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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Crown Lands and Forests Act
 
Legislature :
55
Session :
2
Bill No. :
3
Member :
Hon. Ashfield
First Reading :
2004-12-3
Second Reading :
2004-12-8
Committee of the Whole :
2005-1-4
Amended :
Third Reading :
2005-1-5
Royal Assent :
2005-1-21
Download PDF :
  Bill 3         
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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 adding the following definition in alphabetical order:



"licence of occupation" means a licence of occupation issued under section 26 of the Act;



2                           Section 26 of the Act is repealed and the following is substituted:



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.



26(2)               Notwithstanding subsection (1), the Minister may issue a licence of occupation to any person authorizing that person to occupy and use Crown Lands for such period of time the Minister considers necessary where the occupancy and use are for the purpose of placement of utility poles and anchors.



26(3)               The Minister may renew a licence of occupation as many times as the Minister considers necessary, but the period for which a licence under subsection (1) may be renewed shall not exceed twenty years.



3                           Paragraph 95(1)(s) of the Act is repealed and the following is substituted:



(s)                prohibiting or regulating access to, entry upon, travel upon or use of Crown Lands, including the issuing of licences of occupation, the issuing of permits and the imposition of fees;



Transitional

4                           Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to an authorization to occupy and use Crown Lands, it shall be read, unless the context otherwise requires, as a reference to a licence of occupation.



Mining Act

5                           Subsection 110(4) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by striking out "right to occupy and use" and substituting "licence of occupation for".



Protected Natural Areas Act

6(1)                   Paragraph 19(c) of the Protected Natural Areas Act, chapter P-19.01 of the Acts of New Brunswick, 2003, is repealed and the following is substituted:



(c)                lease, issue a licence of occupation under the Crown Lands and Forests Act or otherwise encumber Crown Lands within a protected natural area.



6(2)                   Section 20 of the Act is amended



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



(e)                a licence of occupation granted by the Minister under the Crown Lands and Forests Act where the approved use of the lands, as specified in the licence of occupation, is the maintenance, management, repair, rehabilitation or operation of infrastructure located within the boundaries of a protected natural area,



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



(g)               a licence of occupation authorizing the occupancy and use of Crown Lands within a Class II Protected Natural Area issued by the Minister under the Crown Lands and Forests Act where the approved use of the lands, as specified in the licence of occupation, is a trail for the carrying on of an outdoor recreational activity.



6(3)                   Paragraph 22(e) of the Act is repealed and the following is substituted:



(e)                a licence of occupation issued under the Crown Lands and Forests Act and in effect immediately before the establishment of the protected natural area;



EXPLANATORY NOTES



Section 1



New definition.



Section 2



The existing provision is as follows:



26(1)               Subject to subsection (2), the Minister may authorize any person to occupy and use Crown Lands for a period not exceeding ten years, upon such terms and conditions and subject to such reservations as he considers advisable.



26(2)               An authorization under subsection (1) and any extension thereof shall not exceed an aggregate period of ten years.



26(3)               Notwithstanding subsections (1) and (2), the Minister may



(a)               authorize any person to occupy and use Crown Lands for such period of time as the Minister considers necessary,



(b)               renew the authorization under paragraph (a) as many times as the Minister considers necessary,



where the occupancy and use are for the purpose of placement of utility poles and anchors.



Section 3



The existing provision is as follows:



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



(s)                prohibiting or regulating access to, entry upon, travel upon or use of Crown Lands, including the issuing of permits and the imposition of fees;



Section 4



Transitional provision.



Section 5



Consequential amendment.



Section 6



Consequential amendments.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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