Acts and Regulations

2009-62 - Lands Administration

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NEW BRUNSWICK
REGULATION 2009-62
under the
Crown Lands and Forests Act
(O.C. 2009-220)
Filed June 2, 2009
Under section 94.1, 94.2 and 95 of the Crown Lands and Forests Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Lands Administration Regulation - Crown Lands and Forests Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Crown Lands and Forests Act.(Loi)
“disposition” includes a lease, a licence of occupation, a right-of-way and an easement with respect to Crown Lands, but does not include a grant, conveyance or transfer of Crown Lands. (aliénation)
“improvement” means a permanent structure or other development.(amélioration)
“institutional lease” means a lease issued to a non-profit organization whose purpose is to promote the educational, religious, moral, physical or social growth of persons.(concession à bail relative aux institutions)
“institutional licence of occupation” means a licence of occupation issued to a non-profit organization whose purpose is to promote the educational, religious, moral, physical or social growth of persons.(permis d’occupation relatif aux institutions)
“municipal lease” means a lease issued to a municipality or rural community for the provision of a publicly funded service, which includes a lease issued for the provision of the following services: (bail municipal)
(a) fire protection;
(b) police protection;
(c) garbage and refuse collection and disposal;
(d) sewage disposal;
(e) drainage;
(f) water services;
(g) recreational facilities; and
(h) first aid and ambulance services.
“non-waterfront” , when referring to a lease or licence of occupation, means a lease or licence of occupation of Crown Lands that are not located in whole or in part within 120 metres of a lake or within 75 metres of a river or stream of Order 4 or greater under the stream order classification system developed by A. N. Strahler.(non riverain)
“publicly funded service” means a service funded by federal, provincial, municipal or community expenditures.(service bénéficiant de subventions publiques)
“site development plan” means a written description of the manner and time in which a holder of a disposition shall develop, use, maintain and rehabilitate the lands referred to in the disposition.(plan d’aménagement de site)
“standard lease rental” means the standard rental for a lease of Crown Lands calculated in accordance with section 1 of Schedule B.(loyer ordinaire)
“value-added maple product” means (produit de l’érable à valeur ajoutée)
(a) maple syrup sold in a container of less than 5 litres,
(b) a product made from the processing of maple syrup including but not limited to maple cream, maple butter, maple sugar and maple candy, or
(c) any food that uses maple syrup or a maple product as an ingredient in its preparation.
“waterfront” , when referring to a lease or licence of occupation, means a lease or licence of occupation of Crown Lands located in whole or in part within 120 metres of a lake or within 75 metres of a river or stream of Order 4 or greater under the stream order classification system developed by A. N. Strahler. (riverain)
Terms and conditions of a disposition
3(1)No disposition shall be issued until the following conditions have been met:
(a) except for a licence of occupation, the Crown Lands referred to in the disposition have been surveyed in the manner required by the Minister and at the expense of the applicant; and
(b) if required by the Minister, a site development plan has been prepared by the holder of the disposition in accordance with any directions of the Minister.
3(2)The following terms and conditions, if applicable, apply to a disposition:
(a) the lands referred to in a disposition shall be used only for the approved use and purposes specified in the disposition;
(b) the holder of a disposition shall permit the Minister to inspect the lands referred to in the disposition at reasonable times to ensure that the provisions of the disposition are being complied with;
(c) the holder of a disposition shall comply with all laws, whether federal, provincial, municipal or rural community, respecting the use and occupation of the lands referred to in the disposition;
(d) the holder of a disposition shall deliver vacant possession on termination of the disposition;
(e) the condonation or overlooking of any default does not operate as a waiver;
(f) the Minister does not warrant the fitness of the lands for the purposes referred to in the disposition;
(g) if the lands referred to in the disposition are rendered totally unfit for the purposes of the disposition, the disposition shall be terminated at the request of the holder;
(h) the holder of a disposition shall indemnify the Minister against all claims resulting from that person’s use or occupation of the lands referred to in the disposition;
