HomeMy Public PortalAboutCOW A 2014-04-171
Pam Myra
Subject:FW: Special Lease - Wild Rose Park
Attachments:2013-05-03_Guidelines_Applicants_Crown_Land_Leasing_V1.0_Final-Approved.pdf;
ATT00001.htm
From: Hines, Samantha E
Sent: Thursday, February 06, 2014 3:27 PM
To: 'Erin Beaudin'
Subject: RE: Special Lease - Wild Rose Park
Hi Erin,
I spoke to Melanie with regards to your questions about liability of the structures (slipways, rock ways etc.) that form
part of the park. We can definitely consider a special lease but we can’t waive any liability even if the structures are left
and not maintained. Wording in the lease is that the lessee is “the occupier of the demised property and is responsible
for ensuring the demised property is maintained to a standard suitable for the use of the demised property as outlined
in the lease”.
Does this answer your question Erin?
I believe that I have already sent you a copy of our new special lease application but just in case please find attached.
Sam
From: Erin Beaudin [mailto:ebeaudin@chester.ca]
Sent: Monday, January 27, 2014 11:12 AM
To: Hines, Samantha E
Subject: Special Lease - Wild Rose Park
Hi,
Is there any update on this file?
Is the Clay and Big Fish file now closed out?
Erin
________________________________
ERIN BEAUDIN, MPA, MAES, BAH
Chief Administrative Officer
Municipality of the District of Chester
151 King Street
P.O. Box 369
Chester, Nova Scotia B0J 1J0
Phone - (902) 275-3554 x1101
Cell - (902) 277-1718
Fax - (902) 275-4771
GUIDELINES FOR THE PREPARATION OF
CROWN LAND LEASE APPLICATIONS
VERSION: 1.0
DATE: 2013-05-03
PUBLICATION NUMBER: LS 2013-001
1 Guidelines for the Preparation of Crown Land Lease Applications
APPROVED AMENDMENTS
Effective Date Version Reviewed By Summary of Changes
2013-05-03 1.0 Reviewed by Executive Directors and
approved by Deputy, Department of
Natural Resources
Initial release
2 Guidelines for the Preparation of Crown Land Lease Applications
TABLE OF CONTENTS
1 General Information .............................................................................................................................. 3
1.1 Introduction .................................................................................................................................... 3
1.1 What is Crown Land? .................................................................................................................... 3
1.2 What is a Crown Land Lease? ...................................................................................................... 3
1.3 Accessing Crown Land ................................................................................................................. 4
2 Eligibility ................................................................................................................................................ 5
3 How to Apply ......................................................................................................................................... 5
3.1 Submitting an Application .............................................................................................................. 5
3.2 Letter of Authority and Comfort Letter Requests .......................................................................... 7
4 Preparing a Development Plan ............................................................................................................. 7
4.1 Information about the Applicant .................................................................................................... 7
4.2 Description and Schedule ............................................................................................................. 8
4.3 Marketing Plans ............................................................................................................................ 8
4.4 Site Access and Preparation ......................................................................................................... 8
4.5 Environmental Considerations ...................................................................................................... 9
4.6 Site Reclamation ........................................................................................................................... 9
4.7 Illustrations .................................................................................................................................... 9
5 Other Requirements ............................................................................................................................ 10
5.1 Fees ............................................................................................................................................ 10
5.2 Land Survey Requirement .......................................................................................................... 10
5.3 Land Appraisal ............................................................................................................................ 10
5.4 Financial Security and/or Performance Bond ............................................................................. 10
6 After a Lease is Awarded .................................................................................................................... 11
6.1 Merchantable Wood (Stumpage Rates) ...................................................................................... 11
6.2 Monitoring for Lease Compliance ............................................................................................... 11
6.3 Termination of a Lease ............................................................................................................... 11
6.4 Renewing a Crown Land Lease .................................................................................................. 11
6.5 Transfer of a Lease ..................................................................................................................... 12
7 Freedom of Information and Protection of Privacy.............................................................................. 12
8 Enquiries ............................................................................................................................................. 13
Appendix A – Definitions ............................................................................................................................. 14
Appendix B – Guidance for Agriculture and Wind-energy Applicants......................................................... 16
3 Guidelines for the Preparation of Crown Land Lease Applications
1 GENERAL INFORMATION
1.1 Introduction
The Department of Natural Resources (DNR) administers activities conducted on Crown lands pursuant
to the Crown Lands Act. Crown lands are considered public assets which can be used for a variety of
beneficial uses including recreation, conservation and for economic development purposes. DNR has
adopted a proactive approach to land asset management and has identified that availability of Crown
lands can be an important component for economic and social enterprises and for community
development.
One of the authorities used to manage Crown lands are long-term land leases. Leases can be issued in
response to an application or as a result of a public tendering process initiated by DNR. The Guidelines
for the Preparation of Crown Land Lease Applications has been developed to explain the process and
requirements for applying for a Crown land lease. The Guideline does not apply to tendering situations.
