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

Regulations are current to 2014-11-11 and last amended on 2010-02-02. Previous Versions

National Parks of Canada Lease and Licence of Occupation Regulations

SOR/92-25

CANADA NATIONAL PARKS ACT

Registration 1991-12-12

National Parks of Canada Lease and Licence of Occupation Regulations

P.C. 1991-2469  1991-12-12

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraphs 7(1)(g)Footnote * and (h)Footnote * of the National Parks Act, is pleased hereby to revoke the National Parks Lease and Licence of Occupation Regulations, made by Order in Council P.C. 1981-2104 of July 29, 1981Footnote **, and to make the annexed Regulations respecting leases and licences of occupation of public lands in national parks.

 [Repealed, SOR/2002-237, s. 2]

INTERPRETATION

  •  (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    “assessed value”[Repealed, SOR/2002-237, s. 3]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    “condominium”[Repealed, SOR/2002-237, s. 3]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.

  • SOR/94-313, s. 1(F);
  • SOR/2002-237, s. 3;
  • SOR/2009-322, s. 19(F);
  • SOR/2010-23, s. 11.