a day during which it continues.
1987, c. 23, s. 68; 1990, c. 4, s. 855; 1995, c. 20, s. 34.
69. Every person who contravenes any prescription of a regulation made under paragraph 11 of section 71 is guilty of an offence and liable to a fine of $100 to $200.
1987, c. 23, s. 69; 1990, c. 4, s. 856.
70. (Repealed).
1987, c. 23, s. 70; 1990, c. 4, s. 857.
CHAPTER VII
REGULATIONS
71. The Government may, by regulation,
(1)  fix the fees exigible for the registration of rights in the Terrier;
(2)  fix the research fees exigible for the attestation of any written information regarding the entries in the catalogue provided for in section 14 and the rights entered in the registers provided for in sections 26 and 32;
(3)  determine the general conditions and the rules for computing the prices, rentals, fees or other costs regarding sales, leases, exchanges, gratuitous transfers, occupation licences and the granting of any other right;
(4)  fix the fees exigible for transfers of land under sections 10 and 12;
(5)  determine what persons, departments or bodies are exempt from the fees contemplated in subparagraphs 1, 2, 3 and 4;
(6)  prescribe the purposes of public utility for which a gratuitous transfer of land under the authority of the Minister may be made;
(7)  establish the rules and conditions under which persons may have access to and stay on any land, and specify the circumstances under which access to or staying on the land may be prohibited;
(8)  prescribe under what conditions and circumstances authorization is not required to erect or maintain a building, installations or works on land otherwise than in exercising a right or performing a duty imposed by law;
(9)  establish norms respecting the location, construction, maintenance and use of roads other than forest or mining roads;
(10)  establish rules respecting the right to use roads referred to in subparagraph 9 for the safety of users and the protection of the roads;
(11)  determine, among the prescriptions of any regulations made under this section, those whose contravention constitutes an offence described in section 69.
Regulations made under subparagraph 3 of the first paragraph may prescribe different conditions, prices and fees according to the categories of users and the zones or territories indicated by the Government.
1987, c. 23, s. 71; 1987, c. 76, s. 8; 1991, c. 52, s. 13.
CHAPTER VIII
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
72. The Minister shall notify the municipalities concerned of the granting, revocation, correction or cancellation of any letters patent or lease affecting any land under his authority.
In the case of letters patent, the Minister shall also notify the registrars of the registration divisions concerned.
1987, c. 23, s. 72; 1987, c. 76, s. 9.
72.1. Letters patent issued before 1 January 1994, and any amendment thereto or cancellation or rectification thereof may be published without it being necessary to observe the prescriptions of the Civil Code and the regulations thereunder concerning the publication of rights.
The letters patent shall be registered in the land register by the registrar upon presentation.
1995, c. 20, s. 35.
73. (Amendment integrated into c. T-9, ss. 1 to 3 and 7 to 65).
1987, c. 23, s. 73.
74. Notwithstanding section 73, the Government may, by order, in accordance with section 19 of the Lands and Forest Act (chapter T-9), authorize the sale or lease of public lands and the buildings and other improvements found thereon or the transfer of immovable rights.
This section ceases to have effect on 1 December 1987.
1987, c. 23, s. 74.
75. Letters patent and licences issued, contracts entered into and all rights granted under sections 7 to 65 of the Lands and Forests Act (chapter T-9) remain in force until they are repealed, amended or renewed under this Act.
1987, c. 23, s. 75.
76. (Omitted).
1987, c. 23, s. 76.
77. A document, including the guidebook entitled, in the English version, “Toward new harmony in the forest”, transmitted as a land use plan, as part of the process of preparation of a development plan, to a municipality or community before 27 May 1987 is considered to be a proposed plan transmitted in accordance with section 23.
Where a development plan is already in force on 27 May 1987 in a territory contemplated in the first paragraph, the last land use plan transmitted is deemed to have been approved by the Government under section 22.
Section 24 does not apply to a document contemplated in the first paragraph transmitted to a regional county municipality before 27 May 1987.
For the purposes of subparagraph 3 of the second paragraph of section 25 of the Forest Act (chapter F-4.1) and of subparagraph 7 of the first paragraph and the second and third paragraphs of section 171 of the said Act, a document referred to in this section is considered to be a plan contemplated in Division III of Chapter II of this Act.
1987, c. 23, s. 77; 1999, c. 40, s. 317.
78. This Act applies subject to the Act respecting the land regime in the James Bay and New Québec territories (chapter R-13.1), the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67) and the Act approving the Northeastern Québec Agreement (chapter C-67.1).
1987, c. 23, s. 78.
79. (Amendment integrated into c. A-19.1, s. 16).
1987, c. 23, s. 79.
80. (Amendment integrated into c. A-19.1, s. 27).
1987, c. 23, s. 80.
81. (Amendment integrated into c. A-19.1, s. 29).
1987, c. 23, s. 81.
82. (Amendment integrated into c. A-19.1, s. 48.1).
1987, c. 23, s. 82.
83. (Amendment integrated into c. C-61.1, s. 5).
1987, c. 23, s. 83.
84. (Amendment integrated into c. C-61.1, s. 8).
1987, c. 23, s. 84.
85. (Amendment integrated into c. M-15.1, s. 12).
1987, c. 23, s. 85.
86. (Amendment integrated into c. M-15.1, s. 12).
1987, c. 23, s. 86.
87. (Omitted).
1987, c. 23, s. 87.
88. (Amendment integrated into c. M-15.1, s. 17.1).
1987, c. 23, s. 88.
89. (Amendment integrated into c. T-9.1, s. 1).
1987, c. 23, s. 89.
90. (Amendment integrated into c. T-9.1, s. 13).
1987, c. 23, s. 90.
91. (Amendment integrated into c. T-9.1, s. 45).
1987, c. 23, s. 91.
92. (Amendment integrated into c. D-17, s. 1).
1987, c. 23, s. 92.
93. (Amendment integrated into c. F-4.1, s. 25).
1987, c. 23, s. 93.
94. (Amendment integrated into c. F-4.1, s. 171).
1987, c. 23, s. 94.
95. (Amendment integrated into c. F-4.1, s. 234).
1987, c. 23, s. 95.
96. Sections 93, 94 and 95 have effect from 1 April 1987.
1987, c. 23, s. 96.
97. A reference to sections 1 to 3 and 7 to 65 of the Lands and Forests Act (chapter T-9) shall be a reference to the corresponding provisions of this Act.
1987, c. 23, s. 97.
98. The Minister of Natural Resources is responsible for the administration of this Act.
1987, c. 23, s. 98; 1994, c. 13, s. 15.
99. (Omitted).
1987, c. 23, s. 99.
SCHEDULE I
LANDS AFFECTED UNDER SECTION 45.2.1
(Original survey)

