Le Registre du domaine de l`État

The Register of the Domain of the State
A model of Good Governance of Public Land
Daniel Roberge
Bureau de l’arpenteur général du Québec
Office of the Surveyor General of Quebec
Québec, Canada, April 26th 2012
Presentation plan
 Land rights infrastructure and sustainable
development
 Public land management in Québec
 Register of the domain of the State (or Registre
du domaine de l’État – RDE)
•
Description
•
Quick overview
2
Reduce risk
from
conflicting
rights
Reduce risk
of conflicts
over land
use
Better land
protection
Fasten
property
transactions
Reduce
vulnerability to
natural
disaster
Encourage
investments
Ensure an
efficient land
market
Better land use
and management
Better public
services
Equitable
property
assessment
3
Daniel Roberge, FIG Commission 7
Better
access to
credit
Transparency
of taxation
Equitable Land Taxation
Economic Development
Protection of Environment
Security of Tenure
Land rights Infrastructure




Land rights infrastructure should cover the entire territory, not
just private land
In many countries, public land accounts for a major portion of the
State’s wealth, in developed and developing countries alike.
Unfortunately, public land is too often poorly managed and
almost all countries underuse the resources it contains
(Zimmermann, 2007)
Poor stewardship of public land has enormous consequences in
many spheres:
 economic development
 Environment
 political legitimacy
 peace and security
4
Land rights Infrastructure

The issue of public land management:
•
•
is not a question of poor countries managing their
resources less effectively than rich countries
is a universal problem
Grover, 2009


Some countries have undertaken major public land
management reforms over the last quarter century.
This is the case in Québec, Canada’s largest
province.
5
Quebec’s Land rights Infrastructure
Foncier Québec is the sector of the ministry
responsible to establish and keep updated the
land rights infrastructure which consist in:
• the cadastre
• the land register
• the archives of the Surveyor-General of
Quebec (SGQ)
• the Register of the domain of the state
6
Management of Public land in Québec
 Covers 92 % of the territory including :
• Lands and interior water : 1 397 218 km²
• Marine territories : 153 313 km²
 More than 300 000 active rights, constraints and
protected areas ;
 Represents 10% of Québec economic activity
Public land
Private land
7
Management of Public land in Québec
 Many government departments and public
agencies (DA) granting rights or establishing
constraints and protected areas
 Large variety of rights with risks of unexpected
overlaps
 Land rights information spread through many
different registers
Public land
Private land
8
Management of Public land in Québec
More than 300,000 rights, constraints and territories
with special legal status
Departments and agencies that issue
rights and constraints on public land
MRNF Regional operations branches
MRNF Forest Sector
MRNF Wildlife Sector
MRNF Mining Sector
MRNF Energy Sector - Hydroelectric development
MRNF Energy Sector - Hydrocarbons
Department of Culture, Communications and the
Status of Women (MCCCF) – Heritage Directorate
Department of Agriculture, Fisheries and Food
(MAPAQ)
Commission de protection du territoire agricole du
Québec (CPTAQ)
Centre d’expertise hydrique (MDDEP)
Ecological Heritage and Parks Directorate (MDDEP)
Delegation of the management of lands in
the domain of the State
Right-of ways
Leases
Access rights to real property for HydroQuébec
Regional parks
Easements
Transfers of administration
Aquaculture and fishery licences
Rights of use, usufruct, emphyteusis
Forest management contracts and
agreements
Exceptional forest ecosystems
Shrub harvesting licence
Forest stations
Biological refuges
Exclusive hunting, fishing and trapping
rights
Wildlife habitats (e.g. bird colonies)
Controlled harvesting zones (ZECs)
Experimental, teaching and research
forests
Sugarbush management permit
9
Seabed exploration licences,
seabed mining leases, exploration
licences for surface mineral
substances and leases to mine
surface mineral substances
Mining leases and concessions
Mining exploration licences
Claims (mining sector)
Agricultural zones
Licences to explore for and leases
to produce petroleum and natural
gas, leases to operate an
underground reservoir,
authorizations to produce brine
Water power access rights and
leases for Hydro-Québec
Historic districts
Recognized and classified cultural
property
Historic monument protection areas
Known archeological sites and
areas
National historic sites
Plant habitats for threatened or
vulnerable species
Saguenay Marine Park
National parks
Aquatic, ecological or biodiversity
reserves
Management of Public land in Québec
 Challenges :
• Ensure consistency in government actions on
land
• Avoid awarding of conflictual rights leading to
complaints and legal proceedings
• Provide reliable, official and accesible land
information
10
The Register of the Domain of the State
Objectives :
 Constitute an official, complete, reliable and updated
register of all information concerning public land rights
 Promote coherent management of public land and
greater efficiency
 Contribute to better protection for land rights
 Facilitate access to information about public land
rights
11
The Register of the Domain of the State
The new register contains :





