Purchasing a backfilled parcel of water property in the domain of the State

The Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks is authorized to sell parcels of land in the domain of the State that have been backfilled, subject to conditions.

A backfilled parcel, or backfill, is a mass of material (earth, sand, etc.) used to raise a plot of land or to fill an excavation or depression. It is synonymous with median strip.

In the past, many backfills were built directly in the bed of the watercourse. In several cases, these backfills were made by former owners long before the current owners acquired the land adjacent to the backfilled parcels.

Although a number of backfills have existed for many years, prolonged occupation of the water structure in the domain of the State does not exempt you from regularizing this occupation. 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, the construction of a backfill 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.

A backfilled parcel of land creates an occupation without a deed. The most effective way of obtaining clear title to a parcel and legalizing its occupation is through purchase. As well, it can facilitate the process of securing municipal authorizations when putting a property up for sale.

If the purchaser is a municipality, the Minister is authorized to sell a parcel of the water property in the domain of the State at a preferential rate, under specific conditions for specific defined cases. The parcel sold must be used for non-profit public purposes that involve a concrete, viable and achievable short-term project.

If you do not own the waterfront property that is 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 is required to notify the owner of the adjacent waterfront property about comments they may wish to submit on any potential impact of this purchase on their riparian rights. The Ministère will take the comments into consideration in rendering its decision. 

Submitting an application

Fill out the online form (French). In the application identification section, select “Application to grant rights” (in French: Demande d’octroi de droits.) 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 concludes 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 the administrative fees and applicable taxes is required. Additional information may be requested.

Applicants are authorized to hire a land surveyor to identify the parcel to be purchased, at their own expense. The information needed to produce the survey documents will be provided to the mandated 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 forward an offer to sell. Applicants will then have 90 days to accept the offer and hire a notary at their own expense to complete the mutual transfer of rights.
    
The hired notary will need to contact the Ministère by email at the following address: domaine.hydrique@environnement.gouv.qc.ca to receive instructions and which 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, with the applicant present.

The sale of a backfilled parcel becomes effective on the date of closing and publication by the mandated notary in the Land Register.

Administrative fees (French) and applicable taxes are payable when the purchase application is filed, and are not refundable since they cover the cost of file review.

If the backfilled parcel is deemed eligible for sale, any rent you have already paid (excluding taxes) will be deducted from the sale price. Rent paid by the previous owner or by a legal person is not, under any circumstances, deductible from the sale price. The balance of the sale price is subject to applicable taxes.

The sale price is generally set at 50% of its value. However:

• Where the backfilled parcel is no longer bounded by water, the sale price is set at 25% of its value;
• After deduction of rent, the balance of the sale price may not be less than the minimum sale price stipulated in the Regulation respecting the water property in the domain of the State.

The final sale price will be determined by the Ministère on the basis of the conditions in effect at the time the offer to sell is made.

The final sale price will be determined by the Ministère on the basis of conditions in effect at the time the right is issued.

The following information is needed for calculating the approximate sale price:

• The value of the river parcel, excluding buildings
• The size of the land, per the municipal tax roll
• The comparative factor
• The size of the property to be purchased

Most of the above information can be found on the municipal tax bill.