SNL1991 CHAPTER 36 - LANDS ACT

SNL1991 CHAPTER 36 LANDS ACT Amended: 1993 c53 s19; 1996 cR-10.1 s39; 1996 c27; 2000 c11; 2001 c20; 2001 c42 s26; 2001 cN-3.1 s2; 2004 cL-3.1 s44; 2009 c30 s9; 2010 c31 s11; 2016 c53; 2023 c14;2023 cA-13.1 s66; 2023 cT-6.1 s325; 2024 c19 (ss1, 20(4), 21, 25(2) and (3), 27(2) and (28) not in force) CHAPTER 36 AN ACT TO REVISE AND CONSOLIDATE THE LAW RESPECTING CROWN LANDS , PUBLIC LANDS AND OTHER LANDS OF THE PROVINCE (Assented to December 11, 1991) Analysis 1. Short title 2. Definitions 2.1 Labrador Inuit rights PART I CROWN LANDS 3. Lease of Crown land 4. Grants of Crown lands 5. Easement 6. Licence to occupy 6.1 Quitclaim of Crown lands 7. Reservation of shoreline 8. Reservation of Crown lands 9. Free grants 10. Survey and registration of plan 11. Report of adverse claim 12. Cancellation of application 13. Payment of fees 14. When grant, etc. effective 15. Reservation of minerals, etc. 16. Title not affected 17. Correction of error 18. Inconsistent grants 19. Error in grant, etc. 20. Waive of conditions 21. Road reservation 22. Exchange of lands 23. Omission not waiver 24. Inspections 25. Where minister claims land 26. Extension 27. Notice of application 28. Boundaries 29. Land considered granted 29.1 Unauthorized use of Crown lands 30. Court order 31. Offence 32. Removal of structure 33. Stop order 34. Appeal 35. Where order not obeyed 36. Adverse possession abolished 37. Copies of grants, etc. 38. Proof 39. Certificate of minister 40. Conflict of interest 41. Lieutenant-Governor in Council regulations 41.1 Ministerial regulations 42. General penalty PART II ABANDONED LANDS 43. Definition 44. Reversion to Crown 45. Minister to issue notice 46. Where claim filed 47. Claim referred to court 48. Order vesting land 49. Rep. by 2016 c53 s19 50. Deposit 51. Costs 52. Inspection 52.1 Regulations PART III TRANSFER OF THE ADMINISTRATION AND CONTROL OF LANDS OF THE CROWN 53. Transfer to Canada 54. Transfer of land to other ministers 55. Lands reconveyed to Crown PART IV SPECIAL MANAGEMENT AREAS 56. Definitions 57. Special management areas established 58. Administration 59. Prohibition against conveying 60. Regulations 61. Registration grants, etc. 62. Offence PART V SURVEY MARKERS 63. Definition 64. Entry on land 65. Interfering with surveyor PART VI SETTING ASIDE, ALTERING OR AMENDING CROWN GRANTS 66. Definitions 67. Application to court 68. Notice to Attorney General 69. Parties 70. Default order 71. How case proceeds 72. Powers of court 73. Rights of grant holder unaffected PART VI.1 GENERAL 73.1 Collection of debt 73.2 Statutory review 73.3 No liability PART VII CONSEQUENTIAL AMENDMENTS REPEAL AND COMMENCEMENT 74. Acts amended 75. Repealed Act 76. Crown Lands Act 77. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Lands Act . 1991 c36 s1 Back to Top Definitions 2. In this Act (a) "court" means the Supreme Court of Newfoundland and Labrador; (b) "Crown lands" means (i) all lands within the province, except (A) lands that may be in the use or occupation of a department of the government of the province or of an officer or servant of a department as an officer or servant, (B) those lands that may, before the enactment of this Act, have been lawfully set apart or appropriated for a public purpose, and (C) lands lawfully alienated from the Crown, (ii) lands referred to in subsection 21(1) and subsection 22(2), (iii) lands considered to be Crown lands under section 55, and (iv) lands declared to be abandoned lands under Part II; (c) "department" means the department presided over by the minister; (d) "division" means the Crown Lands Administration Division of the department; (e) "judge" means a judge of the Supreme Court; (f) "lands" means all lands within the province and includes lands covered by water; (g) "minister" means the minister appointed under the Executive Council Act to administer this Act; (h) "prescribed" means prescribed by the regulations; and (i) "surveyor" means a surveyor who is a registered member of the Association of Newfoundland Land Surveyors of the Province of Newfoundland under the Land Surveyors Act, 1991 . 1991 c36 s2 ; 1996 c27 s1 ; 2001 cN-3.1 s2 ; 2016 c53 s1 ; 2023 c14 s1 Back to Top Labrador Inuit rights 2.1 (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act. (2) Where, under this Act or regulations made under this Act, the minister issues or renews a lease, licence, easement, grant or quitclaim the minister may add to that lease, licence, easement, grant or quitclaim terms and conditions that the holder of the lease, licence, easement, grant or quitclaim must comply with in order to ensure compliance with the provisions, terms and conditions of the Labrador Inuit Land Claims Agreement Act . 2004 cL-3.1 s44 ; 2023 c14 s2 ; 2024 c19 s2 PART I CROWN LANDS Back to Top Lease of Crown land 3. The minister may issue a lease to a person of an area of Crown land for the period and upon those terms and conditions and subject to the payment of those rents, royalties or other charges that the minister may set out in the lease. 1996 c27 s2 Back to Top Grants of Crown lands 4. (1) The minister may issue a grant to a person of an area of Crown lands not exceeding 30 hectares subject to those terms and conditions and subject to the payment of the consideration that the minister may set out in the grant. (2) The minister may, subject to the approval of the Lieutenant-Governor in Council, issue a grant to a person of an area of Crown lands in excess of 30 hectares subject to those terms and conditions and subject to the payment of the consideration that the minister may set out in the grant. 2016 c53 s2 Back to Top Easement 5. The minister may issue an easement to a person in, over, or upon Crown lands for the purpose and for the period and upon those terms and conditions that the minister may set out in the easement. 1991 c36 s5 ; 2001 c20 s1 Back to Top Licence to occupy 6. (1) The minister may issue a licence for occupancy of an area of Crown land subject to those terms and conditions and subject to the payment of those fees, rentals and other charges that the minister may set out in the licence. (2) [Rep. by 1996 c27 s3] (3) A licence issued by the minister under this section shall not be construed as a warranty that the title of the lands that are the subject of the licence lies in the Crown. 1991 c36 s6 ; 1996 c27 s3 Back to Top Quitclaim of Crown lands 6.1 The minister may issue a quitclaim to a person in respect of an area of Crown lands subject to those terms and conditions that the minister may set out in the quitclaim. 2024 c19 s3 Back to Top Reservation of shoreline 7. (1) Where Crown lands that border on a lake, pond, river, the seashore or foreshore are granted, leased, licensed or quitclaimed under this Part, it is considered, in the absence of an express grant, lease, licence or quitclaim of those Crown lands, that a strip of Crown lands not less than 15 metres wide around and adjoining the lake, pond, seashore or foreshore or along each bank of the river was not intended to pass and did not pass to the grantee, lessee, licensee, or releasee under a quitclaim. (2) A grant, lease, licence or quitclaim of a strip of Crown lands around and adjoining a lake, pond, seashore or foreshore or along each bank of a river that is otherwise reserved under subsection (1) may be issued by the minister under the following circumstances: (a) where an applicant demonstrates that a grant, lease, licence or quitclaim of the land is necessary for the purpose of a commercial or industrial undertaking and the grant, lease, licence or quitclaim would not cause undue injury to the rights of others; (b) to enable a person to carry on aquaculture; and (c) where a structure that is being used as a residence and was erected before April 1, 1992 intrudes on the reservation, to the extent of the intrusion only. (2.1) In addition to the circumstances referred to in subsection (2), a licence in respect of a strip of Crown lands around and adjoining a lake, pond, seashore or foreshore or along each bank of a river that is otherwise reserved under subsection (1) may be issued by the minister for (a) the construction of boat houses, wharves, slipways, airplane hangars, recreational