This regulation sets rules for permits and leases in provincial parks, including who may issue, renew, grant, or cancel them, when a permit holder must apply for a lease, and limits on mineral staking and lease assignment.
Permits and Leases Regulation, M.R. 150/96 The Provincial Parks Act , C.C.S.M. c. P20 Regulation 150/96 Registered July 22, 1996 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Permits and leases of residential lots 3 Leases of commercial lots 4 Fees 5 Assignment 6 Cancellation 7 Mineral rights 8 Coming into force Definitions 1 In this regulation, "Act" means The Provincial Parks Act ; («  Loi  ») "commercial lot" means a surveyed lot, or a lot shown on an aerial photograph attached as a schedule to a lease, which the minister determines may be used for commercial purposes; (« lot commercial ») "lot" includes a parcel of land in a provincial park comprising more than one lot; (« lot ») "person" means an individual, corporation, sole proprietor, partnership, joint venture, trust, or other association of persons; (« personne ») "residential lot" means a surveyed lot on Crown owned land that the minister determines may be used for residential purposes. (« lot résidentiel ») Permits and leases of residential lots 2(1) The minister may issue a permit authorizing the occupation of a residential lot in a provincial park for a term of one year, subject to such conditions as the minister considers appropriate. Renewal of permit 2(2) The minister may renew a permit for a further term of one year. Application for lease 2(3) When the holder of a permit has completed construction of a vacation home on a residential lot in accordance with the permit and with plans and specifications approved by the minister, the holder shall apply to the minister for a lease of the residential lot. Minister may grant lease 2(4) The minister may grant a lease referred to in subsection (3) for a term not exceeding 21 years, subject to such conditions as the minister considers appropriate. Renewal of lease 2(5) A lease is renewable for such additional term as may be specified in the lease. Leases of commercial lots 3(1) The minister may grant to an applicant a lease of a commercial lot in a provincial park for a term not exceeding 21 years, renewable for any additional term, not exceeding 21 years, specified in the lease. Longer term with LG in C approval 3(2) The minister may, with the approval of the Lieutenant Governor in Council, grant a lease of a commercial lot for a term exceeding 21 years. Terms and conditions of commercial lease 3(3) A lease of a commercial lot may be granted subject to such conditions as the minister considers appropriate. Fees 4 The fees payable in respect of permits and leases are those set out in the Park Fees Regulation . Assignment 5 A permit or lease is not assignable without the written consent of the minister. Cancellation 6(1) The minister may cancel a permit or lease if the permit holder or lessee fails to comply with a provision of the Act, a regulation made under the Act or a condition of the permit or lease, or if the minister is satisfied that the permit or lease was obtained by misrepresentation of a material fact. Cancellation of permit if issued by mistake 6(1.1) The minister may cancel a permit if, in the opinion of the minister, the permit was mistakenly issued. M.R. 92/2002 Effect of cancellation 6(2) Except when the minister directs otherwise, upon cancellation of a permit or lease the permit holder or lessee is not entitled to a refund of any fee paid, or to remove any fixture brought onto the lot or to receive compensation of any kind as a result of the cancellation. Mineral rights 7(1) No person shall undertake any work or survey for the purpose of prospecting and staking of land for mineral claiming in a provincial park unless the person does so under the authority of a permit issued by the minister. Staking prohibited 7(2) No person shall plant or erect posts for the staking of mining or quarry claims within 300 metres of a development or improvement that is used or capable of being used for residential, commercial, administrative or recreational purposes. Permit or lease 7(3) The minister may issue a permit to use or may grant a lease of the surface rights of land in a provincial park, other than the surface rights of a mining claim referred to in subsection (4), for a specified term that may be renewed for a further term set out in the permit or lease, for purposes not inconsistent with the Act. Application re mineral or surface rights 7(4) An application with respect to (a) the mineral rights underlying land in a provincial park; or (b) all or any part of the surface rights of a mining claim in a provincial park; shall be made to the Director of Mines who shall submit the application to the Director of Parks for his or her recommendation before the application is granted or rejected. M.R. 106/2023 Coming into force 8 This regulation comes into force on the proclamation of The Provincial Parks Act , S.M. 1993, c. 39.