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Vol. 136, No. 19 — May 11, 2002 Regulations Amending the National Parks Lease and Licence of Occupation Regulations (1991)Statutory Authority Canada National Parks Act Sponsoring Department Department of Canadian Heritage REGULATORY IMPACT ANALYSIS STATEMENT Description The National Parks Lease and Licence of Occupation Regulations are established under the authority of the Canada National Parks Act. The Regulations provide authority to grant leases and licences of occupation for the use of public lands in the national parks and establish the rents for the use of park lands. The rents apply to commercial, residential and institutional uses of those lands. The amendments will update provisions relating to rental rates and fees for leases and licences of occupation that are set out in the Regulations. The last updates to rental rates for properties in the national parks took place in 1991. The Regulations are amended periodically to reflect changing conditions in the administration of public lands, the modernization of the land rent formula and to adapt to the rental terms included within leases and licences of occupation. The amendments to the rent provisions have an impact mainly on leases situated within the national parks in western Canada. Since 1994, Parks Canada has undertaken ongoing negotiations with community and stakeholder representatives to resolve a number of key issues related to the administration of the communities situated within the national parks. The negotiations included discussions on the establishment of fair rental rates for the use of Crown land, appropriate cost recovery for the provision of municipal services and an acceptable form of local governance for each park community. As a result of the consultations, significant changes are being made to the National Parks Lease and Licence of Occupation Regulations to adjust the rents for leases and licences of occupation of public land in the parks. Other changes are being made to improve the clarity of the Regulations and to adapt to the new terminology used in the Canada National Parks Act, which was brought into force on February 19, 2001. The changes are highlighted as follows: Residential Leases Upon granting or renewal or at the time specified for rent-setting in the lease, the following land-rent options will apply to residential leases without a need-to-reside covenant in the lease: (1) 6 percent of the appraised value of the land on which the residence is located. The amount is fixed for the next ten-year term of the lease; or (2) 4 percent of the appraised value of the land on which the residence is located. The appraised land value is adjusted every two years and multiplied by 4 percent until the term of the lease expires. Upon granting or renewal or at the time specified for rent-setting in the lease, the following land-rent options will apply to residential leases with a need-to-reside covenant in the lease: (1) 0.5 percent of the appraised value of the land on which the residence is located. The amount is fixed for the next ten-year term of the lease; or (2) 0.5 percent of the appraised value. The appraised land value is adjusted every two years and multiplied by 0.5 percent until the term of the lease expires. In addition to the existing rent options available to holders of residential leases, all residential leases containing a need-to-reside covenant, excluding those within the town of Banff and the town of Jasper, will be offered a new rent option, the new option being the greater of 0.35 percent of the appraised land value in 2000 or the rate of rent applicable in 1999, either of which will be increased by the previous five-year average of the Consumer Price Index compounded annually to a maximum rental increase of 5 percent in any given year. For example, typical rental rates for residential leases in Lake Louise in Banff National Park of Canada will increase from $232 to $738 per year and in Waterton Lakes in Waterton Lakes National Park of Canada from $150 to $513 per year. The intent of this additional rent option, which is based on an escalating rent increased annually by the Consumer Price Index, is to address concerns raised by lessees who are faced with inordinate rent increases following expiry of the term of rental in their leases. The new formula allows lessees to select a rent with predictable annual increases while providing a fair return to the Crown. Residential Cottage Leases Upon granting or renewal or at the time specified for rent-setting in the lease, the following land-rent options will apply to year-round residential cottage leases: (1) 4 percent of the appraised land value of the cottage lot. The amount is fixed for the next ten-year term of the lease; or (2) 3 percent of the appraised land value of the cottage lot. The appraised land value is adjusted every two years and multiplied by 3 percent until the term of the lease expires. Upon granting or renewal or at the time specified for rent-setting in the lease, the following land-rent options will apply to seasonal residential cottage leases: (1) 7/12ths of 4 percent of the appraised land value of the cottage lot. The amount is fixed for the next ten-year term of the lease; or (2) 7/12ths of 3 percent of the appraised land value. The appraised land value is adjusted every two years until the term of the lease expires. In addition to the existing rent options available, residential cottage lessees will be offered a new rent option being either 1.5 percent of the appraised land value in 2000 or