trails or other structures prescribed by the minister, to the extent that they intrude on the reservation; and (b) other purposes prescribed by the minister, to the extent required for the purpose. (3) A grant, lease, licence or quitclaim issued under subsection (2) and a licence issued under subsection (2.1) do not convey exclusive hunting or fishing rights, except as provided by the Aquaculture Act , 2023, to the grantee, lessee, licensee, or releasee under a quitclaim. (4) A grant, lease, licence or quitclaim issued under paragraph (2)(c) and a licence issued under subsection (2.1) shall not permit a grantee, lessee, licensee, or releasee under a quitclaim to restrict access to the reservation on the part of the general public by erecting a fence or by other means. (5) The department shall publish the following information with respect to an application made under this section on its website: (a) the exception under which the application is being made; (b) a description of the lands in respect of which the application is being made; and (c) notice that a person who wishes to object to the application must file the objection with reasons for it with the minister within 30 days from the date the notice is posted on the department's website. (6) An applicant for a grant, lease, licence or quitclaim under subsection (2) or for a licence under subsection (2.1) shall publish a notice of the application (a) in the Gazette within 21 days of submitting the application; and (b) in any other location the minister considers necessary. (7) The notice required by subsection (6) shall state the information listed in subsection (5) and any other information prescribed by the minister. (8) The minister may include in a grant, lease, licence or quitclaim issued under subsection (2) and in a licence issued under subsection (2.1) those terms and conditions that the minister considers necessary. (9) An application under this section is not required where a person makes an application for a grant under subsection 36(3) or 36(4) in respect of lands which include a strip of Crown lands around and adjoining a lake, pond, seashore or foreshore or along each bank of a river that is otherwise reserved under subsection (1). 2016 c53 s3 ; 2023 c14 s3 ; 2024 c19 s4 ; 2023 cA-13.1 s66 Back to Top Reservation of Crown lands 8. (1) The minister may, by order, reserve and set apart Crown lands not exceeding 100 hectares in area for the purpose and the period set out in the order. (2) The minister may, with the approval of the Lieutenant-Governor in Council, by order, reserve and set apart Crown lands in excess of 100 hectares in area for the purpose and the period set out in the order. (2.1) Where a reservation of Crown lands has been ordered under subsection (1) or (2), the minister may set fees for the purpose and administration of the reservation. (3) [Rep. by 2016 c53 s4] (4) [Rep. by 2016 c53 s4] 1991 c36 s8 ; 2016 c53 s4 ; 2023 c14 s4 Back to Top Free grants 9. (1) The minister may grant, free of charge, but subject to the payment of an appropriate administration fee, an area of Crown lands not exceeding 10 hectares for the site of (a) a school; or (b) an undertaking by a city or a town as those terms are defined in the Towns and Local Service Districts Act which is in the public interest other than economic development. (2) The minister may, subject to the approval of the Lieutenant-Governor in Council, grant free of charge, but subject to the payment of an appropriate administration fee, an area of Crown lands in excess of 10 hectares for a purpose set out in subsection (1). (3) In this section, "school" means a school other than a private school as defined in the Schools Act, 1997 . 1991 c36 s9 ; 2016 c53 s5 ; 2023 cT-6.1 s325 Back to Top Survey and registration of plan 10. (1) Crown lands in respect of which an application for a grant, lease, easement or quitclaim, made under this Part, has been approved in accordance with this Part, shall be surveyed to the satisfaction of the minister by a surveyor, and a plan together with the other information that the minister may require shall be registered in the division on or before the expiry of the time period set by the minister . (2) Crown lands in respect of which an application for a licence made under this Part has been approved in accordance with this Part shall, if required by the minister, be surveyed to the satisfaction of the minister by a surveyor, and a plan together with the other information that the minister may require shall be registered in the division on or before the expiry of the time period set by the minister . (3) Notwithstanding subsections (1) and (2), the minister may, on receipt of a request in writing made by an applicant or a person acting on behalf of the applicant before the expiry of the time period set by the minister, extend the time for registering the plan of the survey. (4) Where a plan of the survey of Crown lands and other information required under subsections (1) and (2) are not received in the division within the time period set by the minister or as extended by the minister under subsection (3), the application is considered to have been cancelled by the applicant. (5) A person does not acquire an interest in Crown lands by reason only that an application for a grant, lease, licence , easement or quitclaim of Crown lands has been approved subject to the completion of the survey and plan required by this section. 1991 c36 s10 ; 2016 c53 s6 ; 2024 c19 s5 Back to Top Report of adverse claim 11. (1) A surveyor who is authorized to carry out a survey of Crown lands for the purposes of this Part shall fully investigate whether there exists an adverse claim with respect to the lands. (2) A surveyor shall communicate the results of an investigation conducted under subsection (1) to the division and where the investigation reveals no evidence that an adverse claim exists, the surveyor shall so certify. (3) Where, after a surveyor has certified under subsection (2) that there is no adverse claim to the Crown lands that have been the subject of the investigation and the minister incurs an expense as a result of an adverse claim to the lands being established, the minister may recover from the surveyor as a debt due the Crown the expenses incurred. 1991 c36 s11 ; 2016 c53 s7 Back to Top Cancellation of application 12. (1) Where a person who has made an application for a grant, lease, licence , easement or quitclaim of Crown lands receives a title document from the minister and the person does not sign and return the document together with the amount of the fee payable with respect to the application to the minister within the time period set by the minister , the application is considered to have been cancelled by that person. (2) Notwithstanding subsection (1), the minister may extend the time for the return of a title document and the payment of an applicable fee upon written application being made to the minister by the applicant or a person acting on behalf of the applicant before the expiry of the time period set by the minister under subsection (1). 1991 c36 s12 ; 2024 c19 s6 Back to Top Payment of fees 13. (1) A grant, lease, licence , easement or quitclaim shall not be issued except on the payment of the appropriate fees. (2) All fees, prices, rentals, royalties or other payments payable in respect of a grant, lease, licence , easement or quitclaim under this Part shall be paid to the Consolidated Revenue Fund. 1991 c36 s13 ; 2024 c19 s7 Back to Top When grant, etc. effective 14. (1) Notwithstanding a law to the contrary, a grant, lease, licence , easement or quitclaim under this Part shall not become effective until delivery is effected to the grantee, lessee, licensee, person to whom the easement is granted or releasee under a quitclaim or to a person for or on behalf of the grantee, lessee, licensee, person to whom the easement is granted or releasee under a quitclaim notwithstanding that the grant, lease, licence , easement or quitclaim has been signed and sealed by the minister. (2) Until delivery is effected the grant, lease, licence , easement or quitclaim may be cancelled, amended or otherwise dealt with by the minister or the Lieutenant-Governor in Council. 