Acts and Regulations

2020-45 - Crown Lands and Forests Act

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NEW BRUNSWICK
REGULATION 2020-45
under the
Crown Lands and Forests Act
(O.C. 2020-167)
Filed July 16, 2020
1Section 2 of New Brunswick Regulation 2009-62 under the Crown Lands and Forests Act is amended
(a) by repealing the definition “value-added maple product”;
(b) by adding the following definitions in alphabetical order: 
“lease area” means the number of hectares of Crown Lands included in a lease issued under the Act.(superficie)
“maple sugary lease” means a lease of Crown Lands issued for the purpose of producing(concession à bail relative aux érablières)
(a) maple syrup,
(b) sap,
(c) a product made from the processing of maple syrup, including maple cream, maple butter, maple sugar and maple candy, or
(d) any other food or beverage that uses maple syrup, sap or a maple product as an ingredient in its preparation.
(c) by adding the following definitions in alphabetical order: 
“appraiser” means a member of the Appraisal Institute of Canada who holds the designation of Accredited Appraiser Canadian Institute (AACI).(évaluateur)
“camp lot lease” means a lease of Crown Lands issued for the purpose of erecting or constructing on that parcel of Crown Lands a building that provides temporary accommodation and is not a principal place of residence.(concession à bail pour lots de camps)
2Subsection 3(1) of the Regulation is amended
(a) in paragraph (a) of the English version by striking out “and” at the end of the paragraph;
(b) in paragraph (b) by striking out the period at the end of the paragraph and substituting a semicolon followed by “and”;
(c) by adding after paragraph (b) the following: 
(c) if required by the Minister, environmental impairment insurance has been obtained by the holder of the disposition in an amount determined by the Minister.
3Schedule A of the Regulation is repealed and the attached Schedule A is substituted.
4Schedule B of the Regulation is repealed and the attached Schedule B is substituted.
5Schedule C of the Regulation is repealed and the attached Schedule C is substituted.
6Paragraphs 1(a) and (b) and sections 4 and 5 of this Regulation come into force on April 1, 2021.
SCHEDULE A
Column I
Column II
Services
Fees
Leases
Application for a lease of Crown Lands under section 23 of the Act, other than a camp lot lease or a recreational trail lease
$1,400 
 
Application for a camp lot lease under section 23 of the Act
$500
 
Application for a recreational trail lease under section 23 of the Act
$750
 
Application for a renewal of a lease of Crown Lands under subsection 24(3) of the Act, other than a camp lot lease
$500
 
Application for a renewal of a camp lot lease under subsection 24(3) of the Act
$100
 
Application for consent to the assignment of a lease of Crown Lands under paragraph 24(1)(d) of the Act
$200
 
Application for consent to sublet the premises under paragraph 24(1)(e) of the Act
$150
 
Application for amendment to a lease of Crown Lands under paragraph 24(1)(g) of the Act, other than a recreational trail lease
$300
 
Application for amendment to a recreational trail lease under paragraph 24(1)(g) of the Act
$200
 
Licence of occupation
Application for issuance of a licence of occupation under subsection 26(1) of the Act, other than a licence of occupation for the construction of roads or the holding of a community activity
$750
 
Application by a non-profit organization for issuance of a licence of occupation under subsection 26(1) of the Act for the holding of a community activity of no more than 2 weeks
$75
 
Application for issuance of a licence of occupation under subsection 26(2) of the Act
$750 + $80 per pole
 
 
Application for amendment to a licence of occupation under section 26 of the Act
$200 
 
Application for 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 under section 25 of the Act by a local government or non-profit organization for granting a right-of-way or an easement on Crown Lands  
$850
 
Application under section 25 of the Act for granting a right-of-way or an easement on Crown Lands for purposes other than commercial or industrial purposes
$850
 
Application under section 25 of the Act for granting a right-of-way or an easement on Crown Lands for commercial or industrial purposes
$850 + 80% of the market value of the right-of-way or easement that is determined by an appraiser
 
Application under section 25 of the Act by a municipal distribution utility as defined in the Electricity Act for granting a right-of-way or an easement on Crown Lands for the purpose of transmitting or conducting electricity over transmission lines or distribution lines
$850 + 7.5% of the market value of the right-of-way or easement that is determined by an appraiser
 
