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

5 On application by the lessee to the Minister, a lease of public lands in a visitor centre in Waterton Lakes National Park of Canada, Prince Albert National Park of Canada or Riding Mountain National Park of Canada, or in a resort subdivision in Jasper 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 shall be amended to provide for occupancy of the leased public lands only during the period beginning on April 1 in any year and ending on October 31 in that year.

• 6 (1) At the time a lease is granted, the lessee shall choose a rental rate set out in section 7, 8, 11, 13 or 14 that is applicable to the location, use and conditions of occupancy of the leased public lands and the purpose for which the lease is granted, and that rental rate shall be a term of the lease.

• (2) At the time set out in a lease for setting the rental rate, the lessee may, by written notice to the Minister, choose a rental rate set out in section 7, 8, 11, 13 or 14 that is applicable to the location, use and conditions of occupancy of the leased public lands and the purpose for which the lease was granted, and the lease shall be amended to include that rental rate as a term of the lease.

• (3) Where a lease contains a term providing that the Minister shall periodically set the rental rate and the lessee has not chosen a rental rate, the Minister shall set the rental rate at a rental rate set out in subparagraph 7(1)(a)(i) or (b)(i), subsection 7(2), paragraph 8(1)(a) or (2)(a) or 11(1)(a), subsection 11(2) or section 13 or 14 that is applicable to the location and conditions of occupancy of the leased public lands and the purpose for which the lease was granted.

• 7 (1) The rental rate for a lease of public lands in the Town of Jasper or in a visitor centre in Yoho National Park of Canada or Banff National Park of Canada that is granted for the purpose of residence, or for a lease of public lands in the Town of Banff for the purpose of residence, shall be

  • (a) where the term referred to in paragraph 4(1)(b) is not included in the lease

    • (i) subject to subsection 12(1), 6.0 per cent per annum of the appraised value, or

    • (ii) subject to subsection 12(2), 4.0 per cent per annum of the appraised value;

    • (iii) [Repealed, SOR/2002-237, s. 8]

  • (b) where the term referred to in paragraph 4(1)(b) is included in the lease

    • (i) subject to subsection 12(1), 0.5 per cent per annum of the appraised value,

    • (ii) subject to subsection 12(2), 0.5 per cent per annum of the appraised value, or

    • (iii) subject to subsection 12(3),

      • (A) 0.35% per annum of the appraised value, or

      • (B) in respect of those leases for which the rental rate was set in 2000 in accordance with subsection 6(2) or (3), the greater of 0.35% per annum of the appraised value and the 1999 rental rate.

• (2) In respect of a lease referred to in paragraph (1)(b), where there is a condominium on the leased public lands, the rental rate for each condominium unit shall be in proportion to the unit’s share of common expenses.

• 8 (1) The rental rate for a lease of public lands in a visitor centre in Waterton Lakes National Park of Canada, Prince Albert National Park of Canada or Riding Mountain National Park of Canada, or in a resort subdivision in 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 and that does not restrict occupancy of the leased public lands to the period beginning on April 1 in any year and ending on October 31 in that year shall be

  • (a) subject to subsection 12(1), 4.0 per cent per annum of the appraised value;

  • (b) subject to subsection 12(2), 3.0 per cent per annum of the appraised value; or

  • (c) subject to subsection 12(3),

    • (i) 1.5% per annum of the appraised value, or

    • (ii) in respect of those leases for which the rental rate was set in 2000 in accordance with subsection 6(2) or (3), the greater of 1.5% per annum of the appraised value and the 1999 rental rate.

• (2) The rental rate for a lease of public lands in a visitor centre in Waterton Lakes National Park of Canada, Prince Albert National Park of Canada or Riding Mountain National Park of Canada, or in a resort subdivision in 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 and that restricts occupancy of the leased public lands to the period beginning on April 1 in any year and ending on October 31 in that year shall be

  • (a) subject to subsection 12(1), seven twelfths of 4.0 per cent per annum of the appraised value;

  • (b) subject to subsection 12(2), seven twelfths of 3.0 per cent per annum of the appraised value; or

  • (c) subject to subsection 12(3),

    • (i) 1.5% per annum of the appraised value, or

    • (ii) in respect of those leases for which the rental rate was set in 2000 in accordance with subsection 6(2) or (3), the greater of 1.5% per annum of the appraised value and the 1999 rental rate.