(i) unless otherwise authorized by the Minister, the holder of a disposition shall not remove from the lands referred to in the disposition any quarriable substances, minerals or trees and if the Minister authorizes the removal of quarriable substances, minerals or trees, that person shall comply with all applicable laws, including but not restricted to the Act, the Quarriable Substances Act and the Mining Act;
(j) the Minister is not responsible for providing or maintaining access to the lands referred to in the disposition;
(k) notices and changes under a disposition shall be in writing;
(l) all dispositions are subject to any changes to the Act and the regulations, or any legislation or regulations affecting the rights of the holder of the disposition;
(m) the holder of a disposition shall give notice of a change in mailing address within 60 days after an actual change of address;
(n) rental is due and payable on the first day of April of each year, except if another date is specified in the disposition, in which case rental it is due and payable at that date;
(o) if rental, or any other amount with respect to the disposition, becomes more than 30 days past due, the rate of interest on the outstanding balance is 13.5% per year, compounded monthly;
(p) a registered letter sent by the Minister to the holder of a disposition shall be deemed to have been received by the person to whom it was addressed 10 days following the date the letter is sent;
(q) the holder of a disposition shall maintain the lands referred to in the disposition in good repair, including any improvements and infrastructure on the lands;
(r) if the holder of a disposition is required to deliver vacant possession on termination of the disposition and fails to deliver vacant possession, all fixtures and personal property placed on the lands referred to in the disposition may, at the discretion of the Minister, be deemed abandoned, and in such case the fixtures and personal property may be disposed of by the Minister and at the holder’s expense;
(s) the holder of a disposition shall pay all charges for public utilities;
(t) the holder of a disposition shall pay all real property taxes within the time period set out in the Real Property Tax Act;
(u) if the holder of a disposition holds over the tenancy, the tenancy shall be monthly and, when terminated, the Minister shall rebate to the holder any paid but unearned rental calculated to the last day of the month in which the holder ceased occupation;
(v) the holder of a disposition shall adhere to the site development plan approved by the Minister according to the schedule provided for in the plan;
(w) the holder of a disposition shall not carry out any improvements that are not provided for in the disposition or the site development plan approved by the Minister;
(x) the site development plan approved by the Minister may be altered only with the approval of the Minister;
(y) the holder of a disposition shall, before the termination of the disposition, rehabilitate the lands referred to in the disposition to such extent as is reasonable under the circumstances and to the satisfaction of the Minister and, where the rehabilitation is not carried out, the Minister may rehabilitate the lands at the holder’s expense;
(z) a disposition may be cancelled by the Minister on any of the following events:
(i) the rental becomes 31 days past due;
(ii) the holder of the disposition is in breach of any agreement, term, condition or covenant of the disposition, other than for the payment of the rental, which has not been corrected within 30 days’ written notice to the holder;
(iii) the holder of the disposition has breached any requirement of the site development plan approved by the Minister;
(iv) the holder of the disposition’s rights under the disposition are seized or taken in execution or attachment by any creditor of the disposition, unless the holder has pledged the disposition as security for a debt in accordance with section 24.1 of the Act;
(v) the holder of a disposition makes an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any Act of the Legislature or an Act of the Parliament of Canada that may be in force for bankrupt or insolvent debtors, unless the holder has pledged the disposition as security for a debt in accordance with section 24.1 of the Act;
(vi) the lands referred to in the disposition have been vacant or unused for 3 consecutive years; or
(vii) the holder of a disposition assigns, sublets or otherwise conveys the beneficial use of the lands referred to in the disposition without the Minister’s prior consent;
(aa) if the Minister has been obliged to pay any amount on behalf of the holder of a disposition to protect or preserve the Minister’s rights or to prevent waste, the amounts shall be immediately due and payable by the holder as rental, in advance of all other amounts due or to become due as rental, and the Minister shall be entitled to distrain the property of the holder and to exercise all other remedies in relation to the overdue rental;
