Manitoba Regulation 152/2017, which governs Agricultural Crown Lands Leases and Permits, has undergone changes to clarify eligibility criteria, lease renewal processes, and associated rights. These changes introduce new definitions and modify existing clauses, thereby enhancing the regulatory framework for agricultural activities on Crown lands in Manitoba.

The amendments expand the definition of “eligible holder,” “forage capacity,” and “nomination certificate,” allowing non-profit organizations that represent Indigenous interests, particularly groups of Métis descent and holders of Aboriginal rights, to qualify for agricultural leases. The previous definition of “uncultivated lands” has been repealed, potentially broadening the scope of available lease lands.

Under the new regulations, Subsection 6.1 enables the renewal of forage leases issued before October 1, 2019, under specific conditions, with renewed leases adhering to the director’s terms. Additionally, Section 6.2 permits extensions of forage leases issued after October 1, 2019, for up to five years, provided holders submit a forage management plan developed by a registered agrologist, demonstrating compliance with sustainable practices.

Section 8 outlines the conditions for transferring leases or permits, ensuring compliance with regulations. Transfers for leases issued before October 1, 2019, are restricted to family members or entities closely related to the transferor. Furthermore, a new section (8.1) introduces nomination certificates, allowing holders of specific leases to nominate eligible successors, with a tightly regulated process to ensure compliance with original lease terms.

In terms of improvements and compensation, Section 19 has been revised to clarify the rights of former leaseholders regarding improvements made on the land. Former holders can remove these improvements within 30 days of expiration or cancellation, and they may receive compensation from new holders under certain conditions.

The schedule of fees has also been updated, incorporating a temporary reduction in annual fees for leases and permits for the years 2023–2025, aimed at easing financial pressures on holders. New applications for leases or permits resulting from nominations will incur specified fees, highlighting the financial aspects of compliance.

Special provisions (sections 27.5 and 27.6) have been included for leases and permits issued before January 1, 2024, ensuring that previously established forage capacities remain in place for rent calculations until renewals occur. The amendments will come into force on January 1, 2024, with some clauses effective immediately upon registration, allowing stakeholders to prepare for changes in lease management practices and compliance requirements.

Manitoba (152/2017) July 21, 2023