Mackenzie Valley Land Use Regulations

Contents

Whereas the Minister of Indian Affairs and Northern Development has consulted with the first nations regarding the annexed regulations;Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 59, subsection 72(3) and sections 86 and 90 of the Mackenzie Valley Resource Management Act, hereby makes the annexed Mackenzie Valley Land Use Regulations.^note

Interpretation

1 #

The definitions in this section apply in these Regulations.

Act means the Mackenzie Valley Resource Management Act. (Loi)

airport means an airport as defined in subsection 3(1) of the Aeronautics Act. (aéroport)

Board means

(a)in respect of a use of land that is to take place, and is likely to have an impact, wholly within the area described in appendix A to the Gwich’in Agreement, the Gwich’in Land and Water Board;

(b)in respect of a use of land that is to take place, and is likely to have an impact, wholly within the area described in appendix A to the Sahtu Agreement, the Sahtu Land and Water Board;

(c)in respect of a use of land that is to take place, and is likely to have an impact, wholly within Wekeezhii, the Wekeezhii Land and Water Board; or

(d)in respect of a use of land that is to take place, or is likely to have an impact, in more than one management area, or in a management area and an area outside any management area, or that is to take place wholly outside any management area, the Mackenzie Valley Land and Water Board. (Office)

crossing means a bridge, causeway or structure designed to enable persons, vehicles or machinery to cross a watercourse or to cross above or below a road, or any associated embankment, cutting, excavation, land clearing or other work. (passage)

Dominion Geodesist means the Dominion Geodesist and Director of the Geodetic Survey of the Department of Natural Resources. (géodésien fédéral)

federal public lands means lands belonging to Her Majesty in right of Canada or lands that Her Majesty has the power to dispose of, other than such lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Northwest Territories. (terres domaniales fédérales)

geophysical survey means an investigation carried out on the surface of the ground to determine the nature and structure of the subsurface. (levé géophysique)

landowner means

(a)in respect of settlement lands, Tlicho lands, Déline lands or other private lands, the title holder; and

(b)in respect of any other lands, the minister of the Crown or the Commissioner of the Northwest Territories, as the case may be, who has administration and control of the lands. (propriétaire des terres)

land-use operation means any use of land that requires a permit. (projet d’utilisation des terres)

line means a route used to give surface access to land for the purpose of carrying out a geophysical, geological or engineering survey. (voie d’accès)

minerals means precious and base metals and other non-living, naturally occurring substances, and includes coal, oil and gas. (minéraux)

monument means a post, stake, peg, mound, pit, trench or other object used to officially mark the boundary of surveyed lands or placed for a topographic, geodetic or cadastral purpose. (borne)

person-day, in respect of a campsite, means the use of the campsite by one person during the course of one day. (jour-personne)

road means

(a)the area bounded by lines parallel to, and 30 m on either side of, the centre line of a highway established by an order of the Commissioner made pursuant to the Northwest Territories Public Highways Act or any other instrument;

(b)a place, bridge or other structure that the public is ordinarily entitled or permitted to use for the passage of vehicles during any part of the year; or

(c)a sidewalk, pathway, ditch, shoulder or parking area adjacent to an area referred to in paragraph (a) or to a place, bridge or other structure referred to in paragraph (b). (route)

rock trenching means an excavation carried out on a mineral claim to obtain geological information. (forage dans le roc)

spud-in means an initial penetration of the ground for the purpose of drilling a well. (percée)

Surveyor General has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act. (arpenteur général)

territorial park has the same meaning as in section 1 of the Territorial Parks Act, R.S.N.W.T. 1988, c. T-4. (parc territorial)

Type A permit means a permit required for an activity set out in section 4. (permis de type A)

Type B permit means a permit required for an activity set out in section 5. (permis de type B)

Type C permit means a permit required by a Tlicho law for a use of Tlicho lands or by a Déline law for a use of Déline lands, respectively, for which a Type A or Type B permit is not required. (permis de type C)

watercourse means a natural body of flowing or standing water or an area occupied by water during part of the year, and includes streams, springs, swamps and gulches but does not include groundwater. (cours d’eau)

Application

2 #

(1)Subject to subsections (2) and (3) and section 42, these Regulations apply to all uses of land in the Mackenzie Valley.

(2)These Regulations do not apply to a use of land authorized pursuant to grazing or agricultural leases subsequent to its initial clearing.

(3)For greater certainty, subject to any Tlicho law or Déline law referred to in section 90.1 or 90.11 of the Act, respectively, these Regulations do not apply to the following activities, unless they require the use of equipment or material referred to in section 4 or 5:

(a)harvesting and the construction and occupation of cabins and camps for the purpose of harvesting, within the meaning of a land claim agreement,

(b)hunting, trapping or fishing,

(c)anything done in the course of prospecting, staking or locating a mineral claim.

