National Parks of Canada Lease and Licence of Occupation Regulations — 18
18 (1) Subject to section 19, the Minister may, for any term not exceeding 42 years and on such terms and conditions as the Minister thinks fit, grant licences of occupation of public lands (a) in the Town of Jasper and visitor centres 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 for 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 used for the purposes of trade, tourism, schools, churches, hospitals and places for recreation or entertainment; and (e) outside the Town of Jasper or the Town of Banff, 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) Subject to subsection (3), a licence of occupation of public lands granted pursuant to paragraph (1)(a) or (c) (a) may be granted only to (i) an eligible resident, (ii) a corporation or enterprise that operates a business in a park where the purpose of the licence is for residence of employees whose primary employment is in the park, (iii) a person who held a licence of occupation in respect of those lands, or the personal representative or heir of a licensee of those lands, if the licence of occupation has expired and if there has been no lease or licence of occupation granted since that licence of occupation expired, and (iv) a corporation or enterprise that, operates a business in a park, where the purpose of the licence is the development of residential housing intended for eligible residents; and (b) in the case of public lands located in the Town of Banff, the Town of Jasper or a visitor centre in Yoho National Park of Canada or Banff National Park of Canada, shall include a term providing that if the public lands are at any time occupied by any person who is not an eligible resident, the Minister may terminate the licence. (3) A licensee who has been granted a licence of occupation pursuant to paragraph (1)(a) or (c) shall, on the request of the Minister, provide to the Minister evidence, by way of affidavit or solemn declaration, that each occupant of the public lands in respect of which the licence applies is an eligible resident. (4) Where a licensee referred to in subsection (3) is a corporation, the evidence required by that subsection shall be provided by an officer of the corporation. (5) The Minister shall not consent to the assignment of a licence of occupation of public lands that is granted for the purpose of residence or, in the case of a licence of occupation of public lands in the Town of Banff, a licence of occupation of public lands that are used for residence, if the 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 licensee, prior to the assignment of the licence, agrees to include in the licence the term set out in paragraph (2)(b). (6) Subsection (5) does not apply in respect of a licence of occupation 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 licensed public lands have not been designated through a management plan or guidelines referred to in subsection (5) as lands available only to eligible residents. (7) Subject to subsection (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