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

Section 45.2 Disposition versions

1999-10-22

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.

1995-05-16

45.2. Notwithstanding section 45.1, the following lands shall remain in the public domain:

(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.

1991-12-12

45.2. Notwithstanding section 45.1, the following lands shall remain in the public domain:

(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 assigns.

In the cases contemplated in subparagraph 4 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.

1987, c. 76, s. 5; 1991, c. 52, s. 9.

1987-12-17

45.2. Until the reserve resulting from the application of the first three paragraphs of section 45 is disposed of in accordance with section 45.3, it shall remain in the public domain in the following cases:

(1)  if it is subject, in whole or in part, to a lease made pursuant to the Lands and Forests Act (chapter T-9) with a person other than a person contemplated by section 45.1;

(2)  if it is used, in whole or in part, for public purposes by a department, a public body or a municipality, or is subject to a right of occupation or use, including road purposes, under a title, permit, servitude or authorization granted or issued, in favour of a person other than a person contemplated by section 45.1, pursuant to an Act, a decree or an order;

(3)  if it affects a land referred to in Schedule I;

(4)  if it is occupied, in whole or in part, on 12 November 1987 by a person, other than a person contemplated by section 45.1, who is eligible for the granting of a title under Order 1279-85 of 26 June 1985, as amended by Order 1417-86 of 17 September 1986.

1987, c. 76, s. 5.