3 #

[Repealed, SOR/2013-166, s. 2] (repealed)

Prohibitions

4 #

No person shall, without a Type A permit, carry on any activity that involves

(a)on land outside the boundaries of a local government,

(i)the use of a quantity of explosives equal to or exceeding 150 kg in any 30-day period,

(ii)the use of a vehicle or machine of a weight equal to or exceeding 10 t, other than on a road or on a community landfill, quarry site or airport,

(iii)the use of a single container for the storage of petroleum fuel that has a capacity equal to or exceeding 4 000 L,

(iv)the use of a self-propelled motorized machine for moving earth or clearing land, or

(v)the levelling, grading, clearing, cutting or snowploughing of a line, trail or right-of-way, other than a road or existing access trail to a building, that exceeds 1.5 m in width and 4 ha in area, for a purpose other than the grooming of recreational trails; or

(b)on land within or outside the boundaries of a local government,

(i)the use of motorized earth-drilling machinery the operating weight of which, excluding the weight of drill rods, stems, bits, pumps and other ancillary equipment, equals or exceeds 2.5 t, for a purpose other than the drilling of holes for building piles or utility poles or the setting of explosives within the boundaries of the local government,

(ii)the use of a campsite outside a territorial park for a duration of or exceeding 400 person-days,

(iii)the establishment of a petroleum fuel storage facility with a capacity equal to or exceeding 80 000 L, or

(iv)the use of a stationary motorized machine, other than a power saw, for hydraulic prospecting, moving earth or clearing land.

^note

5 #

No person shall, without a Type B permit, carry on any activity that involves

(a)on land outside the boundaries of a local government,

(i)the use of a quantity of explosives equal to or exceeding 50 kg, but less than 150 kg, in any 30-day period,

(ii)the use of a vehicle the net vehicle weight of which equals or exceeds 5 t but is less than 10 t or the use of a vehicle of any weight that exerts a pressure on the ground equal to or exceeding 35 kPa, other than on a road or within a community landfill, quarry site or airport,

(iii)the establishment of a petroleum fuel storage facility with a capacity that equals or exceeds 4 000 L but is less than 80 000 L,

(iv)the use of a single container for the storage of petroleum fuel that has a capacity that equals or exceeds 2 000 L but is less than 4 000 L,

(v)the levelling, grading, clearing, cutting or snowploughing of any line, trail or right-of-way, other than a road or existing access trail to a building, that exceeds 1.5 m in width but does not exceed 4 ha in area, for a purpose other than the grooming of recreational trails, or

(vi)the construction of a building with a footprint of more than 100 m² and a height of more than 5 m; or

(b)on land within or outside the boundaries of a local government,

(i)the use of motorized earth-drilling machinery the operating weight of which, excluding the weight of drill rods, stems, bits, pumps and other ancillary equipment, equals or exceeds 500 kg but is less than 2.5 t, for a purpose other than the drilling of holes for building piles or utility poles or the setting of explosives within the boundaries of a local government, or

(ii)the use of a campsite outside a territorial park for a duration of or exceeding 200 person-days but less than 400 person-days.

^note

6 #

Unless expressly authorized by a permit or in writing by an inspector, no permittee shall

(a)conduct a land-use operation within 30 m of a known monument or of a known or suspected historic or archaeological site or burial site;

(b)excavate land within 100 m of a watercourse at a point that is below its ordinary high-water mark;

(c)deposit excavated material on the bed of a watercourse; or

(d)place a fuel or supply cache within 100 m of a watercourse at a point that is below the ordinary high-water mark of that watercourse.

^note

Small Fuel Caches

7 #

Every person who establishes a fuel cache, outside the boundaries of a local government, of a volume that equals or exceeds 410 L but does not exceed 4 000 L shall, within 30 days after its establishment, give the Board written notice of the location, amount and type of fuel, the size of containers used, the method of storage and the proposed date of removal of the cache.^note

Excavation

8 #

Unless otherwise authorized by a permit or in writing by an inspector, every permittee shall replace all materials removed by the permittee in the course of excavating, other than rock trenching, and shall level and compact the area of the excavation.

Watercourse Crossings

9 #

(1)[Repealed, SOR/2013-166, s. 6] (repealed)

(2)Unless otherwise authorized by a permit or in writing by an inspector, every permittee shall, before the completion of the land-use operation or the commencement of spring break-up, whichever occurs first,

(a)remove any material or debris deposited in a watercourse in the course of a land-use operation, whether for the purpose of constructing a crossing or otherwise; and

(b)restore the channel and bed of the watercourse to their original alignment and cross-section.

Clearing of Lines, Trails or Rights-of-way

10 #

Unless expressly authorized by a permit, no permittee shall

(a)clear a new line, trail or right-of-way where an existing line, trail or right-of-way can be used;

(b)clear a line, trail or right-of-way that is wider than 10 m; or

(c)on clearing a line, trail or right-of-way, leave leaners or debris in standing timber.