their 1999 rental rate, either of which will be increased by the previous five-year average of the Consumer Price Index compounded annually to a maximum rental increase of 5 percent in any given year. For example, typical rental rates for residential cottage leases in Riding Mountain National Park of Canada will increase from $532 to $854 per year and in Lake Edith in Jasper National Park of Canada from $1,608 to $3,500 per year. A formula to establish maximum residential cottage lease rents will also be set in the Regulations. The rental rates will depend on the size of the cottage lot area and whether the cottage is occupied on a seasonal or year-round basis. Maximum cottage rents are being introduced to ensure comparability with rental rates in resort areas in other government and private-sector jurisdictions. Commercial Leases Upon granting or renewal or at the time specified for rent-setting in the lease, the following land-rent options will apply to commercial leases: (1) 6 percent of the appraised value of the land upon which the business is located. The amount is fixed for the next ten-year term of the lease; (2) 4 percent of the appraised value of the land upon which the business is located. The appraised land value is adjusted every two years. The 4 percent of appraised value is fixed for the term of the lease; or (3) Negotiated percentage of gross revenue for the business fixed for the term of the lease. A minimum rent is based on negotiated percentage of the average gross revenue for the previous five years. The minimum rent is adjusted annually. In addition to the existing rent options available, commercial lessees will be offered a new rent option being the greater of 4 percent of the appraised land value in 2000 or the 1999 rental rate, either of which will be increased by the previous five-year average of the Consumer Price Index compounded annually to a maximum rental increase of 5 percent in any given year. For example, typical rental rates for commercial leases in Banff National Park of Canada will increase from $39,911 to $90,457 per year and in Yoho National Park of Canada from $650 to $1,187 per year. The intent of this additional rent option, which is based on an escalating rent increased annually by the Consumer Price Index, is to address concerns raised by lessees who are faced with inordinate rent increases following expiry of the term of rental in their leases. The new formula allows lessees to select a rent with predictable annual increases while providing a fair return to the Crown. Town of Jasper Similar to the Town of Banff, the Town of Jasper was incorporated as a municipality under the Municipal Government Act of Alberta in August 2001. All holders of leases and licences of occupation in the town of Jasper will, therefore, pay a nominal rent of $1 in accordance with the terms of the Agreement for the Establishment of Local Government in the Town of Jasper, as concluded between the Government of Canada and the Municipality of Jasper in 2001. Consequently, leases and licences of occupation granted to the Municipality of Jasper will have rent set at $475,000 per annum indexed annually by the Consumer Price Index to a maximum rental increase of 5 percent in any one year. This community-based land rent is paid on behalf of the holders of all lessees and licences in the town of Jasper to which the nominal $1 rent applies. Other Rates of Rental — A provision in the Regulations is being amended to provide clear authority for the setting of fees for licences of occupation at a negotiated percentage of the gross revenue for specific types of businesses or commercial operations. The Regulations currently authorize the Minister to determine fees for licences of occupation based on a percentage of a property's appraisal or assessment. The provision has led to the impression that setting of these fees could only be based on an appraisal or an assessment. In many instances, fees for a licence of occupation have been based on a percentage of gross revenue of the business or commercial operation located on park lands or in buildings owned by the Crown. Examples of these businesses are back-country camp operators and boat concessions. The use of the percentage of gross in fee-setting is most appropriate where the business or commercial operation operates on a very small land base and where it would be impossible to obtain a fair return to the Crown based on a percentage of the land value. The rental fee will be based on the area of land used by the business or commercial operation as well as the extent of use of park lands and public facilities. — Leases granted for institutional purposes or to non-profit organizations will have their rent set at $250. Currently the rent is $100 per year. — Minimum rents are being increased to $250 for residential leases and $500 for commercial leases. Currently, the rent is $150 per year for residential leases and $100 per year for commercial leases. In some instances, the minimal land values, coupled with the rent formula, generate rental rates that are less than fair market value. The minimum rents have not been increased since 198l. The increases are roughly equivalent to the increases in the Consumer Price Index between 1981 and 2002. Repeal of Unused Provisions The current Regulations contain a variety of rent options and allow the lessees to choose a rent option that is best suited to their particular situation. Lessees have never chosen a rate of rental option based on their property assessment. Because of the lack of interest and problems associated with