National Parks of Canada Lease and Licence of Occupation Regulations — 18
n (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 (i) a percent per annum that is agreed to by the Minister and the licensee of the annual gross revenue from business conducted on or from those licensed public lands by the licensee and any sublicensee or concessionaire, and (ii) an amount that is agreed to by the Minister and the licensee. (8) A licence of occupation shall provide for a review of the fee with respect to the licence at least once every five years from the time of the granting of the licence. (9) In addition to the fee with respect to a licence of occupation, at the time the licence is granted the licensee shall pay to the Minister a sum, known as a release fee, equal to the market value of the licence. (10) Subsection (9) does not apply where (a) a licence of occupation is granted to a person, personal representative or heir of a licensee described in subparagraph (2)(a)(iii) and the licence of occupation is in respect of lands referred to in that subparagraph; (b) a licence of occupation is granted as a consequence of the subdivision of the public lands in respect of which a licence of occupation applies; (c) a licence of occupation is granted to the Corporation of the Town of Banff pursuant to paragraph (1)(d) of this section and Articles 9.1 and 9.3 of the Banff Incorporation Agreement; (d) a licence of occupation is granted in accordance with paragraph (1)(b) or (d) to the same licensee who immediately prior to its expiry held a licence of occupation of the same lands; or (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. (11) For the purpose of subsection (9), the Minister shall determine the market value of a licence of occupation on the basis of an appraisal of the market value of the licence or a comparable licence of occupation. (12) No licence of occupation of public lands gives the licensee any leasehold estate or other estate or interest in land. (13) The Minister may, with the agreement of the licensee, amend a licence of occupation of public lands. (14) The Minister may accept the surrender of a licence of occupation. (15) The Minister shall not amend, or accept the surrender of, a licence of occupation of public lands for purposes relating to the subdivision of the lands — other than in the Town of Banff — unless the Minister has granted final approval for the subdivision under subsection 40 (1) of the National Parks of Canada Land Use Planning Regulations . (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. (18) The Minister shall not grant a licence of occupation of public lands for the purposes of a hotel, motel, bungalow camp or other fixed bed accommodation, or grant a licence of occupation of public lands in the Town of Banff that are used for those purposes, or consent to the assignment of any of those licences, unless the licensee, prior to the granting or assignment of the licence, agrees to include in the licence covenants that the licensee will (a) reserve the quota, until 10 months before the beginning of each Easter period, in respect of that Easter period and the following summer period, for bookings by residents of Canada; (b) where the licensee has a marketing