Agricultural Uses of Crown Land, Nova Scotia Department of Natural Resources
Highlights of Agricultural
Use of Crown Land Policy
Crown land may be identified as a candidate for agricultural use through
various sources such as Government (the Department of Natural Resources,
the Department of Agriculture, Municipal units, Regional
Development Authorities and their end users. Crown land may be made available
for agricultural purposes in accordance with the policies and procedures
The Department of Natural Resources, Acquisitions and Leases Section, will
assess the availability of the requested area of Crown land through:
- Crown Land Information Management Centre research to determine the land status (designations,
restrictions, encumbrances, etc)
- Integrated Resource Management (IRM) review to determine if the agricultural
use is recommended, and if so, the preferred method, i.e. letter of
authority/license, disposals, or lease (described below).
Letter of Authority/License: (Non-exclusive use)
- usually short term (single season), existing crop, little or no cultivation
or infrastructure investment required.
issued in accordance with Department of Natural Resources and government
policies and procedures.
Lease: (exclusive use)
|a) significant investment/long term effort required to realize agricultural
potential and the Department of Natural Resources does not require
b) issued by direct sale or tender in accordance with Department
of Natural Resources and government policies and procedures, and
the Crown Lands Act (ie. Executive Council approval). Generally disposals
will be by public tender unless an Integrated Resource Management
(IRM) review recommends that:
- a land exchange is of a benefit to the Crown (an exchange will only
be considered for lands the proponent currently owns - see Land
Exchange Policy) or;
- direct sale is justified due to extenuating circumstances,
including but not limited to the adjoining landowner or the previous
lessee having invested a substantial amount of money on the subject
- long term, cultivation/management/infrastructure/site development
required, and the Department of Natural Resources wants/needs to retain
a measure of control or interest in the land.
- issued in accordance with the procedures outlined below.
proponent shall provide the Manager, Acquisitions and Leases, with a written
application containing the following:
- Name and address of the proponent. If a company is involved, its proper
name, registered office, address and registered agent are to be identified.
An application from a company will not be processed unless it has an
up-to-date registration with the Registry of Joint Stock Companies and
is in good standing;
- A sketch showing the location of the land requested and the approximate
- Reasons why the proponent requires Crown land;
- A brief outline of the proponents qualifications, experience and background
including a description of all similar ventures;
- Any other relevant information.
Call for Proposals:
Except in extenuating circumstances, if the issuance of a lease is recommended,
the Manager, Acquisitions and Leases, will prepare a call for proposals, for
the Public Tenders Office, which call will advise that the issuance of
a lease is subject to Executive Council approval and, if applicable, an Environmental
Assessment. The proposals shall be required to contain the following information
which will be expanded upon in the call for proposals:
|1. Name and address of the proponent. If a company is involved,
its proper name, registered office, address and registered agent are
to be identified. A proposal from a company will not be processed
unless it has an up-to-date registration with the Registry of Joint
Stock Companies and is in good standing;
|2. Reasons why the proponent is interested in Crown land;
3. A detailed outline of the following:
- Background information including the proponents qualifications,
financial capability and experience including a description of
all similar ventures;
- Economic considerations including potential employment, expenditures
on the site and statement of markets;
- Development proposal including the area to be developed each
year until the entire area is utilized; with intended plans for
cultivation and harvesting the resources, including but not limited
to any methods of clearing, burning, harvesting etc., as well
as details of any infrastructure and the equipment available to
- Environmental considerations;
- Site rehabilitation (if applicable).
|4. Any other relevant information.
All proposals shall be evaluated by the Department of Natural Resources
and the Department of Agriculture. The Department of Natural
Resources reserves the right to reject any or all proposals.
When a proposal has been accepted, all proponents will be notified.
- Once a call for proposal has been awarded, a Letter of Offer detailing
the terms and conditions of the lease will be forwarded to the successful
proponent for signature and payment of the administration fee.
- The proponent, when requested by the Department of Natural Resources,
will be required to hire and pay an accredited appraiser holding the
A.A.C.I. designation to determine the appraised market value of the
unimproved land and submit same to the Manager, Acquisitions and Leases,
- A report will be sent to Executive Council for consideration and approval.
- Once approved, a survey will be conducted by a Nova Scotia Land Surveyor
at the proponents expense.
- A lease will then be prepared.
For further information, please contact the Manager, Acquisitions & Leases
Section, Department of Natural Resources, PO Box 698, Halifax, Nova Scotia,
B3J 2T9, phone: (902) 424-3142, or e-mail at: email@example.com
- Administration Fee: The charge for processing the file and preparing
the lease document will be $726.04 plus applicable taxes. The administration
fee is refundable only if Executive Council approval is not received.
- Survey Fees: A legal survey by a Nova Scotia Land Surveyor will be
necessary. The proponent will be required to pay the cost of any legal
- Term: The lease will be for a term of 10 years with an option to be
renewed for a further 10 years provided the Lessee has complied with
the conditions of the lease to the satisfaction of the Lessor.
- Rent: The annual rent for the first 10 year
term will be 3% of the appraised market value of the unimproved land
or 5% of the gross sales of agriculture production from the land,
which ever is greater. The Lessee shall be required to submit to
the Regional Resource Manager, Regional Services, a form of return,
as specified in the lease, and an unaudited financial statement (specific
to the leased site) at the end of the Lessee’s fiscal year
. The rent upon renewal will be at a rate to be determined by the
Minister of Natural Resources.
- Stumpage: No merchantable wood shall be removed
from the subject land without the prior written approval of the Regional
Resource Manager, Regional Services. All merchantable wood must be
salvaged by the Lessee and paid for at the stumpage rates in effect
at the time of cutting. The Director of Resource Management, may direct the “offer of sale” of forest
products to any other Crown Licensee.
- Performance: During the first 10 years of the lease the Lessee must,
during each year, improve and cultivate a portion of the premises, in
accordance with an approved development plan, until the entire area
is utilized. If the Lessee fails to meet this requirement, the Lessor
may terminate the lease.
- Form of Lease: The lease agreement will be in a form as approved by
the Department of Justice and shall be subject to terms and conditions
as may be required.
- Renewal: The administration fee for processing a renewal will be $726.04
plus applicable taxes. Before a lease is renewed, the Regional Resource
Manager, Regional Services, shall be requested to submit a complete
IRM report with recommendations on the renewal.
- Assignment: No assignment will be permitted without the prior written
consent of the Minister of Natural Resources. A fee of $362.91 plus
applicable taxes will accompany each request for an assignment.
- Waiver: The Minister of Natural Resources reserves the right to waive
any of the terms and conditions outlined above.