acquiring property assessment data, rent options based on provincial assessment values are being repealed. Alternatives Throughout the consultations on land rental review with the park community and stakeholder representatives, the following factors were taken into consideration: 1. The overall cost of living in the national parks; 2. Affordability of rental rates for leases and licences of occupation; 3. Comparability of rental rates for lands in surrounding communities; and 4. Predictability of rental rates over time. Parks Canada considers that the total overall occupancy costs for residents and businesses should be kept at levels comparable with other similar communities in the vicinity of the national parks. To meet this commitment, amendments to the Regulations are necessary to update certain rental rates, to delete provisions that are no longer used and to add new rent provisions that are more suitable to efficient and effective land management. The alternative to maintain the status quo is not acceptable if Parks Canada is to manage land use and occupancy in the national parks under modernized and equitable standards. Benefits and Costs Parks Canada has considered input from various community and stakeholder groups on the issue of land rent and has concluded that the proposed land rent formulas provide for comparable occupancy costs, are predictable and do not impose undue hardship. With respect to land rents, these regulatory initiatives will result in enhanced affordability, predictability and comparability for businesses and residents of the communities. These concerns, along with increased program revenues, were the primary consideration for Parks Canada as well as park residents and business operators in the development of these amendments. The amendment to clarify the methods of determining fees for licences of occupation will prevent misinterpretation of the existing provision of the Regulations. The amendment will also ensure that licence fees based on a percentage of gross revenue are expressly authorized under the Regulations. The setting of licence fees based on gross revenues is in keeping with Treasury Board policy and direction of maximizing revenues. Should all lessees with rents based on a rent-setting formula including a ten year review covenant choose to have their rents based on the Consumer Price Index rent option, introduced through these amendments, the total rent increases will result in $1.4 million in additional revenues for Parks Canada. Parks Canada will incur no significant costs in the administration of the leases and licences associated with this initiative. In the first year, increased revenues will exceed any supplemental costs associated with the implementation of the new rent formulas. Consultation Parks Canada carried out extensive consultation with the lessees and licensees in the park communities and with businesses and residents outside the park communities as part of the negotiations undertaken for the implementation of cost recovery for the provision of municipal services. Consultations on land rent review have taken place since 1998 with local councils in six park communities, cottage associations, business owners and associations and appraisal review committees. A series of open houses have been convened since 1998 to outline the proposed changes, to provide justification to stakeholders and to obtain public input on the rent review exercise. The vast majority of businesses and residents are aware of the extent of the increases to land rents, and the consultation process was successful in reaching a consensus on the issues of cost recovery, land rent and cost-of-living increases for businesses and residents in the parks. While the new options have been generally accepted by lessees, certain stakeholder groups, such as the Clear Lake Cottage Owners Association, object to increases based on the market land values of their properties. Similar objections have been raised by the operators of commercial accommodation facilities outside the town of Jasper. Parks Canada has maintained that the rental rates flowing from the current and proposed rent options are at the low end of market rents and are, therefore, reasonable, comparable and affordable. Compliance and Enforcement The compliance mechanism for leases and licences of occupation are contained within the terms and conditions of each agreement. The breach of any of the terms or conditions of a lease or licence of occupation could result in the termination of leases or licences of occupation. Contacts Mr. Gerry Doré, Chief, Legislation and Regulations, National Parks Directorate, Parks Canada, 25 Eddy Street, 4th Floor, Hull, Quebec K1A 0M5, (819) 953-7831 (Telephone), (819) 994-5140 (Facsimile); or Mr. John Low, Chief, Land Management, Strategy and Plans Directorate, Parks Canada, 25 Eddy Street, 6th Floor, Hull, Quebec K1A 0M5, (819) 994-5794 (Telephone), (819) 953-2004 (Facsimile). PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to subsection 16(1) of the Canada National Parks Act, proposes to make the annexed Regulations Amending the National Parks Lease and Licence of Occupation Regulations (1991). Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Gerry Doré, Chief, Legislative and Regulatory Affairs, National Parks Directorate, Parks Canada, 25 Eddy Street, Hull, Quebec, K1A 0M5 (Fax: (819) 997-0835). Ottawa, May 2, 2002
EILEEN BOYD
