The Cottage Lot Draw (“Draw”) is open to any
person who is 18 years or older as of the
Application Deadline
and who is classified as a Manitoba resident.
For the purposes of the Draw a person will be
classified as a Manitoba resident if he or she regularly, normally
or customarily lives at a residence within the Province of Manitoba.
The application must be accompanied with full
remittance of the required $100.00 payment. Payment options for
Draw applicants include cash, debit card, credit card (Visa and
MasterCard), personal cheque, certified cheque, bank draft or money
order. Cheques, bank drafts and money orders are to be made payable
to the Minister of Finance, Manitoba. Credit cards, cash and debit
cards are accepted only in person at 200 Saulteaux Crescent. Credit
card transactions are not permitted by phone, mail, facsimile or
over the internet.
Applicants must submit only one (1) completed
Official
Cottage Lot Draw Application Form
and must personally
deliver or mail the application and payment to:
Address:
Manitoba Cottage Lot Draw
Box 73, 200 Saulteaux
Crescent
Winnipeg,
Manitoba R3J 3W3
Note:
It is the responsibility of the applicant to ensure all information
is completed on the application form that is dropped off in person
at 200 Saulteaux Crescent. It is not the responsibility of the
cashiers to validate any applications.
Applications must be received no later than 4:30
p.m.
Application Deadline.
Applications received after the
Application Deadline
will not be accepted. Applications submitted by facsimile
transmission (fax) or electronic mail (e-mail) will not be
accepted. No other forms or modifications to the approved forms
will be accepted. Applications will not be accepted at any other
Government office.
When the lot selection meetings are
completed, the $100.00 payment will be refunded to all applicants
who do not select a lot. For applicants who select a lot, the
$100.00 will be applied toward the purchase or lease of your lot.
If you choose a lot, and do not follow through with the
purchase/lease, you will forfeit your $100.00 payment, and it will
not be refunded.
To withdraw
from the Draw process and receive a refund, a written request
signed by the applicant must be received on or before 4:30 p.m.
on the
Withdrawal Deadline.
If a request to withdraw is not received by the
Withdrawal Deadline,
the applicant will be entered into the Draw. Refunds will not be
made until after the lot selection meetings have been completed.
1.2
Rejections
Draw applications will be rejected and
will not be placed in the Draw
if:
-
they are on a form other than the Official Cottage Lot Draw
Application Form;
-
they are illegible or any areas of the application are not fully
completed;
-
any part of the Applicant Declaration section is not completed
or signed;
-
they do not meet published eligibility guidelines;
-
they do not contain the required $100.00 payment;
-
they are not the original signed application form (facsimile and
photocopies are not permitted);
-
they are late (the deadline is at 4:30 pm on the Application
Deadline). Applications post stamped before, but received after
the application Deadline, are deemed to be late;
-
they are delivered to any office other than Manitoba
Conservation’s head office located at 200 Saulteaux Crescent in
Winnipeg, Manitoba, R3J 3W3;
-
the payment cheque is returned by the bank as a result of
non-sufficient funds (NSF);
-
upon request of Manitoba the applicant failed to provide
supporting documentation for eligibility requirements; or
-
it has been determined that more than one application has been
submitted by the same person.
Following the Draw rejected applications will be
returned by mail with an explanation on why their application was
rejected. A refund will be processed and will follow in a separate
mailing after the Draw, unless your payment was returned with
non-sufficient funds.
All applications drawn and eligible for a cottage
lot selection will become the property of Manitoba and will not be
returned. Manitoba will not be responsible for any application
which is lost, misdirected, illegible, incomplete or delayed for any
reason.
1.3
Assignment of Application
No application for the Draw may be assigned or
transferred. In the case of the death of the applicant, the
applicant’s estate may continue the application process.
1.4
Application Lot Choices
Applicants may select up to five (5) choices of
areas as outlined in the current Draw process. Each applicant will
be assigned a choice position within that area, and will be able to
choose from the available lots at their time of selection within
that area. For a listing of available lots, please refer to the
document titled Cottage Lot Draw DATES AND AVAILABLE LOTS contained
in this package.
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Section 2
- Draw Process
2.1
Cottage Lot Draw
The Draw will
take place in Winnipeg, Manitoba on the
Cottage Lot Draw Date.
The Draw will establish the order
list to select a lot at the
Lot Selection Meeting Date(s) and Location(s).
The Draw will be supervised by Internal Audit, Manitoba
Finance, and will be conducted by an electronic randomized numbering
system. Applicants are no longer able to attend
the Draw.
Each applicant will be assigned a randomized
number within each area of their choice. The assigned number will
determine the order in which applicants will choose their lot at the
lot selection meeting(s). Every applicant will have the opportunity
to select from the available lots at their time of selection.