The Guideline outlines the following topics:
• how to make an application;
• the application review process followed by DNR;
• requirements of a development plan;
• an explanation of fees and other requirements such as land surveys, land market value
appraisals and financial securities and/or performance bonds;
• the monitoring process for lease compliance; and
• how to renew or transfer a lease.
1.1 What is Crown Land?
Crown land means all or any part of land under the administration and control of the Minister of Natural
Resources as defined in the Crown Lands Act and Beaches Act including freshwater submerged areas.
Of the 5.53 million hectares of land in Nova Scotia, about 1.54 million hectares (3.8 million acres) or
about 28% of the province is DNR Crown land (as of March 2013). Most of the submerged lands (the
seabed) along the Province’s 9,000 km of coastline and beds of fresh water lakes are also considered
Crown land.
The Province owns other land across Nova Scotia, including wilderness protected areas, highways,
roads, schools, housing developments, and provincial buildings; however, land that is managed and
administered by other departments is not considered Crown land and is not covered by this Guideline.
1.2 What is a Crown Land Lease?
A Crown land lease is a long-term authority issued to allow for specific activities on Crown land. The
Crown Land Leasing Policy, administered by the DNR Land Services Branch, sets out conditions for the
use of Crown land under a lease agreement. Crown land is a resource to be used for the benefit of all
Nova Scotians; therefore, a number of considerations must be evaluated prior to the issuance of a
Crown land lease.
4 Guidelines for the Preparation of Crown Land Lease Applications
Examples of activities that may be conducted under a Crown land lease are set out below:
• Agriculture: Maple syrup production, blueberry cultivation or cranberry harvesting.
• Wind-energy Generation: Construction and operation of a wind farm.
• Communication: Construction, maintenance, and operation of telecommunications towers and
related equipment.
• Submerged Land: Marina operations, tidal power generation or utility cable landing sites.
• Mineral Resources Development: Mineral production operations.
Note: Crown lands are not leased for residential purposes.
A Crown land lease may be granted for a term of up to 20 years and can be renewed for an additional 20
year period, depending on the activity. A lease provides authority to conduct activities on Crown lands;
however, additional authorities and approvals may be required depending on the activity and resource
being developed. It is the lessee’s responsibility to obtain any permission from other government
agencies to execute their undertaking.
A sample Crown land lease agreement can be downloaded from the DNR website.
1.3 Accessing Crown Land
There are two ways to access Crown land for the purpose of leasing.
1. Application: DNR will review applications for Crown land leases. Applicants must complete and
submit an Application for the Use of Crown Land (see Section 3 - How to Apply). The lease
application must be limited to the area required for the proposed activities.
2. Tender: DNR may evaluate opportunities for leasing of Crown land for specific purposes. The areas
of Crown land identified as part of this process are made available to interested parties through a
public tendering process. The tendering process involves issuing a Request for Proposal (RFP) for
predefined and specific uses (for example, maple syrup development or wind-energy conversion). A
detailed description of the process for responding to an RFP and a description of the evaluation
criteria will be included in the RFP document. This Guide does not apply to tender situations.
5 Guidelines for the Preparation of Crown Land Lease Applications
2 ELIGIBILITY
1. An Applicant must be one of the following:
a. an individual at least 19 years of age;
b. an organization registered at the Nova Scotia Registry of Joint Stock Companies or
incorporated under the laws of Canada; or
c. a municipality of Nova Scotia.
2. An application from an organization listed in item b above must include up-to-date business
registration information, which indicates that it is considered to be in good standing.
3 HOW TO APPLY
3.1 Submitting an Application
Requests for Crown land areas will be reviewed on a first come, first served basis. If multiple requests
for the same Crown land area(s) are received, a public tendering process may be initiated. An
application may be rejected if the proposed activity is not considered to be in the best interest of the
Province or at any time during the lease review process if information is received that would make the
requested area not suitable for the requested purpose.
STEP 1 Application Submission and Initial Review
1. Requests for Crown land leases are reviewed following DNR receiving an Application
for the Use of Crown Land. The completed application form must be submitted to the
DNR Land Services Branch. Information regarding where to submit the form is
included on the application form. The form can be downloaded from the DNR website
or paper copies are also available at DNR Offices (see Section 8 – Enquires for contact
information).
2. DNR will complete an initial review of the application (normally completed in 10
business days) to determine:
a. if the area requested is under the administration of the DNR,
b. whether any legal encumbrances exist on the area that would interfere with the
proposed activity, and
c. if the proposed activity fits within the department’s policies and programs related
to the use of Crown land.
3. DNR will inform Applicants of the outcome of the initial review indicating that:
a. the application cannot proceed for the reasons stated following the review;
b. the application can proceed to the next step; and/or
c. if necessary, provide interim authority to the Applicant for access to the land for
further evaluation of resources (see Section 3.2 - Letter of Authority and Comfort
Letter Requests).
STEP 2 Development Plan Submission and Review
6 Guidelines for the Preparation of Crown Land Lease Applications
1. When Step 1 is successfully completed, the Applicant will be provided up to 60 days to
submit a Development Plan describing the proposed activity in detail. The
requirements for a Development Plan are outlined in Section 4.