REGULATIONS AMENDING THE NATIONAL PARKS LEASE AND LICENCE OF OCCUPATION REGULATIONS (1991) AMENDMENTS 1. The long title of the National Parks Lease and Licence of Occupation Regulations (1991) (see footnote 1) is replaced by the following: NATIONAL PARKS OF CANADA LEASE AND LICENCE OF OCCUPATION REGULATIONS 2. Section 1 of the Regulations and the heading before it are repealed. 3. (1) The definitions "assessed value" and "condominium" in subsection 2(1) of the Regulations are repealed. (2) The definition "périmètre urbain de Jasper" in subsection 2(1) of the French version of the Regulations is repealed. (3) The definition "Act" in subsection 2(1) of the Regulations is replaced by the following: "Act" means the Canada National Parks Act; (Loi) (4) The definition "Town of Jasper" in subsection 2(1) of the English version of the Regulations is replaced by the following: "Town of Jasper" means the community described in Schedule 4 to the Act; (ville de Jasper) (5) The definition "eligible resident" in subsection 2(1) of the Regulations is amended by adding the word "or" at the end of paragraph (f) and by replacing paragraph (g) with the following: (g) the spouse or common-law partner or a dependant of an individual referred to in any of paragraphs (a) to (f); (résident admissible) (6) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order: "common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait) "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) "Jasper Agreement lands" means the lands forming part of Jasper National Park of Canada that are described in Schedule V; (terres visées par l'accord avec la municipalité de Jasper) "Municipality of Jasper" means the local government body established by Order in Council O.C. 279/2001 of July 20, 2001 of the Province of Alberta; (municipalité de Jasper) "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) "subdivision" means the division of an existing leasehold title or licence of occupation, which title or licence may cover one or more parcels of land, or the division of land held under lease or licence of occupation, into two or more leaseholds or licences; (lotissement) (7) Subsection 2(1) of the French version of the Regulations is amended by adding the following in alphabetical order: « ville de Jasper » La collectivité décrite à l'annexe 4 de la Loi. (Town of Jasper) (8) Subsections 2(2) and (3) of the Regulations are replaced by the following: (2) For the purposes of these Regulations, an individual who resides in, operates a business in or whose primary employment is in Lake Louise, and who is an eligible resident of Banff National Park of Canada under paragraph (a) or (b) of the definition "eligible resident" in subsection (1), is an eligible resident of both Yoho National Park of Canada and Banff National Park of Canada. (3) For the purposes of the definition "eligible resident" and subsection (2), "business" means a business that is licensed under the National Parks of Canada Businesses Regulations or under a by-law passed by the Corporation of the Town of Banff. 4. The Regulations are amended by adding the following after section 2: 2.1 Subject to sections 40 and 41 of the Act, these Regulations apply to park reserves as if they were parks. 5. (1) Section 3 of the Regulations is amended by adding the following after subsection (3): (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. (2) Paragraph 3(5)(b) of the Regulations is replaced by the following: (b) a lease is granted consequential to the subdivision of public lands in respect of which
(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; (3) Subsection 3(5) of the Regulations is amended by striking out the word "or" at the end of paragraph (c), by adding the word "or" at the end of paragraph (d) and by adding the following after paragraph (d): (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. (4) Paragraph 3(9)(a) of the Regulations is replaced by the following: (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; (5) Subsections 3(10) and (11) of the Regulations are replaced by the following: (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. 6. (1) Paragraph 4(1)(b) of the Regulations is replaced by the following: (b) in the case of a lease 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 leased public lands are at any time occupied by any person who is not an eligible resident, the Minister may terminate the lease. (2) Section 4 of the Regulations is amended by adding the following after subsection (3): (4) This section does not apply in respect of a lease of public lands composed of lots that are identified as being available for development for cottage purposes in the community plan for the visitor centre of Wasagaming in Riding Mountain National Park of Canada or in the community plan for the visitor centre of Waskesiu in Prince Albert National Park of Canada. 7. Section 5 of the Regulations is replaced by the following: 5. On application by the lessee to the Minister, a lease of public lands in a visitor centre in Waterton Lakes National Park of Canada, Prince Albert National Park of Canada or Riding Mountain National Park of Canada, or in a resort subdivision in Jasper 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 shall be amended to provide for occupancy of the leased public lands only during the period beginning on April 1 in any year and ending on October 31 in that year. 8. (1) The portion of subsection 7(1) of the Regulations before paragraph (a) is replaced by the following: 7. (1) The rental rate for a lease of public lands in the Town of Jasper or in a visitor centre in Yoho National Park of Canada or Banff National Park of Canada that is granted for the purpose of residence, or for a lease of public lands in the Town of Banff for the purpose of residence, shall be (2) Paragraph 7(1)(a) of the Regulations is amended by adding the word "or" at the end of subparagraph (i), by striking out the word "or" at the end of subparagraph (ii) and by repealing subparagraph (iii). (3) Subparagraph 7(1)(b)(iii) of the Regulations is replaced by the following:
(B) in respect of those leases for which the rental rate was set in 2000 in accordance with subsection 6(2) or (3), the greater of 0.35% per annum of the appraised value and the 1999 rental rate. 9. (1) The portion of subsection 8(1) of the Regulations before paragraph (a) is replaced by the following: 8. (1) The rental rate for a lease of public lands in a visitor centre in Waterton Lakes National Park of Canada, Prince Albert National Park of Canada or Riding Mountain National Park of Canada, or in a resort subdivision in 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 and that does not restrict occupancy of the leased public lands to the period beginning on April 1 in any year and ending on October 31 in that year shall be (2) Paragraph 8(1)(c) of the Regulations is replaced by the following: (c) subject to subsection 12(3),
(ii) in respect of those leases for which the rental rate was set in 2000 in accordance with subsection 6(2) or (3), the greater of 1.5% per annum of the appraised value and the 1999 rental rate. (3) The portion of subsection 8(2) of the Regulations before paragraph (a) is replaced by the following: (2) The rental rate for a lease of public lands in a visitor centre in Waterton Lakes National Park of Canada, Prince Albert National Park of Canada or Riding Mountain National Park of Canada, or in a resort subdivision in 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 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 shall be (4) Paragraph 8(2)(c) of the Regulations is replaced by the following: (c) subject to subsection 12(3),
(ii) in respect of those leases for which the rental rate was set in 2000 in accordance with subsection 6(2) or (3), the greater of 1.5% per annum of the appraised value and the 1999 rental rate. (5) Section 8 of the Regulations is amended by adding the following after subsection (2): (3) Despite subsections (1) and (2), if a person, including the personal representative or heir of the person, was a lessee under a lease whose rental rate was set in 2002 in accordance with clause 7(1)(b)(iii)(B) or subparagraph 8(1)(c)(ii) or 8(2)(c)(ii), and the lease has expired or was surrendered and the person is offered a new lease or a renewal of the lease, the rental rate for the new lease or the renewal, as the case may be, may be the rental rate in the last year of the expired or surrendered lease, which rental rate shall be adjusted each year throughout the term of the replacement lease by compounding it by the average of the previous five years' Consumer Price Indices, subject to a maximum rental rate increase in any year of 5%. 10. Subsection 9(1) of the Regulations is replaced by the following: 9. (1) With respect to a lease of public lands in a visitor centre or resort subdivision in Waterton Lakes National Park of Canada, Jasper 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, if those 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 the period beginning on November 1 in any year and ending on March 31 in the following year. 11. Subsections 10(1) and (2) of the Regulations are replaced by the following: 10. (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. 12. (1) Paragraph 11(1)(c) of the Regulations is replaced by the following: (c) subject to subsection 12(3)
(ii) in respect of those leases for which the rental rate was set in 2000 in accordance with subsection 6(2) or (3), the greater of 4% per annum of the appraised value and the 1999 rental rate; or (2) The portion of paragraph 11(1)(d) of the Regulations before subparagraph (i) is replaced by the following: (d) when the leased public lands have been used for commercial purposes during the previous five years and the financial records relating to that use are available to the lessee, or the leased public lands have been used for commercial purposes for less than five years and the gross revenue can be reasonably estimated, the greater of (3) Subparagraph 11(1)(d)(ii) of the Regulations is replaced by the following:
(B) if financial records of gross revenue for that period are not available to the lessee, of estimated annual gross revenue for the first year of the term of the lease. (4) Paragraph 11(1)(e) of the Regulations is repealed. 13. (1) Subsection 12(3) of the Regulations is replaced by the following: (3) In respect of those leases referred to in subparagraph 7(1)(b)(iii), paragraph 8(1)(c) or 8(2)(c) or paragraph 11(1)(c), and subject to subsections (3.1) to (3.3), the rental rate shall be adjusted on March 31 of each year throughout the term of the lease by compounding the rate by the average of the previous five years' Consumer Price Indices, subject to a maximum rental rate increase in any year of 5%. (3.1) For the purpose of subsection (3) and paragraph 8(1)(c), the maximum rental rate for the year 2002 shall be (a) $1,750 per annum in respect of leased lands with an area of 1,500 m2 or less; and (b) $4,000 per annum in respect of leased lands with an area greater than 1,500 m2. (3.2) For the purpose of subsection (3) and paragraph 8(2)(c), the maximum rental rate for the year 2002 shall be (a) $1,500 per annum in respect of leased lands with an area of 1,500 m2 or less; and (b) $3,500 per annum in respect of leased lands with an area greater than 1,500 m2. (3.3) Maximum rental rates in subsections (3.1) and (3.2) shall be adjusted on March 31 of each year throughout the term of each lease to which they apply by compounding the maximum rental rates by the average of the previous five years' Consumer Price Indices, subject to a maximum increase in any maximum rental rate in any year of 5%. (2) Subsections 12(4) and (5) of the Regulations are repealed. 