21.1 (1) Subject to subsections (5), (6), (7), (8), (9) and (11) and the regulations, a person is authorized under this section to occupy public lands for the purpose of doing either or both of the following: 1. Erecting or placing on the public lands a building, structure or thing that is of a type or class prescribed by regulation or that meets the specifications prescribed by regulation. 2. Using any building, structure or thing located on the public lands that is of a type or class prescribed by regulation or that meets the specifications prescribed by regulation, whether it was erected or placed on the public lands by the person or by another person. 2017, c. 2, Sched. 14, s. 21. No instrument required to authorize possession, etc. (2) For greater certainty, a person who is authorized to occupy public lands under this section is not required to, (a) obtain a lease, licence, permit or other instrument under this Act to occupy the lands; or (b) obtain the written consent of the Minister or an officer authorized by the Minister under section 27 in respect of activities related to erecting or placing a building, structure or thing on the public lands. 2017, c. 2, Sched. 14, s. 21. Regulations re authorized persons (3) A regulation may provide that a person is not authorized to occupy public lands under this section unless the person meets the criteria prescribed by regulation. 2017, c. 2, Sched. 14, s. 21. Regulations re public lands (4) If a regulation prescribes, for the purposes of this section, a type or class of building, structure or thing that is intended to float on water or to be suspended over lands, this section applies to the occupation of any public lands over which the building, structure or thing floats or is suspended as though it were erected or placed on the public lands. 2017, c. 2, Sched. 14, s. 21. Certain public lands excluded (5) This section does not apply to public lands if, (a) the public lands are in the possession of, or occupied by, another person and that possession or occupation is authorized under this Act or under any other Act prescribed by regulation; (b) the public lands are subject to a land use plan described in section 12.2 and the purpose for which the person wishes to occupy the lands is not consistent with the land use plan; (c) the Minister has given notice under clause 28 (1) (a) in respect of the public lands and the purpose for which the person wishes to occupy the public lands is not consistent with the notice; or (d) such circumstances or conditions as may be prescribed by the regulations exist. 2017, c. 2, Sched. 14, s. 21. Limitation on extent of occupation, etc. (6) The public lands that a person may occupy under this section are limited to, (a) the lands on which the building, structure or thing referred to in subsection (1) is erected or placed; and (b) any additional lands prescribed by regulation that are required for erecting or placing the building, structure or thing. 2017, c. 2, Sched. 14, s. 21. Duration of occupation, etc. (7) A person who occupies public lands under this section shall vacate the lands on or before the earlier of the following dates: 1. The date prescribed by regulation. 2. The date specified by the Minister in a notice given to the person under subsection (8). 2017, c. 2, Sched. 14, s. 21. Notice to vacate lands (8) The Minister may, at any time and for any reason, give a person who occupies public lands under this section notice to vacate the lands. 2017, c. 2, Sched. 14, s. 21. Duty to remove building, etc. (9) A person who is required to vacate public lands under subsection (7) shall remove from the lands, at the person’s own expense, any building, structure or thing that the person erected or placed on the lands or that the person was using on the public lands on or before the date on which the person is required to vacate the public lands. 2017, c. 2, Sched. 14, s. 21. How notice given, etc. (10) A notice to vacate public lands shall be given in the manner prescribed by regulation and shall meet such other requirements as may be prescribed by regulation. 2017, c. 2, Sched. 14, s. 21. Duty to comply with notice (11) A person occupying public lands under this section to whom a notice is given under subsection (8) shall comply with the notice. 2017, c. 2, Sched. 14, s. 21. Minister taking possession (12) For greater certainty, a person who fails to vacate public lands in accordance with a notice given under subsection (8) or after the date prescribed by regulation is considered to be in possession or occupation of the public lands without lawful authority for the purposes of section 24. 2017, c. 2, Sched. 14, s. 21. Nature of occupancy, etc. (13) A person who occupies public lands under this section does not, by virtue of such occupation, acquire any right, claim or title to the lands or any interest in the lands. 2017, c. 2, Sched. 14, s. 21. Regulations (14) The Lieutenant Governor in Council may make regulations, (a) governing the occupation of public lands under this section, including the types or classes of buildings, structures or things that may be erected or placed on the public lands and the use of such buildings, structures or things; (b) respecting anything that this section requires, permits or authorizes to be prescribed by regulation or to be done by or in accordance with the regulations; (c) prescribing conditions or limitations relating to the occupation of public lands and the erection, placement or use of any building, structure or thing on the public lands; (d) respecting notices to vacate public lands, including the manner in which the notices shall be given; (e) respecting rules and requirements that apply to the vacating of public lands by a person who occupied the lands under this section, and requiring persons to comply with the rules and requirements; (f) establishing a registration system for persons occupying public lands under this section and requiring persons to register in accordance with the regulations; (g) respecting any transitional matters arising from the making of a regulation under this section; (h) exempting any person, building, structure or thing or public lands, or class thereof, from this section or any requirement in this section. 2017, c. 2, Sched. 14, s. 21. Restricting common law right of passage (15) For greater certainty, a regulation made under this section may remove or restrict any common law right of passage of the public over a road as defined in section 48, including over a road allowance on public lands. 2019, c. 14, Sched. 15, s. 56. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 21 - 22/03/2017 2019, c. 14, Sched. 15, s. 56 - 10/12/2019