2. Development Plans are evaluated based on the potential to conduct an acceptable
activity and, if applicable, operate a viable business. The Applicant may be asked to
provide additional information if the Development Plan is considered incomplete or if
DNR requires clarifications.
In order to assess the Development Plan, DNR will:
a. initiate an Integrated Resource Management (IRM) review, which is a planning
and decision-making process used by the department to consider all of the
potential uses of land, and determine whether the requested activity optimizes
land use;
b. where necessary, refer the application to other provincial departments or
agencies for review and recommendation (for example, the Department of
Agriculture for a request to lease land for agricultural purposes);
c. conduct aboriginal consultations to evaluate the potential impact of the proposed
activity on aboriginal rights and interests. As part of the consultation process, the
Applicant may be required to do one or more of the following:
o conduct studies or research regarding Mi’kmaq interests within and in the
vicinity of the requested Crown land;
o modify activities proposed for the requested Crown land to accommodate
adverse impact(s) on aboriginal and treaty rights;
o make reasonable effort to negotiate, enter into and implement a benefits
agreement with the Mi’kmaq through the Assembly of Nova Scotia
Mi’kmaq Chiefs;
o provide continued access to the Mi’kmaq for traditional activities (fishing,
hunting and harvesting for domestic purposes);
o respect culturally significant areas important to the Mi’kmaq and provide
them with continued access to those sites.
STEP 3 Obtain Approval and Issue Lease
1. When Step 2 is successfully completed, DNR will send a Letter of Offer to the Applicant
which sets out the conditions and identifies any further requirements (for example,
provincial environmental assessment requirement, additional consultations with the
Mi’kmaq of Nova Scotia, the need for a survey plan or land appraisal).
2. The Letter of Offer will include an expiry date by which time the Applicant must have
signed and returned the Letter of Offer.
3. When the Applicant has met all the conditions and any further requirements
described in the Letter of Offer, DNR will prepare the appropriate documents for final
approval by the Minister or Executive Council.
4. If final approval is granted, a lease will be sent to the Applicant for signature. The lease
7 Guidelines for the Preparation of Crown Land Lease Applications
will outline all the obligations of the lessee including reference to the Approved
Development Plan which sets out the authorized activities.
5. Once the signed lease is received from the Applicant, it will be signed by the Minister
or his delegate and a copy will be returned to the Applicant.
6. The department will record the lease at the Land Registry.
3.2 Letter of Authority and Comfort Letter Requests
1. Letters of Authority may be issued to allow interim access to Crown land. Anytime after Step 1 has
been completed successfully, an Applicant may request a Letter of Authority to authorize access to
the requested Crown land to confirm the quality and quantity of the resources expected to be
developed or to confirm other attributes of the requested land.
2. An Applicant may request a Comfort Letter to confirm that their Application for the Use of Crown
Land has been received by DNR and is under review.
4 PREPARING A DEVELOPMENT PLAN
Development Plans must clearly describe the activities proposed during the term of a lease. An
Approved Development Plan will be referenced in the lease document indicating what activities are
authorized and when they will occur.
The detail required in the plan is dependent on the scale and scope of the proposed activities. The plan
must include information to support a sustainable business or activity from a social, technical, economic,
and environmental perspective.
At the end of the lease term the area leased must be rehabilitated or reclaimed as closely as possible to
its original state or to an agreed upon alternate use. A detailed plan will be required for
decommissioning and reclaiming the site to a condition suitable to DNR once the undertaking has been
completed.
For applications related to agriculture and wind-energy use, further guidance on specific information
requirements is available in Appendix B.
The following describes the information that must be included in the Development Plan:
4.1 Information about the Applicant
1. Include the Applicant Name and describe any changes to Applicant information provided in the
Application for the Use of Crown Land form.
2. Provide a personal or corporate history indicating past experience and how this is relevant to the
proposed undertaking.
3. Provide the names of individuals who will manage the operations on a day to day basis and who are
expected to be familiar with the lease obligations.
8 Guidelines for the Preparation of Crown Land Lease Applications
4. Provide two (2) personal or professional references including the reference contact names, along
with his/her phone number, fax number and email address. The information provided should
identify why the references are relevant to the proposed undertaking.
4.2 Description and Schedule
1. Indicate current land use(s) on and adjacent to the requested Crown areas.
2. Describe the proposed activity and schedule to be conducted under a lease agreement, including
but not limited to:
a. Areas (hectares or acres) to be developed annually,
b. Products and production expected annually,
c. Equipment and human resources required for various undertakings,
d. Financial investments required for each major phase of development.
3. Methods to be employed including forest management silviculture practices.
4. Total estimated staffing requirements including position descriptions and skills required.
5. Sources of financing for the project.
6. Provide a statement indicating knowledge of and compliance with applicable federal, provincial and
municipal rules and by-laws. For example the Forests Act and Wildlife Habitat and Watercourses
Protection Regulations made under Section 40 of the Forests Act.
