Occupation licences for water property in the domain of the State

The Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks is responsible for issuing not-for-profit occupation licences.

Prolonged occupation of water property in the domain of the State does not exempt you from obtaining an occupation licence. 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.

Anyone may apply for an occupation licence on water property in the domain of the State. However, if you do not own the adjacent riparian land, its owner may provide the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs with comments on your application.

You must apply for an occupation licence to install or maintain a structure on water property in the domain of the State. The type of licence required depends on the use of the structure.

Non-profit occupation

You may apply for a non-profit occupation licence for the following structures:

• A platform, either floating with removable anchorage or on piles, piers or wheels, intended to accommodate six watercraft or fewer, whose area exceeds 30 m² or that occupies more than one tenth of the width of the watercourse at that location;
• A pile-supported boathouse whose area exceeds 30 m² or that occupies more than one tenth of the width of the watercourse at that location, or that is used for residential purposes;
• A structure that does not meet the conditions for an authorization exemption;
• A structure used for water intake or discharge;
• A structure designed to protect shorelines from erosion, subsidence, landslides or flooding;
• A bridge whose foundations on the bed of the water property do not occupy more than one tenth of the width at the location where it is installed;
• A cable, pipe or structure (other than a jetty) providing a link or communications between shorelines;
• A minor seasonal or temporary structure (such as a yurt or inflatable play equipment).

For-profit occupation

You may apply for a for-profit occupation licence for the following structures:

• A platform, floating with removable anchorage or on piles, piers or wheels, intended to accommodate six watercraft or fewer or that occupies more than one tenth of the width of the watercourse at that location, except when it is used in a marina;
• A pile-supported boathouse whose area exceeds 30 m² or that occupies more than one tenth of the width of the watercourse at that location, or that is used for residential purposes;
• A pipe or cable intended for public utility purposes, including gas, water or telecommunications;
• A minor seasonal or temporary structure (such as a yurt or inflatable play equipment);
• A structure that does not meet the conditions for an authorization exemption.

An occupation licence 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 for an occupation licence, other steps may be required.

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

Attestation of compliance with municipal bylaws

If you wish to install a new structure or modify an existing one, you must have an attestation of compliance with municipal bylaws (PDF 209 Kb) completed and signed by the clerk or the secretary-treasurer of the municipality concerned. This attestation certifies that the structure complies with the municipal bylaws in force.

Application for ministerial authorization

Before installing a new structure or modifying an existing one, you may be required to obtain ministerial authorization. To learn more about the types of activities covered and how to submit an application, consult the Ministerial Authorization page (in French).

For further information, please contact the appropriate regional office.

Complete the online form. In the application identification section, select “Application to grant rights” or “Application to modify a right.” You must also prepare the Sketch for a lease or occupation licence application (Appendix E) (PDF 296 Kb) (in French).

A preliminary review of your application will then be carried out, free of charge.

If the review shows that the structure is not located on water property in the domain of the State, you will be notified in writing and your file will be closed.

If the review shows that the structure is located on water property in the domain of the State and that the type of right applied for is confirmed, processing of your file will continue. Additional information may be requested, as required.

If your file is deemed admissible, you will be sent a request to pay the cost of your occupation licence, including applicable taxes (GST and QST).

The cost of the licence varies depending on the type and number of structures concerned and on the nature of the occupation (for-profit or non-profit).

Where the structure concerned is a bridge, cable, pipe or structure (other than a jetty) providing a link or communications between shorelines, the amount payable is calculated on the basis of the number of linear metres of the structure.

Applicable rates are updated on April 1 of each year. Consult the fee scale to find out the rates in effect.

Payment may be made:

by cheque or postal money order payable to the Minister of Finance of Québec;

through the online payment service.

Once payment has been received, you will be issued the original occupation licence.

The occupation licence is valid for one year. It is automatically and free of charge renewed on a year-by-year basis, subject to exceptions.

The term of an occupation licence may not exceed 25 years when it is issued for the following structures:

• A bridge whose foundations on the bed of the water property do not occupy more than one tenth of the width at the location where it is installed (non-profit occupation licence);
• A cable, pipe or structure (other than a jetty) providing a link or communications between shorelines (non-profit occupation licence);
• A pipe or cable intended for public utility purposes, including gas, water or telecommunications (for-profit occupation licence).

A new licence must be applied for when a structure changes ownership.

The licence is cancelled when the occupation for which it was granted ends. It may also be revoked by the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks if the conditions set out in the occupation licence are not complied with.