C-61.1, r. 8.01 - Regulation respecting leases of exclusive hunting and fishing rights

À jour au 15 juillet 2025

Ce document a valeur officielle.

chapter C-61.1, r. 8.01

Regulation respecting leases of exclusive hunting and fishing rights

Act respecting the conservation and development of wildlife

(chapter C 61.1, s. 97).

CHAPTER I SCOPE

D. 18-2025, c. I.

1. This Regulation applies to exclusive hunting, fishing or trapping rights leased by the Minister pursuant to section 86 of the Act respecting the conservation and development of wildlife (chapter C-61.1), except exclusive rights granted by leases of exclusive trapping rights referred to in Division IV of Chapter II of the Regulation respecting trapping activities and the fur trade (chapter C-61.1, r. 3).

D. 18-2025, s. 1.

2. In this Regulation, unless otherwise indicated by the context,

“lease of exclusive rights for outfitting purposes” means a lease of exclusive hunting or fishing rights that grants exclusive hunting, fishing or trapping rights to an outfitting operation for the purpose of its activities. The classes of those leases are the following:

1°  lease of exclusive hunting rights for outfitting purposes;

2°  lease of exclusive fishing rights in a salmon river for outfitting purposes;

3°  lease of exclusive fishing rights in a body of water other than a salmon river for outfitting purposes;

4°  lease of exclusive fishing rights in a body of water less than 20 ha in area for outfitting purposes;

“lease of exclusive rights not for outfitting purposes” means a lease of exclusive hunting or fishing rights that grants exclusive hunting or fishing rights to a person who is not carrying on an outfitting operation. The classes of those leases are the following:

1°  lease of exclusive hunting rights not for outfitting purposes;

2°  lease of exclusive fishing rights not for outfitting purposes;

“salmon river” means a salmon river as defined in the Quebec Fishery Regulations, 1990 (SOR/90-214);

“lodging unit” means a lodging unit within the meaning of section 1 of the Regulation respecting an outfitter’s licence (chapter C-61.1, r. 20.3).

D. 18-2025, s. 2.

CHAPTER II PROVISIONS RELATING TO LEASES OF EXCLUSIVE RIGHTS THAT COVER OUTFITTING ACTIVITIES

D. 18-2025, c. II.

DIVISION I TERM AND RENT

D. 18-2025, Div. I.

3. The term of a lease is 18 years, except for a lease of exclusive fishing rights in a body of water less than 20 ha in area, the term of which is 9 years.

The lease takes effect on 1 April following the date of its signature by all the parties.

D. 18-2025, s. 3.

4. The annual rent for each of the leased exclusive rights is fixed as follows:

1°  for exclusive hunting rights: $23.97/km2;

2°  for exclusive trapping rights: $2.18/km2;

3°  for exclusive fishing rights in a salmon river, by applying the formula provided for in Schedule I;

4°  for exclusive fishing rights in a body of water other than a salmon river: $23.97/km2;

5°  for exclusive fishing rights in a body of water less than 20 ha in area: $23.97/km2.

Despite the first paragraph, the annual rent may not be less than the following amounts:

1°  for exclusive hunting rights: $217.87;

2°  for exclusive trapping rights: $21.79;

3°  for exclusive fishing rights in a body of water other than a salmon river: $217.87;

4°  for exclusive fishing rights in a body of water less than 20 ha in area: $217.87.

D. 18-2025, s. 4.

5. The annual rent of a lease is payable in a single payment,

1°  not later than 31 July of each year for exclusive hunting rights;

2°  not later than 31 July of each year for exclusive trapping rights; and

3°  not later than 31 May of each year for exclusive fishing rights.

D. 18-2025, s. 5.

DIVISION II OBTAINING A LEASE

D. 18-2025, Div. II.

6. To obtain a lease of exclusive hunting rights, of exclusive fishing rights in a salmon river or of exclusive fishing rights in a body of water other than a salmon river, a person must take part in the public call for tenders provided for in the first paragraph of section 86.1 of the Act respecting the conservation and development of wildlife (chapter C-61.1).

D. 18-2025, s. 6.

7. To obtain exclusive trapping rights, a person must hold a lease of exclusive hunting rights or a lease of exclusive fishing rights in a salmon river or in a body of water other than a salmon river.

The person must file an application therefor with the Minister.

The exclusive rights are added to the lease the person holds already and become an integral part of that lease.