Monuments

11 #

(1)Where a boundary monument is damaged, destroyed, moved or altered during a land-use operation, a permittee shall report the fact immediately to the Surveyor General.

(2)Where a topographic or geodetic monument is damaged, destroyed or altered during a land-use operation, the permittee shall report the fact immediately to the Dominion Geodesist.

Historic or Archeological Sites and Burial Sites

12 #

If, in the course of a land-use operation, a suspected historic or archaeological site or burial site is discovered,

(a)the permittee shall immediately suspend operations on the site and notify the Board or an inspector; and

(b)the Board or inspector shall notify any affected First Nation, the Tlicho Government if the operation is taking place in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories, the Déline Got’ine Government if the operation is taking place on Déline lands, and the department of the Government of the Northwest Territories responsible for the location of the site and consult them regarding the nature of the materials, structures or artifacts and any further actions to be taken.

^note

Orders of Inspector

13 #

Where an inspector makes an order under subsection 86(1) of the Act, the inspector shall file a copy of the order with the Board without delay.^note

Campsites

14 #

(1)Unless otherwise authorized by a permit or in writing by an inspector, every permittee shall dispose of all garbage, waste and debris from any campsite used in connection with a land-use operation by removal, burning or burial.

(2)[Repealed, SOR/2013-166, s. 8] (repealed)

Restoration of Permit Areas

15 #

Unless otherwise authorized by a permit, after completing a land-use operation, a permittee shall restore the permit area to substantially the same condition as it was prior to the commencement of the operation.

Removal of Buildings and Equipment

16 #

(1)Subject to subsections (2) and (5), after completing a land-use operation, a permittee shall remove all structures, temporary buildings, machinery, equipment, materials, fuel drums and other storage containers and any other items used in connection with the operation

(a)unless otherwise authorized by a document granting a right to, or interest in, the land; or

(b)unless the owner of the lands on which the items are located has, by written notice to the Board, assumed responsibility for those items.

(2)With the prior written authorization of the Board and, in the case of settlement lands, Tlicho lands, Déline lands or other private lands, of the landowner, a permittee may store, in a manner, at a location and for a duration approved by the Board, the items referred to in subsection (1) that the permittee requires for a future land-use operation or other operation in the area.

(3)The Board may, on written request, issue an authorization under subsection (2) for a period of up to one year.

(3.1)On the expiry of an authorization issued under subsection (2), the Board may, on written request, issue a maximum of one subsequent authorization for a period of up to one year for the same operation.

(4)A copy of any authorization issued by the Board under subsection (2) shall be delivered to the landowner.

(5)A permittee may, with the approval of the landowner, leave diamond drill cores at a drill site.

Emergencies

17 #

(1)Notwithstanding any other provision of these Regulations or the conditions of any permit, where an emergency threatens life, property or the environment, a person may carry out such land-use operations as are necessary to cope with the emergency.

(2)A person who carries out a land-use operation under subsection (1) shall immediately thereafter send a written report to the Board describing the duration, nature and extent of the operation.

Eligibility for a Permit

18 #

A person is eligible for a permit who

(a)where the proposed land-use operation is in the exercise of a right to search for, win or exploit minerals or natural resources,

(i)holds the right,

(ii)is the manager of operations, where the right is held by two or more persons who have entered into an exploration or operating agreement designating one of them as the manager of operations, or

(iii)is the person who contracts to have the land-use operation carried out, where the right is held by two or more persons who have not entered into an exploration or operating agreement designating one of them as manager of operations; or

(b)in any other case, has a right to occupy the land and either contracts to have the land-use operation carried out or is the person who is to carry out the operation.

^note

Application for a Permit

19 #

(1)An application for a permit shall be submitted to the Board.

(2)An application for a permit shall be in the form, and provide the information, set out in Schedule 2 and shall be accompanied by any information in the possession of the applicant that is necessary to evaluate the quantitative and qualitative effects of the proposed use.

(3)Subject to section 20, an application for a permit shall be accompanied by a preliminary plan that is prepared in accordance with section 30 indicating the following elements, and, in the case of an application for a Type A or Type B permit, the application fee and any applicable land-use fee for federal public lands set out in Schedule 1:

(a)the lands proposed to be used in the land-use operation and an estimate of their area; and

(b)the approximate location of all

(i)existing lines, trails, rights-of-way and cleared areas proposed to be used in the land-use operation,

(ii)new lines, trails, rights-of-way and cleared areas proposed to be used in the land-use operation,

(iii)buildings, structures, campsites, air landing strips, air navigation aids, fuel and supply storage sites, waste disposal sites, excavations and other works and places proposed to be constructed or used in the land-use operation, and

(iv)bridges, dams, ditches, railroads, roads, transmission lines, pipelines, survey lines, monuments, historic or archaeological sites, burial sites, air landing strips, watercourses, traplines and cabins that may be affected by the land-use operation.