7. Provide proof of insurability for required liability insurance as specified in the Liability and Insurance
paragraph of the Lease Agreement.
4.3 Marketing Plans
1. Describe the marketing plan for all products produced.
4.4 Site Access and Preparation
1. An illustration is required showing the entire Crown land application area and required
infrastructure. Refer to the pertinent illustrations in the Application for the Use of Crown Land
form; if necessary add updated illustrations to this section of the Development Plan.
2. Provide proof of permission from adjacent or other landowners regarding any required access over
private land or from the owner of the up-land adjacent to the shore if the application is for activity
on submerged Crown land.
3. Describe existing infrastructure and services available to be utilized (for example, water supply,
sewage treatment facilities, roads, electrical power access) and any new trails, roads, or services
required to be constructed.
9 Guidelines for the Preparation of Crown Land Lease Applications
4.5 Environmental Considerations
1. Provide a description of applicable environmental legislation and policies that may apply to the
proposed activities.
2. Describe predicted environmental impacts including mitigation methods to be applied to minimize
impacts on land, air, water, wildlife and plants.
3. Provide a management plan for any process wastes or by-products produced.
4. Provide a materials management plan and a response strategy or contingency plans for
environmental emergencies (on-site and during transportation activities), such as the accidental
spillage of fuels, herbicides, pesticides, etc.
5. Describe site traffic flow with expected volumes and types of vehicles;
6. Describe fire prevention and control measures (including acknowledgement of the requirement to
notify DNR prior to on-site burning activity).
4.6 Site Reclamation
1. Provide a plan for decommissioning and reclaiming the site to a condition suitable to DNR following
termination of the lease. The plan must detail how the leased area will be re-integrated into the
surrounding landscape, including:
a. A schedule of the activities.
b. A high-level cost estimate of the major components of the reclamation plan (for example,
removal of infrastructure and buildings and re-vegetation).
4.7 Illustrations
1. Include as many illustrations as are necessary to support the Development Plan. Examples of what
should be shown on a site illustration include the following:
a. Indicate the current uses of all areas shown on the plan.
b. Schedule and location of development and production areas.
c. Proposed structures, including processing equipment.
d. Water supply wells and pipelines.
e. Sewage treatment services.
f. Roads (new and existing).
g. Electrical power infrastructure.
2. Site illustrations must be at an appropriate scale for clarity and include a north arrow and legend.
Note: Additional illustrations are not required when there has been no change in the site map
submitted with the initial Application for the Use of Crown Land form.
10 Guidelines for the Preparation of Crown Land Lease Applications
5 OTHER REQUIREMENTS
5.1 Fees
1. Applicable fees and rents are detailed in the DNR “Fees for Activities on Crown Land” document,
which is posted on the DNR website. Rental rates may be revised at specified times as indicated in
the lease agreement.
5.2 Land Survey Requirement
2. In most cases a survey of the prescribed boundaries of a lease is required. If a pre-existing land
parcel description is available, a new survey may not be required. The Applicant will be advised if a
survey is not required.
3. If a survey is required, the lease will not be issued until a copy of the survey plan has been received
by DNR.
4. Surveys must be prepared by a Nova Scotia Land Surveyor who is a member of the Association of
Nova Scotia Land Surveyors.
5. The cost of any required survey is the responsibility of the Applicant.
5.3 Land Appraisal
1. A market valuation is normally required to determine the rental rate for the lease. In most cases,
the market value of the Crown land involved in the lease will be determined through an appraisal
conducted by an Accredited Appraiser Canadian Institute (AACI) appraiser. The Applicant will be
advised if an appraisal is not required.
2. The appraisal must be conducted with the duty of care of the appraiser to DNR as land owner. A
copy of the appraisal must be submitted to the DNR prior to the issuance of a lease agreement.
3. The cost of any required appraisal is the responsibility of the Applicant.
5.4 Financial Security and/or Performance Bond
1. A financial security and/or performance bond may be required from the Applicant where it is
deemed necessary to protect the public from liabilities associated with the undertaking, for
example, the anticipated site reclamation costs at termination of the lease agreement.
2. The required financial security(s) will be established by DNR and incorporated into the lease.
11 Guidelines for the Preparation of Crown Land Lease Applications
6 AFTER A LEASE IS AWARDED
6.1 Merchantable Wood (Stumpage Rates)
1. Merchantable wood remains the property of the Province and no wood may be removed or used
without the prior written approval of DNR. If permission is granted for removal or use of wood
products, all merchantable wood must be saved by the lessee and paid for at the DNR stumpage
rates in effect at the time of cutting (see Removal of Trees in sample Crown land lease agreement).
2. For details on the current stumpage rates and how to submit fees, contact the DNR Regional
Services Branch (see Section 8 – Enquires for Field Office contact information).
6.2 Monitoring for Lease Compliance
1. DNR will monitor the activities of lessees through periodic performance or compliance audits and
site checks throughout the duration of the lease. The lessee is obliged to cooperate and be available
during audits and site checks, if requested by DNR to attend.
