Legislative Assembly of New Brunswick
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An Act to Amend the Crown Lands and Forests Act

Legislature :
55
Session :
3
Bill No. :
11
Member :
Hon. Ashfield
First Reading :
2005-12-9
Second Reading :
2005-12-13
Committee of the Whole :
2006-6-20
Amended :
Third Reading :
2006-6-21
Royal Assent :
2006-6-22
Download PDF :
Bill 11

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by repealing the definition "royalty" and substituting the following:



"royalty" means the amount prescribed by regulation that is payable to the Crown



(a)               for timber harvested on Crown lands, or



(b)               for any other resource prescribed by regulation that is extracted, harvested or taken from Crown Lands;



2                           Section 23 of the Act is repealed and the following is substituted:



23(1)               The Minister may lease Crown Lands.



23(2)               A lease of Crown Lands under subsection (1) may be issued following a call for tenders or a call for proposals made in accordance with the regulations, if any.



3                           Subsection 24(1) of the Act is amended



(a)               by repealing paragraph (a) and substituting the following:



(a)               shall be for a period not exceeding twenty years or, with the approval of the Lieutenant-Governor in Council, for a period not exceeding thirty years,



(b)               in paragraph (e) by striking out "and" at the end of the paragraph;



(c)               in paragraph (f) by striking out the period at the end of the paragraph and substituting a comma followed by "and";



(d)               by adding after paragraph (f) the following:



(g)               may be amended by the Minister.



4                           Section 25 of the Act is repealed and the following is substituted:



25(1)               Subject to any terms, conditions and reservations that he or she considers advisable, the Minister may grant a right-of- way or easement with respect to Crown Lands.



25(2)               A right-of-way or easement with respect to Crown Lands under subsection (1) may be granted following a call for tenders or a call for proposals made in accordance with the regulations, if any.



5                           Section 26 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



26(1)               The Minister may issue a licence of occupation to any person authorizing that person to occupy and use Crown Lands for a period not exceeding twenty years.



(b)               by adding after subsection (1) the following:



26(1.1)          A licence of occupation under subsection (1) may be issued following a call for tenders or a call for proposals made in accordance with the regulations, if any.



26(1.2)          The Minister, under a licence of occupation, may authorize the extraction, the harvesting or the taking of any resource prescribed by regulation.



26(1.3)          The Minister may impose such terms, conditions and reservations on a licence of occupation as the Minister considers appropriate.



(c)               by adding after subsection (3) the following:



26(4)               The Minister may



(a)               permit the assignment of a licence of occupation, and



(b)               amend a licence of occupation.



26(5)               The holder of a licence of occupation issued under subsection (1) shall pay to the Crown a rental set in accordance with the regulations or, where there is no applicable regulation, a rental set by the Minister having regard to the rental value of similar land on the open market.



6                           The Act is amended by adding after the heading "ROYALTY AND CROWN CHARGES" the following:



56.7                  Any person who extracts, harvests or takes a resource prescribed by regulation under the authority of a licence of occupation shall pay to the Crown the royalties prescribed by regulation.



7                           Section 84 of the Act is repealed and the following is substituted:



84                        The Minister may give permission to a person to construct a road on a reserved road under such terms and conditions as the Minister considers necessary.



8                           The Act is amended by adding after section 94 the following:



ADDITIONAL FEES

94.1                  A municipality, corporation, board, commission or any person who makes an application to the Minister to do any of the following shall pay the fee prescribed by regulation:



(a)               to issue a grant of Crown Lands under section 13 or 13.1;



(b)               to make an order under section 16;



(c)                to grant or convey land under section 16.1;



(d)               to convey Crown Lands under section 21 or 21.1;



(e)                to lease Crown Lands under section 23;



(f)                to consent to the assignment of a lease of Crown Lands under paragraph 24(1)(d);



(g)               to permit a lessee to sublet the premises under paragraph 24(1)(e);