(4)For the purpose of calculating the applicable land-use fee payable under subsection (3), the width of any line, trail or right-of-way proposed to be used in the land-use operation shall, unless otherwise specified in the permit, be considered to be 10 m.

20 #

No fee set out in Schedule 1 is applicable to a use of land by Her Majesty in right of Canada and, for greater certainty, the territorial government shall not be required to pay fees set out in Schedule 1.^note

21 #

(1)[Repealed, SOR/2013-166, s. 12] (repealed)

(2)Before the issuance of a permit, the inspector is authorized to enter the lands designated in the application to investigate and report to the Board the particulars of

(a)the existing biological and physical characteristics of the lands proposed to be used and the surrounding lands;

(b)any disturbance that the proposed land-use operation may cause on the lands proposed to be used and on the surrounding lands and the biological characteristics of the disturbance; and

(c)the manner in which any identified disturbance referred to in paragraph (b) may be minimized and controlled.

(3)The Board shall, at the request of an applicant, provide the applicant with a copy of any inspector’s report submitted under subsection (2).

22 #

(1)The Board shall, within 10 days after receipt of an application for a Type A permit,

(a)if the application does not comply with these Regulations, return the application to the applicant and advise the applicant in writing of the reasons for its rejection; or

(b)in any other case, notify the applicant in writing of the date on which the application was found by the Board to be in compliance with these Regulations and of the fact that the Board will take, subject to sections 23.1 and 24, one of the measures referred to in subsection (2) within 42 days after that date.

(2)Subject to sections 23.1 and 24, if the Board does not return an application under paragraph (1)(a), it shall, within 42 days after receipt of the complete application,

(a)issue a Type A permit, subject to any conditions included pursuant to subsection 26(1);

(b)conduct a hearing under section 24 of the Act or require that further studies or investigations be made respecting the lands proposed to be used in the land-use operation and notify the applicant in writing of the reasons for the hearing, studies or investigations;

(c)refer the application to the Mackenzie Valley Environmental Impact Review Board under subsection 125(1) or paragraph 126(2)(a) of the Act for an environmental assessment and notify the applicant in writing of its referral and of the reasons for the referral; or

(d)if a requirement set out in section 61 or 61.1 of the Act has not been met, refuse to issue a permit and notify the applicant in writing of its refusal and of the reasons for the refusal.

(3)[Repealed, SOR/2006-253, s. 7] (repealed)

23 #

The Board shall, on receipt of an application for a Type B or Type C permit,

(a)if the application does not comply with these Regulations, without delay return the application to the applicant and advise the applicant in writing of the reasons for its rejection; or

(b)in any other case, subject to sections 23.1 and 24, within 30 days after the day on which the complete application was found by the Board to be in compliance with these Regulations,

(i)issue the permit, subject to any conditions included under subsection 26(1),

(ii)if a requirement set out in section 61 or 61.1 of the Act has not been met, refuse to issue the permit and notify the applicant in writing of its refusal and of the reasons for the refusal,

(iii)if the Board considers that more than 30 days are required to gather the socio-economic, scientific or technical information needed in respect of the application, treat the application in the manner provided for in section 22 for Type A permits, and notify the applicant accordingly, or

(iv)refer the application to the Mackenzie Valley Environmental Impact Review Board under subsection 125(1) or paragraph 126(2)(a) of the Act for an environmental assessment and notify the applicant in writing of its referral and of the reasons for the referral.

^note

23.1 #

If the Board conducts a hearing or requires that further studies or investigations be made under paragraph 22(2)(b) or if the Mackenzie Valley Environmental Impact Review Board is to conduct an environmental assessment in relation to the land use for which a permit application has been received, the period provided for in subsection 22(2) or paragraph 23(b) for the Board to issue or to refuse to issue a permit does not begin

(a)in respect of a hearing or of further studies or investigations, until the completion of the hearing or the further studies or investigations; or

(b)in respect of an environmental assessment, until the completion of the environmental assessment and impact review process under Part 5 of the Act.

^note

24 #

If the Minister, after considering the report of an environmental assessment or a review panel in respect of an application for a permit, has adopted a recommendation to reject the proposed land-use operation under subparagraph 130(1)(b)(i) or paragraph 135(1)(a) of the Act, or has rejected a recommendation to approve the proposal under paragraph 135(1)(b) of the Act, the Board shall refuse to issue the permit and notify the applicant in writing of its refusal and of the reasons for the refusal.^note

25 #

Where an application for a permit is returned under paragraph 22(1)(a) or 23(a) or refused pursuant to paragraph 22(2)(d), subparagraph 23(b)(ii) or section 24, the land-use fee submitted with the application shall be refunded to the applicant.