1991 c36 s14 ; 2024 c19 s8 Back to Top Reservation of minerals, etc. 15. (1) A grant, lease, licence , easement or quitclaim issued under this Part does not convey a right to minerals, petroleum or quarry materials. (2) In this section (a) "minerals" means minerals as defined in the Mineral Act ; (b) "petroleum" means petroleum as defined in The Petroleum and Natural Gas Act; and (c) "quarry materials" means quarry materials as defined in the Quarry Materials Act, 1998. 1991 c36 s15 ; 2010 c31 s11 ; 2024 c19 s9 Back to Top Title not affected 16. Nothing contained in this Part shall be construed to affect the rights of persons holding a grant, lease, licence , easement or quitclaim issued under the authority of an Act before the passing of this Part. 1991 c36 s16 ; 2024 c19 s10 Back to Top Correction of error 17. (1) Where because of a false survey or an error, a parcel of Crown lands contains less than the area of land mentioned in the grant, lease, licence , easement or quitclaim of it, the minister may order to be repaid to the person who is beneficially entitled to the land at the time the discrepancy becomes known to the minister that part of the price or fee paid to the Crown for that parcel of land as will bear to the price or fee the proportion that the area of land found to be deficient bears to the total area mentioned in the grant, lease, licence, easement or quitclaim. (2) No compensation shall be paid under subsection (1) unless the minister is informed of the discrepancy in the area of land granted, leased, licensed, quitclaimed or in respect of which an easement has been issued within 5 years of the date of the grant, lease, licence , easement or quitclaim or unless the deficiency is equal to or greater than 1/4 of the area described as granted, leased, licensed, quitclaimed or made subject to an easement. 1991 c36 s17 ; 2001 c20 s2 ; 2024 c19 s11 Back to Top Inconsistent grants 18. (1) Where, through error, more than one grant, lease, licence or quitclaim inconsistent with each other has been issued for the same Crown lands, the minister may return the purchase money, fee or rental to the person to whom it is due. (2) Where (a) through error, more than one grant, lease, licence or quitclaim inconsistent with each other has been issued for the same Crown lands; and (b) the Crown lands have passed from the original grantee, lessee, licensee, or releasee under a quitclaim or have been improved before the discovery of the error the minister may, in substitution, assign lands or grant a certificate entitling a person to acquire Crown lands of a value and to an extent that the minister considers just and equitable under the circumstances. (3) [Rep. by 2016 c53 s8] (4) A claim shall not be entertained under subsection (1) or (2) unless it is made within 5 years from the date of issuance of the grant, lease, licence or quitclaim . 1991 c36 s18 ; 2016 c53 s8 ; 2024 c19 s12 Back to Top Error in grant, etc. 19. (1) Where a grant, lease, licence , easement or quitclaim (a) has been issued to or in the name of the wrong party; (b) contains a clerical error, misnomer, or wrong or defective description of the Crown lands intended to be granted, leased, licensed, quitclaimed or made subject to an easement; or (c) omits a condition of issuance included in the approval of an application the minister may direct the defective grant, lease, licence , easement or quitclaim to be cancelled and a correct one to be issued in its place. (2) The corrected grant, lease, licence , easement or quitclaim referred to in subsection (1), shall relate back to the date of the one so cancelled and be of the same effect as if issued at the date of that cancelled grant, lease, licence , easement or quitclaim . 1991 c36 s19 ; 2024 c19 s13 Back to Top Waiver of conditions 20. (1) The minister may waive a condition contained in a grant of Crown lands issued under this Part or a previous Act where the area of land involved does not exceed 30 hectares. (2) The Lieutenant-Governor in Council may waive a condition contained in a grant of Crown lands issued under this or a previous Act where the area of land involved is in excess of 30 hectares. (3) Where a grant of Crown lands was issued on the condition that they be used for an agricultural purpose, the minister shall first obtain the approval of the Minister of Forestry and Agriculture before waiving that condition as provided for in subsection (1). 1991 c36 s20 ; 2016 c53 s9 Back to Top Road reservation 21. (1) The minister may, with the approval of the Minister of Works, Services and Transportation, declare an area of land that has been reserved as a highway within the meaning of paragraph 18(a) of The Department of Works, Services and Transportation Act, but on which a highway has not been constructed, to be Crown lands. (2) Where the minister declares lands to be Crown lands under subsection (1), the lands may be dealt with under this Part as if they had always been Crown lands. 1991 c36 s21 Back to Top Exchange of lands 22. (1) The minister may, subject to the approval of the Lieutenant-Governor in Council, exchange Crown lands for freehold lands. (2) Freehold lands that are acquired as a result of an exchange of lands shall be vested in the Crown under the administration and control of the minister and may be dealt with under this Part as if they had always been Crown lands. 1991 c36 s22 Back to Top Omission not waiver 23. A provision of this Act or another Act for reversion to and revesting in the Crown of lands or a right to lands, now or later vested or existing, conferred by grant, lease or licence, or by another method under this or another Act shall have effect, notwithstanding an acceptance of rent or other money by or on behalf of the Crown in respect of the lands or right, and notwithstanding another act or omission which might be construed as a waiver of a term, condition, covenant, agreement or right of forfeiture, except a waiver in writing conveyed to the holder of the lands or right by the express authority of the minister or Lieutenant-Governor in Council, whichever was the issuer of the grant, lease or licence. 1991 c36 s23 Back to Top Inspections 24. (1) It is a condition of the issuance of a grant, lease, licence , easement or quitclaim under this Part that a person authorized by the minister in writing may enter onto the lands granted, leased, licensed, quitclaimed or subject to an easement for the purpose of determining whether the terms of the grant, lease, licence , easement or quitclaim are being complied with. (2) A person who refuses to permit the entry of a person onto lands for the purpose of determining whether the terms of a grant, lease, licence , easement or quitclaim are being complied with is guilty of an offence and liable on summary conviction to a fine of not less than $500 or imprisonment not exceeding 3 months. 1991 c36 s24 ; 2024 c19 s14 Back to Top Where minister claims land 25. (1) Where the minister is made aware of an adverse claim with respect to lands that the minister believes are Crown lands, the minister may serve a notice on the adverse claimant personally or by certified mail or, where the adverse claimant cannot be found or is avoiding service, the minister may publish a notice in a newspaper having general circulation in the area in which the lands are located informing the adverse claimant that the minister claims the lands in question as Crown lands. (2) Unless an adverse claimant, who has been served with a notice or with respect to whom a notice has been published under subsection (1), makes an application under The Quieting of Titles Act to have the adverse claimant's title judicially investigated within 60 days of the service, receipt or advertisement of the notice a claim that the adverse claimant may have is barred and the claimant has no right to make an application under The Quieting of Titles Act, or this or another Act or law in respect to the lands that are the subject of the notice. (3) Notwithstanding subsection (2), an adverse claimant who failed to satisfy the requirements in subsection 36(2) as they existed before the coming into force of this subsection and whose claim was barred under subsection (2) before the coming into force of this subsection, may make an application under the Quieting of Titles Act, this Act or another Act or law in respect of the lands that were the subject of the notice served or published under subsection (1). (4) An application referred to in subsection (3) shall not be made more than 5 years after the coming into force of this subsection. 