• (3) Despite subsections (1) and (2), if a person — including the personal representative or heir of the person — was a lessee under a lease, the rental rate for which was set either in 2002 in accordance with clause 7(1)(b)(iii)(B), or in 2002, 2003 or 2004 in accordance with subparagraph 8(1)(c)(ii) or (2)(c)(ii), remained the lessee under that lease until its expiry or surrender and is offered a new lease or a renewal of the lease, the rental rate for the new lease or the renewal, as the case may be, may be the rental rate in the last year of the expired or surrendered lease, which rental rate shall be adjusted each year throughout the term of the replacement lease by compounding it by the average of the previous five years’ Consumer Price Indices, subject to a maximum rental rate increase in any year of 5%.

• 9 (1) With respect to a lease of public lands in a visitor centre or resort subdivision in Waterton Lakes National Park of Canada, Jasper 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 and that restricts occupancy of the leased public lands to the period beginning on April 1 in any year and ending on October 31 in that year, if those 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 for occupancy during the period beginning on November 1 in any year and ending on March 31 in the following year, the Minister may, on application by the lessee, permit the occupancy of the leased public lands during the period beginning on November 1 in any year and ending on March 31 in the following year.

• (2) Where the Minister grants an application in accordance with subsection (1),

  • (a) the Minister shall set the rental rate in accordance with paragraph 8(1)(a), (b) or (c), as the case may be; and

  • (b) the lease shall be amended to remove the restrictions on the occupancy period and to specify the rental rate set by the Minister.

• 10 (1) With respect to a lease of public lands in a visitor centre or resort subdivision in Waterton Lakes 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 and that restricts occupancy of the leased public lands to the period beginning on April 1 in any year and ending on October 31 in that year, on application by the lessee, the Minister may set the rental rate in accordance with paragraph 7(1)(b) if the leased public lands are to be occupied only by eligible residents during the whole of that period.

• (2) With respect to a lease of public lands referred to in subsection (1) that is granted for the purpose of residence and that restricts occupancy of the leased public lands to the period beginning on April 1 in any year and ending on October 31 in that year, 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 for occupancy during the period beginning on November 1 in any year and ending on March 31 in the following year, the Minister may, on application by the lessee, permit the occupancy of the leased public lands during part or all of the period beginning on November 1 in any year and ending on March 31 in the following year if the leased public lands are to be occupied only by eligible residents during the whole of the permitted occupancy period and their presence in the park is necessary for the continued operation of the park during the whole of that period.

• (3) Where the Minister grants an application pursuant to subsection (2), the Minister shall set the rental rate in accordance with paragraph 7(1)(b).

• (4) Where the Minister grants an application pursuant to subsection (1) or (2), the lease shall be amended

  • (a) to specify the rental rate set by the Minister and, in the case of an application granted pursuant to subsection (2), to specify the period of occupancy permitted by the Minister;

  • (b) to include a term providing that, if the requirements of subsection (1) or (2) in respect of occupancy and, in the case of an application granted pursuant to subsection (2), the necessity of the presence in the park of the occupants are no longer being met, the lessee shall so notify the Minister and shall submit to the Minister the lease which shall be amended so that its terms and conditions are the same as they would be if the application had not been granted; and

  • (c) to include a term providing that if the lessee does not notify the Minister and submit the lease to the Minister where required in accordance with paragraph (b), the Minister may terminate the lease.

• 11 (1) The rental rate for a lease of public lands in the Town of Jasper or a visitor centre that is granted for the purpose of trade, tourism or places of recreation or entertainment, for a lease of public lands in the Town of Banff that are to be used for that purpose and for a lease of public lands outside the Town of Banff or the Town of Jasper, visitor centres and resort subdivisions that is granted for the purposes of tourism, service stations or places for the accommodation, recreation or entertainment of visitors to the parks shall be

  • (a) subject to subsection 12(1), 6.0 per cent per annum of the appraised value;

  • (b) subject to subsection 12(2), 4.0 per cent per annum of the appraised value;

  • (c) subject to subsection 12(3)

    • (i) 4.0% per annum of the appraised value, or

    • (ii) in respect of those leases for which the rental rate was set in 2000 in accordance with subsection 6(2) or (3), the greater of 4% per annum of the appraised value and the 1999 rental rate; or

  • (d) when the leased public lands have been used for commercial purposes during the previous five years and the financial records relating to that use are available to the lessee, or the leased public lands have been used for commercial purposes for less than five years and the gross revenue can be reasonably estimated, the greater of

    • (i) a per cent per annum that is agreed to by the Minister and the lessee of the annual gross revenue from business conducted on or from the leased public lands by the lessee and any sublessee, sublicensee or concessionaire, and

    • (ii) a percent per annum that is agreed to by the Minister and the lessee

      • (A) of the average annual gross revenue from business conducted on or from those leased public lands by the lessee and any sublessee, sublicensee or concessionaire during the previous five year period, or

      • (B) if financial records of gross revenue for that period are not available to the lessee, of estimated annual gross revenue for the first year of the term of the lease.