Conditions of Permits

26 #

(1)The Board may include in a permit conditions respecting

(a)the location and area of lands that may be used in the land-use operation;

(b)the times at which any portion of a land-use operation may be carried on;

(c)the type and size of equipment that may be used in the land-use operation;

(d)methods and techniques to be employed by the permittee in carrying out the land-use operation;

(e)the type, location, capacity and operation of all facilities to be used by the permittee in the land-use operation;

(f)methods to be used to control or prevent ponding of water, flooding, erosion, slides and the subsidence of land;

(g)the use, storage, handling and ultimate disposal of any chemical or toxic material to be used in the land-use operation;

(h)protection of wildlife habitat and fish habitat;

(i)the storage, handling and disposal of refuse or sewage;

(j)protection of historic or archaeological sites and burial sites;

(k)protection of objects and places of recreational, scenic or ecological value;

(l)the posting of security in accordance with section 32;

(m)the establishment of petroleum fuel storage facilities;

(n)methods and techniques for debris and brush disposal;

(o)restoration of the lands;

(p)the display of permits and permit numbers; and

(q)any other matter in respect of the protection of the biological or physical characteristics of the lands.

(2)Subject to subsections (4) and (5), the Board may amend any of the conditions of a permit on receipt of a written request from the permittee setting out

(a)the conditions that the permittee wishes to have amended;

(b)the nature of the proposed amendment; and

(c)the reasons for the proposed amendment.

(3)Where the Board receives a request from a permittee pursuant to subsection (2), it shall notify the permittee of its decision, and of the reasons therefor, within 10 days after receipt of the request.

(4)Where a land use requested in a proposed amendment is not within the scope of the land use for which the permit was issued, the Board shall treat the request as an application for a new permit in accordance with sections 22 or 23.

(5)Subject to subsection (6), every permit shall set out the term for which it is valid, which term shall be based on the estimated dates of commencement and completion set out by the permittee in the permit application, but the term of a permit shall not exceed five years.

(6)On receipt of a written request from a permittee, prior to the expiration of the permit, for an extension of the term of the permit, the Board may extend the term of the permit for an additional period not exceeding two years, subject to any conditions referred to in subsection (1).

(7)Where a permit requires that the permittee hold a valid interest in land, the landowner shall notify the Board prior to the cancellation or expiration of that interest.

(8)Where an interest referred to in subsection (7) is cancelled or expires, the Board may cancel the permit.

Delegations to Board Employees

27 #

For the purposes of section 70 of the Act, a Type B or Type C permit may be issued, amended or renewed, or its assignment approved, by an employee of the Board named in an instrument of delegation issued under that section.^note

Reports

28 #

A permittee shall submit to the inspector or the Board, in a form and on a date satisfactory to the inspector or the Board, such reports as are requested by the inspector or the Board for the purpose of ascertaining the progress of the land-use operation.^note

Final Plan

29 #

(1)Subject to subsection (3), every permittee shall, within 60 days after the completion of a land-use operation or the expiration of the permit, whichever occurs first, submit a final plan in duplicate to the Board and, where the land-use operation was carried out on private lands, to the landowner thereof, showing

(a)the lands on which the land-use operation was conducted;

(b)the location of

(i)lines, trails, rights-of-way and cleared areas that were used by the permittee during the land-use operation, specifying those that were cleared by the permittee and those that existed before the operation began,

(ii)buildings, structures, campsites, air landing strips, air navigation aids, fuel and supply storage sites, waste disposal sites, excavations and other works and places that were constructed or used by the permittee in the land-use operation, and

(iii)bridges, dams, ditches, railroads, roads, transmission lines, pipelines, survey lines, monuments, air landing strips, watercourses, traplines and cabins and all other features or works that were affected by the land-use operation; and

(c)calculations of the area of the lands used in the land-use operation.

(2)A final plan submitted pursuant to subsection (1) shall be

(a)certified by the permittee, or by an agent of the permittee, as to the accuracy of

(i)locations, distances and areas, and

(ii)the representation of the land-use operation; or

(b)drawn from and accompanied by a detailed site survey, an aerial photograph or an image created using satellite or other imaging technology, showing the lands on which the land-use operation was conducted.

(3)On receipt of a written request from a permittee for an extension of time for the filing of a final plan, the Board may extend the time for filing the final plan by not more than 60 days.

(4)The Board shall reject any final plan that is not in compliance with this section and section 30.

(5)Within three weeks after receipt of written notice from the Board rejecting a plan, a permittee shall submit to the Board a new final plan that complies with this section and section 30.

(6)Notwithstanding the expiration or cancellation of a permit, the submission of a final plan or the giving of a notice of discontinuance under section 37, a permittee remains responsible for all obligations arising under the permit or under these Regulations until such time as the Board issues a letter of clearance pursuant to section 33.

