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Manitoba Crown Land Right-of-Way (3-MB-b)

Information current as of 2018
In Manitoba, a developer may need an Easement and a Work Permit from the Lands Branch of the Department of Sustainable Development (Lands Branch) if the project is located upon, over, under, or in respect of any Crown lands. C.C.S.M., c. C340, s. 7(1)(e). "Crown lands" includes "land, whether within or without the province, vested in the Crown, and includes "provincial lands" wherever that expression is used in an Act of the Legislature." C.C.S.M., c. C340, s. 1. If approved, the Minister may require the developer to apply for and be issued a Work Permit that authorizes the developer to perform specified work upon Crown lands. C.C.S.M., c. C340, s. 7(1)(c), 7.1(1).


The Lands Branch regulates the use of Crown land in Manitoba pursuant the Crown Lands Act.


Crown Land Right-of-Way Process

3-MB-b.1 – Application for Crown Land Easement

The developer must submit an Application for Crown Land Easement (Application) to the Lands Branch with a sketch or map and the appropriate fee. The developer may also want to include a photo of the site or any other information that could be relevant to the Application or the land in question. Crown Land Application Review Process Info Sheet.

3-MB-b.2 to 3-MB-b.3 – Review Application for Completeness

The Lands Branch must review the Application for administrative and technical completeness. The Application must be neat and carefully prepared or else the Lands Branch may reject the Application. Crown Land Application Review Process Info Sheet.

3-MB-b.4 to 3-MB-b.5 – Circulate Application to Relevant Parties

The Lands Branch must circulate the Application to all relevant government departments, municipalities, planning districts, conservation districts, and communities. The Lands Branch estimates that this step will take between eight (8) and 12 weeks. The parties who receive the Application can send their responses to it back to the Lands Branch. Crown Land Application Review Process Info Sheet.

3-MB-b.6 – Review Application for Approval

The Lands Branch must review the Application for approval. During this time the Lands Branch will review all the responses received from the parties to which the Application was circulated and determine the fair market value of the land at the time of the Application. Crown Land Application Review Process Info Sheet.

3-MB-b.7 to 3-MB-b.8 – Provide Notice of Decision

The Lands Branch must send the developer a letter stating whether the Application was approved or denied. Crown Land Application Review Process Info Sheet.

3-MB-b.9 to 3-MB-b.11– Crown Land Easement

The developer may have to pay additional costs of the final administrative and legal document preparation work, and if so, the Lands Branch includes those details in the decision letter. Crown Land Application Review Process Info Sheet. The Lands Branch may condition, among other general conditions, the grant of the easement on the developer obtaining a work permit for the Crown lands in question. C.C.S.M., c. C340, s. 7(2), 7.1(1).

3-MB-b.12 – Application for Crown Land Work Permit (If Applicable)

The developer must submit a complete Application for Crown Land Work Permit (Application) to the Lands Branch. The developer may be required to obtain an Environmental Act License first, depending on the project. Work Permit Application Info Sheet. For more information, see:

Provincial Environmental Review:
9-MB-a


3-MB-b.13 to 3-MB-b.14 – Review Application for Approval

The Lands Branch must review the Application for approval. A routine Application may only take five (5) business days from receipt of the Application to issue a decision, but more complex Applications may require regional review of four (4) to six (6) weeks. Work Permit Application Info Sheet.

3-MB-b.15 – Crown Land Work Permit

The Crown Land Work Permit may have conditions attached. C.C.S.M., c. C340, s. 7.1(2). The developer may be required to maintain various pieces of functional fire suppression equipment at the site depending on the time of year and the type of project underway. For more detail on those requirements, see the Work Permit Application Info Sheet, p. 1.


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