All applicants
will be notified by mail after the Draw as to their lot choice
position for each area and further details of their lot selection
meeting(s). If you have not received your results within a week of
the draw, please contact our office. Draw results will not
be posted on our website, and phone inquiries will not be accepted
prior to the mailing of results.
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Section 3
- Cottage Lot Selection Meeting(s)
3.1 For
All Applicants
Applicants should make a reasonable on-site
examination of lot(s) prior to attending the lot selection
meeting(s). Applicants will be allowed to only select ONE (1) lot
through the process. Once an applicant makes a selection, that
selection will be final and no changes will be accepted.
The lot selection meetings
will take place on the
Lot
Selection Meeting Date(s) and Location(s) noted in the
published Cottage Lot Draw DATES AND AVAILABLE LOTS document.
Lot selection meeting(s) require that the
applicant (or authorized representative) be present to select a
lot. The applicant (or authorized representative) must present
proof of identity and eligibility (valid photo or other
identification that identifies your Date of Birth, Manitoba Address,
and Signature) at the lot selection meeting(s). If a representative
will be attending on your behalf, see further information in Section
3.2.
3.2
Representative Selecting on Behalf of the Applicant
If a representative is making the lot selection
on behalf of the applicant, at the lot selection meeting(s) the
representative must:
-
present written authorization
from the applicant authorizing the representative to select a lot on
behalf of the applicant (please use the attached authorization form for
delegation of authority); and
-
provide a photocopy of the applicant’s valid identification (that identifies their Date of
Birth, Manitoba Address, and Signature)
3.3 Lot
Selection
The lot selection order will be determined at the
Draw. Prior to or at the lot
selection meeting(s), if the applicant’s desired lot is no longer
available when it is their turn to select a lot they may withdraw
from the selection process.
The lot selection meeting(s) will be conducted in
the following order: Eastern, Western, Northwestern, Interlake, and
then Lake Manitoba. The determination is based on order of
popularity in the areas in previous draws. If an applicant has
chosen more than one area on their application, they will be allowed
to attend multiple lot selection meeting(s), but will only be
allowed to select one (1) lot. Once an applicant makes a
selection, they will be removed from any future lot selection
meeting(s).
Meetings will begin at the designated time and if
applicants are not present when their lot choice number is called,
the meeting coordinator will announce the next name to choose a
lot. If applicants arrive late, please inform the meeting
coordinator and they will be slotted in at that point in the lot
selection process.
Where multiple days are required for a lot
selection meeting, every effort will be made to have the listing of
remaining available lots updated prior to each new day of lot
selection, to enable applicants to see if their desired lot is still
available.
Applicants who do not select a lot will
receive a refund of their $100.00 payment. Applicants who select
a lot, and then withdraw from lot selection process will forfeit
their $100.00 payment.
Once an applicant selects a lot their decision
is final and changes will not be accepted.
All participants in the Draw
who submit applications agree that the acceptance of any application
by Manitoba or the lot selection by a successful applicant
does not in any way constitute a binding Agreement for the sale of
any Crown Land or the leasing of any Park Land. A valid purchase
and sale of Crown Land or lease of Park Land will only occur upon
the Minister or other government official responsible for execution
of agreements, or his designate, affixing his signature to the
Conditional Sale Agreement or Lease Agreement (in the form set out
by Manitoba) and the delivery of such fully executed
Agreement to the successful applicant.
Applicants selecting a lot will be required to
make full payment of their lot after invoices are mailed out by the
Crown Lands and Property Agency. Payment will be due within 30
days of the invoice date.
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Section 4 – Agreements
4.1
Cottage Lots Offered For Sale
-
Crown Lands
The successful applicant is required to enter
into a written Conditional Sale Agreement with Manitoba and
pay the balance of the established lot price and any other required
occupation, service or administrative fee within 30 days from the
date of the notice from Manitoba. The lot prices are firm
and are non-negotiable. Subject to Manitoba’s sole
discretion, all terms and conditions of the Conditional Sale
Agreement are non-negotiable.
Failure to pay the purchase price and any
other required occupation, service or administrative fee by the
payment date indicated in the Sales Journal from Manitoba may
result in cancellation of all rights and privileges to the lot and
the $100.00 payment for the lot
will be forfeited. The deadline for payment will be clearly
indicated on the invoice.