(h)               to amend a lease of Crown Lands under paragraph 24(1)(g);



(i)                to renew a lease of Crown Lands under subsection 24(3);



(j)                to grant a right-of-way or an easement with respect to Crown Lands under section 25;



(k)                to issue, to renew, to amend or to permit the assignment of a licence of occupation under section 26;



(l)                to grant a portion of a reserved road under subsection 82(1);



(m)               to discontinue a portion of a reserved road under subsection 83(2);



(n)               to permit the construction of a road on a reserved road under section 84;



(o)               to declare a parcel of land that is wholly situated on Crown Lands to be surplus land, according to criteria established by the Minister.



94.2                  The Minister may charge fees prescribed by regulation for the preparation or registration of



(a)               a grant of Crown Lands under section 13 or 13.1,



(b)               a document evidencing that the Minister has granted or conveyed under section 16.1 the land referred to in section 16,



(c)                a document evidencing that the Minister has conveyed Crown Lands under section 21 or 21.1,



(d)               a lease of Crown Lands or the amendment or renewal of a lease of Crown Lands,



(e)                a written consent of the Minister to assign or sublet a lease of Crown Lands,



(f)                a document evidencing that the Minister has granted a right-of-way or an easement with respect to Crown Lands under section 25,



(g)               a licence of occupation or the amendment, assignment or renewal of a licence of occupation, or



(h)               a document evidencing that the Minister has granted a portion of a reserved road under section 82.



9                           Subsection 95(1) of the Act is amended



(a)               by adding after paragraph (s) the following:



(s.1)            prescribing resources for the purposes of subsection 26(1.2);



(b)               by repealing paragraph (w) and substituting the following:



(w)               respecting the conduct of public auctions, calls for tenders and calls for proposals under the Act;



(c)               by adding after paragraph (bb) the following:



(bb.1)       prescribing any other fee, rental or royalty payable under this Act;



EXPLANATORY NOTES



Section 1



The existing definition is as follows:



"royalty" means the amount payable to the Crown for timber harvested on Crown Lands as prescribed by regulation;



Section 2



The existing provision is as follows:



23                        The Minister may lease Crown Lands.



Section 3



(a) to (d)               The existing provision is as follows:



24(1)               A lease of Crown Lands



(a)               shall be for a period not exceeding ten years except where a longer period not exceeding twenty-one years is prescribed by regulation,



(b)               shall be at a rental set in accordance with the regulations or, where there is no applicable regulation, at a rental set by the Minister having regard to the rental value of similar land on the open market,



(c)                shall be on such terms and conditions as the Minister considers reasonable and necessary,



(d)               is assignable, with the prior written consent of the Minister,



(e)                shall permit the lessee to sublet the premises, with the prior written consent of the Minister, and



(f)                may be cancelled by the Minister if the lessee fails to carry out the terms, covenants and conditions of the lease.



Section 4



The existing provision is as follows:



25                        The Minister may grant a right-of-way or easement with respect to Crown Lands upon such terms and conditions and subject to such reservations as he considers advisable.



Section 5



(a)               The existing provision is as follows:



26(1)               Subject to any terms, conditions and reservations that the Minister considers advisable, the Minister may issue a licence of occupation to any person authorizing that person to occupy and use Crown Lands for a period not exceeding twenty years.



(b) and (c)            New provisions.



Section 6



New provision.



Section 7



The existing provision is as follows:



84(1)               A person may apply to the Minister to construct a road on a reserved road.



84(2)               The Minister may give permission to a person to construct a road on a reserved road under such terms and conditions as he considers necessary.



Section 8



New provisions.



Section 9



(a)               Additional regulation-making power is added.



(b)               The existing provision is as follows:



95(1)               The Lieutenant-Governor in council may make regulations …



(w)               respecting the conduct of public auctions and tenders under this Act;



(c)                Additional regulation-making power is added.

 

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