Q-2, r. 26 - Agricultural Operations Regulation

Section 50.4 Disposition versions

2023-12-29

50.4. The owner of a raising site or a spreading site referred to in subparagraph 1, 2 or 2.1 of the second paragraph of section 50.3 may move a cultivated parcel on the following conditions:

(1)  a written notice to that effect, given on the form available on the website of the Ministère du Développement durable, de l’Environnement et des Parcs, is transmitted electronically to the Minister at least 30 days before the beginning of work, other than tree-clearing work, containing the following elements:

(a)  the area and the location, using a georeferenced plan, of the parcel that will no longer be used for crop cultivation, as well as those of the parcel that will be cultivated after the move, including in particular the numbers of the lots on which each parcel is situated and the name of the cadastre in which they are situated;

(b)  where the Commission de protection du territoire agricole du Québec or the Government has made a decision referred to in subparagraph 5, the number of the decision;

(c)  the signature of the owner or owners of the parcels concerned by the move;

(d)  a declaration by the agrologist certifying that crop cultivation on the new parcel will comply with the location standards applicable under a regulation made under the Environment Quality Act (chapter Q-2);

(2)  the new parcel that will be cultivated after the move is situated outside the littoral zone of a lake or watercourse and a 3 m strip from it;

(3)  where the new parcel that will be cultivated after the move is situated in a wetland, crop cultivation on that new parcel is authorized under subparagraph 4 of the first paragraph of section 22 of the Environment Quality Act, eligible for a declaration of compliance under section 343.1 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), and declared in accordance with that Regulation or exempted under section 345.1 of that Regulation;

(4)  the new parcel that will be cultivated after the move is situated in the same municipality as the parcel that will no longer be used for crop cultivation, in a municipality bordering that municipality or in any other municipality situated within 50 km of the boundaries of the parcel that will no longer be used;

(5)  the owner of the parcel that will no longer be used for crop cultivation is also the owner of the new parcel that will be cultivated after the move, except where the parcel that will no longer be used for cultivation is subject to an expropriation or a decision of the Commission de protection du territoire agricole du Québec or the Government confirming the loss of agricultural use.

For the purposes of subparagraph 5 of the first paragraph, the move must take place within 24 months after ownership of the property is transferred in accordance with one of the situations provided for in Division VI of Chapter II of Title III of Part I of the Act respecting expropriation (chapter E-25) or following the decision of the Commission de protection du territoire agricole du Québec or the Government, as the case may be.

O.C. 906-2005, s. 19; O.C. 606-2010, s. 31; O.C. 269-2012, s. 7; O.C. 1460-2022, s. 10; S.Q. 2023, c. 27, s. 239.

2022-09-01

50.4. The owner of a raising site or a spreading site referred to in subparagraph 1, 2 or 2.1 of the second paragraph of section 50.3 may move a cultivated parcel on the following conditions:

(1)  a written notice to that effect, given on the form available on the website of the Ministère du Développement durable, de l’Environnement et des Parcs, is transmitted electronically to the Minister at least 30 days before the beginning of work, other than tree-clearing work, containing the following elements:

(a)  the area and the location, using a georeferenced plan, of the parcel that will no longer be used for crop cultivation, as well as those of the parcel that will be cultivated after the move, including in particular the numbers of the lots on which each parcel is situated and the name of the cadastre in which they are situated;

(b)  where the Commission de protection du territoire agricole du Québec or the Government has made a decision referred to in subparagraph 5, the number of the decision;

(c)  the signature of the owner or owners of the parcels concerned by the move;

(d)  a declaration by the agrologist certifying that crop cultivation on the new parcel will comply with the location standards applicable under a regulation made under the Environment Quality Act (chapter Q-2);

(2)  the new parcel that will be cultivated after the move is situated outside the littoral zone of a lake or watercourse and a 3 m strip from it;

(3)  where the new parcel that will be cultivated after the move is situated in a wetland, crop cultivation on that new parcel is authorized under subparagraph 4 of the first paragraph of section 22 of the Environment Quality Act, eligible for a declaration of compliance under section 343.1 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), and declared in accordance with that Regulation or exempted under section 345.1 of that Regulation;

(4)  the new parcel that will be cultivated after the move is situated in the same municipality as the parcel that will no longer be used for crop cultivation, in a municipality bordering that municipality or in any other municipality situated within 50 km of the boundaries of the parcel that will no longer be used;

(5)  the owner of the parcel that will no longer be used for crop cultivation is also the owner of the new parcel that will be cultivated after the move, except where the parcel that will no longer be used for cultivation is subject to an expropriation or a decision of the Commission de protection du territoire agricole du Québec or the Government confirming the loss of agricultural use.

For the purposes of subparagraph 5 of the first paragraph, the move must take place within 24 months after ownership of the property is transferred in accordance with one of the situations provided for in section 53 of the Expropriation Act (chapter E-24) or following the decision of the Commission de protection du territoire agricole du Québec or the Government, as the case may be.

O.C. 906-2005, s. 19; O.C. 606-2010, s. 31; O.C. 269-2012, s. 7; O.C. 1460-2022, s. 10.

2012-09-01

50.4. The owner of a raising site or a spreading site referred to in subparagraph 1, 2 or 2.1 of the second paragraph of section 50.3 may move a cultivated parcel provided that the owner sends a written notice to that effect to the director of the Centre de contrôle environnemental in the region where the raising site or spreading site is situated at least 30 days before seeding or planting the new parcel. The owner must indicate to the Minister the designation and the area in hectares of the parcel that will no longer be used for crop cultivation to which the prohibition applies and of the new parcel, as well as the name of the municipality where each parcel is situated.

O.C. 906-2005, s. 19; O.C. 606-2010, s. 31; O.C. 269-2012, s. 7.