Territorial Lands Act (R.S.C., 1985, c. T-7)

Act current to 2016-06-06 and last amended on 2014-04-01. Previous Versions

Territorial Lands Act

R.S.C., 1985, c. T-7

An Act respecting Crown lands in the Northwest Territories and Nunavut

Short Title

Marginal note:Short title

 This Act may be cited as the Territorial Lands Act.

  • R.S., c. T-6, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

Crown

Couronne

Crown means Her Majesty in right of Canada; (Couronne)

grant

concession

grant means letters patent under the Great Seal, a notification and any other instrument by which territorial lands may be granted in fee simple or for an equivalent estate; (concession)

judge of the Court

juge

judge of the Court means, in relation to any matter arising in the Yukon Territory, a judge of the Supreme Court of the Yukon Territory, in relation to any matter arising in the Northwest Territories, a judge of the Supreme Court of the Northwest Territories, and, in relation to any matter arising in Nunavut, a judge of the Nunavut Court of Justice; (juge)

land

terre

land includes mines, minerals, easements, servitudes and all other interests in real property; (terre)

Minister

ministre

Minister means the Minister of Indian Affairs and Northern Development or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; (ministre)

notification

notification

notification means a direction in a form prescribed by the Governor in Council pursuant to paragraph 23(k) and issued pursuant to subsection 9(2); (notification)

penalty

pénalité

penalty means an administrative monetary penalty imposed under this Act for a violation; (pénalité)

permit

permis

permit means a permit issued under this Act; (permis)

territorial lands

terres territoriales

territorial lands means lands, or any interest in lands, in the Northwest Territories or Nunavut that are vested in the Crown or of which the Government of Canada has power to dispose. (terres territoriales)

timber

timber[Repealed, 2002, c. 7, s. 239]

  • R.S., 1985, c. T-7, s. 2;
  • 1993, c. 28, s. 78;
  • 1999, c. 3, s. 83;
  • 2002, c. 7, s. 239;
  • 2014, c. 2, s. 74.

Application

Marginal note:Application
  •  (1) Subject to subsection (2), this Act applies only in respect of territorial lands under the administration of the Minister.

  • Marginal note:Nunavut

    (2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of Nunavut.

  • Marginal note:Application of certain Acts

    (3) Nothing in this Act shall be construed as limiting the operation of the Dominion Water Power Act or the Canada National Parks Act.

  • (4) [Repealed, 2002, c. 7, s. 240]

  • R.S., 1985, c. T-7, s. 3;
  • R.S., 1985, c. 7 (3rd Supp.), s. 2;
  • 1991, c. 50, s. 45;
  • 1993, c. 28, s. 78, c. 41, s. 13;
  • 2000, c. 32, s. 66;
  • 2002, c. 7, s. 240;
  • 2014, c. 2, s. 29.

Land Management Zones

Marginal note:Land management zones

 Subject to section 6, the Governor in Council may, where the Governor in Council deems it necessary for the protection of the ecological balance or physical characteristics of any area in the Northwest Territories or Nunavut, set apart and appropriate any territorial lands in that area as a land management zone.

  • R.S., 1985, c. T-7, s. 4;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 241.
Marginal note:Regulations concerning zones

 Subject to section 6, the Governor in Council may make regulations respecting

  • (a) the protection, control and use of the surface of land in a land management zone set apart and appropriated under section 4; and

  • (b) the issue of permits for the use of the surface of land in a land management zone, the terms and conditions of those permits and the fees therefor.

  • R.S., c. 48(1st Supp.), s. 24.
Marginal note:Consultation

 The Governor in Council may exercise the powers mentioned in sections 4 and 5 only after consultation with the Legislative Assembly of the Northwest Territories or Nunavut, as the case may be, or — if it considers that consultation to be impracticable — after consultation with each of the members of the relevant Legislative Assembly with whom consultation can be effected.

  • R.S., 1985, c. T-7, s. 6;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 242;
  • 2014, c. 2, s. 30.
Marginal note:Principal offences
  •  (1) Every person is guilty of an offence who

    • (a) contravenes any regulation made under section 5; or

    • (b) fails to comply with any term or condition of a permit issued under such a regulation.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1) is liable on summary conviction,

    • (a) for a first offence, to a fine not exceeding $100,000; and

    • (b) for a second or subsequent offence, to a fine not exceeding $200,000.

  • Marginal note:Continuing offences

    (2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

  • R.S., 1985, c. T-7, s. 7;
  • 2014, c. 2, s. 75.

Sale or Lease of Territorial Lands

Marginal note:Authorizing sale, lease, etc.

 Subject to this Act, the Governor in Council may authorize the sale, lease or other disposition of territorial lands and may make regulations authorizing the Minister to sell, lease or otherwise dispose of territorial lands subject to such limitations and conditions as the Governor in Council may prescribe.

  • R.S., c. T-6, s. 4.
Marginal note:Interpretation
  •  (1) In this section, the expressions certificate of title and registrar have the meanings assigned by any law of the Legislature of the Northwest Territories or for Nunavut, as the case may be, in respect of title to real property.

  • Marginal note:Issue of notification

    (2) A notification may be issued to a registrar directing the registrar to issue a certificate of title to a person named therein in respect of territorial lands described therein that are within the registration district administered by the registrar.

  • Marginal note:Execution of notification

    (3) A notification pursuant to subsection (2) shall be signed and issued,

    • (a) in the case of territorial lands described in subsection 3(1), by the Minister, the Deputy Minister or any other officer of the Department authorized in writing for that purpose by the Minister; and

    • (b) in the case of territorial lands described in subsection 3(2), by the Commissioner of Nunavut.

  • Marginal note:Effect of issue of notification

    (4) The issue of a notification pursuant to subsection (2) has the same force and effect as a grant of territorial land made by letters patent under the Great Seal.

  • Marginal note:Notification to set out nature of grant

    (5) A notification shall set out the nature of the estate thereby granted and any easements, rights or other interests excepted or reserved therefrom.

  • R.S., 1985, c. T-7, s. 9;
  • 1993, c. 28, s. 78, c. 41, s. 14;
  • 2002, c. 7, s. 243;
  • 2014, c. 2, s. 31.
 
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