(bb) the Minister is under no duty to repair;
(cc) notices and changes under a disposition shall be in writing and unless otherwise required by the Minister, notices and correspondence to the Minister may be delivered personally to any office of the Minister or may be sent by prepaid registered mail to the Minister at the Crown Lands Branch, Department of Natural Resources, P.O. Box 6000, Fredericton, New Brunswick, E3B 5H1.
3(3)In addition to the terms and conditions referred to in subsection (2), a lessee shall have quiet enjoyment of the lands referred to in the lease.
3(4)Despite subsection (3), it is a term and condition of a recreational trail lease, where the approved use of the Crown Lands, as specified in the lease, is a snowmobile trail, that the lessee shall have exclusive use and quiet enjoyment of the lands referred to in the lease only during the period from December 15 to April 15, inclusive, of each year of the lease.
Fees for services
4(1)The fees prescribed in Column II of Schedule A shall be paid for those services set out in Column I of that Schedule.
4(2)The fees prescribed in Schedule A are non-refundable.
Rental
5(1)The annual rental is set out in Schedule B for the class of lease set out in that Schedule.
5(2)The annual rental is set out in Schedule C for a licence of occupation issued for the purpose referred to in that Schedule.
Royalties
6A holder of a licence of occupation who extracts, harvests or takes a resource referred in Column I of Schedule D shall pay royalties to the Crown set out in Column II of that Schedule.
Camping on Crown Lands
7(1)No person shall park a recreational vehicle on Crown Lands within 75 metres of a watercourse for the purposes of overnight camping unless
(a) the person is the holder of a special Crown reserve licence issued under section 8 of the General Angling Regulation - Fish and Wildlife Act and the person
(i) camps overnight at a site and location described in Schedule E for no longer than the period set out in the licence; and
(ii) parks his or her recreational vehicle 10 metres or more from the bank or shore of the waters specified in the licence,
(b) the person camps overnight at a site and location described in Schedule F and parks his or her recreational vehicle 10 metres or more from the bank or shore, or
(c) if overnight camping is permitted on the lands referred to in a disposition, the person complies with any terms or conditions for overnight camping set out in the disposition.
7(2)A person who violates or fails to comply with subsection (1) commits an offence.
7(3)If an offence under subsection (1) is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
7(4)If an offence under subsection (1) continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
Transitional provisions
8For the purpose of Schedule B of this Regulation
(a) the following classes of leases of Crown Lands, established under New Brunswick Regulation 89-32 under the Crown Lands and Forests Act, are deemed to pay standard rent:
(i) agricultural leases;
(ii) commercial leases;
(iii) communication leases;
(iv) industrial leases;
(v) recreational leases, other than where the approved use of the Crown Lands, as specified in the lease, is a snowmobile trail;
(vi) residential leases;
(vii) transportation leases;
(viii) utility leases;
(b) a wind farm lease where the approved use of the Crown Lands, as specified in the lease, is a wind farm, established under New Brunswick Regulation 89-32 under the Crown Lands and Forests Act, is deemed to be electrical energy generation site leases:
(c) a recreational lease where the approved use of the Crown Lands, as specified in the lease, is a snowmobile trail, established under New Brunswick Regulation 89-32 under the Crown Lands and Forests Act, is deemed to be a recreational trail lease;
(d) a non-fibre forestry lease where the approved use of the Crown Lands, as specified in the lease, is a maple sugary referred to in subsection 5(1.5) of New Brunswick Regulation 89-32 under the Crown Lands and Forests Act, is deemed to be a maple sugary lease producing value-added maple products if in the previous year 50 % or more of the gross sales of maple products from the maple sugary are from the sale of
(i) value-added maple products, or
(ii) maple syrup or maple sap from a New Brunswick maple processing plant that only sells maple products that are value-added maple products;
(e) a non-fibre forestry lease, other than a non-fibre-forestry lease referred to in paragraph (d), where the approved use of the Crown Lands, as specified in the lease, is a maple sugary referred to in subsection 5(1.5) of New Brunswick Regulation 89-32 under the Crown Lands and Forests Act, is deemed to be a maple sugary lease producing other than value added maple products.
Repeal
9New Brunswick Regulation 89-32 under the Crown Lands and Forest Act is repealed.
SCHEDULE A
Column I
Column II
Services
Fees
Leases
Application for a lease Crown Lands under section 23 of the Act
$300
 