2. A lessee must submit an Annual Activity Report to DNR no later than 60 days after the day and
month of the anniversary date of the lease. This report will serve as a compliance monitoring tool
during the term of the lease.
3. The Annual Activity Report form can be downloaded from the DNR Website. Paper copies are also
available at Natural Resources Offices (see Section 8 – Enquires for contact information).
6.3 Termination of a Lease
1. A lease may be terminated by DNR at any time during the term of the lease if:
a. rent or other payments have not been made on the date due;
b. the leased property is used for any purpose other than that for which it is leased;
c. the lessee fails to submit an Annual Activity Report on time; or
d. the lessee has failed to remedy any non-compliance with the lease (including the Approved
Development Plan) after being given notice of non-compliance as stipulated in the lease
agreement.
2. Prior to terminating a lease, DNR will give notice in writing to the lessee as per terms set out in the
lease document.
3. A lessee may make a request to terminate the lease subject to DNR approval.
6.4 Renewing a Crown Land Lease
To initiate a renewal of an existing lease an Application for the Use of Crown Land form must be
submitted to DNR at least six (6) months prior to the expiration of the lease together with a revised
Development Plan.
The following checklist describes the information that must be included in the revised Development
Plan:
1. Proposed site activities (if changed) for the next lease term or a statement that the site activities
remain the same – as per Section 4.2.
12 Guidelines for the Preparation of Crown Land Lease Applications
2. Production schedule (if applicable) for the next lease term - as per Section 4.2.
3. Environmental considerations (if changed) – as per Section 4.5.
4. Site reclamation (if changed) – as per Section 4.6.
5. Revised illustrations (if required) which show the proposed activities, including any construction
planned for the additional lease term - as per Section 4.7.
6.5 Transfer of a Lease
1. Assignment or transfer of a lease to another party requires the prior written consent of the Minister
or delegate.
2. The executed lease agreement will set out the requirements and conditions under which a lease
may be transferred or assigned.
7 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
Prior to the approval and placement of a lease agreement, all applications will be considered the
property of the Applicant and will only be made available for examination by those persons directly
involved in the review and evaluation of the proposal.
Once the Application is approved and a lease is in place, proposals submitted to the Province become
the property of the Province and are subject to the Nova Scotia Freedom of Information and Protection
of Privacy Act (FOIPOP). By entering into a contract with the Province the Applicant agrees to public
disclosure of the contents of their proposal. Any information in the proposal the Applicant considers to
be proprietary should be marked as “confidential”, and will be subject to appropriate consideration as
defined within the Nova Scotia Freedom of Information and Protection of Privacy Act.
Should the Province decide at any point to discontinue consideration of a proposal it will, at request of
the Applicant, return or destroy all copies of the proposal in its possession. The Province will, however,
retain copies of its evaluation reviews and assessments to be able to respond to future general public
enquiries or information requests. Evaluation review and assessment materials made available for public
review through the Freedom of Information and Protection of Privacy Act will not include any materials
deemed to be proprietary in nature.
All site test data obtained by the Applicant and submitted to DNR under the terms of a Letter of
Authority will be kept confidential for a period of two (2) years after which it will be made available to
the public. If, however, an Applicant subsequently has been granted a Crown land lease for the area
where test data was collected, the data will be kept confidential for a period of two years from the date
of expiration, cancellation, or termination of the Crown land lease.
13 Guidelines for the Preparation of Crown Land Lease Applications
8 ENQUIRIES
Enquiries related to the interpretation and application of this document may be directed to:
Director, Land Administration
Land Services Branch
Department of Natural Resources
PO Box 698
Halifax, Nova Scotia B3J 2T9
Phone: 902.424.4006
Locations of DNR Field Offices and contact information can be found in the department directory
located on the DNR website.
14 Guidelines for the Preparation of Crown Land Lease Applications
APPENDIX A – DEFINITIONS
Applicant: A person, company or organization who applies for a Crown land lease through a public
tendering process or through the application process.
Comfort Letter: A document that Applicants may request from the Land Services Branch confirming
that the department has received a complete application and is currently reviewing the request to enter
into a lease.
Crown land: Means all or any part of land under the administration and control of the Minister of
Natural Resources as defined in the Crown Lands Act and the Beaches Act, including freshwater
submerged areas.
Director of Land Administration Division: The person responsible for overseeing the administration of
Crown land lease requests.
Director of Surveys: The person appointed pursuant to the Crown Lands Act as responsible for
overseeing the surveying and management of the boundaries of Crown land.
DNR: The Department of Natural Resources.
Executive Council: The Provincial cabinet exercises the formal executive powers of the Crown. Its
formal actions are those of the Governor-in-Council (GIC) and its recorded decisions are Orders-in-
Council (OICs).
Integrated Resource Management or IRM: A process to provide specialized program knowledge to the
department’s land use planning and decision-making processes. IRM coordinates resource use so that
long term sustainable benefits are optimized and conflicts among users are minimized. IRM includes
planning for minerals, forests, recreation, wilderness, energy, wildlife, parks, biodiversity and Crown
land administration.
