Acquiring an existing lease on public land

One of the easiest ways of obtaining a vacation lot on public land is to acquire an existing leas from a lessee who wishes to transfer it.

To acquire or transfer a lease on public land, you must apply for a transfer of a right to occupy land. Some transfer restrictions may apply.

If the lease is managed by a delegate RCM, you must send your application directly to it. Please see the list of delegate RCMs for information on where to send your application

Before acquiring a lease, consider the following terms:

• All lease debt must be paid in full before transferring the lease.
• Any transfer may be refused if there is non-compliance. In this case, you must remedy the situation before making the transfer.
• The unused portion of the annual rent is not refundable. The lessee transferring the lease must agree with the new lessee on financial compensation for the months of rent already paid.
• The two parties are responsible for the transaction in respect of the buildings and improvements on the leased lot. Proof of the sale transaction is only required in certain exceptional cases.

To acquire an existing lease, you must:

• Complete an application to transfer a right to occupy land (in French only) (PDF 776 Kb).
• If you are acting as a representative (signatory), mandatary, legal person or partnership, attach the power of attorney or the certified copy of the resolution adopted by the board of directors or municipal council (in French only) (PDF 436 Kb) authorizing you to submit the application on its behalf.
• Sign your application in the presence of a commissioner for oaths.
• Send your duly signed form, by email or by post, to the coordinates below.
• Pay a non-refundable administrative fee of $456.45 (including GST and QST) to cover the cost of issuing the new lease.

As a result of the transfer, the new lessee enters into a new lease on the same lot for the same purpose. The new lease may contain new rights and obligations, and it is revised according to existing regulations.

The average time to process usually takes a few months. This will vary depending on the application's nature and complexity, as well as the volume of in-process applications or issues encountered during the analysis. This processing time excludes waiting periods when additional information is requested from you. It also excludes the time required for surveys and notarial acts, which, in some cases, will enable the transaction to be finalized.

Application processing includes the following steps:

• Application eligibility: This step assumes that you have completed the form, paid the administration fees, and provided all required supporting documentation.
  If your application is incomplete, you will be notified by a member of our staff. It will be put on hold until the missing documents and information are received.
• Application analysis: This step involves the land analysis, consultation with departments, agencies and Indigenous communities, and the assessment of the business plan, as appropriate.
• Decision on granting the right to use public land: If you are granted a right, you will receive an offer from the government. You will be required to pay the fees and sign the documents when requested.

Public and community development projects on public lands may be eligible for the Programme d’aide à la mise en valeur du territoire public (in French only) [Public Land Development Assistance Program].

For each step, a staff member will accompany you in the follow-up of your file.

Once your request has been processed, you will receive a letter informing you of its acceptance or refusal. If your application is accepted, the letter will be accompanied by administrative and contractual documents (e.g. lease to sign).

A lease cannot be transferred if the lessee who wishes to transfer it has received a written notice of non-compliance (e.g. non-payment of the rent, non-compliance with usage requirements, failure to respect the boundaries of the lot, failure to respect the single dwelling restriction, etc.). The lessee must first take the remedial steps required by the gouvernement du Québec before proceeding with the transfer.

If you are leasing or wish to lease a vacation lot allocated by means of a random draw, you cannot transfer the lease, except in the following cases:

• If the lease was allocated by random draw between October 2, 2010, and September 18, 2024
  • A building with a minimum value of $10,000 is constructed on the leased lot.
• If the lease was allocated by random draw as of September 19, 2024
  • A building with a minimum value of $20,000 is built on the leased lot. Fees paid for the development of the lot leased by the Minister may be included in this minimum value.
• A building on the leased lot has been sold by order of a court, sold to pay taxes, or sold to exercise a right of foreclosure.
• The lease is transferred to the spouse, father, mother, brother, sister or child of the lessee.
• The lease is transferred following the lessee’s death (see what to do if the lessee dies).

This prohibition on the lease transfer does not apply to the lessee where a 5‑year period has elapsed since the effective date of the first lease of land allocated before September 19, 2024.

The lessee must show that he or she meets one of the above conditions. The supporting documents that may be requested include:

• Valuation roll
• Birth certificate
• Marriage certificate
• Death certificate
• Sworn declaration
• Will
• Contract of sale
• Declaration of transfer of immovable property

All leases on public land are entered in the Register of the Domain of the State (in French only). You may consult the interactive map free of charge to see the leases that have been issued in a specific area.