1991 c36 s25 ; 2023 c14 s5 ; 2024 c19 s15 Back to Top Extension 26. Where the minister considers it appropriate to do so, the minister may extend the time limits set out in subsection 25(2) for a further 60 days upon written application for an extension being made to the minister by an adverse claimant before the expiry of the period of 60 days referred to in that subsection. 1991 c36 s26 Back to Top Notice of application 27. Where an adverse claimant makes an application under section 25, the adverse claimant shall immediately serve notice of the application on the minister. 1991 c36 s27 ; 2023 c14 s6 Back to Top Boundaries 28. (1) The holders of lands whether or not the lands are held under an assurance from the Crown shall, at all times, either keep up or maintain boundary markers at all corners and angles of the lands held by them and keep the boundary lines through the woods connecting all the corners and angles open and clear to a width of at least one metre. (2) The absence of a boundary marker shall, subject to an existing law relating to trespass by cattle, be a good defence in an action of trespass brought or taken by the holder of the lands. (3) The minister may order a survey of the lands referred to in subsection (1) where the minister is satisfied that the boundary markers which marked the boundaries of the original survey of the lands are no longer in existence, or where in the opinion of the minister it is necessary or desirable to make a survey. (4) Where, in the opinion of the minister, a survey under subsection (3) is necessary because of the failure of a holder to comply with subsection (1), the minister may require the holder to bear the cost of that survey, and may sue for it as if it were a debt due the Crown by the holder. (5) In this section, "boundary marker" means a fence, post, mound, monument, line, iron bar or pin. 2016 c53 s10 Back to Top Land considered granted 29. (1) Where lands that have been granted, leased, licensed, quitclaimed or in respect of which an easement has been granted can no longer be located by means of a survey and a person who claims to be beneficially entitled to the lands applies to the minister, the minister may declare an area of lands to be the lands that had been granted, leased, licensed, quitclaimed or in respect of which an easement has been granted. (2) Where the minister declares an area of lands to have been the subject of a grant, lease, licence, easement or quitclaim under subsection (1), the lands are considered to have been the lands conveyed from the date of the original grant, lease, licence, easement or quitclaim. (3) A declaration of the minister under this section shall be registered in the Registry of Deeds. 1991 c36 s29 ; 2024 c19 s16 Back to Top Unauthorized use of Crown lands 29.1 (1) A person shall not (a) refuse or neglect to vacate or abandon possession of Crown lands where that person lawfully entered into possession or occupation of the Crown lands and forfeited the right to possession or occupancy; (b) be in possession of Crown lands except in accordance with this Part or another Act permitting occupation or possession of Crown lands for the purposes of that Act; (c) enclose, mark off or take possession of Crown lands except in accordance with this Part or another Act permitting occupation or possession of Crown lands for the purposes of that Act; (d) place, erect or build a structure on Crown lands in respect of which there is not in effect a grant, lease, licence or quitclaim issued under this Part or place, erect or build a structure on Crown lands for which the person is not the holder of a grant, lease, licence or quitclaim in effect under this Part; or (e) clear Crown lands or build a road on Crown lands in respect of which there is not in effect a grant, lease, licence or quitclaim issued under this Part. (2) In this section, "structure" includes a building, house, cottage, cabin, wharf, dock, boathouse, slipway, tent platform, shelter, enclosure, wall, fence, barrier, gate, trailer, bus, mobile home or other motor vehicle converted for the purpose of habitation, natural or other objects arranged by a person to create a structure, the materials that may be used to place, erect or build a structure and the contents of a structure. 2016 c53 s11 ; 2023 c14 s7 ; 2024 c19 s17 Back to Top Court order 30. Where a person contravenes paragraph 29.1(1)(a) or (b), the minister may apply to a judge for, and the judge, upon proof to the judge’s satisfaction that the lands were so forfeited and should properly revert to the Crown, or that the person is in possession of Crown lands except in accordance with this Part or another Act permitting occupation or possession of Crown lands for the purposes of that Act, shall order the grantee, lessee, licensee, releasee under a quitclaim or person in possession, to deliver up the lands to the Crown and to restore the lands to a condition satisfactory to the minister. 2016 c53 s12 2023 c14 s8 ; 2024 c19 s18 Back to Top Offence 31. (1) A person who contravenes paragraph 29.1(1)(c) is guilty of an offence and is liable on summary conviction to a fine of not less than $1,000 or to a term of imprisonment not exceeding 3 months or to both the fine and imprisonment. (2) An information or complaint with respect to an offence committed under subsection (1) may be laid or made on or before a day 12 months from the day when the offence first came to the notice of the minister. 2016 c53 s12 Back to Top Removal of structure 32. (1) Where a structure is placed, erected or built on Crown lands in contravention of paragraph 29.1(1)(d), the minister may, by written notice, require the person who placed, erected, built, occupies or uses the structure to do one or more of the following within 30 days after service of the notice upon the person: (a) remove the structure from the Crown lands; (b) demolish the structure; (c) otherwise dispose of the structure; or (d) restore the Crown lands to a condition satisfactory to the minister. (2) Notwithstanding subsection (1), the minister may remove, demolish or otherwise dispose of a structure on Crown lands (a) in respect of which there is not in effect a grant, lease, licence or quitclaim issued under this Part; or (b) that was placed, erected or built on Crown lands by a person who is not the holder of a grant, lease, licence or quitclaim issued under this Part, and restore the Crown lands to a condition satisfactory to the minister without notice under subsection (1) where the structure is a hazard to public health or safety. (3) A notice referred to in subsection (1) may be served on the person to whom it is addressed by delivering it to the person or by leaving it at the person's last or most usual place of residence with a person present there at the time. (4) Where the identity of the person to whom a notice referred to in subsection (1) is directed is not known or the person cannot be found, the minister may post the notice with respect to the structure on the structure and may publish it in a newspaper having general circulation in the area in which the lands are located. (5) A person upon whom a notice under subsection (1) has been served who fails to remove, demolish or otherwise dispose of the structure or restore the Crown lands to a condition satisfactory to the minister within 30 days of service of the notice is liable on summary conviction to a penalty of $25 for each day that the structure remains on the Crown lands. (6) Where a notice referred to in subsection (1) has been served, posted or published and the structure has not been removed, demolished or otherwise disposed of or the Crown lands have not been restored to a condition satisfactory to the minister within 30 days of the service, posting or publishing, the minister or a person acting under the authority of the minister may do one or more of the following: (a) remove the structure from the Crown lands; (b) demolish the structure; (c) otherwise dispose of the structure; or (d) restore the Crown lands to a condition satisfactory to the minister. (7) Where a structure is removed, demolished or otherwise disposed of or the Crown lands are restored to a condition satisfactory to the minister under subsection (2) or (6), the costs and expenses of the removal, demolition, disposition and restoration may be recovered by the minister as a debt due the Crown against the person who placed, erected, built, maintained, occupied or used the structure. (8) The minister may, upon application by a person who claims to be the owner of the structure made before the expiry of the time period provided in this section, extend the period for compliance with this section to a period not to exceed 6 months. 