D. 18-2025, s. 7.

8. To obtain a lease of exclusive fishing rights in a body of water less than 20 ha in area, a person must

1°  hold an outfitter’s licence that is not associated with any lease of exclusive hunting or fishing rights other than a lease of exclusive fishing rights in a body of water less than 20 ha in area;

2°  own a lodging unit, that is registered on the outfitter’s licence, situated in the same administrative region and less than 10 km from the territory for which a lease is requested; and

3°  where applicable, comply with the conditions set out in the applicant’s other leases of exclusive fishing rights in a body of water less than 20 ha in area, and the provisions of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the regulations that apply to those leases.

D. 18-2025, s. 8.

9. An application to obtain a lease of exclusive fishing rights in a body of water less than 20 ha in area must be filed with the Minister using the form provided for that purpose, including an action plan comprising the planning for the conservation and development of wildlife prepared for the term of the lease; and an ichthyological inventory of the body of water.

D. 18-2025, s. 9.

DIVISION III RENEWAL

D. 18-2025, Div. III.

10. A lease of exclusive hunting rights, exclusive fishing rights in a salmon river or exclusive fishing rights in a body of water other than a salmon river is renewable for a maximum of 4 consecutive 18-year periods.

D. 18-2025, s. 10.

11. To obtain the renewal of a lease referred to in section 10, the lessee must

1°  apply to the Minister using the form provided for that purpose, which includes an action plan comprising the planning for the conservation and development of wildlife prepared for the first 9 years of the lease to be renewed, not later than 1 December preceding the term of the lease; and

2°  hold an outfitter’s licence at the time of the renewal.

D. 18-2025, s. 11.

12. A lease of exclusive fishing rights in a body of water less than 20 ha in area is renewable for a maximum of 10 consecutive 9-year periods.

D. 18-2025, s. 12.

13. To obtain the renewal of a lease referred to in section 12, the lessee must

1°  apply to the Minister using the form provided for that purpose, which includes an action plan comprising the planning for the conservation and development of wildlife prepared for the term of the lease to be renewed, not later than 1 December preceding its term;

2°  hold, at the time of the renewal, an outfitter’s licence that is not associated with any lease of exclusive hunting or fishing rights, other than a lease of exclusive fishing rights in a body of water less than 20 ha in area;

3°  own a lodging unit, that is registered in the outfitter’s licence, situated in the same administrative region and less than 10 km from the territory identified in the lease; and

4°  where applicable, have complied with the conditions set out in the lessee’s other leases of exclusive fishing rights in a body of water less than 20 ha in area, and the provisions of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the regulations that apply to those leases.

D. 18-2025, s. 13.

DIVISION IV TRANSFER

D. 18-2025, Div. IV.

14. A lessee may apply for the transfer of their lease provided the lessee has sent to the Minister all the annual reports of activities in accordance with section 28 of the Regulation respecting an outfitter’s licence (chapter C-61.1, r. 20.3).

D. 18-2025, s. 14.

15. The application to transfer that lease must be filed with the Minister jointly by the current lessee and the prospective lessee, at the same time as the application to transfer the outfitter’s licence associated with the lease pursuant to section 19 of the Regulation respecting an outfitter’s licence (chapter C-61.1, r. 20.3), using the form provided for that purpose. The application must be filed along with the following documents:

1°  a copy of the promise of sale of the outfitting operation, including the buildings and structures erected in the territory Identified in the lease;

2°  at least one map to a scale of 1/20,000, or more accurate, showing the location of the lodging units in the territory that is the subject of the lease.

The application must also be accompanied by the payment of the fees payable for examination of an application to transfer a lease of exclusive outfitting rights provided for in section 12.1 of the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C 61.1, r. 32).

D. 18-2025, s. 15.

16. Where the application for transfer provided for in section 14 is accepted, the Minister notifies the applicants. The Minister transfers all the rights and obligations resulting from the lease after obtaining a copy of the act evidencing the transfer of ownership of the outfitting operation, including the buildings and structures erected in the territory that is the subject of the lease.

D. 18-2025, s. 16.

17. A lessee may apply to transfer their lease of exclusive fishing rights in a body of water less than 20 ha in area provided the lessee has sent to the Minister all the annual reports of activities in accordance with section 28 of the Regulation respecting an outfitter’s licence (chapter C-61.1, r. 20.3).