  • (e) [Repealed, SOR/2002-237, s. 12]

• (2) In respect of a lease referred to in subsection (1), where there is a condominium on the leased public lands, the rental rate for each condominium unit shall be in proportion to the unit’s share of common expenses.

• 12 (1) For the purposes of subparagraphs 7(1)(a)(i) and (b)(i) and paragraphs 8(1)(a) and (2)(a) and 11(1)(a), the appraised value shall be adjusted

  • (a) where the lease contains a term that sets out each period in respect of which the Minister may set the rental rate, at the beginning of that period; and

  • (b) in all other cases, on April 1, 2000, and every ten years thereafter.

• (2) For the purposes of subparagraphs 7(1)(a)(ii) and (b)(ii) and paragraphs 8(1)(b) and (2)(b) and 11(1)(b), the appraised value shall be adjusted on March 31, 1992, and every two years thereafter.

• (3) In respect of those leases referred to in subparagraph 7(1)(b)(iii) or paragraph 8(1)(c) or (2)(c) or 11(1)(c), the rental rate shall — subject to subsections (3.1) and (3.11) in respect of those leases referred to in paragraph 8(1)(c) and subject to subsections (3.2) and (3.21) in respect of those leases referred to in paragraph 8(2)(c) — be adjusted on March 31 of each year throughout the term of the lease by compounding the rate by the average of the previous five years’ Consumer Price Indices, subject to a maximum rental rate increase in any year of 5%.

• (3.1) For the purpose of subsection (3) and paragraph 8(1)(c), the maximum rental rate for the year 2002 shall be

  • (a) $1,750 per annum in respect of leased lands with an area of 1,500 m² or less; and

  • (b) $4,000 per annum in respect of leased lands with an area greater than 1,500 m².

• (3.11) The maximum rental rate in respect of those leases referred to in paragraph 8(1)(c) that pertain to leased lands with an area greater than 1 500 m² shall be $3,500 per annum for the year 2004.

• (3.2) For the purpose of subsection (3) and paragraph 8(2)(c), the maximum rental rate for the year 2002 shall be

  • (a) $1,500 per annum in respect of leased lands with an area of 1,500 m² or less; and

  • (b) $3,500 per annum in respect of leased lands with an area greater than 1,500 m².

• (3.21) The maximum rental rate in respect of those leases referred to in paragraph 8(2)(c) that pertain to leased lands with an area greater than 1 500 m² shall be $3,000 per annum for the year 2004.

• (3.3) Maximum rental rates in subsections (3.1) to (3.21) shall be adjusted on March 31 of each year throughout the term of each lease to which they apply by compounding the maximum rental rates by the average of the previous five years’ Consumer Price Indices, subject to a maximum increase in any maximum rental rate in any year of 5%.

• (4) and (5) [Repealed, SOR/2002-237, s. 13]

• 13 (1) The rental rate for a lease of public lands granted for the purpose of a school, church or hospital is $250 per annum.

• (2) The rental rate for a lease of public lands granted for any of the purposes referred to in paragraph 3(1)(b), (d) or (e) is $250 per annum if the carrying out of those purposes involves providing services to the community in which those purposes are carried out and does not involve the realization of any profit.

14 The rental rate for a lease of public lands shall be $1 per annum where the leased public lands are occupied only by eligible residents and the lands have been leased since May 19, 1911 to an eligible resident described in paragraph (f) of the definition eligible resident in subsection 2(1) or to the spouse or common-law partner or a dependant of the eligible resident.

• 15 (1) Sections 6, 7, 11 and 13 do not apply in respect of leases of public lands located in the Town of Banff if the lessee has entered into a lease or a lease amending agreement with Her Majesty in accordance with the Banff Incorporation Agreement, as long as the lease or lease amending agreement, as the case may be, remains in force.

• (2) With respect to the leases and the lease amending agreements referred to in subsection (1), the rental rates shall be those set out in the Banff Incorporation Agreement.