Acts and Regulations

2011, c.136 - Crown Grant Restrictions Act

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Current to 1 January 2024
2011, c.136
Crown Grant Restrictions Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“grant” means(concession)
(a) a grant of land issued by the Crown before January 1, 1900, whether or not before the erection of the Province, or
(b) letters patent issued by the Crown before January 1, 1900, whether or not before the erection of the Province.
“grantee” includes the grantee and the grantee’s executors, administrators, successors, heirs and assigns. (concessionnaire)
“land” means any land in the Province or any part of it or any interest in it, and includes any premises, tenements or hereditaments. (bien-fonds)
“restriction” includes a requirement, exception, reservation, covenant, condition, stipulation or proviso. (restriction)
1983, c.C-37.1, s.1
Application
2This Act does not affect a forfeiture of land if, before February 27, 1984, the Crown has recovered possession of the land or has granted the forfeited land a subsequent time.
1983, c.C-37.1, s.3
This Act binds the Crown in right of the Province
3The Crown in right of the Province is bound by this Act.
1983, c.C-37.1, s.4; 2023, c.17, s.54
Release and waiver of restrictions
4(1)Any restriction contained in any grant is released and waived and is void and of no effect if the restriction is to the effect that
(a) the grantee pay an annual quit-rent,
(b) the grantee clear, cultivate, seat, enclose, dyke, repair or maintain dykes, improve, sow, plant, sow or plant specified crops or drain the land,
(c) the grantee dig a stone quarry or other mine, or cut wood, or employ labour in digging any stone quarry or other mine or in the cutting of wood,
(d) the grantee settle the land with families with proper stock and material for improvement of the land,
(e) the grantee erect on the land a dwelling house,
(f) any person who subsequently comes into possession of the land shall take an oath prescribed by law and make and subscribe a declaration before a magistrate and record the declaration in the Secretary’s Office,
(g) the grantee keep or put neat cattle on the land,
(h) the grantee settle protestant persons, settlers, inhabitants or families on the land,
(i) the grantee continue in the occupation of catching and curing fish,
(j) the Crown reserves white pine trees,
(k) the grantee keep and maintain a good and sufficient grist mill,
(l) the land shall not be appropriated to any use other than for wharves and storehouses to be erected and built on it and which when built shall ever remain and continue to be for the sole use and purpose of landing, storing and safekeeping of lumber, cured fish, grain and other goods that shall be brought there to be stored and for no other purpose, or
(m) the grantee shall not at any time or times hereafter build, erect, establish or carry on or cause to be built, erected, established or carried on on the land any slaughterhouse, tallow chandlery, soap boilery, smithery, foundry, tannery or other noisome or offensive trade or business, or use or occupy any of the buildings on the land or any part of them for any of these purposes, and shall not and will not keep a tavern or use or follow the business of selling any spirituous or strong liquors by retail in quantities under five gallons on the land.
4(2)Subject to section 2, if there is or has been an omission or failure to comply with any restriction described in subsection (1) and contained in a grant, any right that the Crown may as a result have been entitled to is waived and released so that the land vests either absolutely or otherwise in the person who would have been entitled to it but for the omission or failure.
1983, c.C-37.1, s.2
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.