To prepare a lease of Crown Lands or to prepare an amendment or renewal of a lease of Crown Lands
$200
 
Application for consent to the assignment of a lease of Crown Lands under paragraph 24(1)(d) of the Act
$200
 
Application for permission to sublet the premises under paragraph 24(1)(e) of the Act
$200
 
Application for amendment to a lease of Crown Lands under paragraph 24(1)(g) of the Act
$50
 
Application for renewal of a lease of Crown Lands under subsection 24(3) of the Act
$200
 
Licence of occupation
Application for issuance of a licence of occupation under section 26 of the Act, other than a licence of occupation for the construction of roads or the holding of a community activity
$300
 
To prepare a licence of occupation other than a licence of occupation for the construction of roads or the holding of a community activity
$200
 
Application for issuance of a licence of occupation for the holding of a community activity of no more than 2 weeks by a non-profit organization
$50
 
Application for amendment to a licence of occupation under section 26 of the Act
$50
 
To prepare of a renewal of a licence of occupation under section 26 of the Act
$200
 
Application for permission to assign a licence of occupation under section 26 of the Act
$200
 
Rights-of-way and easements
Application for granting a right-of-way or an easement with respect to Crown Lands
$500 for the first hectare or part of a hectare and $50 for each additional hectare
 
Grants, exchanges and transfers
Application for issuance of a grant of Crown Lands under paragraphs 13(b), (c) and (f) or section 13.1 of the Act
$300
 
Application for issuance of a grant of Crown Lands under paragraph 13(e) of the Act
$500 + $2.50 per hectare of the Crown Lands acquired
 
To prepare a grant of Crown Lands under section 13 or 13.1 of the Act
$200
 
Application for making an order under section 16 of the Act
$300
 
Application for granting or conveying land under section 16.1 of the Act
$300
 
To prepare a document evidencing that the Minister has granted or conveyed under section 16.1 the land referred to in section 16
$200
 
Application for conveying Crown Lands under paragraph 21(a), (b), (c) or section 21.1 of the Act
$300
 
To prepare a document evidencing that the Minister has conveyed Crown Lands under section 21 or 21.1
$200
 
Application for a conveyance of Crown Lands under paragraph 21(d) of the Act
$500 + $2.50 per hectare of the Crown Lands acquired
 
Application for granting a portion of a reserved road under subsection 82(1) of the Act
$300
 
Application for the discontinuance of a portion of a reserved road under subsection 83(2) of the Act
$300
 
Application for declaring a parcel of land that is wholly situated on Crown Lands to be surplus land
$200
 
Construction of roads
Application for permission for the construction of a road on a reserved road under section 84 of the Act
$150
 
