Indian Reserve Waste Disposal Regulations (C.R.C., c. 960)

Regulations are current to 2017-11-20

Indian Reserve Waste Disposal Regulations

C.R.C., c. 960

INDIAN ACT

Regulations Respecting Waste Disposal in Indian Reserves

Short Title

 These Regulations may be cited as the Indian Reserve Waste Disposal Regulations.

Interpretation

 In these Regulations,

Minister

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

permit

permit means a permit issued pursuant to section 5; (permis)

reserve

reserve means a reserve as defined in the Indian Act; (réserve)

waste

waste includes garbage, liquid and semi-liquid substances, land-fill and scrap of all kinds and any combinations of any of the foregoing. (déchets)

Prohibitions Respecting the Disposal or Storage of Waste

 No person shall

  • (a) operate a garbage dump in a reserve, or

  • (b) use any land in a reserve for the disposal or storage of waste

except under the authority of a permit issued pursuant to paragraph 5(a) or (b) and in the manner specified in the permit.

 No Indian who is lawfully in possession of any lands in a reserve and no person to whom reserve lands have been leased or who lawfully occupies, uses, resides or otherwise exercises rights on land in a reserve shall permit any person to operate on that land a garbage dump or use any part of that land for the disposal or storage of waste unless a permit to carry on that action on that land has been issued pursuant to paragraph 5(a) or (b) and is still valid.

Permits

 The Minister or the council of a band, if authorized by the Minister pursuant to section 8, may issue to any person a permit authorizing that person

  • (a) to operate a garbage dump in a reserve;

  • (b) to use land in a reserve for the disposal or storage of waste; or

  • (c) to burn waste on any land in a reserve.

 A permit shall

  • (a) specify the land in respect of which the permit is issued; and

  • (b) specify the manner in which the activity authorized therein shall be exercised.

 Subject to section 11, a permit shall expire on December 31st next following the date of issue thereof.

 The Minister may, in writing, authorize the council of any band to issue a permit in respect of land in the reserve of that band and shall, in the authorization, specify the manner in which the activity to be authorized in the permit shall be exercised.

 The revocation of an authorization given by the Minister pursuant to section 8 does not affect the validity of any permit issued under that authorization.

Burning of Waste Prohibited

 No person shall burn any waste on any land in a reserve except under the authority of a permit issued pursuant to paragraph 5(c).

Orders and Cancellation of Permits

 If the holder of a permit issued pursuant to section 5

  • (a) operates a garbage dump in a reserve,

  • (b) uses land in a reserve for the disposal or storage of waste, or

  • (c) burns waste on any land in a reserve,

other than in the manner specified in the permit, the Minister or the council of the band, whoever issued the permit, may cancel the permit and order the holder of the permit to close and clean up the garbage dump or to clean up the land in the reserve, as may be applicable, in a manner satisfactory to the Minister or the council.

Violation of Sections 3 and 10

 Where a person is convicted of

  • (a) operating a garbage dump in a reserve or using land in a reserve for the disposal or storage of waste except under the authority of a permit issued pursuant to paragraph 5(a) or (b), or

  • (b) burning waste on land in a reserve except under the authority of a permit issued pursuant to paragraph 5(c),

the Minister may order that person to close and clean up the garbage dump or to clean up the land, as may be applicable, in a manner satisfactory to the Minister.

Compliance with Orders

 Any person who has been ordered by the Minister or the council of a band to do anything pursuant to section 11 or section 12 shall comply with that order without delay.

Penalties

 Every person who violates these Regulations is liable on summary conviction to a fine not exceeding $100 or to imprisonment for a term not exceeding three months, or to both.

 
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