TOWNSHIP RANGE LOT

Antoine I 25

Arago I 23

Boyer VI 25

Callière Bloc B --

Campbell I 16
II 22
III 17
Sud-Est 40

Cranbourne XI 39

De Calonne IV 22

Décarie IX 24

De Sales E 4

Dudley VIII 41

Grandison III 26

Gravel II 2

Joliette III 19

Joly F 38
i 25
M 28, 29, A, B and C

Loranger VI 47
VII 52

Marchand S.-O. Riv. Rouge 23
N. Riv. Macaza 7 and 12
D 9

Marston VI 22 (east bank)

Metgermette-Sud IX 12 and 14

Moreau IV 23
V 19
VI 16

Pelletier V 1
Rivière aux Rats 19

Pérodeau II 7
V 6

Pope II 30
III 12

Robertson V 39
VII 22
VIII 50 and 58
XIII 55

Simard IX 81, 82 and 83

Wolfe X 44
XI 26 and 35
1987, c. 76, s. 10; 1991, c. 52, s. 14.
SCHEDULE II
LANDS SUBJECT TO A RIGHT OF WAY UNDER SECTION 45.4
(Original survey)

TOWNSHIP RANGE LOT

Alleyn VI 9
VII 5

Alton V 3

Belleau I 34 and 38

Bourgeoys Sud-Est 5 and 6

Chavigny III N.-E. 13

Cranbourne III 29 and 30

De Calonne I 2 to 6, 11 to 14, 16 to 19,
31 to 33, 36 and 37
II 3

Desaulniers I 1

Ditton III 34 and 35

Dumas I-E (Petit Saguenay) 1 to 9, 12 to 14
and 47 to 51
I-O (Petit Saguenay) 4 to 6, 14, 49 and 50

Emberton II 11 and 12
III 12 to 14

Ham-Nord III 5
IV 5, 6 and 22 to 24
X 20 to 25
A N-E 3 and 4

Hartwell II 4, 5 W part and 9

Lambton VII 26 to 31
VIII 26

Langelier Ouest 2 to 9, 12 to 15,
17 to 55 and 57 to 67
Est 1 to 3, 7, 8, 14 to 17,
19 to 21, 23 to 45,
47 to 60, 67 to 74,
79 and 80

Lingwick K 30 and 32
i 30 and 31

Marlow I 15
II 14 and 15

Marston IX 17 and 18
X 7, 8 and 17 to 19

Matane VIII 1 and 2
X 2 and 3
XI 1
XII 1
Rivière Matane 6 to 18

Mékinac III 5 and 6

Ponsonby III North half 22 to 25
VI 20
VII 19 and 20

Preston III 21 and 33
IV 33 and 34

Spalding I 27 to 37

Stratford VI 2, 3 and 4

Tessier V 1
VI 1 to 5, 7, 8 and 9
VII 4 to 10
Nord-Est Riv. Matane 1 to 30, 32, 35 and
37 to 43
Sud-Ouest Riv. Matane 1, 2, 4 to 17, 19 and
23 to 40

