Mackenzie Valley Land Use Regulations (SOR/98-429)

Regulations are current to 2017-11-20 and last amended on 2017-06-20. Previous Versions

 Where an application for a permit is returned under paragraph 22(1)(a) or 23(a) or refused pursuant to paragraph 22(2)(d), subparagraph 23(b)(ii) or section 24, the land-use fee submitted with the application shall be refunded to the applicant.

Conditions of Permits

  •  (1) The Board may include in a permit conditions respecting

    • (a) the location and area of lands that may be used in the land-use operation;

    • (b) the times at which any portion of a land-use operation may be carried on;

    • (c) the type and size of equipment that may be used in the land-use operation;

    • (d) methods and techniques to be employed by the permittee in carrying out the land-use operation;

    • (e) the type, location, capacity and operation of all facilities to be used by the permittee in the land-use operation;

    • (f) methods to be used to control or prevent ponding of water, flooding, erosion, slides and the subsidence of land;

    • (g) the use, storage, handling and ultimate disposal of any chemical or toxic material to be used in the land-use operation;

    • (h) protection of wildlife habitat and fish habitat;

    • (i) the storage, handling and disposal of refuse or sewage;

    • (j) protection of historic or archaeological sites and burial sites;

    • (k) protection of objects and places of recreational, scenic or ecological value;

    • (l) the posting of security in accordance with section 32;

    • (m) the establishment of petroleum fuel storage facilities;

    • (n) methods and techniques for debris and brush disposal;

    • (o) restoration of the lands;

    • (p) the display of permits and permit numbers; and

    • (q) any other matter in respect of the protection of the biological or physical characteristics of the lands.

  • (2) Subject to subsections (4) and (5), the Board may amend any of the conditions of a permit on receipt of a written request from the permittee setting out

    • (a) the conditions that the permittee wishes to have amended;

    • (b) the nature of the proposed amendment; and

    • (c) the reasons for the proposed amendment.

  • (3) Where the Board receives a request from a permittee pursuant to subsection (2), it shall notify the permittee of its decision, and of the reasons therefor, within 10 days after receipt of the request.

  • (4) Where a land use requested in a proposed amendment is not within the scope of the land use for which the permit was issued, the Board shall treat the request as an application for a new permit in accordance with sections 22 or 23.

  • (5) Subject to subsection (6), every permit shall set out the term for which it is valid, which term shall be based on the estimated dates of commencement and completion set out by the permittee in the permit application, but the term of a permit shall not exceed five years.

  • (6) On receipt of a written request from a permittee, prior to the expiration of the permit, for an extension of the term of the permit, the Board may extend the term of the permit for an additional period not exceeding two years, subject to any conditions referred to in subsection (1).

  • (7) Where a permit requires that the permittee hold a valid interest in land, the landowner shall notify the Board prior to the cancellation or expiration of that interest.

  • (8) Where an interest referred to in subsection (7) is cancelled or expires, the Board may cancel the permit.

  • SOR/2013-166, s. 15;
  • SOR/2016-128, ss. 12(E), 18(F).

Delegations to Board Employees

 For the purposes of section 70 of the Act, a Type B or Type C permit may be issued, amended or renewed, or its assignment approved, by an employee of the Board named in an instrument of delegation issued under that section.

  • SOR/2006-253, s. 10;
  • SOR/2016-128, s. 18(F).

Reports

 A permittee shall submit to the inspector or the Board, in a form and on a date satisfactory to the inspector or the Board, such reports as are requested by the inspector or the Board for the purpose of ascertaining the progress of the land-use operation.

  • SOR/2016-128, s. 18(F).

Final Plan

  •  (1) Subject to subsection (3), every permittee shall, within 60 days after the completion of a land-use operation or the expiration of the permit, whichever occurs first, submit a final plan in duplicate to the Board and, where the land-use operation was carried out on private lands, to the landowner thereof, showing

    • (a) the lands on which the land-use operation was conducted;

    • (b) the location of

      • (i) lines, trails, rights-of-way and cleared areas that were used by the permittee during the land-use operation, specifying those that were cleared by the permittee and those that existed before the operation began,

      • (ii) buildings, structures, campsites, air landing strips, air navigation aids, fuel and supply storage sites, waste disposal sites, excavations and other works and places that were constructed or used by the permittee in the land-use operation, and

      • (iii) bridges, dams, ditches, railroads, roads, transmission lines, pipelines, survey lines, monuments, air landing strips, watercourses, traplines and cabins and all other features or works that were affected by the land-use operation; and

    • (c) calculations of the area of the lands used in the land-use operation.

  • (2) A final plan submitted pursuant to subsection (1) shall be

    • (a) certified by the permittee, or by an agent of the permittee, as to the accuracy of

      • (i) locations, distances and areas, and

      • (ii) the representation of the land-use operation; or

    • (b) drawn from and accompanied by a detailed site survey, an aerial photograph or an image created using satellite or other imaging technology, showing the lands on which the land-use operation was conducted.

  • (3) On receipt of a written request from a permittee for an extension of time for the filing of a final plan, the Board may extend the time for filing the final plan by not more than 60 days.

  • (4) The Board shall reject any final plan that is not in compliance with this section and section 30.

  • (5) Within three weeks after receipt of written notice from the Board rejecting a plan, a permittee shall submit to the Board a new final plan that complies with this section and section 30.

  • (6) Notwithstanding the expiration or cancellation of a permit, the submission of a final plan or the giving of a notice of discontinuance under section 37, a permittee remains responsible for all obligations arising under the permit or under these Regulations until such time as the Board issues a letter of clearance pursuant to section 33.

  • SOR/2013-166, s. 16;
  • SOR/2016-128, s. 18(F).

Land Division and Plans

 A preliminary plan or final plan submitted under these Regulations shall

  • (a) be drawn on a scale that clearly shows the lands that the applicant for a permit proposes to use or that the permittee has used;

  • (b) show the scale to which the plan is drawn; and

  • (c) show locations by giving their geographic coordinates and specifying the reference system used to obtain those coordinates.

  • SOR/2013-166, s. 17;
  • SOR/2016-128, s. 13.

Determination of Land-Use Fee

  •  (1) Within 30 days after the Board has approved the final plan, a permittee shall submit to the Board calculations of any applicable land-use fee for federal public lands payable, based on the actual area of land used in the land-use operation.

  • (2) Where the calculated fee submitted under subsection (1) is less than the fee submitted with the application, the Board shall refund the difference to the permittee.

  • (3) Where the calculated fee submitted under subsection (1) is greater than the fee submitted with the application, the permittee shall submit payment for the amount of the deficiency with the calculations.

  • SOR/2006-253, s. 11;
  • SOR/2016-128, s. 18(F).
 
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