C-47.1 - Municipal Powers Act

Section 72 Disposition versions

2011-06-13

72. A road open to public traffic for 10 years or more becomes the property of the local municipality upon the observance of the following formalities prescribed by this paragraph:

(1)  the municipality adopts a resolution identifying the road concerned, either by its cadastral designation if the site of the road corresponds to that of one or more whole lots of the cadastre in force or, otherwise, by a technical description prepared by a land surveyor;

(2)  if applicable, a copy of the technical description, certified by a land surveyor, is filed with the office of the municipality; and

(3)  the municipality has a notice published twice in a newspaper in its territory. The notice must contain

(a)  the full text of this section;

(b)  a summary description of the road concerned;

(c)  a declaration that the formalities prescribed by subparagraphs 1 and 2 have been observed.

The second publication must be made after the 60th and not later than the 90th day following the first.

If registration is required by law, the municipality submits to the minister responsible for the cadastre a cadastral plan showing both the part of the road that has become its property because of this section and the remaining part. In addition, the municipality must give notice of the deposit to any person whose address has been registered in the land register, but the consent of the creditors or the beneficiary of a declaration of family residence is not required in order to obtain the new cadastral numbering.

The municipality publishes in the land register a statement referring to this section that includes the cadastral description of the land concerned and states that the formalities prescribed in the first three paragraphs have been observed.

A right that third parties might claim to the ownership of the site of the road in question is prescribed unless the appropriate recourse is exercised before the competent court within three years after the last publication prescribed in subparagraph 3 of the first paragraph.

The municipality cannot apply this section to a road on which it has levied a tax within the preceding 10 years.

2005, c. 6, s. 72; 2006, c. 60, s. 61; 2011, c. 11, s. 9.

2006-12-14

72. A road open to public traffic for 10 years or more becomes the property of the local municipality upon the observance of the following formalities prescribed by this paragraph:

(1)  the municipality approves by resolution a technical description, based on the cadastre in force and prepared by a land surveyor, of the land occupied by the road to which it proposes to apply this section;

(2)  a copy of the description, certified by a land surveyor, is filed with the office of the municipality;

(3)  the municipality has a notice published twice in a newspaper in its territory. The notice must contain

(a)  the full text of this section;

(b)  a summary description of the road concerned;

(c)  a declaration that the formalities prescribed by subparagraphs 1 and 2 have been observed.

The second publication must be made after the 60th and not later than the 90th day following the first.

If registration is required by law, the municipality submits to the minister responsible for the cadastre a cadastral plan showing both the part of the road that has become its property because of this section and the remaining part. In addition, the municipality must give notice of the deposit to any person whose address has been registered in the land register, but the consent of the creditors or the beneficiary of a declaration of family residence is not required in order to obtain the new cadastral numbering.

The municipality publishes in the land register a statement referring to this section that includes the cadastral description of the land concerned and states that the formalities prescribed in the first three paragraphs have been observed.

A right that third parties might claim to the ownership of the site of the road in question is prescribed unless the appropriate recourse is exercised before the competent court within three years after the last publication prescribed in subparagraph 3 of the first paragraph.

The municipality cannot apply this section to a road on which it has levied a tax within the preceding 10 years.

2005, c. 6, s. 72; 2006, c. 60, s. 61.

2006-01-01

72. A private road open to public traffic for 10 years or more becomes the property of the local municipality upon the observance of the following formalities:

(1)  the municipality approves by resolution a description, based on the cadastre in force, of the private road to which it proposes to apply this section;

(2)  a copy of the description, certified by a land surveyor, is filed with the office of the municipality;

(3)  the municipality has a notice published in the Gazette officielle du Québec and in a daily newspaper in the territory of the municipality twice, with an interval of not less than three months and not more than four months between publications. The notice contains

(a)  the full text of this section;

(b)  a summary description of the private road concerned;

(c)  a declaration that the formalities prescribed by subparagraphs 1 and 2 have been observed.

The municipality submits to the Minister responsible for the cadastre a cadastral plan showing the private road that has become its property because of this section. In addition, in the case of a plan involving a renumbering, the municipality must give notice of the deposit to any person whose address has been registered, but the consent of the creditors or the beneficiary of a declaration of family residence is not required in order to obtain the new cadastral numbering.

A right that third parties might claim to the ownership of the site of the private road in question is prescribed unless the appropriate recourse is exercised before the competent court within one year after the last publication in the Gazette officielle du Québec.

The municipality cannot apply this section to a private road on which it has levied a tax within the preceding 10 years.

2005, c. 6, s. 72.