P-41.1, r. 1 - Preservation of Agricultural Land and Agricultural Activities Regulation

Section 1 Disposition versions

2022-09-22

1. For the purposes of section 58 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), an application for authorization is filed on the form provided by the Commission de protection du territoire agricole du Québec containing the following information:

(A)  INFORMATION PROVIDED BY THE APPLICANT:

(1)  the applicant’s name, address, telephone and fax numbers and email address and, if applicable, the mandatary’s name, address, telephone and fax numbers and email address;

(2)  the name, address, telephone and fax numbers and email address of the owner of the lots covered by the application, where the applicant is not the owner, and, if applicable, the acquirer’s name and address;

(3)  a description of the project covered by the application and the nature of the authorization required to implement the project;

(4)  the designation of each of the lots covered by the application, the range, the cadastre, the municipality in which each of the lots is located, the area covered by the application and the total area of the property;

(5)  a demonstration of the lack of available areas suitable for the purposes of the application elsewhere in the territory of the municipality concerned by the application and outside of the agricultural zone, where the application seeks an authorization for a new use other than agricultural;

(6)  the current use of the lots covered by the application and the description and use of the buildings and works on each lot;

(7)  for lots covered by an application for the alienation of a lot or group of lots as well as for lots kept by the applicant and lots owned by the acquirer, the list thereof, their area, range, cadastre, the municipality in which each lot is located, their use, the type of cultivation, a description of the principal farm buildings, of the housing buildings and their year of construction, the inventory of animals, the production quota and contingent for each of them;

(8)  where the application pertains to the use for a purpose other than agricultural for the purposes of exploiting resources and making embankments, a list of the uses related to the exploitation applied for and for all the new sites and enlargements of sites applied for, a demonstration that there is no site minimizing the impact on agriculture, the duration of the authorization applied for and, if applicable, the number of the prior decision of the commission;

(9)  where the application pertains to the use for a purpose other than agricultural for the purposes of storing fertilizing residual materials, the treatment required, if any, the livestock of the operator of the storage structure and the areas cultivated by the operator, the current use of the storing structure, its size and capacity, an estimate of the volume stored yearly, the destination of the fertilizing residual materials and the duration of the authorization applied for;

(10)  where the application pertains to the cutting of maple trees in a sugar bush, the projected type of cut;

(11)  the attestation by the applicant or by the applicant’s mandatary that the information provided and the documents attached are true;

(B)  INFORMATION PROVIDED BY THE MUNICIPALITY:

(1)  the opinion of an authorized municipal officer with respect to the compliance of the application with the municipal zoning by-law and with any interim control measures;

(2)  where the project covered by the application does not comply with the zoning by-law or, if applicable, with the interim control measures, an indication as to whether a draft by-law makes the project compliant, and an indication as to whether an opinion has been issued by the regional county municipality or the metropolitan community stating that the proposed amendment would comply with the development plan or interim control measures of that regional county municipality or that metropolitan community;

(3)  only if the application is to obtain a use for a purpose other than agricultural, an indication as to whether the subject of that application constitutes a protected immovable that generates distances separating livestock facilities;

(3.1)  a resolution, giving reasons and taking into consideration the criteria set out in section 62 of the Act, in the provisions of the zoning by-law or in the interim control measures, if any. In addition, if the application concerns a new use for purposes other than agriculture, the resolution must include a description of any appropriate available areas elsewhere in the territory of the local municipality, outside the agricultural zone, that could meet the applicant’s needs;

(4)  where the application is for a new use for residential purposes or for the enlargement of a residential use, the minimum area and the minimum frontage required for that use under the municipal subdivision by-law in force;

(5)  the date that the by-law directing the installation of a water or sewer system to serve each of the lots was adopted, where the lots are served by such a system;

(6)  a description of the surrounding environment, by making an inventory of all the vacant or non-vacant farm buildings located within a radius of 500 m from the location referred to in the application, the type of building or livestock, the number of animal units if applicable and, in the absence of a farm building within that 500-m radius, an indication of the distance from the nearest farm building;

(7)  the current use of the neighbouring lots;

(8)  the date of receipt of the application at the municipality’s office; and

(9)  the name, telephone number and email address of the municipal officer and the officer’s position within the municipality.

O.C. 1163-84, s. 1; Decision 2000-03-03, s. 2; Decision 2016-05-05, s. 1; Decision 2022-08-22, s. 1; Erratum, 2022 G.O. 2, 3549.

2016-06-23

1. For the purposes of section 58 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), an application for authorization is filed on the form provided by the Commission de protection du territoire agricole du Québec containing the following information:

A) INFORMATION PROVIDED BY THE APPLICANT:

(1)  the applicant’s name, address, telephone and fax numbers and email address and, if applicable, the mandatary’s name, address, telephone and fax numbers and email address;

(2)  the name, address, telephone and fax numbers and email address of the owner of the lots covered by the application, where the applicant is not the owner, and, if applicable, the acquirer’s name and address;

(3)  a description of the project covered by the application and the nature of the authorization required to implement the project;

(4)  the designation of each of the lots covered by the application, the range, the cadastre, the municipality in which each of the lots is located, the area covered by the application and the total area of the property;

(5)  a demonstration of the lack of available areas suitable for the purposes of the application elsewhere in the territory of the municipality concerned by the application and outside of the agricultural zone, where the application seeks an authorization for a new use other than agricultural;

(6)  the current use of the lots covered by the application and the description and use of the buildings and works on each lot;

