Territorial Quarrying Regulations (C.R.C., c. 1527)

1 [Repealed, SOR/2016-131, s. 2]

Interpretation

2 In these Regulations,

carving stone

carving stone means serpentinite, argillite or soapstone that is suitable for carving; (pierre à sculpter)

Crown

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

Department

Department means the Department of Indian Affairs and Northern Development; (Ministère)

director

director[Repealed, SOR/2016-131, s. 3]

dues

dues[Repealed, SOR/2016-131, s. 3]

loam

loam means soil containing a mixture of sand, silt, clay and decomposed plant matter; (terreau)

material

material means carving stone, loam or any naturally occurring inorganic substance used in construction, including gravel, sand, stone, limestone, granite, slate, marble, gypsum, shale, clay, marl and volcanic ash; (matière)

Minister

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

permit

permit means a valid and subsisting permit issued under these Regulations; (permis)

permittee

permittee means the holder of a permit; (titulaire de permis)

territorial land agent

territorial land agent means a person designated by the Minister to perform the duties of territorial land agent under these Regulations and the Territorial Lands Regulations for a land district established under the Territorial Lands Act; (agent des terres territoriales)

territorial lands

territorial lands[Repealed, SOR/2003-116, s. 17]

Application

3 These Regulations apply only to territorial lands under the control, management and administration of the Minister.

3.1 In Nunavut, a permit or lease authorizing the quarrying of carving stone on Crown lands for carving purposes, or for the disposal of carving stone for carving purposes, may only be granted to a Designated Inuit Organization, in accordance with the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada.

Staking

• 4 (1) A person who desires to obtain a lease of territorial lands for the purpose of taking material from those lands shall stake those lands in the manner prescribed in this section.

• (2) In the case of loam, the area staked shall not exceed 8.1 hectares, and in the case of any other material, the area shall not exceed 64.8 hectares.

• (2.1) The length of the area staked shall not exceed twice its width.

• (3) The area staked shall be rectangular in form except where a boundary of a previously staked tract is adopted as common to both areas.

• (4) The land shall be marked by the applicant with posts firmly fixed in the ground, one at each corner; in areas where there is no timber, rock cairns may be used in lieu of posts.

• (5) Each post shall be at least 10 centimetres square and when firmly planted shall be at least 1.2 metres above the ground.

• (6) Each post shall bear markings showing the number of the post, the name of the applicant, the date of staking and the type of material to be removed.

• (7) If a rock cairn is used, it shall be well constructed and at least 60 centimetres high and 60 centimetres in diameter at the base. A metal container shall be built into the cairn and shall contain a document bearing the number of the cairn, the name of the applicant, the date of staking and the type of material to be removed.

• (8) In a timbered area, the lines between the posts shall be clearly marked.

• (9) The applicant shall post a written or printed notice on a post or in a cairn setting out their intention to apply for a lease within the time prescribed by these Regulations.

• (10) If two or more persons apply for the same area, the person who first staked the area in accordance with these Regulations shall be entitled to priority in respect of the issuance of a lease.

Leases

5 Territorial lands containing material may be leased by the Minister for the sole purpose of quarrying or removing material that is specified in the lease.

• 6 (1) An application for a lease shall be filed with the territorial land agent of the land district in which the land is situated within 30 days from the date upon which it was staked.

• (2) Every lease application shall be accompanied by the application fee set out in Schedule I and the rental for the first year of the lease at the rate set out in Schedule II.

• (3) Every application for a lease shall be in duplicate and shall contain

  • (a) a description by metes and bounds of the land applied for;

  • (b) the type of material that the applicant desires to remove from the area;

  • (c) a sketch showing clearly the position of the parcel in relation to a survey monument, prominent topographical feature or other known point and showing in its margin, copies of the markings on the posts or cairns; and

  • (d) an affidavit by the applicant setting forth

    • (i) that they have complied with all the provisions of these Regulations, and

    • (ii) that the land contains material of the type applied for in merchantable quantities.

7 The term of a lease shall not exceed 10 years.

8 A lessee shall, within such time from the date of the lease as the Minister may fix, commence the removal of the material or materials in merchantable quantities from the area under lease and shall continue the removal of materials to an extent and in a manner satisfactory to the Minister.

Renewal of Lease

9 Where, in the opinion of the Minister, the lessee has complied with the terms of their lease and these Regulations, the Minister may renew the lease for a further term not exceeding 10 years.

Loam, Sand, Gravel and Stone for Use of Residents

• 10 (1) Subject to subsection (2), any person resident in the Northwest Territories or Nunavut may, without any charge or permit, take from territorial lands in any calendar year not more than

  • (a) 10 cubic metres of loam; and

  • (b) 40 cubic metres of sand, gravel or stone.

• (2) Subsection (1) applies only if

  • (a) no interest in the surface rights of the affected lands has been licensed, leased or otherwise disposed of by the Crown; and

  • (b) the material taken is for the taker’s own use but not for barter or sale.

11 [Repealed, SOR/2016-131, s. 9]

Permits

• 12 (1) Any person may apply for a permit to take material from territorial lands by filing with a territorial land agent an application that

  • (a) is in the form prescribed by the Minister; and

  • (b) subject to subsection (2), is accompanied by payment of the application fee set out in Schedule I and the royalties payable under section 14.

• (2) There is no application fee and no royalty payable by any of the following persons or entities:

  • (a) a department of the Government of Canada;

  • (b) the Commissioner of the Northwest Territories;

  • (c) the Commissioner of Nunavut;

  • (d) any municipal district in the Northwest Territories or Nunavut;

  • (e) any educational, religious or charitable institution or hospital in the Northwest Territories or Nunavut.

• (2.1) On receipt of an application referred to in subsection (1), the territorial land agent shall issue to the applicant a permit for a period based on the estimated dates of commencement and completion as set out in the permit application but not exceeding three years.

• (3) Despite subsection (2.1), a permit expires on the day on which the quantity of material mentioned in the permit has been quarried and removed.

• (4) A permit shall not be assigned.

• (5) If a permittee has not complied with these Regulations or the conditions of their permit, the Minister may cancel the permit.

Reservations

• 13 (1) Where the area under a lease or permit issued pursuant to these Regulations is subject to an oil and gas permit or lease, or a recorded mineral claim, the lease or permit shall not authorize entry upon such area without first obtaining the permission of the Minister.

• (2) The Minister may grant such permission subject to such conditions for the protection of the holder of the terminable grant as may be considered necessary.

Fees and Royalties

14 Except as provided in these Regulations, material taken by a lessee or permittee from lands described in a permit or lease is subject to the payment of royalties at the rates set out in Schedule II.

15 The fee set out in column II of an item of Schedule I is payable for the service set out in column I of that item.