Jasper wildfire: Parks Canada’s lease system, building rules could delay townsite rebuild

Jasper residents who lost their homes face unique challenges tied to leasing provisions nearly as old as Canada, as well as modern rules dictating what they can and can’t build.

Residents of Jasper who lost their homes in last month’s wildfire face unique rebuilding challenges tied to leasing provisions nearly as old as Canada, as well as modern rules dictating what they can and can’t construct.

Lawyer Jessica Reed said property owners in the townsite in Jasper National Park, unlike in other municipalities, don’t own the land they sit on.

“The actual owner of the land, even if you looked at the land title, is the King himself,” said Reed, a partner with a firm that has offices in four Rocky Mountain municipalities, including Jasper.

This means that each property owner in Jasper, like those in other communities located within a national park, is a leaseholder with the Crown. They also don’t technically own their homes, Reed said, as the buildings are part of the lease.

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.

Reed said this has already caused headaches for Jasper homeowners, as banks sometimes refuse to issue mortgages if the existing lease on a property is shorter than the prospective mortgage term.

That problem could become much bigger, given 358 homes and businesses in the town of 5,000 people were recently levelled by fire, she said.

She’s concerned the leases may impede rebuilding efforts and potentially cause financial harm.