National Parks of Canada Lease and Licence of Occupation Regulations (SOR/92-25)

1 [Repealed, SOR/2002-237, s. 2]

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Canada National Parks Act; (Loi)

  appraised value

  appraised value means the value of public lands within a park in respect of which a lease or licence of occupation applies, as determined by the Minister on the basis of an appraisal of those lands or equivalent lands; (valeur estimative)

  assessed value

  assessed value[Repealed, SOR/2002-237, s. 3]

  Banff Incorporation Agreement

  Banff Incorporation Agreement means the Town of Banff Incorporation Agreement, dated December 12, 1989; (accord concernant la constitution de Banff)

  common-law partner

  common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

  condominium

  condominium[Repealed, SOR/2002-237, s. 3]

  condominium unit

  condominium unit means an area designated as a unit on a condominium plan duly registered in a Land Titles Office in the Province of Alberta; (unité condominiale)

  Consumer Price Index

  Consumer Price Index means the all Canada, all-items annual consumer price index as published by Statistics Canada for the period beginning on January 1 and ending on December 31; (indice des prix à la consommation)

  Easter period

  Easter period means the period beginning 14 days before Good Friday in any year and ending 14 days after Easter Monday in that year; (période pascale)

  eligible resident

  eligible resident, in respect of a park, means

  • (a) an individual whose primary employment is in the park,

  • (b) an individual who operates a business in the park and whose presence at the place of business is necessary for the day-to-day operation of the business,

  • (c) a retired individual who resides in the park and who, for five consecutive years immediately prior to retirement,

    • (i) was employed primarily in that park, or

    • (ii) operated a business in that park and whose presence at the place of business was necessary for the day-to-day operation of the business,

  • (d) a retired individual who resided in the park at the time of the individual’s retirement and who resided in that park on July 30, 1981,

  • (e) an individual who is a student in full-time attendance at an educational institution that is located within the park and registered under the Income Tax Act or applicable provincial legislation relating to education,

  • (f) an individual who is a lessee of public lands in the park and who

    • (i) was the lessee of those public lands prior to May 19, 1911, or

    • (ii) is a descendant, by blood or adoption, of an individual who was the lessee of those public lands prior to May 19, 1911, or

  • (g) the spouse or common-law partner or a dependant of an individual referred to in any of paragraphs (a) to (f); (résident admissible)

  Jasper Agreement lands

  Jasper Agreement lands means the lands forming part of Jasper National Park of Canada that are described in Schedule V; (terres visées par l’accord avec la municipalité de Jasper)

  Municipality of Jasper

  Municipality of Jasper means the local government body established by Order in Council O.C. 279/2001 of July 20, 2001 of the Province of Alberta; (municipalité de Jasper)

  Municipality of Jasper Agreement

  Municipality of Jasper Agreement means the Agreement for the Establishment of Local Government in the Town of Jasper between Her Majesty and the Municipality of Jasper, signed by the Minister and the Chairperson of the Jasper Town Committee on June 13 and 25, 2001, respectively, as that Agreement read on June 25, 2001; (accord avec la municipalité de Jasper)

  quota

  quota means 30 per cent of the occupancy capacity of a hotel, motel, bungalow camp or other fixed bed accommodation; (quota)

  resort subdivision

  resort subdivision means an area described in an item of Schedule II; (centre de villégiature)

  subdivision

  subdivision means the division of an existing leasehold title or licence of occupation, which title or licence may cover one or more parcels of land, or the division of land held under lease or licence of occupation, into two or more leaseholds or licences; (lotissement)

  summer period

  summer period means the period beginning on June 20 in any year and ending on September 1 in that year; (période estivale)

  Town of Banff

  Town of Banff means the area described in Part I of Schedule I; (périmètre urbain de Banff)

  Town of Jasper

  Town of Jasper means the community described in Schedule 4 to the Act; (ville de Jasper)

  visitor centre

  visitor centre means an area described in an item of Schedule III. (centre d’accueil)

• (2) For the purposes of these Regulations, an individual who resides in, operates a business in or whose primary employment is in Lake Louise, and who is an eligible resident of Banff National Park of Canada under paragraph (a) or (b) of the definition eligible resident in subsection (1), is an eligible resident of both Yoho National Park of Canada and Banff National Park of Canada.

