First Come First Served Cottage Lot Program
Cottage Lots
Available
on a
First Come First Served Basis
2009 First Come First Served
COTTAGE LOT PROGRAM
RULES
SECTION 1.0 - INTRODUCTION
SECTION 2.0 – APPLICATION ACCEPTANCE DATES
SECTION 3.0 – LOTS AVAILABLE FOR SALE AND LEASE
SECTION 4.0 – ELIGIBILTY
SECTION 5.0 – APPLICATION PROCESS
SECTION 6.0 – AGREEMENTS
SECTION 7.0 – ASSIGNMENTS
SECTION 8.0 – TAXES
SECTION 9.0 – CONSTRUCTION OF COTTAGES
SECTION 10.0 – TITLE TRANSFER
SECTION 11.0 – LOT PRICING
SECTION 12.0 – REPRESENTATIONS AND WARRANTIES
SECTION 13.0 – REVISIONS TO PRINTED PACKAGE
SECTION 14.0 – CONTACT INFORMATION
Cottage lots in listed Crown Land and Provincial Park subdivisions are being made available for sale or lease under this program in accordance with the rules outlined in this document.
Interested applicants are strongly encouraged to visit and inspect the lot that interests them prior to them 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.
Take appropriate precautions when visiting a subdivision or inspecting a lot. Manitoba government is not responsible for any damage to personal property, or loss or injury incurred while accessing and inspecting subdivisions. Some general safety tips:
- Wear appropriate footwear and clothing,
- Be wary of natural hazards such as hanging trees and branches,
- In some instances construction and/or survey work may be in progress. 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.
Prior to inspection, applicants may wish to contact the Land Manager at the regional Conservation office for details on the state of the area for Crown cottage lots and the District Park Supervisor for Provincial Park cottage lots. Contact information for Regional Land Managers/District Park Supervisors is shown on the individual subdivision information sheets.
SECTION 2.0 APPLICATION ACCEPTANCE DATES
Residents of Manitoba
The Application Acceptance Date for residents of Manitoba is the date on which applications will begin to be accepted, or October 26, 2009.
Non-residents of Manitoba
The Application Acceptance Date for non-residents of Manitoba begins on the 121st day from the Application Acceptance Date for Residents of Manitoba, or February 23, 2010.
Application Acceptance Dates for both Residents and non-residents shall be indicated on the government Cottage Lot Program website at www.gov.mb.ca/conservation/fcfs_cottaging/index.html for all lots offered on a First Come First Served basis.
SECTION 3.0 LOTS AVAILABLE FOR SALE AND LEASE
Cottage lots that have been offered for sale or lease through previous public draws under the Cottage Lot Draw Program, but were not selected are being made available on a first come, first served basis.
Cottage lots that have been selected in a previous public draw but subsequently became available for re-allocation due to cancellation, termination or failure to enter into a purchase or lease agreement, shall be reserved until the next scheduled public draw. If the lots are not selected in that next draw, they may then be made available on a first come, first served basis.
Cottage lots acquired by applicants under this program that subsequently become available for purchase or lease due to cancellation, termination or failure to enter into a purchase agreement shall be added back into inventory and will be made available for first come, first served applications.
For a listing of available lots, please refer to the document titled First Come First Served Cottage Lot Program Lot Availability.
The Manitoba government reserves the right to remove any lots from the First Come First Served program at any time for any reason.
Manitoba Residents
A resident of Manitoba who is 18 years of age or over is eligible to apply to purchase or lease a cottage lot under this program beginning on the Application Acceptance Date specified for Residents of Manitoba.
For the purposes of the First Come First Served program a person will be classified as a Resident of Manitoba if he or she regularly, normally or customarily lives at a residence within the Province of Manitoba.
Non-residents of Manitoba (includes non-residents of Canada)
A non-resident of Manitoba who is 18 years of age or over is eligible to apply to purchase or lease a cottage lot under this program beginning on the Application Acceptance Date specified for Non- residents of Manitoba.
Government Employees
Government of Manitoba employees and their immediate families are eligible to apply to purchase or lease a cottage lot under this program subject to such further approvals as may be required under The Crown Lands Act for department employees.