Land Division and Plans

30 #

A preliminary plan or final plan submitted under these Regulations shall

(a)be drawn on a scale that clearly shows the lands that the applicant for a permit proposes to use or that the permittee has used;

(b)show the scale to which the plan is drawn; and

(c)show locations by giving their geographic coordinates and specifying the reference system used to obtain those coordinates.

^note

Determination of Land-Use Fee

31 #

(1)Within 30 days after the Board has approved the final plan, a permittee shall submit to the Board calculations of any applicable land-use fee for federal public lands payable, based on the actual area of land used in the land-use operation.

(2)Where the calculated fee submitted under subsection (1) is less than the fee submitted with the application, the Board shall refund the difference to the permittee.

(3)Where the calculated fee submitted under subsection (1) is greater than the fee submitted with the application, the permittee shall submit payment for the amount of the deficiency with the calculations.

Posting of Security

32 #

(1)The Board may require security to be posted in an amount not exceeding the aggregate of the costs of

(a)abandonment of the land-use operation;

(b)restoration of the site of the land-use operation; and

(c)any measures that may be necessary after the abandonment of the land-use operation.

(2)In setting the amount of security pursuant to subsection (1), the Board may consider

(a)the ability of the applicant or prospective assignee to pay the costs referred to in that subsection;

(b)the past performance of the applicant or prospective assignee in respect of any other permit;

(c)the prior posting of security by the applicant pursuant to other federal legislation in relation to the land-use operation; and

(d)the probability of environmental damage or the significance of any environmental damage.

(3)Where the Board requires that a security deposit be posted, the permittee shall not begin the land-use operation until the security has been deposited with the federal Minister.

(4)Posted security may be in the form of

(a)a promissory note guaranteed by a bank listed in Schedule I or II to the Bank Act and made payable to the Receiver General;

(b)a certified cheque drawn on a bank listed in Schedule I or II to the Bank Act and made payable to the Receiver General;

(c)[Repealed, SOR/2016-128, s. 14] (repealed)

(d)an irrevocable letter of credit from a bank listed in Schedule I or II to the Bank Act; or

(e)a cash payment.

(5)Posted security, or any remaining portion thereof, shall be returned to the permittee by the federal Minister after the Board issues a letter of clearance under section 33 in respect of the land-use operation.

Letter of Clearance

33 #

When a permittee has complied with all conditions of the permit and with these Regulations, the Board shall issue a letter of clearance to the permittee with a copy to the federal Minister.^note

Cessation of Land-Use Operation

34 #

(1)Prior to taking action in respect of a contravention under subsection 86(2) of the Act, the inspector shall give notice to the permittee that, if the contravention is not corrected within the time specified in the notice, the inspector may order the cessation of the land-use operation or of any part thereof.

(2)Before taking action in respect of a contravention under subsection 86(2) of the Act in respect of a drilling program between the time of spud-in and the completion of drilling, the inspector shall consult with the National Energy Board.

(3)A copy of any notice provided under this section or order made under subsection 86(2) of the Act shall be delivered to the landowner and filed with the Board.

(4)When an inspector is satisfied that a contravention that is the subject of a notice given under subsection (1) has been corrected, the inspector shall notify the permittee in writing, send a copy of the notice to the landowner and file a copy thereof with the Board.

Suspension of Permit

35 #

(1)Where a permittee

(a)fails to comply with an order of the inspector to rectify a contravention within the time specified by the inspector pursuant to subsection 34(1),

(b)fails to comply with an order of the inspector under section 86 of the Act,

(c)fails to comply with an order of the Board made under the Act or these Regulations, or

(d)fails to comply with the conditions of the permit, the Act or these Regulations,

the Board may, after written notice to the permittee, suspend the permit.

(2)Before suspending a permit, the Board shall provide the permittee with an opportunity to be heard.

(3)The suspension of a permit under subsection (1) does not relieve the permittee from any obligation arising under the permit or under these Regulations, or from complying with any notice, direction or order given by an inspector or the Board.

(4)If the Board is satisfied that the permittee has corrected or will correct the contravention under subsection 34(1), it shall, by written notice to the permittee, lift the suspension of the permit.

Cancellation of Permit

36 #

(1)If a permittee fails to correct the contravention set out in the notice of suspension issued under subsection 35(1), or if the severity of the contravention so warrants, the Board may, after giving written notice to the permittee, cancel the permit.

(2)Before cancelling a permit, the Board shall provide the permittee with an opportunity to be heard.

(3)The cancellation of a permit under subsection (1) does not relieve the permittee from any obligation arising under the permit or under these Regulations, or from complying with any notice, direction or order given by an inspector or the Board.