Application for issuance of a licence of occupation under section 26 for the construction of a road on Crown Lands that is not a reserved road
$150
SCHEDULE B
1Unless this Schedule specifically provides otherwise, the rental for a lease of Crown Lands is the standard lease rental and is calculated as follows:
(a) from June 1, 2009 to March 31, 2010,
for the first 10 hectares of lands + $29 per hectare for lands in excess of 10 hectares (or a minimum rental of $160, whichever amount is greater)
(b) from April 1, 2010 to March 31, 2011,
for the first 10 hectares of lands + $36 per hectare for all lands in excess of 10 hectares (or a minimum rental of $200, whichever amount is greater)
(c) on or after April 1, 2011,
for the first 10 hectares of lands + $43 per hectare for all lands in excess of 10 hectares (or a minimum rental of $240, whichever amount is greater)
2The rental for an institutional lease that is non-waterfront is 10% of the standard lease rental, with a minimum rental of $100.
3The rental for a municipal lease that is non-waterfront is 10% of the standard lease rental, with a minimum rental of $100.
4The rental for a waterfront lease is 2 times the standard lease rental.
5The rental for a municipal lease that is waterfront is 20% of the standard lease rental, with a minimum rental of $100.
6The rental for an institutional lease that is waterfront is 20% of the standard lease rental, with a minimum rental of $100.
7The rental for a maple sugary lease that is non-waterfront
(a) producing value-added maple products is 50% of the standard lease rental,
(b) other than a lease producing value-added maple products, is 80% of the standard lease rental.
8The rental for a non-fibre forestry lease that is non-waterfront, except for maple sugaries, is 50% of the standard lease rental.
9The rental for a recreational trail lease that is non-waterfront is $2 per km of trail, with a minimum rental of $100.
10The rental for an electrical energy generation site lease is
Where
ha is the number of hectares of Crown Lands specified in the lease
B is the sum, in megawatts, of the name plate capacities of all installed turbines.
SCHEDULE C
1Unless this Schedule specifically provides otherwise, the rental for a licence of occupation issued in relation to Crown Lands is 50% of the standard lease rental that would be payable for a lease of those Crown Lands.
2The rental for an institutional licence of occupation that is non-waterfront is 5% of the standard lease rental, with a minimum rental of $50.
3The rental for a licence of occupation issued for a municipal purpose that is non-waterfront is 5% of the standard lease rental, with a minimum rental of $50.
4The rental for a licence of occupation issued for the purpose of a commercial sign is $500 per sign.
5The rental for a licence of occupation to explore for wind energy is $1 per hectare + $640 per test device and a $3 per hectare additional fee for an option agreement, if applicable.
6The rental for a licence of occupation issued for the purpose of a recreational trail is $2 per kilometres of trail, with a minimum rental of $100.
7The rental for a licence of occupation authorizing the extraction, the harvesting or the taking of ascophylum nodosum (rockweed) is $500.
8The rental for a licence of occupation issued for the purpose of occupying and using Crown Lands for a period, including all renewals, of less than 6 months is $0.
9The rental for a licence of occupation issued for the purpose of constructing an access road open to the public is $0.
10The rental for a waterfront licence of occupation is the standard lease rental.
11The rental for a licence of occupation issued for a municipal purpose that is waterfront is 10% of the standard lease rental, with a minimum rental of $100.
12The rental for a institutional licence of occupation that is waterfront is 10% of the standard lease rental, with a minimum rental of $100.
SCHEDULE D
Column I
Column II
Resource or material taken from Crown Lands under a licence of occupation
Royalty
 
Ascophylum nodosum (rockweed)
$1.00 per 1,000 kilograms or wet tonne harvested
SCHEDULE E
Site
Location
 
Nepisiguit River (Elbow pool)
N 47° 23' 34.97?, W 66° 24' 13.19?
Caribou Lake
N 47° 32' 40.82?, W 66° 17' 18.81?
Crooked Rapids
N 47° 42' 03.21?, W 66° 45' 17.34?
Craven’s Gulch
N 47° 39' 16.09?, W 66° 43' 45.19?
California Lake
N 47° 27' 04.18?, W 66° 09' 41.08?
North West Upsalquitch
N 47° 36' 34.15?, W 66° 48' 28.80?
Upper Peaked Mountain Lake
N 46° 45' 02.49?, W 66°31' 49.67?
Kenny Lake
N 47° 14' 37.88?, W 66° 19' 04.36?
SCHEDULE F
Site
Location
 
Scott Brook Campsite
St. Croix River