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New Brunswick Crown Land Utility Lease (3-NB-f)

Information current as of 2018
In New Brunswick, a person (developer) may need a Crown Land Utility Lease (Utility Lease) from the New Brunswick Department of Energy and Resource Development (ERD) if the project requires the use of Crown Land for establishing and/or maintaining an energy utility site. S.N.B. 1980, c. C-38.1, s. 23(1); 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. A Utility Lease is a legal agreement, which authorizes the use of Crown Lands for the purpose of establishing and maintaining an energy utility site for a term of ten years. An energy utility site includes any energy generation facilities and/or services including power substations, switching yards, mainline valve sites and transformer pads. New Brunswick Department of Energy and Resource Development – Crown Land Leases Application Package.


Crown Land Utility Lease Process

3-NB-f.1 – Contact Local Government

A developer should contact ERD for more information on the application process for projects requiring a Utility Lease.

3-NB-f.2 – Crown Land Utility Lease Application Package

A developer must submit a complete Utility Lease Application Package (Application) to ERD. New Brunswick Department of Energy and Resource Development – Crown Land Leases Application Package. The Application can be accessed on the ERD Crown Lands Leases Webpage. New Brunswick Department of Energy and Resource Development – Crown Land Leases Webpage.

A complete Application includes:

  • The contact information of the developer;
  • A detailed description of the planned activities and/or anticipated construction;
  • A detailed description of the equipment and materials that will be used for the planned activities and/or anticipated construction;
  • A detailed description of all potential effects of the planned activities and anticipated construction on adjacent landowners, the environment or local area;
  • Information as to whether petroleum products or other hazardous materials will be stored on site;
  • The location of the subject Crown Land where the Utility Lease is sought (Site) including:
    • a description of the current use and condition of the Site;
    • a description of other known uses and activities on land adjacent to the Site; and,
    • information as to whether there is public or private access to the Site;
  • A map and/or aerial photo of the Site;
  • A copy of Certificate of Incorporation (if applicable);
  • A Site Development Plan;
  • A Business Plan (if applicable);
  • A non-refundable Application fee of $345.00.

New Brunswick Department of Energy and Resource Development – Crown Land Leases Application Package.

3-NB-f.3 to 3-NB-f.4 – Review Application for Completeness

The ERD reviews the Application materials for administrative and technical completeness.

3-NB-f.5 to 3-NB-f.7 – Review Application for Approval

The ERD reviews the Application in consultation with other agencies, which takes an estimated six (6) to twelve (12) weeks. After an Application is evaluated and approved, the developer must submit a survey plan/subdivision plan to the ERD, completed by a licensed New Brunswick Land Surveyor, which has been submitted, approved and recorded by the New Brunswick Department of Energy and Resource Development. In addition, after approving the Application, the ERD may request that the developer:

  • Obtain liability insurance in the amount of $2,000,000;
  • Obtain Environmental insurance;
  • Advertise the proposal in the local newspapers or satisfy other public consultation requirements; and/or,
  • Provide the ERD with a copy of an Environmental Impact Assessment determination letter from the Department of Environment and Local Government.

After all requested information has been received and/or reviewed, the ERD will issue a Utility Lease. Upon issuance of the Utility Lease, ERD will request the following:

  • A non-refundable preparation fee of $230.00;
  • Annual rent for the lease of the Site; and,
  • Annual property taxes for the Site.

New Brunswick Department of Energy and Resource Development – Crown Land Leases Application Package.


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