Information on private / public ownership of land (tenure).
Transactions concerning public land (via an automated link with
the Québec Land Register (private land)
Usage rights granted by DA, and constraints and protected
areas established by the State
All land surveys carried out under the authority of the SGQ after
the establishment of the new register
Archive data from the former land register called Terrier
(descriptive data only)
12
The Register of the Domain of the State
The main features of the register are :
 Simple access (via Internet) and safe operation (public-key
government infrastructure)
 Access based on spatial reference data
 Input on an ongoing basis by DA
 Requests for registration must :
come from issuers from DA duly accredited with the
Office of the Surveyor General
comply with the established exchange specifications
be signed electronically.
 Office of the Surveyor General responsible for the updating of
tenure (automated link with the Land Register and the
Cadastral division) and land surveys
13
Legal Framework
Pursuant to the Act respecting the MRNF (RSQ, c.
M-25.2), the Minister is the Surveyor-General of
Québec. The functions and powers of the Minister,
as Surveyor-General of Québec, consist in:
•
•
•
•
surveying the lands in the domain of the State and
Québec’s borders;
describing the limits of administrative territories and
territories with special legal status, in cases under the
Minister’s authority;
establishing and updating the Register of the
domain of the State;
administering the Act respecting land survey (c. A-22)
14
Legal Framework
Act respecting the lands in the domain of the
State
26. As Surveyor-General of Québec, the Minister shall
establish and update a public register called the “Register
of the domain of the State”, […], in which alienations and
acquisitions of land and immovable rights, names of
parties, transfers of authority, administration and other
rights, natural resource development rights, special legal
status under an Act, restrictions on use, management
delegations and land surveys are registered.
15
Legal Framework
Act respecting the lands in the domain of the
State
Deeds to be registered.
27. Except in the cases referred to in section 28, a
minister or a public body (DA) designated by the Minister
must immediately register any deed referred to in section
26, as well as the geographical location and the geometric
representation of the land concerned, determined in
accordance with the instructions of the Surveyor-General
of Québec.
16
Legal Framework
Act respecting the lands in the domain of the
State
28. The registrar (Land Register) must send the
Surveyor-General the information required to register the
deeds of acquisition or alienation of lands or immovable
rights by the State that are published in the land register,
as well as any other deed concerning the State identified
in a list drawn up jointly with the Surveyor-General.
17
The Register of the domain of the State
The new Register :






Simplifies processes
Improves productivity
Improves coherency in government actions
Improves access to information
Gives more accurate information
Improves service delivery
18
Some success key factors



Organizational and administrative:
• Clear support from the authorities
• Good communication and support given to each issuerpartner from many DA, helping them to prepare and
register their rights and constraints in the register
• Administrative agreements signed with all rights-issuing
D&A
Legal:
• Clear legal framework which outlines the roles and
responsibilities of each stakeholder
Technological
• Development of the Register support system
• Adaptation of issuers’ systems managing large volumes of
data
19
The Register of the domain of the State
 In Québec, the Register:
• forms the cornerstone of integrated public land
management in Quebec
• will deliver the anticipated benefits only if it is
updated without delay by the D&A concerned
 This unique register, is a concrete application of
the Spatially Enabled Government discussed
earlier this week in the joint WB / FIG Workshop.
20
21
Afficher la couche « Tenure »
Public land
Private land
 Partly public/private
22
Display « Tenure and Authority »
Public land
Private land
 Partly public/private
Legend
23
Rechercher droits, contraintes et transactions
Search all
Public land
Private land
 Partly public/private
24
Rechercher droits, contraintes et transactions
Search results
25
Search for rights, constraints and transactions
Show descriptive data
Public land
Private land
 Partly public/private
26
Display the Description File of a Right
27
Display the Description File of a Right
28
Display the History File of a right
29
Display the Previous Representation of a Right
Public land
Private land
 Partly public/private
30
Public land
Private land
 Partly public/private
31
32
Merci
Thank you
33