Residents of Jasper, Alta., who lost their homes in last month’s wildfire face unique rebuilding challenges tied to leasing provisions nearly as old as Canada, followed modern rules dictating what they can and can’t construct.
Lawyer Jessica Reed said property owners in the townsite in Jasper National Park own their buildings but, unlike other municipalities, don’t own the land they sit on.
The Canada National Parks Act also stipulates the leases are usually for 42-year terms, although some are shorter, and renewing involves renegotiating terms of the leases. "One owner wanted to take a buyout and then just sell the vacant lot. And Parks Canada said 'No, you cannot sell a vacant lot. You need to sell a new build,'" Reed said.
At the time, MacEachern said MacDonald wanted to make sure leases were given to the wealthy to ensure buildings in Banff, Alta., were as remarkable as the scenery. "Basically, they set up a system in the late 1800s and early 1900s that on the one hand helped create Banff and other places but in a way made nobody happy,” MacEachern said.
Once the lease problems are solved, Jasper homeowners need to follow two sets of rules for rebuilding.
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