MERN- Land rental and other rights




Taking part in a random draw

Private Vacation Lots offered by Random Draw

General information

Making a request

Frequently-asked questions






Géoboutique Québec

Leasing Public Land

 


Making a request


 

Who can file a request to use public land?

  • An adult
  • A public or private organization
  • A private enterprise

How to file a request to use land?

To rent, purchase, or obtain another right to use public land, you must file a request to use public land by filling out the appropriate form.

  • If you wish to use public land for private (personal, community or public utility) purposes, you must complete the form "Request for use of public land – Individual" (in French) (PDF Format, 155 Kb).
    An administrative fee of $129.92 (including QST and GST) is payable.
  • If you wish to use public land for commercial or industrial purposes, you must complete the form "Request for use of public land – Promoter" (in French) (PDF Format, 152 Kb) and read the "Guide for developers" (in French) (PDF Format, 495 Kb).
    An administrative and analysis fee of $524.28 (including QST and GST) is payable.

Important: Your request will only be processed if you use one of these forms. The old forms will be accepted until January 1, 2020.

You must also enclose certain documents with your request, including a notice of compliance with municipal by-laws (in French) (PDF Format, 107 Kb). For further details of these documents, please see the section of the form entitled “Documents complémentaires exigés”. 

Payment of fees

The required fees are payable:

  • by cheque or postal order, made out to the Ministre des Finances du Québec;
  • by credit card. You may pay by credit card, but only on certain conditions. If this is the case, we will contact you in writing.

Delegation of management to an MRC

Your project may be situated in an area for which management has been delegated to an MRC (intramunicipal public land e.g. vacation or shelter lease, sand and gravel, intramunicipal public land, regional park). If this is the case, you must contact the MRC that has signed the management agreement with the Department, in order to obtain the correct form.

For additional information, please contact the Centre de services du territoire public.

Processing of requests

When our staff receives your request (step 1 below), they send you one of the following notices:

  • Your file is complete and under analysis (steps 2 to 4).
  • Some documents are missing and your file is therefore incomplete. Your request will be put on hold until the missing documents and information are received (step 1).
  • Your request is considered ineligible.

You will be informed of the final decision (either accepted or denied) once the analysis of your request is complete. If your request is accepted (step 5), the necessary administrative and contractual documents (e.g. permit, lease to sign) will also be enclosed.

Note: Processing times may vary due to the large number of stakeholders and specialists involved in the analysis of requests.

Rental

Generally speaking, the lease of private vacation lots on public land is conducted by random draw in territories surrounding more densely populated municipalities. For remote areas that are less popular, the lots may be allocated on a first come, first served basis. These areas include certain parts of the Saguenay–Lac-Saint-Jean and Côte-Nord regions, for which the Department or delegated MRC carry out a comprehensive analysis before granting a lease. To learn more, contact the Centre de services du territoire public or the delegated MRC in question. The Department announces the draws in the fall of each year.

Mortgage Financing

To facilitate mortgage financing of buildings on public lands, the Department made a change to its standard lease by adding a waiver clause to promote accession. By virtue of this clause, the Department recognizes the full ownership of the building by the lessee, even though the land belongs to the government.

All leases issued after November 15, 2006, contain an accession clause. If you have a lease issued prior to this date and you would like a new lease that incorporates this clause, you must contact one of the Department’s regional branch offices and pay a $343 (GST and QST not included) administrative fee. However these provisions do not apply to shelter leases.

Lease Transfer

Lessees of recreational lots allocated through a random draw after October 1, 2010, may not transfer their rights in the lease for five years following the date of the first lease, unless one of the three following transfer conditions is met:

  • The lessee has constructed a building worth at least $10,000 on the rented land.
  • The building on the rented land was sold through a sale by court order, tax sale, or the exercise of a mortgage right.
  • The transfer was made in favor of the lessee’s legal or common law spouse, father, mother, brother, sister, or child, or following the lessee’s death.

Fees of $343 (GST and QST not included) are required.

Purchase

Special conditions applicable to sales

Generally speaking, public land can be purchased in areas adjoining private property. The opinions of territorial partners must be taken into account and so must zoning plans. Elsewhere in Québec, the Department promote rental of public land.

Purchasing costs

When making a request to purchase public land, the client must pay:

  • an application fee of $113 (GST and QST not included).

After analysis of the file, if the request is accepted, the buyer must pay:

  • a processing fee of $1,045 (GST and QST not included);
  • the price of the property.

The buyer must also take into account the following service fees:

  • the chartered appraiser's fee, if appraisal is required;
  • the land surveyor’s fee, if surveying is required;
  • the notary’s fee, for drawing up the sales contract.

The fee to register the notarized contract at the Bureau de la publicité des droits (land registry office) must also be paid.

Other types of rights

There are many other types of rights to use public land. The main types are easements and authorizations to develop trails.

Depending on the type of right, certain fees and terms and conditions may apply. There are no free grants of public land to individuals. To obtain additional information about other types of rights to use public land, please visit the page Land rental and other rights or one of the Department's regional office.