2016 c53 s12 ; 2024 c19 s19 Back to Top Stop order 33. (1) Where lands are being cleared or a road or structure is being placed, erected or built on lands in contravention of paragraph 29.1(1)(d) or (e) and the minister is of the opinion that the lands are Crown lands, the minister may order the person responsible to stop clearing, placing, erecting, building or depositing materials and to restore the lands to a condition satisfactory to the minister. (2) An order made under this section shall be signed by the minister and shall be served on the person to whom it is addressed either personally or by certified mail or, where the person engaged in clearing, placing, erecting, building or depositing the materials is not known, by posting a notice on the lands in question. 2016 c53 s12 Back to Top Appeal 34. (1) A person who feels aggrieved by an order made under section 33 may, within 14 days of the service or posting of the order, appeal to the court and the court may make whatever order with respect to the matter that appears just. (2) Where an appeal has been commenced under subsection (1), the employee shall not begin to carry out the order under section 33 until the appeal has been heard or otherwise disposed of. (3) Notwithstanding subsection (2), a stop order remains in effect and a person who disobeys it is subject to a penalty for a contravention under subsection 35(2). 1991 c36 s34 Back to Top Where order not obeyed 35. (1) Where an order made under section 33 is not complied with within the time set out in the order, and a period of 14 days has passed from the time of service or posting of the notice and an appeal has not been commenced, heard or otherwise disposed of under section 34, the minister may carry out the restoration ordered and the cost of the restoration may be recovered by the Crown as a debt from the person on whom the order was served. (2) Every person on whom an order made under section 33 has been served who refuses or fails to comply with the order is guilty of an offence and liable on summary conviction to a fine of not less than $25 for every day of refusal or failure to comply, and in default of payment to a period of imprisonment not exceeding 3 weeks. 1991 c36 s35 ; 2016 c53 s13 Back to Top Adverse possession abolished 36. (1) Notwithstanding a law or practice to the contrary, no period of possession of Crown lands after December 31, 1976 , counts for the purpose of conferring upon a person an interest in the lands so possessed unless the period is permitted to count as against the Crown for the constitution of that interest under or by virtue of an Act of the province, or as a condition of a grant, lease, licence or other document validly made or issued by or on behalf of the Crown under that Act. (2) The period of possession of Crown lands prior to January 1, 1977, which would, by the application of the law pertaining to the acquisition of an interest in land based upon open, notorious and exclusive possession existing prior to the enactment of this section, have been necessary to confer upon a person an interest in that land is considered to be, and always to have been, 10 continuous years immediately prior to January 1, 1977. (3) The Lieutenant-Governor in Council may, upon being satisfied that (a) a person has acquired an interest in Crown lands under subsection (2); and (b) the lands have been in continuous use for agricultural, business or residential purposes or for a purpose referred to in section 9 for a 10 year period immediately prior to January 1, 1977, instruct the minister to issue a grant to that person in respect of those lands, and that grant may be issued subject to those charges, exceptions or qualifications that the Lieutenant-Governor in Council may direct. (3.1) Notwithstanding subsection (3), where the Lieutenant-Governor in Council is not satisfied that the person is the only person who may have an interest in the land, the Lieutenant-Governor in Council may instruct the minister to issue a quitclaim to the person instead of a grant. (4) Where the Crown lands affected by this section contain 30 hectares or less, the minister may issue a grant, upon being satisfied that (a) a person has acquired an interest in Crown lands under subsection (2); and (b) the lands have been in continuous use for agricultural, business or residential purposes or for a purpose referred to in section 9 for a 10 year period immediately prior to January 1, 1977, and the grant may be issued subject to those charges, exceptions or qualifications that the minister may decide. (5) Notwithstanding subsection (4), where the minister is not satisfied that the person is the only person who may have an interest in the land, the minister may issue a quitclaim to the person instead of a grant. (6) A person shall not make an application, request or claim under this section more than 5 years after the coming into force of this subsection. 1991 c36 s36 ; 2016 c53 s14 ; 2024 c19 s20 Back to Top Copies of grants, etc. 37. (1) Duplicates of all grants, leases, licences, easements or quitclaims and copies of surveys shall be kept and recorded in the division. (2) The records referred to in subsection (1) shall be open to the inspection of the public in a format acceptable to the minister, during normal business hours, upon the payment of a fee set by the minister. (3) A person may obtain a copy of a grant, lease, licence , easement or quitclaim kept in the division upon the payment of a fee set by the minister. 2016 c53 s15 ; 2024 c19 s22 Back to Top Proof 38. Copies of records, plans, books or papers, belonging to or deposited in the division, attested under the signature of the Director of Crown Lands Administration, shall be competent evidence in a court of law in all cases in which the original records, plans, books or papers would be in evidence. 1991 c36 s38 Certificate of minister 39. (1) The minister may issue a certificate stating that lands are (a) Crown lands, where in the opinion of the minister the lands are Crown lands; or (b) not Crown lands, where in the opinion of the minister the lands are not Crown lands. (2) Where a certificate is issued under section (1), the minister (a) shall register the certificate in the Registry of Deeds and the Crown Lands Registry ; and (b) may file the certificate with the Supreme Court and another court of competent jurisdiction. (3) A certificate issued by the minister under paragraph (1)(a) shall be received by a court as, in the absence of evidence to the contrary, proof that the lands described in the certificate are Crown lands. (4) A certificate issued by the minister under paragraph (1)(b) shall be received by a court as, in the absence of evidence to the contrary, proof that the lands described in the certificate are not Crown lands. 1991 c36 s39 ; 2001 c20 s3 ; 2024 c19 s23 Back to Top Conflict of interest 40. (1) Except with the consent of the Lieutenant-Governor in Council, the following persons shall not acquire, either alone or with another, a grant, lease, licence , easement or quitclaim under this Part: (a) a deputy minister of the department; (b) an assistant deputy minister of the department; (c) an employee responsible for communications for the department; (d) an employee of the Lands Branch of the department; and (e) a spouse or cohabiting partner. (2) In this section, (a) "cohabiting partner" means a person who cohabits in a conjugal relationship outside of marriage with a person referred to in paragraph (1)(a), (b), (c) or (d); and (b) "spouse" means a person who is married to a person referred to in paragraph (1)(a), (b), (c) or (d). 