National Parks of Canada Lease and Licence of Occupation Regulations

Version of section 10 from 2006-03-22 to 2009-12-02:

  •  (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 approved 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.

  • SOR/2002-237, s. 11
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