National Parks of Canada Lease and Licence of Occupation Regulations — 3
3 (1) Subject to subsection (2) and sections 4 and 19, the Minister may, for any term not exceeding 42 years and on such terms and conditions as the Minister thinks fit, grant leases of public lands (a) in the Town of Jasper, visitor centres and resort subdivisions for the purpose of residence; (b) in the Town of Jasper and visitor centres for the purposes of trade, tourism, schools, churches, hospitals and places of recreation or entertainment; (c) in the Town of Banff, where the public lands are to be used for the purpose of residence; (d) in the Town of Banff, where the public lands are to be used for the purposes of trade, tourism, schools, churches, hospitals and places of recreation or entertainment; and (e) outside the Town of Banff or the Town of Jasper, visitor centres and resort subdivisions for the purposes of tourism, schools, churches, hospitals, service stations and places for the accommodation, recreation or entertainment of visitors to the parks. (2) No lease of public lands shall be granted (a) until the public lands have been surveyed in accordance with the Canada Lands Surveys Act and unless the description of the lands in the lease is based on an official plan or plans under that Act; or (b) unless, where the Minister so directs, the lease describes the public lands by (i) reference to an explanatory plan approved by and in the custody of the Surveyor General, or (ii) a metes and bounds description, or the equivalent thereof, prepared under the direction of and approved by the Surveyor General. (3) A lease granted pursuant to subsection (1) may contain a covenant for renewal, on such terms and conditions as the Minister thinks fit, for terms that do not exceed 21 years in the aggregate, where the initial term of the lease and the terms of all renewals do not exceed 49 years. (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. (4) In addition to the rent based on a rental rate set out in section 7, 8, 11 or 13, at the time a lease of public lands is granted the lessee shall pay to the Minister a sum, known as a release fee, equal to the market value of the leasehold interest and in the case of public lands leased pursuant to Article 9.4 of the Banff Incorporation Agreement, a sum determined in accordance with that Article. (5) Subsection (4) does not apply where (a) a lease is granted to a person, personal representative or heir referred to in subparagraph 4(1)(a)(iii) and the lease is in respect of public lands referred to in that subparagraph; (b) a lease is granted consequential to the subdivision of public lands in respect of which (i) a lease already applies, or (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; (c) a lease is granted to the Corporation of the Town of Banff pursuant to paragraph (1)(d) of this section and Article 9.1 of the Banff Incorporation Agreement; (d) a lease is granted in accordance with paragraph (1)(b),(d) or (e) to the same lessee who immediately prior to its expiry held a lease on the same lands; or (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. (6) For the purposes of subsection (4), the Minister shall determine the market value of a leasehold interest on the basis of an appraisal of that leasehold interest or a comparable leasehold interest. (7) The Minister may, with the agreement of the lessee, amend a lease of public lands. (8) The Minister may accept the surrender of a lease of public lands. (9) The Minister shall not amend,