2016 c53 s16 ; 2024 c19 s24 Back to Top Lieutenant-Governor in Council regulations 41. The Lieutenant-Governor in Council may make regulations (a) respecting lands reserved under section 8 including the uses to which those lands may be put and the conditions under which those lands may be used; and (b) generally for the giving of effect to the purpose of this Part. 2016 c53 s17 Back to Top Ministerial regulations 41.1 The minister may make regulations (a) prescribing other structures and purposes for the purpose of subsection 7(2.1); (b) setting out the other information required under subsection 7(7); and (c) generally for the giving of effect to the purpose of this Part. 2016 c53 s17 ; 2024 c19 s25 Back to Top General penalty 42. Where no other penalty is specifically provided, a person found on summary conviction to have committed an offence against a provision of this Part is liable to a fine not exceeding $1,000. 1991 c36 s42 PART II ABANDONED LANDS Back to Top Definition 43. In this Part, "abandoned lands" includes lands granted, leased or licensed under Part I of this Act or a former Act respecting Crown lands and lands unlawfully occupied that have been for at least 20 years unused and unoccupied by the original grantee, lessee or licensee or by a person lawfully claiming under the original grantee, lessee or licensee or person in unlawful occupation. 1991 c36 s43 Back to Top Reversion to Crown 44. Where (a) it appears to the minister that lands within the province are abandoned lands; and (b) no person lawfully entitled to the lands or an interest in them can be found in the province the minister may begin proceedings to revest those lands in the Crown. 1991 c36 s44 Back to Top Minister to issue notice 45. (1) To begin proceedings under section 44 the minister shall issue a notice (a) calling upon all persons having or claiming an interest in the lands described in the notice to show cause why the lands should not be vested in the Crown; and (b) notifying all persons that if (i) no claim is filed with the minister within the time fixed in the notice, which shall be not less than 3 months from the date of 1st publication of the notice in the Gazette , or (ii) the claims filed are not substantiated, the Lieutenant-Governor in Council may declare that the title of the lands is vested in the Crown. (2) The notice shall contain (a) a general description of the lands sufficient to identify them; (b) a copy of the grant, lease or licence if one was issued and can be found together with other information in the possession of the division in relation to the lands; and (c) the name of the last known owner. (3) A notice under this section shall be published in the Gazette within the period fixed for filing claims and in any other location prescribed by the minister. 1991 c36 s45 ; 2016 c53 s18 Back to Top Where claim filed 46. (1) A person claiming lands that are the subject of proceedings under this Part shall file the claim with the minister. (2) Where the minister considers that a claim has been substantiated or that the lands in respect of which the claim is made have not been abandoned, the minister may discontinue the proceedings under this Part. (3) Where the minister discontinues proceedings, the minister shall publish a notice to that effect in the Gazette . 1991 c36 s46 Back to Top Claim referred to court 47. In all other cases where the minister receives a claim the minister shall, upon proper notice to the claimant, refer the claim to the court for a determination. 1991 c36 s47 Back to Top Order vesting land 48. (1) Where no claim is filed within the time limit or where a claim referred to the court is rejected by the court, the Lieutenant-Governor in Council may, by order, declare that the title to the lands is vested in the Crown. (2) An order made under subsection (1) shall (a) state the belief of the minister that the lands have been abandoned; (b) state that proceedings have been taken in conformity with this Part; and (c) contain particulars showing (i) the date of the 1st publication of the notice in the Gazette , (ii) other publications of the notice, (iii) the date of the original grant, lease or licence from the Crown if one was issued and the original grantee, lessee or licensee, if known, (iv) the name of the last known owner of the lands, and (v) a description of the lands. (3) An order made under subsection (1) shall be registered in the division and in the Registry of Deeds. (4) Upon the registration of an order the lands shall be considered to be and to have been vested in the Crown from the date of the 1st publication of the notice in the Gazette as if the lands had never been granted, leased or licensed by the Crown. (5) An order made under subsection (1) or a certified copy of it shall be accepted in a court as proof of the matters mentioned in it. 1991 c36 s48 Back to Top Rep. by 2016 c53 s19 49. [Rep. by 2016 c53 s19] 2016 c53 s19 Back to Top Deposit 50. A person, on filing a claim under this Part, shall deposit with the minister a sum that the minister may by regulation prescribe which shall be returned if the claim is sustained; but if the claim is rejected the minister may retain the sum for the province. 1991 c36 s50 Back to Top Costs 51. No costs for or against the Crown shall be allowed in a hearing under section 47 but the minister may allow to a successful claimant an amount to cover expenses. 1991 c36 s51 Back to Top Inspection 52. A person who makes a claim to lands under this Part shall permit a person appointed by the minister for the purpose to enter onto the lands with respect to which the claim has been made for the purpose of conducting an inspection. 1991 c36 s52 Back to Top Regulations 52.1 The minister may make regulations (a) directing other locations for the publication of notices under subsection 45(3);

(b) setting the deposit required under section 50; and (c) generally for the giving of effect to the purpose of this Part. 2016 c53 s20 PART III TRANSFER OF THE ADMINISTRATION AND CONTROL OF LANDS OF THE CROWN Back to Top Transfer to Canada 53. (1) The minister may, subject to the approval of the Lieutenant-Governor in Council, transfer, either forever or for a lesser term, to the Crown in right of Canada, the administration and control of the entire or a lesser interest of the Crown in right of the province in Crown lands including, lands to which Part I or The Mineral Act, 1976 applies, and the transfer may be made subject to those conditions, restrictions or limitations that the Lieutenant-Governor in Council considers advisable. (2) Where the Crown lands that may be transferred under subsection (1) contain not more than 30 hectares, the minister may, by order, transfer those lands, either forever or for a lesser term, to the Crown in right of Canada, subject to those conditions, restrictions or limitations that the minister considers advisable and, for the purposes of this section, the order has the same effect as an order of the Lieutenant-Governor in Council. 1991 c36 s53 ; 2016 c53 s21 Back to Top Transfer of land to other ministers 54. The minister may by order transfer, either forever or for a lesser term, to another minister of the Crown specified in the order, the administration and control of the entire or a lesser interest of the Crown in an area of Crown lands, and the transfer may be made subject to those conditions, restrictions or limitations that the minister considers advisable. 2016 c53 s22 Back to Top Lands reconveyed to Crown 55. Where lands leased, granted, licensed, quitclaimed or disposed of under Part I or a predecessor Act or transferred under this Part or a predecessor Act are conveyed to and vested in or transferred to or acquired by the minister, those lands shall be considered to be Crown lands and may be granted, leased, licensed, quitclaimed, transferred, disposed of or dealt with under Part I or this Part in the same manner as other lands to which Part I or this Part applies. 