Application under section 25 of the Act by NB Power for granting a right-of-way or an easement on Crown Lands for the purpose of transmitting or conducting electricity over transmission lines or distribution lines that are 2 km long or less
$850 + 7.5% of the market value of the right-of-way or easement that is determined by an appraiser
 
Application under section 25 of the Act by NB Power for granting a right-of-way or an easement on Crown Lands for the purpose of transmitting or conducting electricity over transmission lines or distribution lines that are more than 2 km long
$850 + $1 per km
 
Application under section 25 of the Act by a telecommunications services provider as defined in the Emergency 911 Act for granting a right-of-way or an easement on Crown Lands for the purpose of transmitting telecommunication
$850 + 20% of the market value of the right-of-way or easement that is determined by an appraiser
 
Grants, exchanges and transfers
Application for issuance of a grant of Crown Lands under paragraphs 13(b), (c) and (f) of the Act
$1,500
 
Application for issuance of a grant of Crown Lands under paragraph 13(e) of the Act
$1,600 for first 75 ha, or any area up to 75 ha, of Crown Lands requested plus $20 for each additional requested hectare above 75 ha to a maximum of $2,000
 
Application for issuance of a grant of Crown Lands under section 13.1 of the Act
$650 
 
Application for making an order under section 16 of the Act
$650
 
Application for granting or conveying Crown Lands under section 16.1 of the Act
$650
  
Application for conveying Crown Lands under paragraphs 21(a), (b) and (c) of the Act
$1,500
 
Application for conveying Crown Lands under paragraph 21(d) of the Act
$1,600 for first 75 ha, or any area up to 75 ha, of Crown Lands requested plus $20 for each additional requested hectare above 75 ha to a maximum of $2,000
 
Application for conveying Crown Lands under section 21.1 of the Act
$650
 
Application for granting a portion of a reserved road under subsection 82(1) of the Act
$1,100
 
Application for the discontinuance of a portion of a reserved road under subsection 83(2) of the Act
$650
 
Application for declaring a parcel of land that is wholly situated on Crown Lands to be surplus land
$1,500
 
Construction of roads
Application for permission for the construction of a road on a reserved road under section 84 of the Act
$200
 
Application for issuance of a licence of occupation under subsection 26(1) of the Act for the construction of a road on Crown Lands that is not a reserved road
$200
SCHEDULE B
1Unless this Schedule specifically provides otherwise, the rental for a lease of Crown Lands is $400 or the standard lease rental calculated as follows, whichever is greater:
MV × 10%
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be.
2For the purpose of calculating the standard lease rental or a rental referred to in sections 4 to 7, the market value of the following lease areas is as follows:
MARKET VALUE (MV)
LEASE AREA (A)
 
