Legal framework for the 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. It is not possible to own them, no matter how long they’ve been occupied, unless purchased from the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs.

The Ministère oversees the integrity and management of the water property in the domain of the State, which consists of the beds of Québec’s public lakes and water courses.

The Ministère is responsible for the fulfillment of ownership management tasks. This mainly involves the following:

• 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 government entities
• Collaborating with the Ministère des Ressources naturelles et des Forêts (MRNF) in regard to State land surveys, the cadastral renewal program; and assignement, e.g., the creation of regional parks.

Application to the Ministère is required in order to begin or continue water property occupation.

Management of water property in the domain of the State is supported by several laws and regulations.

Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs

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 the State.

Watercourses Act

The Watercourses Act  (in French: Loi sur le régime des eaux, or LRE) is the enabling statute for the Regulation respecting the water property in the domain of the State (in French: Règlement sur le domaine hydrique de l’État.) It provides oversight for the following:

• Granting rights on State-owned lake and watercourse beds
• Usage of water property in the domain of the State
• Authorization of hydraulic energy operations (Ministère de l’Économie, de l’Innovation et de l’Énergie).

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 the following:

• Issuing an occupation licence
• Leasing a parcel of water property
• Selling a backfilled parcel of water property
• Establishing servitudes

The regulation also authorizes selected occupation rights at no charge, such as for floating platforms and boathouses, which do not require ministerial authorization.

The waterfront property owners benefit from accessory real rights (rights attached to a principal asset such as a residence) derived from the right of ownership. Case law has specifically established the following rights:

• Access to water 
• Domestic use rights
• Navigation rights
• Anchoring and mooring rights.