National Parks of Canada Lease and Licence of Occupation Regulations

3 (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

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

• (e) outside the Town of Banff or the Town of Jasper, 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) No lease of public lands shall be granted

• (a) until the public lands have been surveyed in accordance with the Canada Lands Surveys Act and unless the description of the lands in the lease is based on an official plan or plans under that Act; or

• (b) unless, where the Minister so directs, the lease describes the public lands by

  • (i) reference to an explanatory plan approved by and in the custody of the Surveyor General, or

  • (ii) a metes and bounds description, or the equivalent thereof, prepared under the direction of and approved by the Surveyor General.

(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.

(3.1) The restrictions on the length of a renewal term, and on the aggregate length of an initial term together with any renewal term or terms, set out in subsection (3) do not apply to a lease of public lands in respect of which a condominium plan is duly registered in a Land Titles Office in the Province of Alberta.

(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.

(5) Subsection (4) does not apply where

• (a) a lease is granted to a person, personal representative or heir referred to in subparagraph 4(1)(a)(iii) and the lease is in respect of public lands referred to in that subparagraph;

• (b) a lease is granted consequential to the subdivision of public lands in respect of which

  • (i) a lease already applies, or

  • (ii) a licence of occupation, other than a licence pursuant to Article 9.3 of the Banff Incorporation Agreement or Article 7.3 of the Municipality of Jasper Agreement, formerly applied;

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

• (d) a lease is granted in accordance with paragraph (1)(b),(d) or (e) to the same lessee who immediately prior to its expiry held a lease on the same lands; or

• (e) a lease is granted to the Municipality of Jasper for a portion of the Jasper Agreement lands pursuant to paragraph (1)(d) of this section and Article 7.3 of the Municipality of Jasper Agreement.

(6) For the purposes of subsection (4), the Minister shall determine the market value of a leasehold interest on the basis of an appraisal of that leasehold interest or a comparable leasehold interest.

(7) The Minister may, with the agreement of the lessee, amend a lease of public lands.

(8) The Minister may accept the surrender of a lease of public lands.

(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;

• (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 leases after subdivision, and

  D

  is the number of leases amended or surrendered.

(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 approved 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

• (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 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

• (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.

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