Lease for occupation of water property in the domain of the State

The Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks is responsible for granting for profit, not-for-profit and public access leases.

Prolonged occupation of water property in the domain of the State does not exempt you from obtaining a lease. The notion of “acquired rights” does not apply to the occupation of lands that are part of the domain of the State. State lands, including water property, cannot be acquired through occupation, prescription or accession.

As a result, any construction on water property in the domain of the State, regardless of the year in which it is carried out, requires the granting of a right by the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs.

Leases must be applied for when installing or maintaining the following: 

• Docks and/or boathouses on rock caissons, concrete bases, etc.
• Backfill
• Boat ramps
• Jetties
• Breakwaters
• Marinas
• Aquaculture sites

A lease is also required for occupation without structures, such as a beach.

If you are not the owner of the riparian land adjacent to the water property in the domain of the State, the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs must ensure that it obtains the comments of the owner of the adjacent riparian land concerned.

A lease only regularizes the occupation of a structure on water property in the domain of the State. It does not authorize the installation of structures or the carrying out of work on bodies of water. 

Before submitting your application, other steps may be required.

Preliminary steps 

Depending on your situation, you may need to take the following steps before applying for your lease.

Attestation of municipal compliance

Individuals that wish to add new structures or modify an existing structure are required to submit an Attestation of compliance with municipal bylaws (PDF 209 Kb) (French) signed by the clerk or secretary-treasurer of the municipality concerned. The attestation certifies project compliance with current municipal bylaws.

Application for ministerial authorization

Before installing a new structure or modifying an existing one, you need to obtain ministerial authorization. To learn more about the types of activities covered and how to apply, visit the Ministerial Authorization (French) page.

For more information, please contact the appropriate regional office concerned.

Obtaining a resolution

When a legal person (such as a company or a municipality) submits an application for rights, it must provide a resolution specifying the intended use of the leased premises (for-profit or non-profit, private or public). The resolution must also authorize a representative to sign on behalf of the applicant.

Fill out the online form (French). In the application identification section, select "Application to grant rights” (in French: Demande d’octroi de droits.) You will receive an acknowledgement of receipt.

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 shows that the structure is located on water property in the domain of the State, processing of your file will continue. Additional information may be requested, as required.

During its review, the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs determines whether a sketch  or a certificate of location is required.

Once all documents have been received, the applicant signs the draft lease. This is when payment of the first year of rent is required.

Upon receipt of the duly signed draft lease and payment, the lease will be forwarded to the Ministère for signature, and a copy will be returned to you.

Preparing a sketch or lease plan

For lease applications, depending on the structure(s) concerned, you must prepare a sketch or, at your own expense, engage a private sector land surveyor to produce a lease plan.

You must prepare a sketch (PDF 296 Kb) (in French), in particular, for the following structures:

• Floating, pile-supported or wheeled platforms that can accommodate fewer than eight watercraft;
• Landings;
• Jetties;
• Docks or boathouses (on rock caissons, concrete bases, etc.) that can accommodate fewer than eight watercraft;
• Boat ramps.

You must engage a private sector land surveyor to produce a lease plan in order to regularize, in particular, the following structures:

• Breakwaters;
• Docks or platforms that can accommodate more than eight watercraft;
• Any structure forming part of a marina;
• Backfill.

In certain cases, the certificate of location (plan) for the adjacent riparian property may replace the lease plan to show the area occupied by a backfill on water property in the domain of the State. Following analysis of the file, the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs will determine whether the certificate of location is sufficient to represent the leased parcel.

The surveyor will need to download the files (ZIP 3.40 Mb) (French) needed to perform the mandate and submit the preliminary certificate to domaine.hydrique@environnement.gouv.qc.ca. The certificate will then be reviewed, with comments added. All information needed to produce the final version will be forwarded by a Ministère surveyor.

The costs of preparing a certificate of location by a mandated surveyor are borne by the applicant.

The surveyor will need to download the files (ZIP 3.40 Mb) (ZIP 3.40 Mb) (French) needed to perform the mandate and submit the preliminary certificate to domaine.hydrique@environnement.gouv.qc.ca. The certificate will then be reviewed, with comments added. All information needed to produce the final version will be forwarded by a Ministère surveyor.

The costs of preparing a certificate of location by a mandated surveyor are borne by the applicant.

Generally speaking, the duration of leases is one year, renewable on a year-by-year basis.

However, leases granted by the Ministère have a maximum life of 25 years. Consequently, leases that have reached this sunset cannot be used for transfers of rights and obligations, or renewals. In such cases, a new application for rights is required. The annual rent will be calculated on the basis of conditions in effect when the new right is issued.

Before setting the annual rent, the Ministère must first determine the value of the particular parcel of the water property in the domain of the State. The amount is established by applying the standardized unit rate per square metre for the waterfront property adjacent to the water property in the domain of the State. However, this unit rate may not exceed the maximum unit rate applicable in the municipality where the land is located. The rent then varies depending on the use (for-profit or non-profit). Federal and provincial consumption taxes (GST and QST) apply to the rent.

The final amount of rent will be determined by the Ministère on the basis of conditions in effect at the time the right is granted.

The Minister is authorized to revise the annual rent paid by the lessee at three-year intervals, to take account of changes in land values.

The following information is needed to calculate the approximate rent:

• Value of the adjacent waterfront property (without buildings)
• Size of the parcel as shown in the municipal tax assessment
• Comparative factor
• Size of the rental

Most of the above information can be found on the municipal tax bill for the adjacent waterfront property.

When a new lease is issued, your annual rent must be paid in one of the following ways:

• by cheque or postal money order payable to the Minister of Finance of Québec;
• by using the Invoice payment online service. You will need your invoice number and your customer number.

Each year, you will receive your invoice three months prior to the lease renewal date.

If payment is not made within 30 days of the invoice date, you will receive a statement of account, including interest, from the Ministère.