Land Administration Division: A division of the Land Services Branch of the Department of Natural
Resources that is responsible for the acquisition, leasing and disposal of non-forestry related interests in
Crown lands.
Lessee: The holder of a lease.
Letter of Authority: An interim authority that allows applicants for a lease to perform certain activities
on Crown land and can include activities such as testing whether a project is feasible.
Minister: The Minister of Natural Resources or his or her authorized designate with respect to the
administration of any portion of this policy.
Province: The Province of Nova Scotia.
Regional Services Branch: A branch of the Department of Natural Resources that is responsible for the
day to day management of Crown land and delivers department programs and services through an
extensive network of field offices. These programs and services include land administration, forest
15 Guidelines for the Preparation of Crown Land Lease Applications
management, surveys, extension and education, enforcement and hunter safety, wildfire prevention,
monitoring of forest insects and diseases, operation and maintenance of Provincial Parks, and resource
conservation.
Submerged Crown land: The Province of Nova Scotia considers submerged land extending from the
coastline of the Province to the edge of the continental shelf or to the border of another jurisdiction to
be provincial Crown land, unless it has been sold by way of provincial or federal grant or it is considered
to be a federal public harbour. Under the Crown Lands Act, the Minister of Natural Resources is
responsible for Crown lands, including submerged Crown land. The landward boundary of coastal land
owned by the Province begins at the ordinary high water mark on the shore – generally where plants
and vegetation begin to be visible and the beach is not impacted by the water.
16 Guidelines for the Preparation of Crown Land Lease Applications
APPENDIX B – GUIDANCE FOR AGRICULTURE AND WIND-ENERGY APPLICANTS
The following checklist outlines further guidance for those applying to use Crown land for agricultural
purposes and wind-energy development.
Agriculture Use Applicants
Creating a Development Plan - Project Description
1. When describing production method processes, Applicants must include intended plans for
cultivation and harvesting the resources, such as methods of clearing, burning, harvesting,
tapping trees, etc.
Wind-Energy Conversion Use Applicants
Creating a Development Plan - Project Description and Environmental Considerations
1. When describing production method processes, Applicants must specify the types of towers
to be installed and how many megawatts of energy they will produce.
2. Applicants must adhere to municipal by-laws for specific setbacks and management of
sound requirements.
3. Wind-energy development will not be considered within 10 rotor diameters of any existing
wind turbines owned by third parties. The rotor diameter used to calculate this distance will
be the larger of the diameter(s) of the existing turbine(s) and any turbines proposed for the
requested lease.
4. Applicants must show how their projects will connect to the power grid.
5. When summarizing the physical and biological components in the area likely to be affected
by the project, include expected effects on migratory birds and bats.
Power Purchase Agreement and Generator Interconnection Agreement
1. Applicants applying for a Power Purchase Agreement (PPA) and Generator Interconnection
Agreement through Nova Scotia Power Inc. (NSPI) may request a Comfort Letter from DNR
confirming that their application is currently under review. A Comfort Letter can also be
requested for security of tenure during a period when wind testing activities are being
conducted under a Letter of Authority.
2. Prior to the approval of a lease, Applicants must provide proof that a PPA has been executed
and a Generator Interconnection Agreement established with NSPI.
MUNICIPALITY OF THE
DISTRICT OF CHESTER
MEMO
DATE: April 17, 2014
TO: Committee of the Whole
FROM: Erin Beaudin
DEPARTMENT: Office of the CAO and Municipal Clerk
SUBJECT: CAO Report
______________________________________________________________________________________________________________________
1. Maintain a high level of fiscal responsibility;
· The 2014/15 preliminary Capital Budgets have been circulated and discussed with the Audit and
Budget Committee;
· The 2014-15 preliminary Operating Budget has almost been finalized by staff and will be presented
at the next Audit and Budget meeting;
· Draft policies for the Operating Reserve Fund and Operating Fund Accumulated Surplus and Wind
Energy Revenue Investment have been prepared and discussed at the Audit and Budget Committee;
· The Landfill Closure Reserve Analysis has been prepared and a long term capital investment
schedule has been developed. This will be presented to Council as part of the budget process;
· An update and options report for LED streetlights was prepared and discussed as part of the budget
process. A decision was made to stay with Nova Scotia Power for the streetlight conversion;
· A financial update on the Gold River Western Shore School renovations was prepared and provided
to the Audit and Budget Committee. The project will now progress to the engineering phase and
staff will seek external funding and grant programs to offset unanticipated project costs;
· The RFP for the sale of the Annex Building is being finalized and will be presented to Council in
April for discussion and approval;
· Staff continue to work on refining options for the universal sewer rate based on direction from
Council. First reading on the proposed changes is scheduled for April 24th and second reading is
scheduled for May 15th;
· Staff have been working with the Province to finalize our Financial Condition Index (FCI). This will
be released in the next few days and will be presented to Council in April.