Fees that you may be required to pay include the
following:
| a. |
Purchase Price &
GST (Less initial payment of $100.00) |
|
| b. |
Lands Application Fee |
$106.00 (Includes GST) |
| c. |
License of Occupation Fees |
$ 10.81 (includes GST) |
| d. |
Purchase Agreement Fee |
$212.00 (includes GST) |
| e. |
Legal Description/Titles |
$106.00 (includes GST) |
| f. |
Transfer Document |
$ 50.00 (includes GST) |
4.2 Taxes
– Crown Lands
Where applicable, the successful applicant
will be responsible for the payment of any municipal realty taxes,
GST, assessments and charges for the land commencing on the date of
the Agreement and for any land transfer tax relating to the transfer
of the lot.
Please note that Manitoba Consumer and
Corporate Affairs, Land Titles Office will have fees (Land Transfer
Tax) related to the registration of the transfer document. Further
details related to their fees can be obtained by contacting the Land
Titles Office directly at (204) 945-2042 or email
lto@gov.mb.ca
Also if the cottage subdivision is located
within a Rural Municipality, you will be responsible for payment of
annual municipal taxes to the RM. If the cottage subdivision is
located outside of a Rural Municipality, there may be service fees
applied through Manitoba Aboriginal & Northern Affairs.
4.3
Cottage Lots Offered For Lease
– Provincial Parks
The successful applicant will be required to
sign a cottage lot lease application form and pay the balance of the
one-time lot development fee within 30 days of the date of notice
from Manitoba. The annual land rental and service fee for
the first year is pro-rated from the date the application is
approved to March 31, 2008 and are prescribed by the Park Fees
Regulation (M.R. 148/96) under The Provincial Parks Act. Subject to
Manitoba’s sole discretion, all terms and conditions of the
Lease Agreement are non-negotiable.
Failure to pay the lot development fee and
any other required land rental or service fee by the payment date
indicated in the letter from Manitoba may result in
cancellation of all rights and privileges to the lot and the $100.00
payment for the lot will be forfeited. The deadline for payment
will be clearly indicated on the invoice.
4.4
Representations and Warranties
Manitoba makes no warranties or
representations, except those stated in the Conditional Sale
Agreement or Lease Agreement, and the applicant acknowledges
reliance solely on the applicant’s own knowledge and inspection of
the Crown land and that the applicant has not received or relied on
any representations or warranties made with respect to the Crown
land. In particular, the applicant acknowledges that Manitoba
makes no representations or warranties to the applicant as to the
fitness of any of the Crown land for any particular purpose, except
for cottage development.
4.5
Assignment of Agreement
Provincial Parks
The Provincial Parks Lease Agreement may not be
assigned until the cottage/vacation home is constructed to the
lock-up stage, except:
a)
Where an assignment
is necessary to arrange financing, or
b)
In the case of
death of the lessee, the lessee’s estate may continue.
Crown Lands
The Crown Lands Conditional Sale Agreement may
not be assigned except:
a)
Where an assignment
is necessary to arrange financing, or
b)
Where a purchaser
wants to add a person for estate planning purposes, and the person
to be added meets the eligibility criteria of these Draw Rules, or
c)
In the case of
death of the purchaser, the purchaser’s estate may continue.
Please note that upon completion of all
conditions set out in the Conditional Sale Agreement, the Transfer
document will be prepared in the name of the successful applicant,
and any person who has been added to the Agreement by way of an
assignment ONLY.
Assignment: a transfer of a right,
interest, or estate in Crown lands.
Anyone wishing to assign their lease or sale
agreement in accordance with the above criteria must complete an
Application for Assignment or Application for Assignment for
Collateral Purposes Only and submit the completed application to the
Crown Lands and Property Agency, address: The Cashier, Manitoba
Conservation, Box 42, 200 Saulteaux Cres., Winnipeg, Mb, R3J 3W3.
Assignment application forms are available on the Crown Lands
and Property Agency Web
site :
http://www.clp.gov.mb.ca/CLPA/web.nsf/PagesEN/Crown%20Land%20Application%20Forms?OpenDocument
and are subject to a fee of $50.00 under The Crown Land Fee
Regulation.
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Section 5 – Construction of
Cottages/Vacation Homes
It is a
condition of the Conditional Sale Agreement (Crown Lands) and Lease
Agreement (Parks) that the successful applicant must construct a
cottage/vacation home and complete the exterior of the
cottage/vacation home to “lock up stage” within 2 years or such
earlier date as may be prescribed by by-law of the applicable rural
municipality. The date will be set out in the Lease or Sale
Agreement indicating when the two-year time frame begins. In
subdivisions where road construction has not been completed, a
notice will be sent at a later date once the road is completed and
the two-year time frame will then begin as of the date of that
notice. The exterior shall be considered complete and at lock up
stage when doors, windows, finished exterior siding, and
shingles or other roofing material have been installed.