• (3) For the purposes of the definition eligible resident and subsection (2), business means a business that is licensed under the National Parks of Canada Businesses Regulations or under a by-law passed by the Corporation of the Town of Banff or the Municipality of Jasper.

2.1 Subject to sections 40 and 41 of the Act, these Regulations apply to park reserves as if they were parks.

Leases

• 3 (1) Subject to subsection (2) and sections 4 and 19, the Minister may, for any term not exceeding 42 years and on such terms and conditions as the Minister thinks fit, grant leases of public lands

  • (a) in the Town of Jasper, visitor centres and resort subdivisions for the purpose of residence;

  • (b) in the Town of Jasper and visitor centres for the purposes of trade, tourism, schools, churches, hospitals and places of recreation or entertainment;

  • (c) in the Town of Banff, where the public lands are to be used for the purpose of residence;

  • (d) in the Town of Banff, where the public lands are to be used for the purposes of trade, tourism, schools, churches, hospitals and places of recreation or entertainment; and

  • (e) outside the Town of Banff or the Town of Jasper, visitor centres and resort subdivisions for the purposes of tourism, schools, churches, hospitals, service stations and places for the accommodation, recreation or entertainment of visitors to the parks.

• (2) No lease of public lands shall be granted

  • (a) until the public lands have been surveyed in accordance with the Canada Lands Surveys Act and unless the description of the lands in the lease is based on an official plan or plans under that Act; or

  • (b) unless, where the Minister so directs, the lease describes the public lands by

    • (i) reference to an explanatory plan approved by and in the custody of the Surveyor General, or

    • (ii) a metes and bounds description, or the equivalent thereof, prepared under the direction of and approved by the Surveyor General.

• (3) A lease granted pursuant to subsection (1) may contain a covenant for renewal, on such terms and conditions as the Minister thinks fit, for terms that do not exceed 21 years in the aggregate, where the initial term of the lease and the terms of all renewals do not exceed 49 years.

• (3.1) The restrictions on the length of a renewal term, and on the aggregate length of an initial term together with any renewal term or terms, set out in subsection (3) do not apply to a lease of public lands in respect of which a condominium plan is duly registered in a Land Titles Office in the Province of Alberta.

• (4) In addition to the rent based on a rental rate set out in section 7, 8, 11 or 13, at the time a lease of public lands is granted the lessee shall pay to the Minister a sum, known as a release fee, equal to the market value of the leasehold interest and in the case of public lands leased pursuant to Article 9.4 of the Banff Incorporation Agreement, a sum determined in accordance with that Article.

• (5) Subsection (4) does not apply where

  • (a) a lease is granted to a person, personal representative or heir referred to in subparagraph 4(1)(a)(iii) and the lease is in respect of public lands referred to in that subparagraph;

  • (b) a lease is granted consequential to the subdivision of public lands in respect of which

    • (i) a lease already applies, or

    • (ii) a licence of occupation, other than a licence pursuant to Article 9.3 of the Banff Incorporation Agreement or Article 7.3 of the Municipality of Jasper Agreement, formerly applied;

  • (c) a lease is granted to the Corporation of the Town of Banff pursuant to paragraph (1)(d) of this section and Article 9.1 of the Banff Incorporation Agreement;

  • (d) a lease is granted in accordance with paragraph (1)(b),(d) or (e) to the same lessee who immediately prior to its expiry held a lease on the same lands; or

  • (e) a lease is granted to the Municipality of Jasper for a portion of the Jasper Agreement lands pursuant to paragraph (1)(d) of this section and Article 7.3 of the Municipality of Jasper Agreement.

• (6) For the purposes of subsection (4), the Minister shall determine the market value of a leasehold interest on the basis of an appraisal of that leasehold interest or a comparable leasehold interest.

• (7) The Minister may, with the agreement of the lessee, amend a lease of public lands.

• (8) The Minister may accept the surrender of a lease of public lands.

