National Parks of Canada Lease and Licence of Occupation Regulations — 3
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, or accept the surrender of, a lease 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 . (10) The Minister shall not consent to an assignment of a lease of public lands that is granted for the purpose of residence or, in the case of a lease of public lands in the Town of Banff, a lease of public lands that are used for the purpose of residence, if the leased public lands have been designated through a management plan tabled in each House of Parliament pursuant to section 11 of the Act or through guidelines established by the Minister as public lands available only to eligible residents, unless the lessee, prior to the assignment of the lease, agrees to include in the lease the term set out in paragraph 4(1)(b). (11) Subsection (10) does not apply in respect of a lease of public lands in a visitor centre or resort subdivision in Waterton Lakes National Park of Canada, Jasper National Park of Canada, Wood Buffalo National Park of Canada, Prince Albert National Park of Canada or Riding Mountain National Park of Canada that is granted for the purpose of residence if the leased public lands have not been designated through a management plan or guidelines referred to in that subsection as lands available only to eligible residents. (12) The Minister shall not grant a lease of public lands for the purposes of a hotel, motel, bungalow camp or other fixed bed accommodation, or grant a lease of public lands in the Town of Banff that are to be used for those purposes or consent to the assignment of any of those leases, unless the lessee, prior to the granting or the assignment of the lease, agrees to include in the lease covenants that the lessee 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 lessee has a marketing plan, design it so that the quota for bookings by residents in Canada is reserved as set out in paragraph (a) and submit it to the superintendent not later than January 31 of the second year preceding the year in respect of which it applies; and (c) keep and retain registration records that specify, in respect of the Easter period and the summer period, the percentage of the occupancy capacity used by residents of Canada and, on 60 days written notice by the superintendent, make the registration records available to the superintendent. (13) Where a lease of public lands without improvements, other than a lease of public lands in the Town of Banff, granted for the purposes of trade, tourism, service stations or places for the accommodation, recreation or entertainment of visitors to the parks does not include a term providing that the lessee shall undertake and complete prescribed construction within a prescribed period, the Minister shall not consent to the assignment of the lease unless, prior to that assignment, the lessee agrees to include that term in the lease. SOR/94-313, s. 2(F); 1998, c. 14, s. 101(F); SOR/2002-237, ss. 5, 27(F), 28(F); SOR/2009-322, s. 20 SOR/2024-230, s. 52