Provincial Parks
Construction of cottages/vacation homes in
Provincial Parks must comply with “The Cottagers Handbook”
available at:
http://www.gov.mb.ca/conservation/parks/cottaging/documents/cottagers_handbook.pdf
Crown Lands
All lots offered for sale are on Crown Land
and therefore the construction of cottages/vacation homes must
comply with all applicable legislation, regulations, building
standards and zoning by-laws that can be obtained from the local
Rural Municipality office.
Individual lots offered for sale or lease may not
be combined or amalgamated with adjacent lots for the purposes of
creating a joint or “double lot”. One suitable cottage/vacation
home is required on each lot.
You must provide a site plan with your Building
Permit Application to Manitoba Labour, showing approximate
dimensions of the building(s) and location on the lot, including
distances in relation to lot boundaries. The application will be
forwarded to the Regional Land Manager and you will then be notified
of approval or changes required. A work permit must also be
obtained from the local Natural Resources Officer at the District
Conservation Office prior to any construction. There is no fee for
a work permit.
Unless otherwise specified by the Rural
Municipality building codes and conditions, the minimum cottage size
will be 480 sq. ft. ( 20’ x 24’). The maximum size is limited by
the size of the lot to ensure there are appropriate distances from
sides, front and back of each lot.
If requested in writing prior to the construction
deadline, a purchaser/lessee may be granted an extension of the time
to construct if significant work has occurred and extenuating
circumstances exist that prevented completion of construction to
lock up stage. The granting of an extension is at the sole
discretion of Manitoba.
Failure of the applicant to construct a
cottage/vacation home to lock-up stage prior to the deadline may
result in the termination of the Conditional Sale/Lease Agreement.
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Section 6 – Lot Information
6.1 Lot
Availability
Applicants applying for the Cottage Lot Draw are
eligible for all available lots published in their area of
selection on the Cottage Lot Draw DATES AND AVAILABLE LOTS
document. All applicants will be drawn and assigned a number. At
their time of selection, applicants will be able to choose any
remaining lots available in any subdivision within the area offered
in that Draw at their time of lot selection. Manitoba
reserves the right to remove any lots from the Draw process prior to
the lot selection meeting(s).
6.2
Unselected Cottage Lots
Lots remaining after the selection process
will be offered for sale on a first-come/first-serve basis. More
information will follow on how to obtain these lots.
Lots that have been selected but are
subsequently returned to inventory, for reason of forfeit or
cancellation of a sale agreement or lease, will not be available on
a first come first serve basis, but will be held for the next Draw
process.
6.3 Lot
Pricing
Pricing of cottage lots is based on current
appraised market value. Lots remaining after the selection
process will be re-appraised prior to being offered for sale on a
first-come/first-serve basis.
6.4 Site
Inspection
Draw applicants are strongly
encouraged to visit and inspect the subdivisions that interest
them prior to the submitting an application.
Except for development of
roads, hydro, and certain other site-specific improvements,
subdivisions are generally provided in their natural state, with
future lot clearing and development being the responsibility of the
purchaser.
In some instances construction and/or
survey work may be in progress. Use caution when visiting
subdivisions and keep clear of work crews and construction
equipment. Prior to inspection, applicants may contact the land
managers at regional Conservation offices for details on the state
of the area. Contact information for regional land managers is
shown on the individual subdivision information sheets.
Take appropriate precautions while
inspecting any subdivision. Manitoba is not responsible for any damage to personal property, or
loss or injury incurred while accessing and inspecting
subdivisions. All persons inspecting the Cottage Lot Draw
subdivisions do so at their own risk.
6.5
Cautionary Notes
When inspecting subdivisions please take note
of the following guidelines:
-
wear appropriate footwear and
clothing,
-
be cautious of natural
hazards such as hanging trees and branches,
-
keep clear of work crews and
construction equipment, and
-
do not smoke while visiting
sites as there may be brush piles, dead grass, and trees that pose a
natural fire hazard. Forests are particularly susceptible to fire
during dry periods.
(back
to Table of Contents)
Section 7 – Contact Information
If you require additional
information:
(back to Table of Contents)
Section 8 – Revisions to Printed Package
Manitoba has made every effort to ensure
the information provided is accurate and complete. If errors are
discovered after publication of the handouts and website, the
website will be corrected and a notice of correction will be placed
on the home page of the website. Applicants are encouraged to visit
the website at:
http://www.gov.mb.ca/conservation/cottaging/ on a regular
basis to keep well informed of any changes.
For detailed information on site locations, rules and guidelines,
applications, agreements and copies of the Cottager’s Handbook,
please visit our website at:
http://www.gov.mb.ca/conservation/cottaging/.
(back to Table of Contents)
