National Capital Commission
Canada

A licence gives you permission or authority to use the NCC land in a certain manner for a defined time period. It does not create an interest in the land itself — it is a personal privilege. It is issued:

  • for as short a term as possible (usually no more than five years)
  • for a particular reason consistent with the period requested
  • usually on the standard NCC Licence Agreement
  • only after an environmental impact assessment is completed and the federal land use transaction approval is received

When is a licence of occupation required?

If you want to use NCC land in a certain manner for a specific period of time, which is longer than that covered by a permit, (for example, if you want to use the land for temporary construction work, as a storage area, for fibre optic cable or as a temporary parking lot) you need a licence of occupation.

Fees

Although negotiable, the fee is usually 10 percent per annum of the market value of the lands, plus an administration fee of $1,750.

More Information

Requests for licences of occupation are subject to the federal land use and transaction approval process. For information or to apply for a licence of occupation, contact the Real Estate Officer at (613) 239-5659 or the Director at (613) 239-5019, in the Real Estate Transactions Division.

Easements

An easement is a property right attached to a particular piece of land (called the “dominant tenement”) that allows the owner of that piece of land to use another piece of land (called the “servient tenement”) in a particular manner. An easement involves the enhancement of the ordinary rights of the owner of the dominant tenement and diminution of the ordinary rights of the servient tenement — it benefits the dominant tenement. An easement continues to exist regardless of any change of ownership of either piece of land.

When is an easement required?

If you want to use the surface, sub-surface or air space of a parcel of NCC land for a period longer than five years, and require a property right in the land itself and want to have that right registered in the local registry or land titles office, you require an easement. Most requests for easements are received from public agencies for sewers, water lines, hydro lines, etc.

  • Easements are granted for 49 years for minor works (for example, neighbourhood hydro and water lines and poles, hi-tech cables, pathways).
  • Easements are granted for 99 years or the life of the works, whichever is earlier, for major works (for example hydro transmission lines, regional collector sewers and water mains).
  • Whenever easements are granted for minor works and the lands are required by the NCC in whole or in part, the works may have to be relocated or removed.
  • Easements are located to minimize the adverse effects on the market value of NCC real property.
  • Easement charge is increased where applicable to reflect the market value loss to NCC remaining lands.
  • NCC easement agreements provide for site restoration, indemnity, land survey and other standard and special clauses which are included in the standard NCC easement agreement.
  • All easements require an environmental impact assessment and federal land use transaction approval.

Fees

The cost is usually 50 percent of the land’s market value, based on highest and best use, plus an administration fee of $1,750 (unless the total is more than $30,000, in which case the administration fee is waived).

More Information

Requests for easements are subject to the federal land use and transaction approval process. For information or to apply for an easement, contact the Real Estate Officer at (613) 239-5659 or the Director at (613) 239-5019, in the Real Estate Transactions Division.

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Modified: Monday December 5, 2005
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