• (9) Where a lease of public lands is amended or surrendered for purposes relating to the subdivision of the leased lands, the lessee shall pay to the Minister

  • (a) where the subdivision is for purposes relating to condominiums or strata space, as that term is defined in the Land Titles Act of the Province of Alberta, a sum equal to 10% of the appraised land value after subdivision;

  • (b) where the subdivision is for any other purpose, a sum determined by the formula

    A = B(C - D) / 10

    where

    A

    is the sum to be paid,

    B

    is the average of the appraised value after subdivision,

    C

    is the number of leases after subdivision, and

    D

    is the number of leases amended or surrendered.

• (10) The Minister shall not consent to an assignment of a lease of public lands that is granted for the purpose of residence or, in the case of a lease of public lands in the Town of Banff, a lease of public lands that are used for the purpose of residence, if the leased public lands have been designated through a management plan tabled in each House of Parliament pursuant to section 11 of the Act or through guidelines established by the Minister as public lands available only to eligible residents, unless the lessee, prior to the assignment of the lease, agrees to include in the lease the term set out in paragraph 4(1)(b).

• (11) Subsection (10) does not apply in respect of a lease of public lands in a visitor centre or resort subdivision in Waterton Lakes National Park of Canada, Jasper National Park of Canada, Wood Buffalo National Park of Canada, Prince Albert National Park of Canada or Riding Mountain National Park of Canada that is granted for the purpose of residence if the leased public lands have not been designated through a management plan or guidelines referred to in that subsection as lands available only to eligible residents.

• (12) The Minister shall not grant a lease of public lands for the purposes of a hotel, motel, bungalow camp or other fixed bed accommodation, or grant a lease of public lands in the Town of Banff that are to be used for those purposes or consent to the assignment of any of those leases, unless the lessee, prior to the granting or the assignment of the lease, agrees to include in the lease covenants that the lessee will

  • (a) reserve the quota, until 10 months before the beginning of each Easter period, in respect of that Easter period and the following summer period, for bookings by residents of Canada;

  • (b) where the lessee has a marketing plan, design it so that the quota for bookings by residents in Canada is reserved as set out in paragraph (a) and submit it to the superintendent not later than January 31 of the second year preceding the year in respect of which it applies; and

  • (c) keep and retain registration records that specify, in respect of the Easter period and the summer period, the percentage of the occupancy capacity used by residents of Canada and, on 60 days written notice by the superintendent, make the registration records available to the superintendent.

• (13) Where a lease of public lands without improvements, other than a lease of public lands in the Town of Banff, granted for the purposes of trade, tourism, service stations or places for the accommodation, recreation or entertainment of visitors to the parks does not include a term providing that the lessee shall undertake and complete prescribed construction within a prescribed period, the Minister shall not consent to the assignment of the lease unless, prior to that assignment, the lessee agrees to include that term in the lease.

• 4 (1) A lease of public lands granted pursuant to paragraph 3(1)(a) or (c)

  • (a) may be granted only to

    • (i) an eligible resident,

    • (ii) a corporation or enterprise that operates a business in a park where the purpose of the lease is for residence of employees whose primary employment is in the park,

    • (iii) a person who held a lease in respect of those lands, or the personal representative or heir of a lessee of those lands, where the lease has expired and if there has been no lease or licence of occupation granted since that lease expired, and

    • (iv) a corporation or enterprise that operates a business in a park, where the purpose of the lease is the development of residential housing intended for eligible residents; and

  • (b) in the case of a lease of public lands located in the Town of Banff, the Town of Jasper or a visitor centre in Yoho National Park of Canada or Banff National Park of Canada, shall include a term providing that if the leased public lands are at any time occupied by any person who is not an eligible resident, the Minister may terminate the lease.

• (2) A lessee who has been granted a lease of public lands pursuant to paragraph 3(1)(a) or (c) shall, on the request of the Minister, provide to the Minister evidence, by way of affidavit or solemn declaration that each occupant of the leased public lands is an eligible resident.

• (3) Where a lessee referred to in subsection (2) is a corporation, the evidence required by that subsection shall be provided by an officer of the corporation.

• (4) This section does not apply in respect of a lease of public lands composed of lots that are identified as being available for development for cottage purposes in the community plan for the visitor centre of Wasagaming in Riding Mountain National Park of Canada or in the community plan for the visitor centre of Waskesiu in Prince Albert National Park of Canada.