Discontinuance of Land-Use Operation

37 #

(1)Subject to subsection (2), where a permittee wishes to discontinue a land-use operation at any time prior to the date of completion set out in the permit, the permittee shall give a notice of discontinuance in writing to the Board and, where the land-use operation is being carried out on private lands, to the landowner, indicating the date on which it is proposed to discontinue the operation.

(2)A notice of discontinuance under subsection (1) shall be given to the Board at least 10 days before the proposed date of the discontinuance.

(3)On receipt of a notice of discontinuance, the Board shall amend the expiration date of the permit accordingly and forward a copy of the amended permit to the permittee.

(4)The discontinuance of a land-use operation pursuant to this section does not relieve the permittee from any obligations that arose under the permit or under these Regulations prior to the discontinuance or from complying with any notice, direction or order given by an inspector or the Board.

^note

Assignment

38 #

(1)On receipt of an application in writing for approval of an assignment of a permit, the Board may approve the assignment with all of the original conditions or with amended conditions.

(2)An application for approval of an assignment of a permit shall be forwarded to the Board at least 10 days prior to the proposed effective date of the assignment and shall include

(a)the permit number of the assignor;

(b)the name and address of the proposed assignee;

(c)a description of any other interests or rights that are held by, or are to be transferred to, the proposed assignee and that are required by the proposed assignee to obtain a permit under section 18;

(d)an undertaking signed by the proposed assignee stating that the assignee will accept responsibility for all obligations under the permit, these Regulations or the Act that were imposed upon the permittee;

(e)an undertaking signed by the proposed assignee stating that the assignee is willing to pay any security paid by the assignor when the permit was granted; and

(f)the assignment fee set out in Schedule 1 for a Type A or Type B permit.

(3)The Board shall not authorize an assignment of a permit until any required security has been posted by the assignee in accordance with subsection 32(4).

(4)After the effective date of an assignment, the federal Minister shall refund any original security deposit to the assignor.

Notice

39 #

(1)A direction, notice or order given to a permittee under these Regulations may be delivered or sent by registered mail to the permittee’s address stated in the application for the permit and shall be deemed to have been given to the permittee on the day on which it was delivered or three days after it was mailed, as the case may be.

(2)Where a direction, notice or order is given to a permittee other than in writing, it shall forthwith be confirmed in writing.

(3)A permittee shall inform the Board of any change of address.

Public Register

40 #

(1)The Board shall keep a register in the form of

(a)a land-use ledger, listing each application received by the Board; and

(b)one or more files in respect of each application received by the Board.

(2)Each file referred to in subsection (1) shall contain

(a)a copy of the application and of all supporting documents;

(b)all records from any public hearing held in connection with the application;

(c)a copy of any permit issued in respect of the application and the reasons for the decision of the Board in respect of its issuance; and

(d)all correspondence and documents in respect of compliance with the conditions of any permit issued in respect of the application.

(3)[Repealed, SOR/2013-166, s. 23] (repealed)

Fees

41 #

Subject to section 20, the amounts set out in column 2 of Schedule 1 are payable in respect of the fees described in column 1 of that Schedule.^note

Transitional

42 #

Before the coming into force of section 99 of the Act, these Regulations do not apply to a use of land in an area outside a settlement area.

43 #

For the purposes of these Regulations, before the coming into force of section 99 of the Act, where a use of land is to take place in more than one settlement area or in a settlement area and an area outside any settlement area, a reference to “Board” shall be read

(a)in respect of any part of the land within the settlement area to which the Gwich’in Agreement applies, as a reference to the Gwich’in Land and Water Board; and

(b)in respect of any part of the land within the settlement area to which the Sahtu Agreement applies, as a reference to the Sahtu Land and Water Board.

^note

Coming into Force

*44 #

These Regulations come into force on the day on which Part 3 of the Act comes into force.

Schedule 1 · (Subsection 19(3), section 20, subsection 38(2) and section 41)

Schedule 2/ANNEXE 2 · (Subsection/paragraphe 19(2))