Corporations
Corporations registered in Manitoba, including partnerships, sole proprietorships, associations and not-for-profit organizations are eligible to apply for a cottage lot through the First Come First Served program subject to a condition of sale/lease that the lot shall be used only for single family residential purposes.
Previous Successful Cottage Lot Draw Applicants
Applicants who were successful in acquiring a cottage lot in a previous Cottage Lot Draw are eligible to apply for a lot through the First Come First Served program, provided they still meet the above eligibility requirements.
The Manitoba government reserves the right to apply additional eligibility criteria.
SECTION 5.0 APPLICATION PROCESS
Application Form
The approved Manitoba Infrastructure and Transportation application form must be used. No other forms or modifications to the approved forms will be accepted.
SPECIAL RULES FOR FIRST TWO WEEKS
For the initial 10 business days, beginning on the Application Acceptance Date, applicants or their authorized representatives must apply in person at Manitoba Conservation, 200 Saulteaux Crescent, Winnipeg, Manitoba, R3J 3W3. No mail-in applications will be considered during this period.
Each applicant must take a sequential number upon arriving at the Information Services desk at 200 Saulteaux Crescent. This number will determine the order in which an applicant is called to choose a lot.
If applicants are not present when their number is called, a government representative will announce the next number to choose a lot. The applicant who was passed will be slotted into the next available position.
Each applicant will have the opportunity to select from the lots available at the time the applicant’s number is called.
Once an applicant selects a lot their decision is final and changes will not be accepted. Applicants will be required to cancel their current application and reapply.
Mail-in Applications
Upon completion of the first two weeks of the program, mail-in applications will be accepted.
Applications must be mailed or delivered to the address below. Applications will not be accepted at any other government office. Applications submitted by facsimile transmission (fax) or electronic mail (e-mail) will not be accepted.
Manitoba Conservation
Box 42, 200 Saulteaux Crescent
Winnipeg, Manitoba R3J 3W3
Mail-in applications will be date stamped for the following day and will be processed before 8:30 a.m. of the date stamped. In the event two mail-in applications are received on the same day for the same lot, the successful applicant shall be determined through the random computerized draw process administered by Manitoba Conservation.
Number of Applications per Individual
For the first 30 days of the program, applicants will be restricted to one application per eligible individual. Upon completion of the first 30 days there will be no restriction on the number of lots an eligible individual may apply to purchase or lease.
Representative Selecting on Behalf of the Applicant
If a representative is making the lot selection on behalf of the applicant, through the First Come First Served program the representative must present:
- valid identification
- written authorization from the applicant authorizing the representative to select a lot on behalf of the applicant (authorization form for delegation of authority)
- photocopy of the applicant’s valid identification (identifying date of birth, Manitoba address, and signature)
Notification
Successful applicants will be notified by letter with confirmation of lot selected, instruction on how to proceed and a sales or lease agreement.
Application Fees
An application must be accompanied with full payment of the required application fee of $100.00 plus applicable taxes.
Payment options for the application fee 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.
Application fees are non-refundable. If you apply for a lot, but do not complete the purchase or lease, you will forfeit the application fee.
Rejection of Applications
It is the responsibility of the applicant to read and understand the rules and ensure all information is completed on the application submitted.
Applications will be rejected for the following reasons:
• They are on a form other than the Manitoba Infrastructure and Transportation Application Form
• They are illegible or required information is missing or incomplete;
• 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 application fee;
• They are not the original signed application form (facsimile and photocopies are not
permitted);
• 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 applicant’s bank (e.g. 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 (during the first 30 days of the program only).
Rejected applications will be returned by mail with an explanation as to why
the application was rejected.
The Manitoba government is not be responsible for any applications that are lost, misdirected, illegible, and incomplete or delayed for any reason.
Crown Lands Sale Agreement
A valid purchase and sale of Crown 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 (in the form set out by Manitoba) and the delivery of such fully executed Agreement to the successful applicant.
The successful applicant is required to enter into a written Conditional Sale Agreement with the province of 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 the province. The lot prices are firm and are non-negotiable. Subject to the government'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. The deadline for payment will be clearly indicated on the correspondence.
