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.