2001 c20 s4 ; 2024 c19 s26 PART IV SPECIAL MANAGEMENT AREAS Back to Top Definitions 56. In this Part, "special management area" means a special management area constituted under section 57. 1991 c36 s56 Back to Top Special management areas established 57. (1) The Lieutenant-Governor in Council may, by order, designate an area of the province to be a special management area and the area shall be limited in the order. (2) The Lieutenant-Governor in Council may by a further order cancel or amend an order made under subsection (1). 1991 c36 s57 Back to Top Administration 58. The minister may, with the approval of the Lieutenant-Governor in Council, designate another minister of the Crown who shall be responsible for the administration of a special management area order and those regulations that the minister may specify, made under this Part. 1991 c36 s58 Back to Top Prohibition against conveying 59. (1) The Lieutenant-Governor in Council may, with respect to lands within a special management area, by regulation, prohibit, without limitation of time, or for the period, or make subject to the conditions or restrictions, that may be prescribed in the regulation, (a) the conveying, leasing or licensing of those lands, whether privately owned or not, or the conveyance of other rights in respect of those lands; (b) the erection, construction or placing of a building, structure or thing in, on or over those lands; or (c) the application of those lands for agricultural, commercial, industrial, recreational, residential or other purposes. (2) In a regulation made under subsection (1), a prohibition or restriction may be varied in its application to different lands or areas in the same special management area. (3) Subsection (1) applies in respect of all lands whether held by a person under a grant, lease, licence, conveyance or other instrument or by other means. (4) A regulation made under paragraph (1)(a) shall not apply to assurances of rights in land by an executor, administrator or trustee in the performance of duties or to assurances made in good faith to members of the family, including relations by marriage, of the person making that assurance. 1991 c36 s59 ; 2009 c30 s9 ; 2023 c14 s9 Back to Top Regulations 60. The Lieutenant-Governor in Council may make further regulations (a) providing for giving effect to a regulation made under subsection 59(1); (b) providing, where a condition or restriction has been applied under subsection 59(1), for the issuing of licences or permits and designating the persons who shall issue the licences or permits; (c) prescribing the form of licences or permits and applications for licences or permits; and (d) generally for giving effect to the provisions of this Part. 1991 c36 s60 Back to Top Registration grants, etc. 61. Every grant, lease, licence, conveyance or other assurance executed or delivered in relation to lands located within a special management area shall be registered, together with proof of the minister's permission, which the minister may give, to grant, lease, licence or convey those lands, by the grantee, lessee, licensee or other person in whose favour the grant, lease, licence, conveyance or other assurance is executed or delivered, in the Registry of Deeds not later than 30 days after the execution or delivery of the grant, lease, licence, conveyance or other assurance. 1991 c36 s61 ; 2023 c14 s10 Back to Top Offence 62. (1) A person who fails to comply with or otherwise contravenes this Part or the regulations or an order made under the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $500 and in default of payment to imprisonment for a period not exceeding 3 months. (2) The conviction of a person for failing to comply with a requirement or obligation referred to in subsection (1) shall not operate as a bar to further prosecution under this Part for the continued failure on the part of that person so to comply. (3) In addition to the penalty prescribed under subsection (1), the Provincial Court judge who convicts a person of an offence referred to in that subsection may order that person (a) to remove or restore to its former state a building, structure or thing erected or placed in, on or over the land; or (b) to restore the land dealt with contrary to this Part or the regulations or an order made under the regulations, and, if that person refuses or fails to carry out an order made under this subsection within the time prescribed by the Provincial Court judge, the Provincial Court judge may designate a person to carry it out, and the cost of carrying out the order shall be borne by and may be recovered as a debt from the person. (4) A grant, lease, licence, conveyance or other assurance executed or delivered contrary to this Part or the regulations shall be declared void by the court upon the application of the Attorney General. (5) An application made under subsection (4) shall be made within 12 months of the registration of the grant, lease, licence, conveyance or other assurance in the Registry of Deeds and notice of the application shall be given to the parties concerned. 1991 c36 s62 PART V SURVEY MARKERS Back to Top Definition 63. In this Part, "control survey marker" means a marker that is installed in the ground by authority of the minister and the location of which is, or is proposed to be, derived from the Geodetic Survey of Canada. 1991 c36 s63 Back to Top Entry on land 64. (1) A person authorized by the minister may (a) enter upon all lands in the province for the purpose of installing; and (b) install control survey markers. (2) A surveyor, when engaged in the performance of duties as a surveyor, may (a) enter upon all lands in the province for the purpose of making observations to or from a control survey marker; and (b) install on the lands so entered a temporary survey marker on a traverse from a control survey marker; but that temporary survey marker shall be removed immediately upon completion of the work upon which the surveyor is engaged. (3) A surveyor, when engaged in the performance of the duties of a surveyor, may pass over, measure along and ascertain the bearings of a section line or government line, and, for those purposes, may pass over all lands in the province. (4) A person acting under subsection (1) or a surveyor acting under subsection (2) or (3) shall exercise reasonable precautions to prevent fires and restore all lands concerned, as nearly as reasonably possible, to the condition existing before the person acted under subsection (1) or the surveyor acted under subsection (2) or (3). (5) A person acting under subsection (1) or a surveyor acting under subsection (2) or (3), shall be liable to pay compensation for an injury or damage caused by the person or surveyor while so acting. (6) The amount of the compensation payable under subsection (5) may, in default of agreement between the parties, be fixed by a judge who may also determine the time and the manner of payment. (7) A party who desires to have the amount of the compensation fixed by a judge under subsection (6) may apply to the judge and before doing so the party shall give to all interested persons 10 days' notice in writing of the application or the longer period of notice that the judge may order. (8) An order of a judge made under subsection (6) is final and binding upon all the parties. (9) Notwithstanding subsection (8), where the amount of compensation fixed under subsection (6) exceeds $1,000, either party may appeal to the Court of Appeal from the order of the judge. (10) A judge before whom a proceeding is taken under subsection (6) may order the person from whom the compensation is claimed to give security for the payment of an amount which may be fixed and may, pending the termination of the proceeding prohibit that person from further acting under subsection (1), (2) or (3). (11) [Rep. by 2016 c53 s23] 1991 c36 s64 ; 2016 c53 s23 ; 2023 c14 s11 Back to Top Interfering with surveyor 65. (1) A person who interrupts, molests or hinders a surveyor while in the discharge of duties, or knowingly or wilfully pulls down, defaces, alters or removes a mound, post, monument or control survey marker erected, planted or placed in a survey under this Part is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or imprisonment for a period not exceeding 3 months. (2) Nothing in subsection (1) affects a civil remedy which a surveyor or another party may have against a person referred to in subsection (1). 