(7)  for lots covered by an application for the alienation of a lot or group of lots as well as for lots kept by the applicant and lots owned by the acquirer, the list thereof, their area, range, cadastre, the municipality in which each lot is located, their use, the type of cultivation, a description of the principal farm buildings, of the housing buildings and their year of construction, the inventory of animals, the production quota and contingent for each of them;

(8)  where the application pertains to the use for a purpose other than agricultural for the purposes of exploiting resources and making embankments, a list of the uses related to the exploitation applied for and for all the new sites and enlargements of sites applied for, a demonstration that there is no site minimizing the impact on agriculture, the duration of the authorization applied for and, if applicable, the number of the prior decision of the commission;

(9)  where the application pertains to the use for a purpose other than agricultural for the purposes of storing fertilizing residual materials, the treatment required, if any, the livestock of the operator of the storage structure and the areas cultivated by the operator, the current use of the storing structure, its size and capacity, an estimate of the volume stored yearly, the destination of the fertilizing residual materials and the duration of the authorization applied for;

(10)  where the application pertains to the cutting of maple trees in a sugar bush, the projected type of cut;

(11)  the attestation by the applicant or by the applicant’s mandatary that the information provided and the documents attached are true;

B) INFORMATION PROVIDED BY THE MUNICIPALITY:

(1)  the correspondence between the municipality’s zoning by-law and the development plan in force, the compliance of the project concerned with the zoning by-law and any interim control measure;

(2)  where the project covered by the application does not comply with the zoning by-law or, if applicable, with the interim control measures, an indication as to whether a draft by-law makes the project compliant, and an indication as to whether an opinion has been issued by the regional county municipality or the metropolitan community stating that the proposed amendment would comply with the development plan or interim control measures of that regional county municipality or that metropolitan community;

(3)  only if the application is to obtain a use for a purpose other than agricultural, an indication as to whether the subject of that application constitutes a protected immovable that generates distances separating livestock facilities;

(4)  where the application is for a new use for residential purposes or for the enlargement of a residential use, the minimum area and the minimum frontage required for that use under the municipal subdivision by-law in force;

(5)  the date that the by-law directing the installation of a water or sewer system to serve each of the lots was adopted, where the lots are served by such a system;

(6)  a description of the surrounding environment, by making an inventory of all the vacant or non-vacant farm buildings located within a radius of 500 m from the location referred to in the application, the type of building or livestock, the number of animal units if applicable and, in the absence of a farm building within that 500-m radius, an indication of the distance from the nearest farm building;

(7)  the current use of the neighbouring lots;

(8)  the date of receipt of the application at the municipality’s office; and

(9)  the name, telephone number and email address of the municipal officer and the officer’s position within the municipality.

O.C. 1163-84, s. 1; Decision 2000-03-03, s. 2; Decision 2016-05-05, s. 1.

2012-09-01

1. For the purposes of section 58 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), an application for authorization shall be made on the form provided by the Commission de protection du territoire agricole du Québec and shall contain the following information:

A) INFORMATION PROVIDED BY THE APPLICANT:

(1)  the applicant’s name, address, principal occupation, home telephone number and, if any, office telephone number, and, where applicable, the mandatary’s name, address, occupation and telephone and fax numbers;

(2)  the owner’s name, address, principal occupation, home telephone number and, if any, office telephone number, where the applicant is not the owner of the lot in question;

(3)  the lot number and area of each of the lots referred to in the application, the area covered by the application, the range or the concession, the name of the cadastre, the registration division, the local municipality and the regional county municipality or community;

(4)  a description of the project referred to in the application, its total area and the type of authorization required to implement the project;

(5)  a demonstration of the lack of available areas suitable for the purposes of the application elsewhere in the territory of the local municipality outside of the agricultural zone, where the application seeks an authorization for a new use other than agricultural;

(6)  the restoration measures to be implemented, the period of authorization applied for and, where applicable, the area already developed, where the application seeks an authorization to extract material, to remove topsoil or to cut down maple trees in a sugar bush;

(7)  the type of agriculture, and a description of the livestock and of the areas under cultivation, where the application seeks the inclusion of the area in question in the agricultural zone;

(8)  the use of each of the lots referred to in the application and the description and use of any buildings erected on each of those lots;

(9)  the current use of the lots contiguous to each of the lots referred to in the application;

(10)  a complete list of the lots to be kept by the seller, the prospective purchaser’s name, address, principal occupation, home telephone number and, if any, office telephone number, and the lot number, area, range or concession, name of the cadastre, registration division, local municipality and regional county municipality or community with respect to each of the lots already owned by the prospective purchaser; and

(11)  attestation by the applicant or by the applicant’s mandatary that the information provided is accurate.

B) INFORMATION PROVIDED BY THE LOCAL MUNICIPALITY:

(1)  the use of each of the lots referred to in the application, as well as of the neighbouring lots;

(2)  the approximate distance between the nearest livestock buildings and each of the lots referred to in the application, where the application seeks an authorization to use the lots for non-agricultural purposes;

(3)  the date that the by-law directing the installation of a water or sewer system to serve each of the lots was adopted, where the lot is served by such a system;

(4)  compliance of the project in question with the municipal zoning by-law and with any interim control measures;

(5)  where the project in question does not comply with the local municipal zoning by-law or with the interim control measures, an indication as to whether a draft by-law making the project conform to the zoning by-law or to the interim control measures has been adopted and an indication as to whether a provisional opinion has been issued by the regional county municipality or community stating that the proposed amendment complies with the land use planning and development plan or any interim control measures;

(6)  the date the application was received at the local municipality’s office; and

(7)  attestation by an authorized municipal officer that the information provided is accurate.

O.C. 1163-84, s. 1; Decision 2000-03-03, s. 2.