Territorial Land Use Regulations
1 [Repealed, SOR/2003-126, s. 4]
2 In these Regulations,
Act means the Territorial Lands Act; (Loi)
- Class A Permit
Class A Permit means a permit issued pursuant to section 25; (permis de catégorie A)
- Class B Permit
Class B Permit means a permit issued pursuant to section 27; (permis de catégorie B)
crossing means any bridge, causeway or structure or any embankment, cutting, excavation, land clearing or other works used or intended to be used to enable persons, vehicles or machinery to cross any stream, highway or road; (passage)
- district oil and gas conservation engineer
district oil and gas conservation engineer means a conservation engineer appointed pursuant to the Oil and Gas Production and Conservation Act; (ingénieur de district pour la conservation du pétrole et du gaz)
- Dominion Geodesist
Dominion Geodesist means the Dominion Geodesist and Director of the Geodetic Survey, in the Department of Energy, Mines and Resources; (géodésien fédéral)
engineer means, with respect to particular lands, the engineer designated by the Minister pursuant to section 4 to serve the area in which the lands are located; (ingénieur)
- geophysical survey
geophysical survey means any investigation carried out on the surface of the ground to determine the nature and structure of the subsurface; (levé géophysique)
inspector means an inspector designated by the Minister pursuant to section 5; (inspecteur)
- land use operation
land use operation means any work or undertaking on territorial lands that requires a permit; (exploitation des terres)
- letter of clearance
letter of clearance means a letter issued by the engineer pursuant to section 37; (lettre d’acquittement)
line means a route used to give surface access to any land for the purpose of carrying out a geophysical, geological or engineering survey; (ligne de levé)
man-day, with respect to the use of a campsite, means the use of that campsite by one person for 24 hours; (jour-homme)
Minister means the Minister of Indian Affairs and Northern Development; (ministre)
monument means any post, stake, peg, mound, pit, trench or any other object, thing or device used to officially mark the boundary of any surveyed lands, or placed or established for any topographic, geodetic or cadastral purpose; (borne-signal)
permit means a Class A Permit or a Class B Permit; (permis)
permittee means the holder of a permit and includes a person engaged in a land use operation or anyone employed by a permittee to conduct a land use operation; (détenteur de permis)
- rig release date
rig release date means the date on which, in the opinion of a district oil and gas conservation engineer, a well drilled for the purpose of discovering or producing oil and gas has been properly terminated; (date de renvoi de l’équipe)
- rock trenching
rock trenching means any excavation carried out on a mineral claim for the purpose of obtaining geological information; (forage dans le roc)
spud-in means the initial penetration of the ground for the purpose of drilling an oil or gas well; (percée)
stream means any lake, river, pond, swamp, marsh, channel, gully, coulee or draw that continuously or intermittently contains water; (cours d’eau)
- Surveyor General
Surveyor General means the Surveyor General as defined in the Canada Lands Surveys Act; (arpenteur général)
- territorial lands
territorial lands[Repealed, SOR/2016-132, s. 1]
- SOR/88-169, s. 1;
- 1998, c. 14, s. 101(F);
- SOR/2003-126, s. 5;
- SOR/2016-132, s. 1.
Establishment of Land Management Zones
3 The following lands are set apart and appropriated as land management zones, and these Regulations apply in those zones:
(a) the areas of the Northwest Territories that are under the control, management and administration of the Minister and that are not part of the Mackenzie Valley unless otherwise provided for in the Mackenzie Valley Resource Management Act; and
(b) the areas of Nunavut that are under the control, management and administration of the Minister.
- SOR/2003-126, s. 6;
- SOR/2016-132, s. 3.
Designation of Engineers
4 The Minister may designate any officer of the Department of Indian Affairs and Northern Development as an engineer for the purposes of these Regulations.
- SOR/82-217, s. 1;
- SOR/88-169, s. 2.
Designation of Inspectors
5 The Minister may designate any person as an inspector for the purposes of these Regulations.
Exemption from Regulations
6 These Regulations do not apply to
(a) anything done by a resident of the Northwest Territories or Nunavut in the normal course of hunting, fishing or trapping;
(b) anything done in the course of prospecting, staking or locating a mineral claim unless it requires a use of equipment or material that normally requires a permit;
(c) lands whose surface rights have all been disposed of by the Minister; and
(d) and (e) [Repealed, SOR/2003-126, s. 7]
(i) a land-use operation authorized by a permit issued under these Regulations prior to the coming into force of Part 3 of that Act,
(ii) a land-use operation for which an application for a permit under these Regulations was pending on the coming into force of Part 3 of that Act, and
(iii) a land-use operation in respect of which an application is made under section 156 of that Act.
- SOR/88-169, s. 3;
- SOR/98-430, s. 1;
- SOR/2003-126, s. 7;
- SOR/2016-132, s. 4.
7 A person shall not engage in a land use operation except in accordance with these Regulations, the Mackenzie Valley Resource Management Act, the Nunavut Waters and Nunavut Surface Rights Tribunal Act and any regulations made under those Acts.
- SOR/2016-132, s. 5.
8 No person shall, without a Class A Permit, carry on any work or undertaking on territorial lands that involves
(a) the use, in any 30-day period, of more than 150 kg of explosives;
(b) the use, except on a public road or trail maintained wholly or in part by federal funds, of any vehicle that exceeds 10 t net vehicle weight;
(c) the use of any power driven machinery for earth drilling purposes whose operating weight, excluding the weight of drill rods or stems, bits, pumps and other ancillary equipment, exceeds 2.5 t;
(d) the establishment of any campsite that is to be used for more than 400 man-days;
(e) the establishment of any petroleum fuel storage facility exceeding 80 000 l capacity or the use of a single container for the storage of petroleum fuel that has a capacity exceeding 4 000 l;
(f) the use of any self-propelled power driven machine for moving earth or clearing land of vegetation;
(g) the use of any stationary power driven machine for hydraulic prospecting, moving earth or clearing land, other than a power saw; or
(h) the levelling, grading, clearing, cutting or snowploughing of any line, trail or right-of-way exceeding 1.5 m in width and exceeding 4 ha in area.
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