MV0= $4,000
A0 = less than 0.4047 ha
MV1 = $4,000
A1 = 0.4047 ha
MV2= $16,000
A2 = 10.1172 ha
MV3 = $35,000
A3 = 29.9469 ha
MV4 = $65,000
A4 = 59.8937 ha
MV5 = $410,000
A5 = 600.1512 ha
3For the purpose of calculating the standard lease rental or a rental referred to in sections 4 to 7, the market value of a lease area that is not a lease area specified in section 2 is calculated as follows: 
(a) for a lease area that is more than 0.4047 ha and less than 10.1172 ha
(
(lease area – A1)
x
(
MV2 – MV1
)
)
+
MV1
A2 – A1
(b) for a lease area that is more than 10.1172 ha and less than 29.9469 ha
(
(lease area – A2)
x
(
MV3 – MV2
)
)
+
MV2
A3 – A2
(c) for a lease area that is more than 29.9469 ha and less than 59.8937 ha
(
(lease area – A3)
x
(
MV4 – MV3
)
)
+
MV3
A4 – A3
(d) for a lease area that is more than 59.8937 ha and less than 600.1512 ha
(
(lease area – A4)
x
(
MV5 – MV4
)
)
+
MV4
A5 – A4
(e) for a lease area that is more than 600.1512 ha
lease area
x
(
MV5
)
A5
4The rental for an affiliated angling lease is $840 or the amount calculated as follows, whichever is greater: 
MV × 21%
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be.
5The rental for an electrical energy generation lease that is waterfront or non-waterfront is $5,130 or the amount calculated as follows, whichever is greater: 
(MV × 22%) + ($4,250 × B)
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be, and
B is the sum, in megawatts, of the name plate capacities of all installed turbines.
6The rental for a lease that is waterfront for industrial, commercial or transportation purposes is $840 or the amount calculated as follows, whichever is greater: 
MV × 21%
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be.
7The rental for a lease that is non-waterfront for industrial, commercial or transportation purposes is $420 or the amount calculated as follows, whichever is greater: 
MV × 10.5%
where
MV is the market value specified in section 2 or calculated in accordance with section 3, as the case may be.
8The rental for a waterfront lease is $800 or two times the standard lease rental, whichever is greater.
9The rental for an institutional lease that is non-waterfront is $250 or 10% of the standard lease rental, whichever is greater.
10The rental for an institutional lease that is waterfront is $250 or 20% of the standard lease rental, whichever is greater.
11The rental for a municipal lease that is non-waterfront is $250 or 10% of the standard lease rental, whichever is greater.
12The rental for a municipal lease that is waterfront is $250 or 20% of the standard lease rental, whichever is greater.
13The rental for a non-fibre forestry lease, including a maple sugary lease, that is waterfront or non-waterfront is $400 or 50% of the standard lease rental, whichever is greater.
14The rental for a recreational trail lease that is waterfront or non-waterfront is $250 or $2 per km of trail, whichever is greater.
15The rental for a submerged land lease is $400 or the standard lease rental, whichever is greater.
16The rental for a waterfront lease issued for the purposes of the building or erecting of structures, works or activities required to protect the environment or infrastructure, to prevent imminent and significant danger to property, or to protect the safety of the public is $400 or the standard lease rental, whichever is greater.
17The rental for a communication tower lease that is waterfront or non-waterfront for commercial purposes is calculated as follows: 
(a) for a lease area that is 5 ha or less, $1,750 or the amount calculated as follows, whichever is greater:
$1,750 × lease area
(b) for a lease area that is more than 5 ha:
$8,750 + the standard lease rental for a lease of Crown Lands that has an area equal to (lease area – 5 ha).
18The rental for a communication tower lease that is waterfront or non-waterfront for purposes other than commercial purposes is $400 or the standard lease rental, whichever is the greater.
SCHEDULE C
1Unless this Schedule specifically provides otherwise, the rental for a licence of occupation issued under subsection 26(1) of the Act is $200 or 50% of the standard lease rental that would be payable for a lease of those Crown Lands, whichever is greater.
2The rental for a waterfront licence of occupation is $400 or the standard lease rental, whichever is greater.
3The rental for an institutional licence of occupation that is non-waterfront is $125 or 5% of the standard lease rental, whichever is greater.
4The rental for an institutional licence of occupation that is waterfront is $125 or 10% of the standard lease rental, whichever is greater.
5The rental for a licence of occupation issued for a municipal purpose that is non-waterfront is $125 or 5% of the standard lease rental, whichever is greater.
6The rental for a licence of occupation issued for a municipal purpose that is waterfront is $125 or 10% of the standard lease rental, whichever is greater.
7The rental for a licence of occupation that is waterfront or non-waterfront and is issued for the purpose of a recreational trail is $250 or $2 per kilometre of trail, whichever is greater.
8The rental for a submerged land licence of occupation is $200 or 50% of the standard lease rental, whichever is greater.
9The rental for a licence of occupation issued for the purpose of a commercial sign is $500 per sign.
10The rental for a licence of occupation to explore for wind energy is as follows: 
(a) a licence of occupation without an exclusive option to apply for an electrical energy generation lease, $1 per hectare + $800 per test device; and
(b) a licence of occupation with an exclusive option to apply for an electrical energy generation lease, $4 per hectare + $800 per test device.
11The rental for a licence of occupation authorizing the extraction, the harvesting or the taking of ascophylum nodosum (rockweed) is $500.
12The 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.
13The rental for a licence of occupation issued for the purpose of constructing an access road open to the public is $0.