D. 18-2025, s. 17.

18. A lessee may apply to transfer a lease referred to in section 17 to a person who

1°  holds an outfitter’s licence that is not associated with any lease of exclusive hunting or fishing rights, other than exclusive fishing rights in a body of water less than 20 ha in area;

2°  owns a lodging unit, that is registered on the outfitter’s licence, situated in the same administrative region and less than 10 km form the territory that is the subject of the lease; and

3°  where applicable, has complied with the conditions set out in the transferee’s other leases of exclusive fishing rights in a body of water less than 20 ha in area, and the provisions of the Act respecting the conservation and development of wildlife (chapter C-61.1) and the regulations that apply to those leases.

D. 18-2025, s. 18.

19. An application to transfer a lease provided for in section 17 must be filed with the Minister jointly by the current lessee and the prospective lessee using the form provided for that purpose.

The application must be accompanied by the payment of the fees payable for examination of an application to transfer a lease of exclusive outfitting rights provided for in section 12.1 of the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

D. 18-2025, s. 19.

20. Where the application for transfer provided for in section 17 is accepted, the Minister notifies the applicants. The Minister transfers all the rights and obligations resulting from the lease on receipt of a copy of the act evidencing the transfer of ownership of the outfitting operation.

D. 18-2025, s. 20.

21. The acquirer of the assets of an outfitting operation following the death of a lessee may apply for the lease of exclusive rights that covers outfitting activities of the lessee to be transferred to the acquirer at the same time as the acquired applies for a licence under section 12 of the Regulation respecting an outfitter’s licence (chapter C-61.1, r. 20.3).

D. 18-2025, s. 21.

22. The acquirer of the assets of an outfitting operation following the bankruptcy of a lessee may apply for the lease of exclusive rights that covers outfitting activities of the lessee to be transferred to the acquirer at the same time as the acquirer applies for the transfer of the outfitter’s licence associated with the lease.

The application for transfer must be filed not later than 60 days following the date of the sale of the assets of the outfitting operation.

D. 18-2025, s. 22.

23. If the assets of an outfitting operation are sold or taken in payment for the exercise of hypothecary rights, the acquirer or hypothecary creditor may apply for the lease of exclusive rights that covers outfitting activities of the lessee to be transferred to the acquirer or hypothecary creditor at the same time as the acquirer or creditor applies for the transfer of the outfitter’s licence associated with the lease.

The application for transfer must be filed not later than 60 days following the date of the sale or taking in payment of the assets of the outfitting operation.

D. 18-2025, s. 23.

24. A lease of exclusive fishing rights in a body of water less than 20 ha in area may not be transferred under sections 22 or 23 if the conditions for the transfer set out in section 18 are not met.

D. 18-2025, s. 24.

25. Where the lease of exclusive rights that covers outfitting activities expires before the application for transfer provided for in sections 22 or 23, that application must be accompanied by an application for the renewal of the lease.

The term of the lease is then extended until the expiry of 90 days following the date of sale or taking in payment of the assets of the outfitting operation, as the case may be, so as to allow examination of the applications for transfer and renewal.

D. 18-2025, s. 25.

26. The application for transfer provided for in sections 22 or 23 must be filed with the Minister using the form provided for that purpose and, where a hypothecary right has been exercised, the application must be accompanied by proof of the exercise of the right.

The application must also be accompanied by the payment of the fees payable for examination of an application to transfer a lease of exclusive outfitting activities provided for in section 12.1 of the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

D. 18-2025, s. 26.

27. Where the application for transfer provided for in sections 22 or 23 is accepted and the outfitter’s licence associated with the lease has been transferred to the applicant or an outfitter’s licence has been issued to the applicant, as the case may be, the Minister notifies the applicants. The Minister transfers all the rights and obligations resulting from the lease on receipt of a copy of the act evidencing the transfer of ownership of the outfitting operation, including the buildings and structures erected in the territory that is the subject of the lease.

D. 18-2025, s. 27.

DIVISION V CONDITIONS FOR ACCESS TO AND FOR THE PRACTISING OF A RECREATIONAL ACTIVITY OTHER THAN THOSE REFERRED TO IN A LEASE

D. 18-2025, Div. V.

28. A person who accesses a territory in which exclusive rights that covers outfitting activities have been leased to practise a recreational activity other than provided for therein must register with the lessee when the outfitting operation of the lessee is in a period of harvesting, except when accessing to trap in the location that is assigned to that person in a beaver reserve in accordance with the Regulation respecting beaver reserves (chapter C-61.1, r. 28).

The period of harvesting means the period in the year when the lessee offers activities for which the lessee has obtained exclusive hunting, fishing or trapping rights.

D. 18-2025, s. 28.

29. The lessee must offer the persons referred to in section 28 a registration service in at least one easily accessible location allowing them to register on site.