1 | Applicant’s name and mailing address - Nom et adresse postale du demandeur | Fax no. - No de télécopieurTelephone no. - No de téléphone2 | Head office address - Adresse du siège social | Fax no. - No de télécopieurField supervisor - Chef de chantier | Email address - Adresse courriel | Telephone no. - No de téléphone3 | Other personnel (subcontractor, contractors, company staff etc.) - Autre personnel (sous-traitants, entrepreneurs, personnel de société, etc.)Total number of persons on site - Nombre total de personnes sur le chantier4 | Eligibility - Conditions d’obtention(Refer to section 18 of the Mackenzie Valley Land Use Regulations. - Consulter l’article 18 du Règlement sur l’utilisation des terres de la vallée du Mackenzie.)(a)(i) ☐ a)(i) | (a)(ii) ☐ a)(ii) | (a)(iii) ☐ a)(iii) | (b) ☐ b)5 | Other rights, licences or permits related to this permit application (mineral rights, timber permits, water licences, etc.) - Autres droits, autorisations ou permis associés à cette demande de permis (droits miniers, permis de coupe, permis d’utilisation des eaux, etc.)6 | a)Summary of operation (describe purpose, nature and location of all activities) (Provide details on a separate page, if necessary)(Refer to paragraph 19(3)(b) of the Mackenzie Valley Land Use Regulations.)Résumé du projet (exposer le but, la nature et l’emplacement de tous les travaux) (Au besoin, utiliser une autre page.)(Consulter l’alinéa 19(3)b) du Règlement sur l’utilisation des terres de la vallée du Mackenzie.)b)Indicate if a camp is to be set up. If yes, indicate size of camp or describe camp. (Provide details on a separate page, if necessary.)Indiquer si un camp doit être aménagé. Si oui, indiquer sa dimension ou le décrire. (Au besoin, utiliser une autre page.)7 | Summary of potential environmental and resource impacts and mitigation measures (describe the effects of the proposed land-use operation on land, water, flora and fauna and related socio-economic impacts). (Use separate page if necessary.)Résumé des mesures d’atténuation et des répercussions possibles sur l’environnement et les ressources (décrire les effets du projet sur les terres, l’eau, la flore et la faune et les répercussions socio-économiques connexes). (Au besoin, utiliser une autre page.)8 | Proposed restoration plans (Use a separate page if necessary) - Plans proposés de remise en état des terres (Au besoin, utiliser une autre page.)Roads - RoutesIs this to be a pioneered road?(Provide details on a separate page.)☐Une route doit-elle être aménagée?(Donner les détails sur une autre page.) | ☐ Has the route been laid out or ground truthed?Le tracé a-t-il été établi ou le terrain nivelé?9 | Proposed disposal methods - Méthodes d’élimination proposéesa)Garbage - Orduresb)Sewage (Sanitary and grey water) - Eaux usées (eaux d’égout et eaux ménagères)c)Brush & trees - Broussailles et arbresd)Overburden (Organic soils, waste material, etc.) - Terrain de recouvrement (dépôts organiques, déchets, etc.)10 | Equipment (includes drills, pumps, etc.) (Use separate page if necessary.)Matériel (y compris foreuses, pompes, etc.) (Au besoin, utiliser une autre page.)Number - Nombre | Type and Size - Type et dimensions | Proposed use - Utilisation proposée | | | | 11 | Fuels - Combustibles | Number of containers - Nombre de réservoirs | Capacity of containers - Capacité des réservoirs | Location - EmplacementDiesel | | | Gasoline - Essence | | | Aviation Fuel - Carburant aviation | | | Propane | | | Other - Autre | | | 12 | Containment fuel spill contingency plans (attach separate contingency plan if necessary)Plans d’urgence de confinement de combustible en cas de déversement (au besoin, joindre un plan d’urgence distinct)13 | Methods of fuel transfer (to other tanks, vehicles, etc.) - Méthodes de transfert des combustibles (à d’autres réservoirs, véhicules, etc.)14 | Period of operation (includes time to cover all phases of project work applied for, including restoration)Durée du projet (comprend toute période du début à la fin des travaux, y compris la remise en état)15 | Period of permit (up to five years, with maximum of two years of extension)Période du permis (valide jusqu’à concurrence de cinq ans et prolongation maximale de deux ans) | Start DateDate du début | Completion DateDate d’achèvement16 | Location of activities by map coordinates (attach maps and sketches)Emplacement des travaux selon les coordonnées géographiques (joindre cartes et esquisses)Minimum latitude (degree, minute)Latitude minimale (degré, minute) | Maximum latitude (degree, minute)Latitude maximale (degré, minute)Minimum longitude (degree, minute)Longitude minimale (degré, minute) | Maximum longitude (degree, minute)Longitude maximale (degré, minute)Map Sheet no.No de feuille de carte17 | Applicant - DemandeurPrint name in full, in upper case - Nom complet en majuscules | Signature | Date18 | Application fees for Type A or Type B permit + Land-use fees for federal public lands / Droits de demande de permis de Type A ou de Type B + droits d’utilisation des terres domaniales fédérales | a)Application fees for Type A or Type B permit (include the first two hectares) - $150.00 / Droits de demande de permis de Type A ou de Type B (couvrent les deux premiers hectares) - 150,00 $ | $$AND / ETb)Land-use fees for federal public lands : / Droits d’utilisation des terres domaniales fédérales :If more than two hectares of federal public lands are being used, enter the number of hectares in excess of the two hectares included in the Application fee / Si plus de deux hectares de terres domaniales fédérales sont utilisés, entrez le nombre d’hectares excédant les deux hectares inclus dans les droits de demande de permis hectares at $50.00/hectare / hectares à 50,00 $/hectare | $$Total fees - Total des droits | $$

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.