1991 c36 s65 ; 2023 c14 s12 PART VI SETTING ASIDE, ALTERING OR AMENDING CROWN GRANTS Back to Top Definitions 66. In this Part, "Crown grant" means (a) a grant, lease, or licence of occupation, absolute, limited or conditional, of or relating to the Crown or public lands of the province; and (b) a licence, lease or grant of mining or other rights or an interest of or in lands in the province granted by or issuing from the Crown or from the government of the province, or a department of the government of the province. 1991 c36 s66 Back to Top Application to court 67. A person who has or claims to have an interest in lands in the province, or rights or privileges arising from or appurtenant to lands, that are or are claimed to be held, conveyed or otherwise affected by a Crown grant, who claims (a) that the Crown grant is void or voidable, or has been or ought to be forfeited; (b) that a defect, irregularity, omission, or error has occurred in or relating to the Crown grant, the right or title of the Crown to make the Crown grant, or the right or claim of the grantee or holder of the Crown grant to obtain or retain it; (c) that another act, matter or thing has been done or suffered by which the Crown grant, or a part, provision, or condition of that grant should be set aside, declared void, struck out, altered or amended; (d) that a clause, condition or provision should be added, or the name of a grantee or other party added, struck, out or altered; or (e) other relief against or in relation to the Crown grant, may apply to the court. (2) The application shall set out as briefly as possible (a) the nature of the claim; (b) the facts, circumstances or other grounds upon which the claim is made, or relief sought; and (c) the nature of the relief sought. (3) The application shall be verified by affidavit. 1991 c36 s67 Back to Top Notice to Attorney General 68. Notice of the application must be served upon the Attorney General at least 60 days prior to the making of the application. 1991 c36 s68 Back to Top Parties 69. A person whose interests are, may be, or are sought to be in any way affected by the order of the court or other relief sought by the application (a) shall be made a party to the proceedings under the application; and (b) must be served with a copy of the application in the same manner and subject to the same consequences as in other causes or matters. 1991 c36 s69 Back to Top Default order 70. In the case of default of a defence, an order may be had as in other cases. 1991 c36 s70 Back to Top How case proceeds 71. Upon a defence being filed and served, the case may be proceeded with in all respects and in the same manner as in other cases to a final order. 1991 c36 s71 Back to Top Powers of court 72. The court may, at any stage of the proceedings on the application or upon the hearing of the application, make the order or decision, or grant the other relief in relation to the subject matter of the application that might be given, granted in, under or by virtue of another proceeding in relation to a deed, conveyance, contract or document, other than a Crown grant. 1991 c36 s72 Back to Top Rights of grant holder unaffected 73. (1) Where an application is made under section 67, the holder of the Crown grant that is the subject of the application is not subject to the terms and conditions of the Crown grant, including a provision requiring an expenditure of money, from the date of filing of the application to the date a final decision is given by the court. (2) A Crown grant does not become forfeit nor is it otherwise affected by the non-expenditure of money or the non-performance of the terms and conditions of the grant during that period. 1991 c36 s73 PART VI.1 General 2016 c53 s24 Back to Top Collection of debt 73.1 (1) Where there is a debt owed to the Crown under this Act, the minister may issue a certificate stating the amount due and remaining unpaid to the Crown and the name of the person by whom it is payable, and file the certificate with the court. (2) When a certificate is filed with the court under subsection (1) it is of the same effect and all proceedings may be taken on the certificate as if it were a judgment of the court for the recovery of the amount stated in the certificate against the person named in the certificate. (3) A person named in the certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge for a review, on a question of law or jurisdiction, of the certificate. (4) On application under subsection (3), the judge may make an amendment to the certificate that is necessary to make the certificate accord with the judge's decision. (5) There is no appeal from a decision of a judge made under this section. (6) A certificate filed under this section may also be filed in the judgement enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act. 2016 c53 s24 Back to Top Statutory review 73.2 The minister shall, every 5 years, conduct a review of this Act and the regulations and consider the areas which may be improved. 2016 c53 s24 Back to Top No liability 73.3 An action for damages for an act, purported act or failure to act, for a proceeding initiated or carried out in good faith under this Act, for carrying out duties or obligations under this Act or any regulation made under this Act or for a decision or order made or enforced in good faith under this Act, does not lie and shall not be instituted or continued against (a) the Crown; (b) a minister; (c) an employee of the Crown; or (d) an agent of the Crown. 2024 c19 s27 PART VII CONSEQUENTIAL AMENDMENTS REPEAL AND COMMENCEMENT Back to Top Acts amended 74. (1) Subsection 9(2) of The Aquaculture Act is amended by striking out the words " The Crown Lands Act" and substituting the words " The Lands Act" . (2) Schedule A of The Department of Environment and Lands Act, 1989 is repealed and the following substituted: Back to Top Schedule A 1. The Crown Lands Act 2. The Environmental Assessment Act 3. The Land Surveyors Act 4. The Lands Act 5. The National Parks (Lands) Act 6. The Newfoundland Geographical Names Board Act, 1974 7. The Pesticides Control Act, 1983 8. The Provincial Parks Act 9. The Reservation of Lands to the Crown Act 10. The Waste Material (Disposal) Act, 1973 11. The Waters Protection Act 12. The Well Drilling Act 13. The Wild Life Act 14. The Wilderness and Ecological Reserves Act . (3) Schedule A of The Department of Forestry and Agriculture Act, 1989 is amended by adding immediately after Item 15 the following: 15.1 The Lands Act (4) Paragraph 10(1)(b) of The Mineral Act, 1976 is amended by striking out the words " The Crown Lands Act " and substituting the words " The Lands Act ". (5) Subsection 40(1) of The Newfoundland and Labrador Housing Corporation Act is amended by striking out the words " The Crown Lands Act " and substituting the words "The Lands Act" . (6) Paragraph 12(3)(b) of The Quieting of Titles Act is repealed and the following substituted: (b) that subsection 36(2) of The Lands Act applies to the lands affected by the application. (7) Paragraph 3(a) of The Reservation of Lands to the Crown Act is amended by striking out the words " The Crown Lands Act" and substituting the words " The Lands Act" . 1991 c36 s74 Back to Top Repealed Act 75. The following Acts are repealed: (a) The Abandoned Lands Act ; (b) The Administration and Control of the Lands of the Crown (Transfer) Act ; (c) The Crown Grants (Proceedings) Act ; (d) The Development Areas (Lands) Act ; (e) The Labrador Lands (Reservation) Act ; (f) [Rep. by 1993 c53 s19]; and (g) The Veterans Land Settlement Act . 1991 c36 s75 ; 1993 c53 s19 Back to Top Crown Lands Act 76. (1) Part I, being sections 5 to 21, of The Crown Lands Act is repealed. (2) Sections 102 to 129, inclusive, and sections 132 to 135, inclusive, of The Crown Lands Act are repealed. 1991 c36 s76 Back to Top Commencement 77. This Act or a Part or a section of this Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Apr. 1/92) 1991 c36 s77