D. 18-2025, s. 29.

In force: 2027-04-01

30. The lessee must post, in a manner that is visible from all access routes to the territory identified in the lease,

1°  the mandatory registration period as defined in the second paragraph of section 28;

2°  the various registration methods and procedures offered; and

3°  the location of the place where it is possible to register on site.

D. 18-2025, s. 30.

31. The lessee must keep a register containing the following information that is gathered during the registration:

1°  the surname, given name and address of the person who is registering;

2°  the period of the stay in the territory;

3°  the recreational activity that will be practised and the location;

4°  the date of the registration.

The information must be kept by the lessee for at least 3 years.

D. 18-2025, s. 31.

CHAPTER III PROVISIONS RELATING TO LEASES OF EXCLUSIVE RIGHTS THAT DO NOT COVER OUTFITTING ACTIVITIES

D. 18-2025, c. III.

DIVISION I TERM AND RENT

D. 18-2025, Div. I.

32. The term of a lease is 6 years.

The lease takes effect on 1 April following the date of its signature by all the parties.

D. 18-2025, s. 32.

33. The annual rent of a lease, for each of the exclusive rights leased, is fixed as follows:

1°  for exclusive hunting rights: $23.97/km2;

2°  for exclusive fishing rights: $77.75/km2.

Despite subparagraph 1 of the first paragraph, the annual rent for exclusive hunting rights may not be less than $217.87.

D. 18-2025, s. 33.

34. The annual rent of a lease is payable in a single payment

1°  not later than 31 July of each year for exclusive hunting rights; and

2°  not later than 31 May of each year for exclusive fishing rights.

D. 18-2025, s. 34.

DIVISION II OBTAINING A LEASE

D. 18-2025, Div. II.

35. To obtain a lease of exclusive hunting rights, an applicant must take part in the public call for tenders provided for in the first paragraph of section 86.1 of the Act respecting the conservation and development of wildlife (chapter C-61.1) and meet the following conditions:

1°  be a non-profit organization dedicated solely to the administration of the operating territory identified in the lease and have the purpose of reestablishing or maintaining the minimum level of wildlife conservation and ensuring the protection of the species of wildlife in the territory identified in the lease, and maintaining or improving accessibility to wildlife resources by promoting public involvement in the restoration of habitats and in the preservation of a quality environment for the development of wildlife;

2°  have at least one third of directors who are natural persons;

3°  have not more than two thirds of the directors who are from enterprises or organizations whose head office or principal establishment is situated in the same administrative region as the operating territory identified in the lease, unless the operating territory is situated on the territories of 2 municipalities whose population combined is less than 500 inhabitants.

D. 18-2025, s. 35.

36. To obtain a lease of exclusive fishing rights, an applicant must meet the conditions set out in section 35, except the requirement to take part in the public call for tenders, and apply to the Minister using the form provided for that purpose accompanied by

1°  an action plan comprising a planning for the conservation and development of wildlife prepared for the term of the lease;

2°  a copy of the letters patent of the applicant; and

3°  a copy of the internal by-laws of the applicant.

D. 18-2025, s. 36.

DIVISION III RENEWAL

D. 18-2025, Div. III.

37. A lease is renewable for a maximum of 15 consecutive 6-year periods.

D. 18-2025, s. 37.

38. To obtain the renewal of a lease, the lessee must

1°  apply to the Minister using the form provided for that purpose, which includes an action plan comprising the planning for the conservation and development of wildlife prepared for the term of the lease to be renewed, not later than 1 December preceding the date of expiry of the lease;

2°  send with the application a copy of an insurance policy in force for at least $2,000,000 covering the risks related to the administration of the harvesting territory referred to in the lease; and

3°  provide the Minister with all annual reports and proposed tariffing required under the lease.

D. 18-2025, s. 38.

CHAPTER IV BUILDINGS AND STRUCTURES

D. 18-2025, c. IV.

DIVISION I STANDARDS AND REQUIREMENTS REGARDING CONSTRUCTION AND LOCATION

D. 18-2025, Div. I.

39. No lodging units may be erected on lands in the domain of the State for the following classes of leases:

1°  a lease of exclusive hunting rights that does not cover outfitting activities;

2°  a lease of exclusive fishing rights that does not cover outfitting activities;

3°  a lease of exclusive fishing rights in a body of water less than 20 ha in area that covers outfitting activities.

