Second

Session, 50th General Assembly

Charles III, 2024

BILL 68

AN ACT TO AMEND THE

LANDS ACT NO. 2

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee ..................................................................................

Amendment

Nov. 20, 2024

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE GERRY

BYRNE

Minister of

Fisheries, Forestry and Agriculture

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Lands Act to

authorize the minister to issue

quitclaims and include references related to quitclaims throughout the Act,

where necessary;

authorize the minister to issue

a grant, lease, licence or quitclaim for Crown lands in a shoreline reservation

where necessary for a commercial undertaking;

authorize the minister to

prescribe additional structures and purposes for which a licence may be issued respecting

Crown lands in a shoreline reservation;

remove the timeframe within

which the department is required to publish information on its website respecting

an application for a grant, lease, licence or quitclaim for Crown lands contained

in a shoreline reservation;

remove the timeframe within which

a plan and survey that is prepared in relation to an application for a grant,

lease, easement, licence or quitclaim is required to be registered with the Crown

Lands Administration division and authorize the minister to set the timeframe;

remove the timeframe within

which a person who receives a title document from the minister is required to return

the signed title document and pay the related fee and authorize the minister to

set the timeframe;

allow certain persons whose

claim to Crown lands was barred under the Act before the coming into force of

this Act to make an application in respect of the land under t he Quieting of Titles Act, the Act or another Act within 5 years of the coming

into force of this Act;

reduce the time period required

to establish adverse possession against the Crown from 20 years immediately prior

to 1977 to 10 years immediately prior to 1977;

require that applications for

grants based on adverse possession under

section 36 of the Act be made within 5

years of the coming into force of this Act;

require the minister to establish,

by regulation, regional appeal boards and rules of procedure for regional

appeal boards;

allow persons to appeal decisions

relating to applications for grants based on adverse possession under

section

36 of the Act to a regional appeal board; and

authorize the minister to issue

a certificate stating that lands are not Crown lands where the minister is of

the opinion that the lands referenced in the certificate are not Crown lands.

A BILL

AN ACT TO AMEND THE LANDS ACT NO. 2

Analysis

S.2 Amdt .

Definitions

S.2.1 Amdt .

Labrador Inuit rights

S.6.1 Added

Quitclaim of Crown lands

S.7 Amdt .

Reservation of shoreline

S.10 Amdt .

Survey and registration of plan

S.12 Amdt .

Cancellation of application

S.13 Amdt .

Payment of fees

S.14 Amdt .

When grant, etc. effective

S.15 Amdt .

Reservation of minerals, etc.

S.16 Amdt .

Title not affected

S.17 Amdt .

Correction of error

S.18 Amdt .

Inconsistent grants

S.19 Amdt .

Error in grant, etc.

S.24 Amdt .

Inspections

S.25 Amdt .

Where minister claims land

S.29 Amdt .

Land considered granted

S.29.1 Amdt .

Unauthorized use of Crown lands

S.30 Amdt .

Court order

S.32 Amdt .

Removal of structure

S.36 Amdt .

Adverse possession abolished

Ss.36.1&36.2 Added

36.1 Regional appeal boards

36.2 Appeal to a regional

appeal board

S.37 Amdt

Copies of grants, etc.

S.39 R&S

Certificate of minister

S.40 Amdt .

Conflict of interest

S.41.1 Amdt .

Ministerial regulations

S.55 Amdt .

Lands reconveyed to Crown

S.73.3 Added & Amended

No liability

RSNL1990 cP-43 Amdt .

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1991 c36

as amended

Section 2 of the Lands Act is amended by deleting the word "and" at the

end of paragraph (

h) and by adding immediately after paragraph (

h) the

following:

(h.1) "regional appeal board" means a

regional appeal board established in accordance with

section 36.1; and

2. Subsection 2.1(2) of the Act is amended by

deleting the words " easement or grant"

wherever they appear and substituting the words "easement, grant or

quitclaim".

3. The Act is amended by adding immediately after

section 6 the following:

Quitclaim of

Crown lands

6.1 The

minister

may issue a quitclaim to a person in respect of an area of Crown lands subject

that the minister may set out in the quitclaim.

4. (1) Subsections 7(1) and (2) of the Act are repealed

and the following substituted:

Reservation of

shoreline

(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) Section 7 of the Act is amended by adding

immediately after subsection (2) the following:

(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) Subsections 7(3) and (4) of the Act are repealed

and the following substituted:

(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 , 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.

(4) Subsection 7(5) of the Act is amended by

deleting the words " within 5 days of the date

the application is received".

(5) Subsection 7(6) of the Act is amended by

deleting the words " lease or licence under

subsection (2) " and substituting the words "lease, licence or

quitclaim under subsection (2) or for a licence under subsection (2.1)".

(6) Subsection 7(8) of the Act is repealed and the

following substituted:

(8) The

minister may include in a grant, lease, licence

or quitclaim issued under subsection (2) and in a licence

considers necessary.

5. (1) Subsection 10(1) of the Act is amended by

(

a) deleting the words "lease or

easement" and substituting the words "lease, easement or

quitclaim"; and

(

b) deleting the words " 12 months after the date of approval of the application"

and substituting the words "the time period set by the minister".

(2) Subsection 10(2) of the Act is amended by

deleting the words " 12 months after the date of

approval of the application" and substituting the words "the time

period set by the minister".

(3) Subsections 10(3) and (4) of the Act are repealed

and the following substituted:

(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.

(4) Subsection 10(5) of the Act is amended by

deleting the words " licence or easement"

and substituting the words " licence , easement or

quitclaim".

6. (1) Subsection 12(1) of the Act is amended by

(

a) deleting

the words " licence or easement" and

substituting the words " licence , easement or

quitclaim"; and

(

b) deleting

the words "90 days from the date of receipt by that person of the

document" and substituting the words "the time period set by the

minister".

(2) Subsection 12(2) of the Act is repealed and

the following substituted:

(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).

7. (1) Subsection 13(1) of the Act is amended by

deleting the words " licence or easement"

and substituting the words " licence , easement or

quitclaim".

(2) Subsection 13(2) of the Act is amended by

deleting the words " licence or an

easement" and substituting the words " licence ,

easement or quitclaim".

Section 14 of the Act is amended by

(

a) deleting the words "licence or

easement" wherever they appear and substituting the words "licence,

easement or quitclaim"; and

(

b) deleting the words " licensee or person to whom the easement is

granted " wherever they appear and substituting the

words "licensee, person to

whom the easement is granted or releasee under a quitclaim".

9. Subsection 15(1) of the Act is amended by

deleting the words " licence or easement"

and substituting the words " licence , easement or

quitclaim".

Section 16 of the Act is amended by deleting

the words " licence or easement" and substituting the words

" licence, easement or

quitclaim".

11. (1) Subsection 17(1) of the Act is amended by deleting

the words "licence or easement" wherever they appear and substituting

the words "licence, easement or quitclaim".

(2) Subsection 17(2) of the Act is amended by

(

a) deleting the words "leased or

licensed" and substituting the words "leased, licensed, quitclaimed ";

(

b) deleting

the words " licence or easement" and

substituting the words " licence , easement or

quitclaim"; and

(

c) deleting the words "leased,

licensed" and substituting the words "leased, licensed,

quitclaimed".

12. (1) Subsection 18(1) of the Act is amended by

deleting the number and words " 1

grant, lease or licence " and substituting the

words "one grant, lease, licence or

quitclaim".

(2) Paragraph 18(2)(

a) of the Act is amended by

deleting the words " lease or licence " and substituting the words "lease, licence or quitclaim".

(3) Paragraph 18(2)(

b) of the Act is amended by

deleting the words " lessee or

licensee" and substituting the words "lessee, licensee, or releasee

under a quitclaim".

(4) Subsection 18(4) of the Act is amended by

deleting the words " lease or licence " and substituting the words "lease, licence or quitclaim".

(1) Section 19 of the Act is amended by

deleting the words " licence or easement"

wherever they appear and substituting the words " licence ,

easement or quitclaim".

(2) Paragraph 19(1)(

b) of the Act is amended by

deleting the word " licensed"

and substituting the words "licensed, quitclaimed".

Section 24 of the Act is amended by

(

a) deleting the words " licence or easement" wherever they appear and

substituting the words " licence , easement or

quitclaim"; and

(

b) deleting the word " licensed" and substituting the words

"licensed, quitclaimed".

Section 25 of the Act is amended by adding

immediately after subsection (2) the following:

(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.

16. (1) Subsection 29(1) of the Act is amended by

deleting the words "leased or licensed" wherever they appear and

substituting the words "leased, licensed, quitclaimed".

(2) Subsection 29(2) of the Act is amended by

deleting the words "licence or easement" wherever they appear and

substituting the words "licence, easement or quitclaim".

17. Paragraphs 29.1(1)(

d) and (

e) of the Act is

amended by deleting the words "lease or licence" wherever they appear

and substituting the words "lease, licence or quitclaim".

Section 30 of the Act is amended by deleting

the word "licensee" and substituting the words "licensee, releasee

under a quitclaim".

19. Subsection 32(2) of the Act is amended by

deleting the words " lease or licence " wherever they appear and substituting the

words "lease, licence or quitclaim".

20. (1) Subsections 36(2) to (4) of the Act are

amended by deleting the number "20" wherever it appears and

substituting the number "10".

(2) Section 36 of the Act is amended by adding

immediately after subsection (3) the following:

(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.

(3) Section 36 of the Act is amended by adding

immediately after subsection (4) the following:

(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.