Fees that the applicant may be required to pay include the following:
a. Purchase Price & GST
b. Lands Application Fee $105.00 (included GST)
c. License of Occupation Fee $10.81 (includes GST)
d. Purchase Agreement Fee $210.00 (includes GST)
e. Legal Description/Titles Fee $105.00 (includes GST)
f. Transfer Document Fee $52.50 (includes GST)
Provincial Park Lease Agreement
A successful applicant will be required to enter into a cottage lot lease agreement and pay the balance of the one-time lot development fee within 30 days of the date of notice from the Manitoba government.
Annual land rental and service fee for the first year is pro-rated from the date the application is approved to March 31st 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 fees by the payment due date indicated in the letter from Manitoba may result in cancellation of all rights and privileges to the lot and the application fee for the lot will be forfeited. The deadline for payment will be clearly indicated in the correspondence.
Applications
In the case of the death of an applicant, the applicant’s estate may continue the application process.
Provincial Park Lot Leases
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 Land Lot Sale Agreements
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 the First Come First Served Rules, or
c) In the case of death of the purchaser, the purchaser’s estate may continue.
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 Cashier
Manitoba Conservation
Box 42, 200 Saulteaux Crescent.
Winnipeg, MB, R3J 3W3
Assignment application forms for Crown land are available on the Crown Land and Property Agency Website: http://www.clp.gov.mb.ca/_content/html/forms/lands_branch_forms.html and are subject to a fee of $50.00 under The Crown Land Fee Regulation.
Assignment application forms for Provincial Park leases are available on the Crown Land and Property Agency Website http://www.clp.gov.mb.ca/_content/html/forms/park_lands_forms.html and are subject to a fee of $30.00 under the Provincial Parks Fee Regulation.
SECTION 8.0 TAXES
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, the applicant 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 taxes or service fees assessed through Manitoba Aboriginal & Northern Affairs. For more information, contact:
Armand Barbeau (North Central Region) at (204) 622-2145 or
Cory Young (Northern Region) at (204) 677-6737.
SECTION 9.0 CONSTRUCTION OF COTTAGES
It is a condition of the Conditional Sale Agreement (Crown lands) and Lease Agreement
(Parks) that the applicant must construct a cottage and complete the exterior of the cottage 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. For subdivisions where road construction has not been completed a notice will be sent once the road is completed, the two-year time frame will then begin as of the date of this notice.
A cottage is considered to be completed to 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 Parksmust comply with “The Cottagers Handbook” available at:
http://www.gov.mb.ca/conservation/parks/cottaging/documents/cottagers_handbook_
currently_under_revision.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.
The purchaser 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 one of Conservation’s Regional Land Managers and the purchaser will then be notified if the site plan is approved or if changes are required.
A work permit must also be obtained from the local Natural Resources Officer at the local Conservation District 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.
Development Time Frame Extension Requests
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 or Lease Agreement. However a purchaser/lessee may apply for an extension of the development time frame if there were valid extenuating circumstances that occurred that prevented completion of construction to lock up stage. The granting of an extension is at the sole discretion of the Manitoba government.
Upon entering into a Conditional Sale Agreement for the purchase of a lot, the purchaser will be issued a Licence of Occupation to provide an interim security document to use and occupy the land pending completion of the cottage to lock-up stage.
Upon completion of all conditions set out in the Conditional Sale Agreement, a Transfer document will be prepared which the purchaser can then take to Land Titles Office to register title in his or her name.
Pricing of cottage lots is based on appraised market value. Lot prices are not negotiable.
SECTION 12.0 REPRESENTATIONS AND WARRANTIES
The acceptance of an application by Manitoba does not constitute a binding Agreement for the sale or lease of the Crown lot.
The province 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.
SECTION 13.0 REVISIONS TO PRINTED PACKAGE
The province 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 on a regular basis to keep well informed of any changes.
SECTION 14.0 CONTACT INFORMATION
For detailed information on site locations, rules and guidelines, applications, agreements and copies of the Cottager’s Handbook, please visit our website at:
www.gov.mb.ca/conservation/fcfs_cottaging/index.html
IF YOU REQUIRE ADDITIONAL INFORMATION:
Call 204-945-6784 (Winnipeg), or 1-800-214-6497 (toll free)
Visit our website at: www.gov.mb.ca/conservation/fcfs_cottaging/index.html
E-mail inquiries to: cottaging@gov.mb.ca
