Management of water property in the domain of the State
Water property in the domain of the State may, under certain conditions, be occupied free of charge without authorization from the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks.
An owner of shoreline property adjacent to water property in the domain of the State or their authorized assignee may, without authorization from the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks, occupy a parcel of the facing State water property free of charge. Exceptions to thisinclude:
Nonetheless, structures covered by an exemption must in all cases meet the followingcriteria:
Be floating, moveable or onpiles
Not exceed 20m2 in size
Not exceed 1/10 of the width of thewatercourse
Where the size of installed structures exceeds 20m2, applications for the granting of rights arerequired.
It is important to mention that the concept of “acquired rights” does not apply to the occupation of lands that are part of the domain of the State. Under section 916 of the Civil Code of Québec, State property cannot be prescribed. Thus, regardless of the year of construction of a structure, its presence constitutes an occupation of the water property in the domain of the State, and this situation, once known, must be regularized by the granting of a right by the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs.