Crown land lease and licence of occupation

A lodge, campground or outfitter on provincial Crown land may hold only a right to occupy and use the land, not the land itself.

British Columbia and Ontario

Under BC’s Land Act the minister may issue a lease, or a licence to occupy and use Crown land, on the terms and reservations the minister considers advisable (ss. 38 and 39). Section 99 says a person may not dispose of or deal with an interest in Crown land held under a disposition, other than a Crown grant, unless the disposition expressly allows it or the minister approves in writing; a dealing made against that rule is void. Ontario’s Public Lands Act, s. 20, lets the Minister issue a licence of occupation to a person who has purchased or is permitted to occupy public lands, among others, and the holder or the holder’s assigns may occupy the land subject to its conditions. Under s. 23 the Minister may cancel a lease or licence if satisfied that its conditions were violated, among other grounds.

What to ask

Ask for the lease or licence, and check its term, conditions and whether a change of operator needs the province’s written approval.

See campground and RV park due diligence.