Whitton V N.-E. 32 to 36

Winslow I S.-E. 21 to 23
II S.-E. 20 and 21
II N.-O. 22 to 25
III S.-E. 19 and 20
III N.-O. 25 to 27
IV S.-E. (east part) 16 and 19
V S.-E. (east part) 26 to 29

Woburn V 4 to 7 and 16 to 29
Bloc A --

OUANANICHE AND SALMON RIVERS

TOWNSHIP RIVER


Ashuapmouchouan À l’Ours

Bagot À Mars

Dalmas Petite-Péribonka

De Meulles Aux Saumons

Dolbeau Petite-Péribonka

Dufferin Pémonca
Aux Saumons

Girard Ouasiemsca

Metabetchouan Metabetchouan

Ouiatchouan Ouiatchouaniche

Roberval Ouiatchouaniche

SALMON RIVERS

REGIONAL COUNTY RIVER
MUNICIPALITY


Avignon Assemetquagan
Millstream
Patapédia
Ristigouche

Bonaventure Bonaventure
Bonaventure-Ouest
Cascapédia
Garin
Mourier
Petite-Cascapédia
Petite-Cascapédia-Est
Petite-Cascapédia-Ouest
Petite-Port-Daniel
Port-Daniel
Reboul

Pabok Grand-Pabos
Grand-Pabos-Ouest
Grande-Rivière
Malbaie
Petit-Pabos
Saint-Jean-Sud

Côte-de-Gaspé Darmouth
Madeleine
Saint-Jean
Saint-Jean-Sud
York

Denis-Riverin Bonaventure
Cap-Chat
Madeleine
Petite-Cascapédia-Est
Petite-Cascapédia-Ouest
Sainte-Anne
Sainte-Anne-Nord-Est

Matane Cap-Chat
Cascapédia
Pineault
Petite-Matane

Matapédia Cascapédia
Causapscal
Matapédia
Pineault
Ristigouche

Mitis Keg
Mestigougèche
Mitis
Patapédia

Rimouski-Neigette Kedgwick
Keg
Murray
Quigley
Rimouski
Sud-Ouest

Fjord-du-Saguenay Saint-Jean
Sainte-Marguerite

Les Basques Sud-Ouest

Kamouraska Ouelle

L’Islet Ouelle

Charlevoix Du Gouffre

Charlevoix-Est Du Gouffre

Minganie Aguanus
Au Bouleau
Au Saumon
Chécatica
Coacoachou
Corneille
Coxipi
Etamaniou
Gros Mécatina
Jupitagon
Kégashka
Magpie
Mingan
Musquanousse
Musquaro
Nabisipi
Napetipi
Natashquan
Nétagamiou
Olamane
Petite-Mécatina
Petit-Watshishou
Piashti
Romaine
Saint-Augustin
Saint-Augustin-Nord-Ouest
Saint-Jean
Saint-Paul
Sheldrake
Vieux-Fort
Washicoutai
Watshishou

Sept-Rivières Au Bouleau
Aux Roches
De la Petite-Trinité
De la Trinité
Du Calumet
Matamec
Moisie
Pigou

Manicouagan Betsiamites
De la Petite-Trinité
Des Anglais
Franquelin
Godbout
Mistassini

Haute-Côte-Nord Betsiamites
Des Escoumins
Laval
Sainte-Marguerite

Municipalité de Côte-Nord-du- À la Baleine
Golfe-du-Saint-Laurent Brador
Chécatica
Coacoachou
Coxipi
Darby
Des Belles Amours
Etamaniou
Gros Mécatina
Kégashka
Musquanousse
Musquaro
Napetipi
Natashquan
Nétagamiou
Olamane
Petit-Mécatina
Ruisseau-au-Saumon
Saint-Augustin
Saint-Augustin-Nord-Ouest
Saint-Paul
Vieux-Fort
Washicoutai
In this schedule, the whole or part of a place-name included in the name of a regional county municipality refers to the territory of that municipality, and the expression “Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent” refers to the whole formed by the territory of that municipality and the territories of the municipalities constituted under the Act respecting the municipal reorganization of the territory of Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent (1988, chapter 55).
1987, c. 76, s. 10; 1991, c. 52, s. 15; 1996, c. 2, s. 959.
REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 23 of the statutes of 1987, in force on 1 September 1987, is repealed, except sections 76 and 99, effective from the coming into force of chapter T-8.1 of the Revised Statutes.