(4) Section 36 of the Act is amended by adding

immediately after subsection (6) the following:

(7) A person may appeal a decision under this

section to a regional appeal board in accordance with

section 36.2.

21. The Act is amended by adding immediately after

section 36 the following:

Regional appeal

boards

36.1

(1) The minister shall,

by regulation,

(

a) establish one or more

regional appeal boards to consider appeals of decisions under

section 36; and

(

b) assign to each

regional appeal board a specific area of the province over which it shall have

jurisdiction.

(2) Each regional appeal board shall be comprised

of 4 members appointed by the minister and shall include

(a) 2 individuals who

(

i) are members in

good standing of the Law Society of Newfoundland and Labrador, or

(ii) were members in good standing of the Law

Society of Newfoundland and Labrador within 5 years immediately preceding the appointment;

(

b) one individual who has a prescribed professional

designation; and

(

c) one individual to represent the public

interest.

(3) The minister shall designate one of the

members appointed under paragraph (2)(

a) as chairperson and the other as

vice-chairperson.

(4) An individual appointed to a regional appeal

board holds office for a term of 3 years and is eligible to be reappointed.

(5) Where the term of

office of an individual appointed under subsection (1) expires, the individual

continues to be a member until re-appointed or replaced.

(6) Members of a regional appeal board may be remunerated for their service on the regional appeal

board and paid their travel and other expenses associated with their duties as

members, in accordance with guidelines established by the Lieutenant-Governor

in Council.

(7) A quorum of a

regional appeal board is 3 members, one of whom shall be the chairperson

or vice-chairperson.

(8) The minister shall establish, by regulation,

rules of procedure for regional appeal boards.

Appeal to a regional

appeal board

36.2

(1) A person who wishes to appeal a decision under

section 36 to a regional appeal board shall file the appeal with the department

not more than 60 days after the person receives the decision.

(2) An appeal shall

(

a) be in writing;

(

b) state the reasons for the appeal; and

(

c) include

(

i) a copy of the

application and other documentation submitted under

section 36 relating to the

decision being appealed,

(ii) the required fee, and

(iii) other prescribed documentation or information.

(3) A regional appeal board shall consider and

decide an appeal in accordance with this Act and the regulations and may

confirm, vary or reverse the decision being

appealed.

(4) A regional appeal board shall conclude an

appeal within the prescribed time period .

(5) Where a regional appeal board varies or

reverses a decision, the minister shall issue a grant or a quitclaim in

accordance with the decision of the regional appeal board.

(6) A decision of a regional appeal board is final

and is not subject to further appeal.

22. (1) Subsection 37(1) of the Act is amended by deleting

the words " licences or easements" and substituting the words

" licences, easements or

quitclaims".

(2) Subsection 37(3) of the Act is amended by

deleting the words " licence or easement" and substituting the words " licence , easement or quitclaim".

Section 39 of the Act is repealed and the

following substituted:

Certificate of

minister

(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.

24. Subsection 40(1) of the Act is amended by

deleting the words " licence or easement" and substituting the words " licence , easement or quitclaim".

(1) Paragraph 41.1(

a) of the Act is repealed and the following substituted:

(

a) prescribing

other structures and purposes for the purpose of subsection 7(2.1);

(2) Section 41.1 of the Act is amended by deleting

the word "and" at the end of paragraph (b), repealing paragraph (

c) and

substituting the following:

(

c) establishing

regional appeal boards and assigning the area of the province over which a

regional appeal board shall have jurisdiction;

(3) Section 41.1 of the Act is amended by adding

immediately after paragraph (

c) the following:

(

d) prescribing

professional designations for the purpose of paragraph 36.1(2)(b );

(

e) establishing

rules of procedure for regional appeal boards;

(

f) prescribing

other documentation and information for the purpose of subparagraph

36.2(2)(c)(iii );

(

g) prescribing

time periods for the purpose of subsection 36.2(4); and

(

h) generally for the giving of effect to the purpose of

this Part.

Section 55 of the Act is amended by deleting

the word "licensed" wherever it appears and substituting the words

"licensed, quitclaimed".

(1) The Act is amended by adding immediately

after

section 73.2 the following:

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.

(2) Section 73.3 of the Act is amended by deleting

the word "or" at the end of paragraph (c), deleting the period at the

end of paragraph (

d) and substituting a semi-colon and the word "or"

and adding immediately after paragraph (

d) the following:

(

e) a member of a regional appeal board.

RSNL1990 cP-43 Amdt .

Schedule C of the Public Service Commission

Act is amended by adding immediately after the statutory appointment

reference "Labrador Inuit Land Claims Agreement,

Part 12.8.2, 13.10.2 "

the statutory appointment reference " Lands Act , subsection 36.1(2)".

Commencement

Section 1, subsection 20(4),

section 21, subsections

25(2) and (3), subsection 27(2) and

section 28 of this Act come into force on a

day to be proclaimed by the Lieutenant-Governor in Council.

King's Printer