Act respecting the preservation of agricultural land and agricultural activities
The object of the Act respecting the preservation of agricultural land and agricultural activities1 is to secure a lasting territorial basis for the practice of agriculture, and to promote, in keeping with the concept of sustainable development, the preservation and development of agricultural activities and enterprises in the agricultural zones.2
Section 3 of the Act sets out the functions of the Commission de protection du territoire agricole du Québec.
It is the function of the Commission de protection du territoire agricole du Québec to secure the preservation of the agricultural land. For that purpose, it is commissioned:3
- to decide on applications for authorization submitted to it pursuant to the Act in respect of the use, subdivision or alienation of a lot and applications for the inclusion or exclusion of a lot in or from an agricultural zone;
- to issue the operating permits required for the removal of topsoil;
- to describe, in cooperation with the local municipality, the agricultural zone in the territory of that local municipality;
- to issue a notice in any other case where a matter must be referred to it pursuant to the Act;
- to supervise the administration of this Act.
1 CQLR, c. P-41.1
2 Act respecting the preservation of agricultural land and agricultural activities, CQLR, c. P-41.1, s. 1.1.
3 Act respecting the preservation of agricultural land and agricultural activities, CQLR, c. P-41.1, s. 3.
Where the commission becomes aware that a person is contravening any provision of this Act or the conditions of an authorization or permit, it may issue an order enjoining that person:4
- to effect no subdivision or work on the lot contemplated;
- to cease the contravention alleged;
- to demolish the works already executed;
- to restore the lot contemplated to its former condition.
The main restrictions are described in sections 26, 27, 28, 70 and 72 of the Act:
- No person may use a lot for any purpose other than agriculture;5
- No person may, except with the authorization of the commission, use a sugar bush situated in a designated agricultural region for any other purpose, nor fell maple trees there, except for the purposes of selection or thinning within the framework of forest management.6
- No person may, without the authorization of the commission, effect a subdivision in a designated agricultural region;7
- From the coming into force of a designated agricultural region decree, no person may remove topsoil in a reserved area or in an agricultural zone from a lot situated in a designated agricultural region, nor expand the area of such an operation already in progress on such a lot, without an operating permit issued by the commission.8 Simply removing grass represents removing topsoil.9
► DUTIES AND OBLIGATIONS OF THE BROKER
When a broker enters into a brokerage contract for the sale of an immovable subject to Act respecting the preservation of agricultural land and agricultural activities, he must ensure to check “yes” under section D2.6b) of the form Declarations by the seller of the immovable and specify that the immovable is governed by this Act.
It will then be essential for this form to be an integral part of any promise to purchase or, alternately, of any counter-proposal.
A broker representing (or providing fair treatment to) a buyer must ensure that the buyer is aware of the restrictions imposed by the Act and make any transaction proposal conditional upon obtaining the necessary authorizations from the Commission de protection du territoire agricole du Québec.
4 Act respecting the preservation of agricultural land and agricultural activities, CQLR, c. P-41.1, s. 14.
5 Act respecting the preservation of agricultural land and agricultural activities, CQLR, c. P-41.1, s. 26.
6 Act respecting the preservation of agricultural land and agricultural activities, CQLR, c. P-41.1, s. 27.
7 Act respecting the preservation of agricultural land and agricultural activities, CQLR, c. P-41.1, s. 28.
8 Act respecting the preservation of agricultural land and agricultural activities, CQLR, c. P-41.1, s. 70.
9 Act respecting the preservation of agricultural land and agricultural activities, CQLR, c. P-41.1, s. 72.
