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  1. National Parks of Canada Lease and Licence of Occupation Regulations - SOR/92-25 (Section 18)
    National Parks of Canada Lease and Licence of Occupation Regulations
    •  (1) Subject to section 19, the Minister may, for any term not exceeding 42 years and on such terms and conditions as the Minister thinks fit, grant licences of occupation of public lands

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    • (5) The Minister shall not consent to the assignment of a licence of occupation of public lands that is granted for the purpose of residence or, in the case of a licence of occupation of public lands in the Town of Banff, a licence of occupation of public lands that are used for residence, if the 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 licensee, prior to the assignment of the licence, agrees to include in the licence the term set out in paragraph (2)(b).

    • (6) Subsection (5) does not apply in respect of a licence of occupation 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 licensed public lands have not been designated through a management plan or guidelines referred to in subsection (5) as lands available only to eligible residents.

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    • (9) In addition to the fee with respect to a licence of occupation, at the time the licence is granted the licensee shall pay to the Minister a sum, known as a release fee, equal to the market value of the licence.

    • (10) Subsection (9) does not apply where

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      • (b) a licence of occupation is granted as a consequence of the subdivision of the public lands in respect of which a licence of occupation applies;

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

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      • (b) where the licensee 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

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    • (20) Subsections (7), (8), (16) and (17) do not apply in respect of licences of occupation of public land located in the Town of Banff if the licensee has entered into a licence of occupation agreement with Her Majesty that provides for a fee determined in a manner consistent with Article 11 of the Banff Incorporation Agreement, as long as the licence remains in force.

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    • (22) The fee for any licence of occupation of public lands located in the Town of Jasper other than the Jasper Agreement lands, that is entered into between Her Majesty and any person other than the Municipality of Jasper, shall be $1.00 per annum, and subsections (7), (8), (16) and (17) shall not apply to the licence while it remains in force, except if the Municipality of Jasper

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      • (b) is adjudged by a court of competent jurisdiction as unlawfully levying taxes; or

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  2. National Parks of Canada Lease and Licence of Occupation Regulations - SOR/92-25 (Section 3)
    National Parks of Canada Lease and Licence of Occupation Regulations
    •  (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

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    • (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.

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    • (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.

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    • (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;

    • (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

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      • (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

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  3. National Parks of Canada Lease and Licence of Occupation Regulations - SOR/92-25 (Section 2)
    National Parks of Canada Lease and Licence of Occupation Regulations
    •  (1) In these Regulations,

      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)

      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)

      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)

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

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    Visitor Centres

    Item Column I Column II
    Area National Park of Canada
    1 All those lands shown on plan number 86004 in the Canada Lands Survey Records at Ottawa, a copy of which is filed at the Land Titles Office for the South Alberta Land Registration District as plan number 0211573. Banff
    2 All those lands shown on plan number 85304 in the Canada Lands Survey Records at Ottawa, a copy of which is filed at the Land Titles Office for the South Alberta Land Registration District as plan number 0112666. Waterton Lakes
    5 All those lands shown on plan number 82678 in the Canada Lands Survey Records at Ottawa, a copy of which is filed at the Land Titles Office Prince Albert as plan number 99PA 16152. Prince Albert

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  5. National Parks of Canada Lease and Licence of Occupation Regulations - SOR/92-25 (Section 17)
    National Parks of Canada Lease and Licence of Occupation Regulations
    •  (1) The Minister may renew a lease of public lands in accordance with a covenant for renewal or perpetual renewal, as the case may be, with such amendments as may be agreed to by the Minister and the lessee in accordance with these Regulations.

    • (2) When a lease of public lands does not contain a covenant for renewal or perpetual renewal, and a condominium plan in respect of those public lands is duly registered in a Land Titles Office in the Province of Alberta, the Minister may renew the lease on such terms and conditions as the Minister thinks fit.

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