Statutes of Newfoundland and Labrador 2024 Chapter 19

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1991 c36
as amended

1. 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 to those terms and conditions 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 (1) Subsections 7(1) and (2) of the Act are repealed and the following substituted: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

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) 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 issued under subsection (2.1) those terms and conditions that the minister 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".

8. 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".

10. 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

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".

13. (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".

14. 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".

15. 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".

18. 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

(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

(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".

23. Section 39 of the Act is repealed and the following substituted:

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.

24. Subsection 40(1) of the Act is amended by deleting the words "licence or easement" and substituting the words "licence, easement or quitclaim".

25. (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.

26. Section 55 of the Act is amended by deleting the word "licensed" wherever it appears and substituting the words "licensed, quitclaimed".

27. (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;

(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.

28. 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

29. 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.