2. Continually improve public satisfaction with municipal services;
· Staff continue to prepare for our ISO certification this spring. We are in the process of scheduling
our external audit;
· In discussion with several members of the Otter Point Homeowner’s Association, it was decided
that staff would make a presentation on their sewer system to their membership to encourage open
dialogue and information sharing. This presentation is scheduled for April 17th;
3. Ensure sufficient infrastructure is available to best serve our residents and businesses;
· The wind tower has passed all its preliminary testing. We have recently had meetings with Enercon
and Minas Basin and established protocols for monitoring power production. We are working on
some minor details with Nova Scotia power for notification of power interruptions;
· Our blue bags are now being processed at Miller Waste under contract with HRM. This transition
has been made seamlessly;
· We are continuing with our curbside enforcement for blue bag material and clear bag material.
Even though we have taken a more aggressive stance with rejections, our complaints are minimal
and our enforcement actions are getting the intended results;
· We have had our project kick off meeting with Minas Basin for the Municipal Energy Strategy.
Samples of organic material from all potential project partners for the Anaerobic Digester project
have been collected and are in the process of being analyzed;
· Warden Webber and Councillor Veinotte attended the student final report presentation at
Dalhousie for our vermicomposting project. We are in the process of determining how to transition
the project to the Municipality for further testing and review;
· Tammy Harnish continues to work with the schools in our area. She has recently done work with
ACES and commented that it was one of the best recycling programs with the best results she has
seen to date;
· On April 23rd we will be starting our bird monitoring program for the wind tower. We are required
to do 40 inspections over the next six months;
· The tender for our Cell 3A project has been awarded and construction will start shortly;
· We submitted our application to renew the Western Shore Sewer System’s Approval to Operate on
April 3, 2014;
· The CAO has met with the Clerk for the Village Commission to discuss options surrounding the
renewal of the Fire Contract for the Outside Areas. Once finalized, these options will be presented to
Council and the Village Commission for consideration;
· The First Impressions grant final report has been submitted and approved by province. Expect to
see new signs, benches, bike racks, picnic tables, and a few bike repair stations this spring/summer!
4. Strengthen and support environmental, cultural, and social resources;
· Staff applied for funding through the Lunenburg County United Way and recently received notice
that we were approved for $10,000. There will be an official cheque presentation at an event on
May 21st in Bridgewater;
· The PRO Kids Coordinator is the local contact for the United Way “Bikes For Kids” program.
Donated bikes are collected, refurbished and then distributed to families who do not have the
financial means to purchase one. Registration begins May 12th and bikes can be picked up on June
5th. Last year 15 bikes went to Municipality of Chester families;
· As part of Volunteer Week, celebrations we hosted our annual volunteer ceremony on April 9, 2014
at the Forties Community Centre in New Ross. Approximately 140 people were in attendance to
congratulate the 10 volunteers that were nominated;
· Two university students have been hired to manage summer recreation programs and events.
Clarissa Fralic will be the Summer Supervisor and Becky Levy will be the Special Events
Coordinator. Both students start on May 5th and will be with us for 16 weeks. The application
deadline for the high school positions with the Recreation and Parks Department is Friday, April
25th. We were successful in receiving funding through the Canada Summer Jobs program to support
a portion of the Summer Supervisor wages;
· The Department of Transportation & Infrastructure Renewal is undertaking a pilot project to study
the use of Segways on streets and sidewalks in Nova Scotia. The evaluation will determine if
amendments are needed to the Motor Vehicle Act to permanently allow Segway use in the province.
An application has been approved for a participant to be part of the pilot and operate in the Village
of Chester. More info is available on the TIR website;
· The Spring 2014 Edition of Explore Life was distributed on April 9th. We have a strong basketball
program continuing into the Spring, fitness classes, several boating courses, a couple of hikes and
some special interest workshops;
· We are partnering with HRM and MODL to organize the “Flagstops on Father’s Day Ride” on June
15th. People will be encouraged to bike on the trail from Halifax or Lunenburg or bike the
Aspotogan loop and then all groups will converge in Hubbards;
· We have approached the Chester District School Garden Club to establish their involvement in the
Community Garden project.
5. Continually reinforce the positive image of the Municipality through leadership in public
engagement and communication
· We have developed a municipal kit folder for promotional and communications activities;
· The website continues to be updated with regular items as well as items contributed by staff (dog
kennels article, tax sale information, Spring Rec brochure, employment, etc.);
· The Communications Officer continue to tweet often…we now have 428 followers and numerous
retweets;
· The Communications Officer continues to post on Facebook regularly. We now have 230 likes;;
· We have started to work on our next newsletter. The Communications Officer has contacted FHCS
to offer them a section, which they accepted;
· The Communications Officer Did CTV Morning Live twice;
· The Communications Officer has summarized eleven By-Laws for public consumption to date;
6. Promote conditions conducive to fostering economic prosperity.
· We have submitted our COMFIT application for an anaerobic digester facility at Kaizer Meadow;
· The Senior Economic Development Officer continues to meet with individual businesses and
community organizations. The EDO is also in the process of developing a full Business Retention
and Expansion program for the Municipality;
· We met with the Heritage Society and our Senior EDO is currently in the process of meeting with
businesses and stakeholders in downtown Chester to determine interest in moving forward with
the Community Water Supply initiative. A report with the results of these meetings will come to
Council in May 2014;
· We have received the final draft audited statements for the former LQRDA and have scheduled a
final Board meeting to formally dissolve the Agency.
