Territorial Land Use Regulations (C.R.C., c. 1524)

Regulations are current to 2016-02-03

Territorial Land Use Regulations

C.R.C., c. 1524

TERRITORIAL LANDS ACT

Territorial Land Use Regulations

 [Repealed, SOR/2003-126, s. 4]

Interpretation

 In these Regulations,

Act

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

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

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

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

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

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

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

monument

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

permit means a Class A Permit or a Class B Permit; (permis)

permittee

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

spud-in means the initial penetration of the ground for the purpose of drilling an oil or gas well; (percée)

stream

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 means lands in the Northwest Territories that are vested in the Crown or of which the Government of Canada has power to dispose and that are under the control, management and administration of the Minister. (terres territoriales)

  • SOR/88-169, s. 1;
  • 1998, c. 14, s. 101(F);
  • SOR/2003-126, s. 5.

Establishment of Land Management Zones

 The Northwest Territories is hereby set apart and appropriated as a land management zone.

  • SOR/2003-126, s. 6.

Designation of Engineers

[SOR/82-217, s. 1]

 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

 The Minister may designate any person as an inspector for the purposes of these Regulations.

Exemption from Regulations

 These Regulations do not apply to

  • (a) anything done by a resident of the Northwest Territories 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]

  • (f) land-use operations in the Mackenzie Valley, as that area is defined in section 2 of the Mackenzie Valley Resource Management Act, other than

    • (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.

 No person shall engage in a land use operation except in accordance with these Regulations and the Northern Inland Waters Act and regulations made thereunder.

Prohibitions

 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.

 No person shall, without a Class B Permit, carry on any work or undertaking on territorial lands that involves

  • (a) the use, in any 30-day period, of more than 50 kg but less 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 is more than 5 t but less than 10 t net vehicle weight, or the use of any vehicle of any weight that exerts pressure on the ground in excess of 35 k pa;

  • (c) the use of any power driven machinery for earth drilling purposes whose operating weight, excluding the weight of drill rods or stems and bits, pumps and other ancillary equipment, is more than 500 kg but less than 2.5 t;

  • (d) the establishment of any campsite that is to be used by more than two people for more than 100 but less than 400 man-days;

  • (e) the establishment of any petroleum fuel storage facility that has a capacity of more than 4 000 l but less than 80 000 l or the use of a single container for the storage of petroleum fuel that has a capacity of more than 2 000 l but less than 4 000 l; or

  • (f) the levelling, grading, clearing, cutting or snowploughing of any line, trail or right-of-way exceeding 1.5 m in width but not exceeding 4 ha in area.

 
Date modified: