Indian Reserve Waste Disposal Regulations
C.R.C., c. 960
Regulations Respecting Waste Disposal in Indian Reserves
2. In these Regulations,
“Minister” means the Minister of Indian Affairs and Northern Development; (ministre)
“permit” means a permit issued pursuant to section 5; (permis)
“reserve” means a reserve as defined in the Indian Act; (réserve)
“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
3. 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.
4. 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.
5. 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.
6. 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.
7. Subject to section 11, a permit shall expire on December 31st next following the date of issue thereof.
8. 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.
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