Management of water property in the domain of the State
Legal framework for the management of water property in the domain of the State
State lands, including water property, cannot be acquired through occupation, prescription or accession. As such, private ownership is not possible, no matter the length of timeoccupied.
The Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCCFP) monitors the integrity and management of water property in the domain of the State, which comprises Québec public lake and watercoursebeds.
The Ministère is responsible for the fulfillment of ownership management tasks. This mainly involves thefollowing:
Granting rights and managing water property in the domain of the State by means of leases, licences, servitudes, acts of sufferance, sales,etc.
Transferring parcels of the water property in the domain of the State to federal and provincial governmententities
Collaborating with the Ministère des Ressources naturelles et des Forêts (MRNF) in regard to State land surveys, the cadastral renewal program; andassignement, e.g., the creation of regionalparks.
Application to the Ministère is required in order to begin or continue water propertyoccupation.
Regulatory oversight
Management of water property in the domain of the State is supported by several laws andregulations.
Act respecting the Ministère du Développement durable, de l’Environnement etdesParcs
This statute grants the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks authority over the water property in the domain of theState.
Watercourses Act
The Watercourses Act (WA) is the enabling statute for the Regulation respecting the water property in the domain of the State. It provides oversight for thefollowing:
Granting rights on State-owned lake and watercoursebeds
Usage of water property in the domain of theState
Authorization of hydraulic energy operations (Ministère de l’Énergie et des Ressourcesnaturelles).
Regulation respecting the water property in the domain of the State
The Regulation respecting the water property in the domain of the State sets out the circumstances under which the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks is authorized to consent to a right of occupation on water property in the domain of the State. Among the Minister’s powers are thefollowing:
Issuing an occupation licence
Leasing a parcel of water property
Selling a backfilled parcel of waterproperty
Establishing servitudes
The regulation also authorizes selected occupation rights at no charge, such as for floating platforms and boathouses, which do not require ministerialauthorization.