National Parks of Canada Lease and Licence of Occupation Regulations

18 (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

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

• (e) outside the Town of Jasper or the Town of Banff, 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) Subject to subsection (3), a licence of occupation of public lands granted pursuant to paragraph (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 licence is for residence of employees whose primary employment is in the park,

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

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

• (b) in the case 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 public lands are at any time occupied by any person who is not an eligible resident, the Minister may terminate the licence.

(3) A licensee who has been granted a licence of occupation pursuant to paragraph (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 public lands in respect of which the licence applies is an eligible resident.

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

(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 approved 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.

(7) Subject to subsection (16), the Minister may, from time to time, establish a fee, in excess of the minimum fee set out in subsection (17), with respect to a licence of occupation of public lands, which fee shall be based on

• (a) the appraised value; or

• (b) the greater of

  • (i) a percent per annum that is agreed to by the Minister and the licensee of the annual gross revenue from business conducted on or from those licensed public lands by the licensee and any sublicensee or concessionaire, and

  • (ii) an amount that is agreed to by the Minister and the licensee.

(8) A licence of occupation shall provide for a review of the fee with respect to the licence at least once every five years from the time of the granting of the licence.

(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

• (a) a licence of occupation is granted to a person, personal representative or heir of a licensee described in subparagraph (2)(a)(iii) and the licence of occupation is in respect of lands referred to in that subparagraph;

• (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;

• (c) a licence of occupation is granted to the Corporation of the Town of Banff pursuant to paragraph (1)(d) of this section and Articles 9.1 and 9.3 of the Banff Incorporation Agreement;

• (d) a licence of occupation is granted in accordance with paragraph (1)(b) or (d) to the same licensee who immediately prior to its expiry held a licence of occupation of the same lands; or

• (e) a licence of occupation is granted to the Municipality of Jasper of public lands located in the Town of Jasper including all or part of the Jasper Agreement lands.

(11) For the purpose of subsection (9), the Minister shall determine the market value of a licence of occupation on the basis of an appraisal of the market value of the licence or a comparable licence of occupation.

(12) No licence of occupation of public lands gives the licensee any leasehold estate or other estate or interest in land.

(13) The Minister may, with the agreement of the licensee, amend a licence of occupation of public lands.

(14) The Minister may accept the surrender of a licence of occupation.

(15) Where a licence of occupation is amended or surrendered for purposes relating to the subdivision of the public lands in respect of which the licence applies, the licensee shall pay to the Minister

• (a) where the subdivision is for purposes relating to a condominium, a sum equal to 10 per cent of the appraised value after the subdivision; and

• (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 licences of occupation and leases after subdivision, and

  D

  is the number of licences of occupation amended or surrendered.

(16) The fee for a licence of occupation of public lands granted for any of the purposes referred to in paragraph (1)(b), (d) or (e) is $150 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.

(17) Subject to subsection (16), the minimum fee for a licence of occupation shall be

• (a) $250 per annum if the licence is granted for any of the purposes referred to in paragraph (1)(b), (d) or (e); and

• (b) $150 per annum in all other cases.

(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

• (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 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

• (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.

(19) Where a licence of occupation of public lands without improvements, other than a licence of occupation 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 licensee shall undertake and complete prescribed construction within a prescribed period, the Minister shall not consent to the assignment of the licence unless, prior to that assignment of the licence, the licensee agrees to include that term in the licence.

(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.

(21) With respect to the licences of occupation referred to in subsection (20), the fees shall be $1.00 per annum.

(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

• (a) is dissolved;

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

• (c) receives notice sent in accordance with Article 6.5 of the Municipality of Jasper Agreement advising of the Minister’s intention to take action pursuant to Article 6.4 of that agreement.

(23) The fee for any licence of occupation of public lands located in the Town of Jasper that includes all or part of the Jasper Agreement lands, that is entered into between Her Majesty and the Municipality of Jasper, shall be $475,000 per annum, such fee to be adjusted, annually, beginning April 1, 2003 in accordance with the table to this subsection, subject to a maximum fee increase in any year of 5%, and subsections (7), (8), (16) and (17) shall not apply to the licence while it remains in force and while the Municipality of Jasper is the licensee.