Management of water property in the domain of the State
Lac Saint-François—St. Lawrence River mutual transfer of rights
The Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks is authorized to transfer parcels of the water property in the domain of the state here, subject to certain conditions.
Transfer requests can only be applied for by owners of riparian parcels that front the lac Saint-François/St. Lawrence River area. The granting process is somewhat unique here, since a water retention structure at the outlet of the lake maintains the water level at an average elevation that is higher than prior to construction of the dam.
To facilitate the delimitation of water property affected by the construction of the retention structure, the Minister is authorized to transfer parcels of the water property in the domain of the State for one dollar ($1) plus applicable taxes. The transfer only applies to the occupation of backfill in the raised parcel of the lake bed, at the foot of which water level submergence does not exceed 2.5 feet, which is the rise caused by dams when the lake level is maintained at a geodetic elevation of 152 feet. Where water level submergence exceeds 2.5 ft and there is backfill overage, a sale may occur.
Special provisions apply to the following municipalities:
- Coteau-du-Lac (partial)
- Les Coteaux
The Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs will require receipt of a fully executed (by the municipality) Notice to the municipality concerning an application for alienation (sale-transfer) (PDF 188 Kb) (French).
Submitting an application
Fill out the Application to grant or modify rights (French) form online. An acknowledgement of receipt will be provided once the application has been submitted.
Applications are reviewed on a preliminary basis, free of charge.
If the review concludes that the structures are not located on water property in the domain of the State, written notification will be sent and the file will be closed.
If the review determines that the structures are located on water property in the domain of the State and the type of right applied for is confirmed, processing of the file will continue. This is when payment of administrative fees and applicable taxes will be required. Additional information may be requested.
Applicants are authorized to hire a land surveyor at their own expense in order to determine the boundaries of occupation that qualify for transfer. Information needed for land survey documents will be provided to the surveyor by the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs. Following approval of the land survey documents by the Ministère, the mandated surveyor is required to forward the documents to the Bureau de l’arpenteur général du Québec (BAGQ) for final approval.
Only after all of the above steps have been successfully concluded will the Ministère send an offer of mutual transfer of rights. The applicant will then have 90 days to accept the offer and hire a notary to complete the mutual transfer of rights at their own expense.
The notary will need to contact the Ministère by email at the following address: email@example.com for instructions and the model of deed to use. There will also be back-and-forth communication between the notary and the Ministère to ensure that the final version of the deed meets all requirements.
The deed will be signed by the representative of the Ministère before a notary delegate. The original will be forwarded to the hired notary for deed closing in the presence of the applicant.
The mutual transfer of rights becomes effective on the date of the deed of transfer and publication in the Land Register by the notary mandated by the purchaser.
Last update: November 1, 2023