14. Section 13 of the Regulations is replaced by the following: 13. (1) The rental rate for a lease of public lands granted for the purpose of a school, church or hospital is $250 per annum. (2) The rental rate for a lease of public lands granted for any of the purposes referred to in paragraph 3(1)(b), (d) or (e) is $250 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. 15. The Regulations are amended by adding the following after section 15: 15.1 (1) The rental rate for any lease or lease amending agreement in respect of public lands located in the Town of Jasper, excluding 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 sections 6, 7, 11 and 13 shall not apply to the lease or lease amending agreement 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. (2) The rental rate for any lease or lease amending agreement in respect 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 rental rate to be adjusted annually beginning in 2003 in accordance with the Consumer Price Index, subject to a maximum rental rate increase in any year of 5%, and sections 6, 7, 11 and 13 shall not apply to the lease or lease amending agreement while it remains in force and while the Municipality of Jasper is the lessee. 16. Section 16 of the Regulations is replaced by the following: 16. (1) The minimum rental rate for a lease referred to in subsection 7(1) or section 8 is $250 per annum. (2) The minimum rental rate for a lease referred to in section 11 is $500 per annum. 17. Section 17 of the Regulations is renumbered as subsection 17(1) and is amended by adding the following: (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. 18. (1) Paragraph 18(2)(b) of the Regulations is replaced by the following: (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. (2) Subsections 18(5) to (7) of the Regulations are replaced by the following: (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
(ii) an amount that is agreed to by the Minister and the licensee. (3) Subsection 18(10) of the Regulations is amended by striking out the word "or" at the end of paragraph (c), by adding the word "or" at the end of paragraph (d) and by adding the following after paragraph (d): (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. (4) Subsections 18(16) and (17) of the Regulations are replaced by the following: (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. (5) Section 18 of the Regulations is amended by adding the following after subsection (21): (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 in 2003 in accordance with the Consumer Price Index, 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. 19. Part I of Schedule I to the Regulations is replaced by the following: PART I TOWN OF BANFF All those lands shown on plan number 82414 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 9911462. 20. The heading "National Park" of column II of Schedule II to the Regulations is replaced by "National Park of Canada". 21. The portion of items 2 and 3 of Schedule III to the Regulations in column I is replaced by the following:
22. The portion of item 5 of Schedule III to the Regulations in column I is replaced by the following:
23. The heading "National Park" of column II of Schedule III to the Regulations is replaced by "National Park of Canada". 24. Schedule IV to the Regulations is amended by replacing the words "National Parks Act" and "National Parks Lease and Licence of Occupation Regulations (1991)" with the words "Canada National Parks Act" and "National Parks of Canada Lease and Licence of Occupation Regulations", respectively, wherever they occur in sections 1 to 4. 25. Section 6 of Schedule IV to the French version of the Regulations is renumbered as section 5. 26. The Regulations are amended by adding the following after Schedule IV: SCHEDULE V JASPER AGREEMENT LANDS Emergency Services Facility Block 6, Lots 10 and 11 Parkettes
Block 40, Lot 19
Parks R11 Parking Lots
Block 8, Lots 8 and 9
Other Lots and Parcels (unsurveyed parcels)
Block 39, Lot 12 (Reserve behind Stone Mountain).
27. The French version of the Regulations is amended by replacing the words "directeur de parc" with the word "directeur" in the following provisions: (a) paragraphs 3(12)(b) and (c); (b) paragraphs 18(18)(b) and (c); and (c) section 5 of Schedule IV. 28. The French version of the Regulations is amended by replacing the words "le périmètre urbain de Jasper" et "du périmètre urbain de Jasper" with the words "la ville de Jasper" and "de la ville de Jasper", respectively, in the following provisions: (a) paragraphs 3(1)(a), (b) and (e); (b) the portion of subsection 11(1) before paragraph (a); (c) paragraphs 18(1)(a), (b) and (e); and (d) paragraph 19(2)(b). 29. The French version of the Regulations is amended by replacing the words "de Prince-Albert" with the words "de Prince Albert" in the following provisions: (a) the portion of items 3 to 5 in column II of Schedule II; and (b) the portion of item 5 in column II of Schedule III. COMING INTO FORCE 30. These Regulations come into force on the day on which they are registered. [19-1-o] SOR/92-25 |
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