Crown lands leases

Crown lands in New Brunswick is defined as all or any part of land, including land covered by water, that is not privately owned in the province. Crown lands leases are issued for a variety of purposes, including commercial, communication, institutional, utility, industrial, transportation, municipal services, recreational, agricultural and shooting range uses. Agricultural and aquaculture leases are administered separately by the Department of Agriculture, Aquaculture and Fisheries. Crown lands cannot be purchased.

A Crown lands lease may be issued for a term not exceeding 20 years. Lessees are responsible for the payment of annual rental fees and property taxes. If annual rent and/or property taxes become more than 31 days overdue, the lease may be subject to cancellation.

All survey work required in support of a lease application must be completed at the lessee’s own expense, including the hiring of a licensed surveyor. Any cutting or removal of trees on Crown lands requires the appropriate permits and authorization. All mineral rights remain the property of the Province of New Brunswick, regardless of the lease.

Crown lands leases may be cancelled at the request of the lessee, or by the minister if any terms or conditions of the lease or the Lands Administration Regulation are breached. Upon cancellation or termination of a lease, the lessee is responsible for rehabilitating and/or cleaning up the site to the satisfaction of the minister. If the lessee fails to do so, the minister may arrange for the site to be rehabilitated or cleaned up at the lessee’s expense.

Applicants are strongly encouraged to seek the assistance of a lawyer to ensure all documents are completed correctly and to fully understand their contractual obligations under a Crown lands lease.

Leases require applicants to be at least 19 years of age and businesses must be registered with Corporate Affairs in New Brunswick. Institutional leases are issued to non-profit organizations only - applicants must be registered as a charitable organization with Corporate Affairs in New Brunswick and may be required to provide a copy of their Certificate of Incorporation.

A wind farm lease authorizes the use of Crown lands for the development and operation of a wind farm. Wind energy development on Crown lands generally follows a two-stage process. Applicants must first apply for a Licence of Occupation for Wind Exploration, followed by an application for a Wind Farm Lease and an associated Licence of Occupation for construction and operation. The requirement for a Licence of Occupation for Wind Exploration may be waived if sufficient wind exploration data for the proposed area is provided to the department.

A Licence of Occupation for Wind Exploration is an authorization under the Crown Lands and Forests Act that permits temporary, non-exclusive use of Crown lands to erect test towers, take meteorological measurements and conduct environmental monitoring activities. A licence may include up to five test tower sites and may be issued for a term of up to three consecutive years. An option may also be issued over the exploration area, giving the option holder the exclusive right to apply for a Wind Farm Lease prior to the option’s expiration. 

Applicants must be 19 years or older and businesses must be registered with Corporate Affairs in New Brunswick. Applicants must include an electronic copy of GPS coordinates for each turbine and for all area boundaries, a signed copy of the Site Development Plan and a business plan or proof of a power purchase agreement from NB Power. A single Wind Farm Lease provides exclusive use of Crown lands for wind turbine and electrical substation sites within a wind farm. An associated Licence of Occupation, issued on a non-exclusive basis, may authorize related infrastructure such as power lines and access roads.

All proposed sites must meet site-specific setback requirements for watercourses, wetlands, public highways, tower structures, and other features. Additional buffers or restrictions may be imposed where wildlife or environmental concerns are identified. 

Fees and annual rent apply to both Licences of Occupation and Wind Farm Leases, as set out in the Lands Administration Regulation.

Once a completed application is submitted, it is reviewed for completeness. Applications that meet basic requirements undergo a comprehensive review, which may take between six and 21 weeks. If approved, an offer letter is issued outlining any additional requirements. 

All fees are non-refundable + HST.