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New Brunswick Crown Land Right-of-Way Overview (3-NB-b)

Information current as of 2022
In New Brunswick, a person (developer) may need an Easement, License of Occupation and/or Utility Lease from the New Brunswick Department of Energy and Resource Development (ERD) for any project involving the extended use or development of Crown Land. Crown Land means all or any parts of land not privately owned, including land covered by water, under the administration and control of ERD. S.N.B. 1980, c. C-38.1, s. 1. ERD is responsible for the “development, utilization, protection and integrated management of the resources of Crown Lands” and has the authority to enter into formal agreements allowing for alienation and acquisition of Crown Lands. S.N.B. 1980, c. C-38.1, s. 2(2), 3(1), 23, 25 and 26.


ERD administers and controls Crown Land pursuant to the S.N.B. 1980, c. C-38.1, s. 2 and Lands Administration Regulation – New Brunswick Crown Lands and Forests Act, N.B. Reg. 2009-62.



Crown Land Right-of-Way Overview Process


3-NB-b.1 – Contact Local Government

A developer should contact ERD for more information on Crown Land, the application process for Easements, Licenses of Occupation, Utility Leases and any other additional permits or applications that may be required.

3-NB-b.2 to 3-NB-b.3 – Will the Project Require the Use of Crown Land or Access Over Crown Land?

A developer may need a Crown Land Easement (Easement) if the project requires the use of Crown Land or access to Crown Land. New Brunswick Department of Energy and Resource Development – Crown Land Easements Webpage; New Brunswick Department of Energy and Resource Development – Crown Land Easement and Right-of-Way Fact Sheet; New Brunswick Department of Energy and Resource Development – Crown Land Easement Application Package. If a developer needs an Easement, see:

Crown Land Easement:
3- NB-d

3-NB-b.4 to 3-NB-b.5 – Will the Project Require Constructing a Utility Pole or Anchor on Crown Land?

A developer may need a Crown Land License of Occupation (LOO) if the project requires the temporary occupation and/or use of Crown Land for the construction and installation of a utility pole or anchor. New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Webpage; New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Fact Sheet; New Brunswick Department of Energy and Resource Development – Crown Land License of Occupation Application Package. If a developer needs a LOO, see:

Crown Land License of Occupation:
3-NB-e

3-NB-b.6 to 3-NB-b.8 – Will the Project Require the Establishment and Maintenance of an Energy Utility Site on Crown Land?

A developer may need a Crown Land Utility Lease (Utility Lease) if the project requires the use of Crown Land for establishing and maintaining an energy utility site including energy generation services and facilities, such as power substations, switching yards, mainline valve sites and transformer pads. New Brunswick Department of Energy and Resource Development – Crown Land Leases Webpage; New Brunswick Department of Energy and Resource Development – Crown Land Leases Fact Sheet; New Brunswick Department of Energy and Resource Development – Crown Land Leases Application Package. If a developer needs a Utility Lease, see:

Crown Land Utility Lease:
3-NB-f


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Contact Information






Edit New Brunswick Department of Energy and Resource Development
Regulatory Affairs Program Officer (506) 453-5994 Visit Website

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