D. 18-2025, s. 39.

40. The buildings and structures erected by the lessee in the territory of a lease must be designed in such a manner as to develop the utilization of wildlife resources by meeting the following standards and conditions regarding construction and location:

1°  they are compatible with the action plan prepared by the lessee and the wildlife profile of the territory defined by the Minister;

2°  they are built outside of the sensitive areas of the territory defined by the Minister;

3°  they are situated more than 30 m from the boundary of the littoral zone of the bed of any body of water, except for buildings or structures whose impact on the environment is low and that are accessory to the practice of hunting, fishing or trapping activities, such as a wharf, a tree stand, a trail to access a body of water or a launching ramp.

D. 18-2025, s. 40.

41. As soon as the construction work for which the lessee received an authorization under section 88 of the Act respecting the conservation and development of wildlife (chapter C-61.1) is completed, the lessee must inform the Minister of the result of the work using the form provided for that purpose, accompanied by the following documents:

1°  the final work plan;

2°  photos of all buildings and structures.

D. 18-2025, s. 41.

DIVISION II COMPENSATION AND PURCHASE

D. 18-2025, Div. II.

42. The buildings and structures of a lessee that do not meet the standards and requirements regarding construction and location provided for in Division I of this Chapter and that have not been authorized by the Minister under section 88 of the Act respecting the conservation and development of wildlife (chapter C-61.1) may not be the subject of compensation or a purchase under section 91 of the Act.

D. 18-2025, s. 42.

43. The compensation payable under section 91 of the Act respecting the conservation and development of wildlife (chapter C-61.1) is fixed, if the remaining term of the lease is more than 9 years, over a maximum period of 9 years.

D. 18-2025, s. 43.

44. Despite section 42, a building or a structure of an outfitting operation that does not meet the standards and requirements regarding construction and location provided for in Division I of this Chapter but whose construction, enlargement, change of use or remodelling was authorized by the Minister before 1 April 2025 may be the subject of compensation or a purchase in accordance with this Division.

D. 18-2025, s. 44.

CHAPTER V ADJUSTMENT

D. 18-2025, c. V.

45. The annual rents that are payable under this Regulation, and variables «Kt» and «Ke» provided for in Schedule I are adjusted annually on 1 April of each year by applying, to their value of the preceding year, the percentage of annual variation, calculated for the month of June of the preceding year, of the Consumer Price Index (CPI) published by Statistics Canada.

The Minister publishes the result of the adjustment in Part 1 of the Gazette officielle du Québec.

D. 18-2025, s. 45.

CHAPTER VI TRANSITIONAL

D. 18-2025, c. VI.

46. Not later than 1 December 2025, a lessee must send to the Minister, using the form provided for that purpose, the inventory of buildings and structures situated in the territory that is the subject of the lease and erected to develop the utilization of wildlife resources.

D. 18-2025, s. 46.

CHAPTER VII FINAL

D. 18-2025, c. VII.

47. (Omitted).

D. 18-2025, s. 47.

SCHEDULE I

(ss. 4 and 45)

ANNUAL RENT OF A LEASE OF EXCLUSIVE FISHING RIGHTS IN A SALMON RIVER

The annual rent of the lease of exclusive fishing rights in a salmon river is calculated using the following formula:

Kt ×	(L × A)	× C + Ke × (S × P)
	1.6

For the purposes of this formula,

“Kt” means the territorial constant, equivalent to $65.38;

“L” means the length of the river under lease, in kilometres;

“A” means the accessibility of the river on a scale from 1 to 6, where 1 corresponds to rivers not accessible by road and 6 corresponds to rivers along asphalted roads;

“C” means the class of outfitter’s licence held by the lessee, which corresponds to one of the following factors:

1° for the holder of a resident outfitting licence: 1;

2° for the holder of a non-resident outfitting licence: 5;

“Ke” means the resource development constant, equivalent to $17.43;

“S” means the annual average number of Atlantic salmon taken, calculated over a 10-year period ending at the end of the year preceding the billing of the annual rent and excluding years in which no Atlantic salmon were taken;

“P” means the value associated with the average annual weight of Atlantic salmon taken, calculated over a 10-year period ending at the end of the year preceding the billing of the annual rent and excluding years in which no Atlantic salmon were taken. The value is fixed as follows:

1° in the case of an average annual weight of 2 kg or less, the value corresponds to 1;

2° in the case of an average annual weight of more than 2 kg, the value is increased by 0.1 for each 0.5 kg exceeding 2 kg.

D. 18-2025, Sch. I.

REFERENCES

O.C. 18-2025, 2025 G.O. 2, 504