My son in law is looking to purchase a cottage in Quebec - it is zoned "green" in Fabre - which means it is zoned

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Customer: My son in law is looking to purchase a cottage in Quebec - it is zoned "green" in Fabre - which means it is zoned farmland although not farmable. He is indigenous - will this help in his purchase as there should be no borders for indigenous people - he is Oneida on the Thames
JA: Has your son-in-law talked to a Quebec lawyer about this?
Customer: No - that is what we are looking for
JA: The Lawyer will be able to walk you through that. What steps has he taken so far?
Customer: At this point it is just finding out if he should even try to place an offer on the cottage so no other steps have been taken
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so :)

Answered by Counsel Creed in 1 day 2 years ago

Counsel Creed

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Counsel Creed

2002 Satisfied customers

10+ years of experience

Counsel Creed

10+ years of experience

2002 Satisfied customers

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Counsel Creed, Expert

Hi, welcome to ***** and thank you for using our services. I am Counsel Creed. I am not sure that I quite understand your question. Are you saying that your son-in-law wants to buy this piece of land, which is zoned as "green", but does not want to farm it? And, because he doesn't want to farm it, can he be allowed to do that because he is indigenous?

Customer

It is a piece of land that is on a lake and all rock. It can't be farmed and has a cottage on it. This wasn't zoned farm land when the person who owns it bought it and put the cottage on it because it was crown land at the time. Since then the zoning changed for the entire area. Because it is zoned green Quebec only allows residents of Quebec to purchase but we were wondering if it is possible for him to purchase without being a permanent resident because he is indigenous so there shouldn't technically be borders for him or if he would have to first see if it is possible to get the zoning changed

Counsel Creed, Expert

The Quebec Act Respecting the Acquisition of Farmland by Non-residents limits the ability of "non-residents" to acquire agricultural land in the province. However, secton 2 f the Act says: "a natural person is resident in Québec if the person is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) and has lived in Québec for not less than 1,095 days during the 48 months immediately preceding the date of acquisition of farm land." So, your son-in-law being a Canadian indigenous person is also a canadian citizen and as such considered to be "resident of Quebec" and, consequently, allowed to buy this land.

Customer

Thank you very much. I will pass this information on to him

Counsel Creed, Expert

You are more than welcome. Should you have further questions feel free to contact me again. Have a great day and stay safe.

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