National Parks
Judicial review of Parks Canada decision pertaining to new lease of Crown land to applicant—Applicant operating seasonal accommodation facility in Banff National Park—Commencing negotiations with respondent in 2001 for redevelopment plan, new lease—Respondent adopting Revised Policy Directive for Commercial Rent Setting on May 21, 2004—That policy providing agreed-upon percentage of gross revenue only available basis for calculating rent except where “substantive negotiations” between respondent, lessee on terms of surrender, replacement of lease completed by May 20, 2004, in which case lessee permitted to select rent option from those set out in National Parks of Canada Lease and Licence of Occupation Regulations, SOR/92-25, s. 6(1)—Revised Policy Directive not capable of overriding choice of rent regime granted in s. 6—Accordingly Minister not having jurisdiction to grant lease and then impose rent regime—However, open to Minister under Regulations, s. 3 to decline grant of new lease on terms sought by applicant—Fact lease not substantially negotiated by May 20, 2004 demonstrating lack of substantive agreement on terms—Application dismissed.
Johnston Canyon Co. Ltd. v. Canada (Attorney General) (T-1688-06, 2008 FC 940, Mosley J., judgment dated August 14, 2008, 17 pp.)