7. Ongoing operational updates
· At a recent meeting of REMO, direction was provided to the CAO’s to work together on
operationalizing the contingency plans we have for business continuity. The CAO’s will be
developing a plan to ensure that adequate cross training and mutual support will be available;
· Interviews for the Public Works Supervisor position have taken place. We were unable to find a
suitable candidate and will be re-advertising the position;
DRAFT – Committee of the Whole - April 17, 2014
Municipality of the District of Chester
Records
Management Policy
Policy P-78
Records Management Policy P-78 (continued)
Recommendation to Adopt – Committee of the Whole
First Notice –Council –
Second Notice –
Effective Date – Page 2
MUNICIPALITY OF THE DISTRICT OF CHESTER
RECORDS MANAGEMENT POLICY
POLICY P-78
1. This Policy may be cited as the Records Management Policy.
2. In this policy:
a. Council means the Council of the Municipality;
b. Designated Officer means the person designated and authorized by the
Chief Administrative Officer (CAO) of the Municipality;
c. Manual means the AMANS Records Management Manual as amended from
time to time;
d. Record includes books, documents, maps, drawings, photographs, letters,
vouchers, papers and any other thing on which information is recorded or
stored by graphic, electronic, mechanical or other means, but does not
include a computer program or any other mechanism that produces records;
e. Records Management System means the electronic system used by the
Municipality to manage the records of the Municipality from record creation
through to records disposal.
f. Records Schedule is a descriptive listing of records indicating the:
· Primary / secondary titles and classification number;
· Length of time each record shall be retained from date of creation or
capture through active and semi-active use;
· Method of disposition; ie. secure destruction or permanent archival
retention.
Records Management Policy P-78 (continued)
Recommendation to Adopt – Committee of the Whole
First Notice –Council –
Second Notice –
Effective Date – Page 3
Records Management System Established
3. The Records Management System currently used by the Municipality is authorized.
Compliance with the Records Management System
4. All records in the custody and control of the employees of the Municipality are the
property of the Municipality. All records of the Municipality must comply with the
Records Management System and this policy. All employees and management of the
Municipality must comply with this policy.
Designated Officer
5. The Designated Officer is responsible for the management and maintenance of the
Records Management System.
Adoption of the Manual
6. The Designated Officer is authorized to adopt and maintain the Manual as part of the
Records Management System. Records of the Municipality must be created,
accessed, maintained and disposed of only as provided by the Manual. The Manual
includes a Records Retention Schedule that prescribes the period of time that
records are kept to meet the operational, legal, regulatory, financial or other
requirements of the Municipality. The Records Retention Schedule also provides
instructions as to the manner and time of the disposition of a record.
Records Management Policy P-78 (continued)
Recommendation to Adopt – Committee of the Whole
First Notice –Council –
Second Notice –
Effective Date – Page 4
Integrity and Authenticity Maintained
7. The Records Management System must maintain the integrity and authenticity of
records made or kept in the usual and ordinary course of business.
Authorization to Amend Manual
8. The Designated Officer is authorized to amend the Manual, consulting the AMANS
Records Management Committee where such amendments impact or change the
records schedule.
Disposal by Designated Officer
9. When the Designated Officer determines that the retention period for a given record
described in the Records Retention Schedule has ended, the Designated Officer may
allow the record to be destroyed or otherwise disposed of in accordance with the
instructions outlined in the Records Retention Schedule and in consultation with
stakeholders within the organization as detailed below:
a. Destruction actions must always be formally authorized, allowing for staff to
intercede if specific issues such as a government investigation, audit,
freedom of information access request, litigation or legal claim require that
destruction must be halted.
b. Records pertaining to any actual or pending government investigation, audit,
freedom of information access request, litigation or legal claim should not be
destroyed. There should be processes to impose a "legal hold" when specific
requirements arise;
c. Records destruction should be undertaken in a manner that preserves the
confidentiality of records, including the privacy of information about
individuals;
Records Management Policy P-78 (continued)
Recommendation to Adopt – Committee of the Whole
First Notice –Council –
Second Notice –
Effective Date – Page 5
d. All copies of records that are authorized for destruction, including security,
preservation and backup copies, should be destroyed as soon as reasonably
possible;
e. Records should be maintained to document the destruction actions.
Certificates of destruction are generally provided by service agencies, and
these are retained permanently, along with information about the records
series title, date range and date of destruction; and
f. Records that are required by any enactment to be kept, and all minutes, by-
laws, policies and resolutions of Council shall not be destroyed.