act respecting the preservation of agricultural land and
TRANSCRIPT
Act respecting the preservation of agricultural land and agricultural activities
GUIDE FOR FILLING OUT:the declaration form for the exercise of a right
ORthe document for verifying a right
Notice to readers: This document complies with Québec government standard S G Q R I 0 0 8 - 0 2 on the accessibility of downloadable documents. If you experience difficulties, please contact us at: 1 800 3 6 1 – 2 0 9 0.
1Commission de protection du territoire agricole
EXAMPLE OF A PLAN
With your declaration form for the exercise of a right or your document for verifying a right, you must enclose a plan showing the precise location of your project.
Below is an example of a plan detailing the relevant elements that must be indicated on the plan enclosed, which are necessary for a clear understanding of your file.
2Commission de protection du territoire agricole
TRANSMISSION PROCEDURE
IMPORTANTWe invite you to keep, for your files, copies of all the documents enclosed with this declaration or verification, as they will not be returned to you. The file will be opened upon receipt of a complete documentation. A file that is incomplete due to the omission of certain documents and information will be returned to the sender.
The Commission recommends that you send the documents electronically by using the service available on the home page of the website www.cptaq.gouv.qc.ca, by clicking on Transmettre des pièces électroniques. The payment, however, must be sent by mail, accompanied by the number of the electronic transaction. For the applicable fees, please refer to the rates in effect, available at www.cptaq.gouv.qc.ca at the following path: Accueil/Documents/Frais applicables.
Electronic transfer must be used when the format of paper documents is not listed in the following table, or when documents are over 25 pages long.
DOCUMENT FORMATS
Document Electronic* Paper
Plan
Georeferenced files:• SHP (Shapefile)• DXF• DWG, etc.
and:• PDF format
8.5" x 11"
8.5" x 14"
11" x 17"
Other documents PDF
8.5" x 11"
8.5" x 14"
11" x 17"
*recommended formats
ADDRESS FOR SUBMITTING THE FORM AND PAYMENT
Commission de protection du territoire agricole du Québec200, chemin Sainte-Foy, 2e étageQuébec (Québec) G1R 4X6
FOR INFORMATION
Québec: 418 643-3314 or toll free 1 800 667-5294Longueuil: 450 442-7100 or toll free 1 800 361-2090
3Commission de protection du territoire agricole
GLOSSARY •
Note: The following explanations do not constitute legal definitions. They are aimed at making the forms easier to understand and clarifying certain terms used.
Terms Explanations
Area
The areas concerned must be expressed in hectares.1 hectare = 10 000 square metres or 2.92 square arpents or 2.47 acres or 107 640 square feet.1 square metre = 10.76 square feet.
Contiguous and deemed to be contiguous
Lots are contiguous when they share a common boundary made up of more than one point. They are deemed contiguous when they would be contiguous were they not separated by a public road, a railway, a public utility right of way, or an area of land in respect of which a right is recognized by the Act.
Declarant Person who declares the right or privilege invoked.
Decree
Administrative act by which the State establishes the date of coming into force of the agricultural zone in the designated territory. Six (6) decrees came into force in Québec between November 9, 1978 and November 7, 1981. Consult the “Documents” section of our website to find out the date of coming into force of the decree in your region: http://www.cptaq.gouv.qc.ca/index.php?id=119&MP=18-143.
Financial documentsIncome tax return, tax slips, financial statements, pay statement, record of employment.
Land title Document certifying the ownership of a property (immovable, parcel of land, etc.).
Mandatary Person you designate to file your declaration or verification of rights.
Municipal certificateLetter signed by a municipal officer certifying the date of coming into force of the loan by-laws authorizing the public water and sewer services on a public road adjacent to the lot concerned by the declaration.
Scale
The average ratio between the real distance measured on the surface of the land and the distance measured on the plan. For example, a distance of 1 cm on a 1/1000 scale plan corresponds to a distance of 10 m on the parcel of land. The scale may also be written as follows: 1 cm = 10 m.
Section 40
In a reserved area, a natural person whose principal occupation is agriculture may, without the authorization of the commission, erect on a lot which he owns and where he carries on his principal occupation a residence for himself, for his child or for his employee.A legal person or partnership that carries on agricultural operations may also erect a residence for a shareholder or member whose principal occupation is agriculture on a lot which is owned by that legal person, partnership, shareholder or member and where that shareholder or member carries on his principal occupation.A legal person or partnership that carries on agricultural operations may also erect, on such a lot, a residence for a child of the shareholder or member or for an employee assigned to the agricultural operations of the legal person or partnership.Erecting a residence under this section does not exempt the lot or part of a lot on which it is erected from the application of sections 28 to 30.
Verification of rights
Verification of the existence of a personal or real right with regard to a property. It is not a declaration required by the Act for the issue of a building permit or the alienation of an area of land in respect of which a right is recognized. The reply you obtain will be valid only for the time when the right was verified. It will be established on the basis of the evidence sent by you and verified by us.
End of document