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

1 [Repealed, SOR/2003-126, s. 4]

Interpretation

2 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[Repealed, SOR/2016-132, s. 1]

Establishment of Land Management Zones

3 The following lands are set apart and appropriated as land management zones, and these Regulations apply in those zones:

• (a) the areas of the Northwest Territories that are under the control, management and administration of the Minister and that are not part of the Mackenzie Valley unless otherwise provided for in the Mackenzie Valley Resource Management Act; and

• (b) the areas of Nunavut that are under the control, management and administration of the Minister.

Designation of Engineers

4 The Minister may designate any officer of the Department of Indian Affairs and Northern Development as an engineer for the purposes of these Regulations.

Designation of Inspectors

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

Exemption from Regulations

6 These Regulations do not apply to

• (a) anything done by a resident of the Northwest Territories or Nunavut 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.

7 A person shall not engage in a land use operation except in accordance with these Regulations, the Mackenzie Valley Resource Management Act, the Nunavut Waters and Nunavut Surface Rights Tribunal Act and any regulations made under those Acts.

Prohibitions

8 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.

9 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.

10 No permittee shall, unless expressly authorized in his permit or expressly authorized in writing by an inspector,

• (a) conduct a land use operation within 30 m of a known monument or a known or suspected historic or archaeological site or burial site;

• (b) when excavating territorial land within 100 m of any stream, excavate at a point that is below the normal high water mark of that stream;

• (c) deposit on the bed of any stream any excavated material; or

• (d) when placing a fuel or supply cache within 100 m of any stream, place the fuel or supply cache below the normal high water mark of that stream.

Small Fuel Caches

11 Every person who establishes a fuel cache of more than 400 l and less than 4 000 l on territorial land for which a permit is not required shall, within 30 days of the establishment thereof, notify the engineer in writing, giving details of the cache including the amount and type of fuel, size of containers and method of storage and proposed date of removal of the cache.

Excavation

12 Subject to the terms and conditions of his permit or the express written authority of an inspector, every permittee shall replace all materials removed by him in the course of excavating, other than rock trenching, and shall level and compact the area of the excavation.

Water Crossings

• 13 (1) Subject to the terms and conditions of his permit or the express written authority of an inspector, every permittee shall

  • (a) remove any material or debris deposited in any stream in the course of a land use operation, whether for the purpose of constructing a crossing or otherwise, and

  • (b) restore the channel and bed of the stream to their original alignment and cross-section,

  prior to the completion of the land use operation or prior to the commencement of spring break-up, whichever occurs first.

• (2) Subsection (1) does not permit any person to deposit any material or debris in a stream contrary to the Fisheries Act, the Mackenzie Valley Resource Management Act, the Nunavut Waters and Nunavut Surface Rights Tribunal Act or any regulations made under those Acts.

Clearing of Lines, Trails or Rights-of-way

• 14 (1) Unless expressly authorized in a permit, no permittee shall

  • (a) clear a new line, trail or right-of-way where there is an existing line, trail or right-of-way that he can use;

  • (b) clear a line, trail or right-of-way wider than 10 m; or

  • (c) while clearing a line, trail or right-of-way, leave leaners or debris in standing timber.

• (2) Where, in the opinion of an inspector, serious erosion may result from a land use operation, the permittee shall adopt such measures to control erosion as may be required by the inspector.

Monuments

• 15 (1) Where a boundary monument is damaged, destroyed, moved or altered in the course of a land use operation, the permittee shall

  • (a) report the fact immediately to the Surveyor General and pay to the Surveyor General the costs of

    • (i) investigating such damage, destruction, movement or alteration, and

    • (ii) restoring or re-establishing the monument to its original condition or its original place; or

  • (b) with the prior written consent of the Surveyor General, cause the monument to be restored or re-established at his own expense.

• (2) Where a topographic or geodetic monument is damaged, destroyed or altered in the course of a land use operation, the permittee shall

  • (a) report the fact immediately to the Dominion Geodesist, and pay to the Dominion Geodesist the costs described in subparagraphs (1)(a)(i) and (ii); or

  • (b) with the prior written consent of the Dominion Geodesist, cause the monument to be restored or re-established at his own expense.

• (3) The restoration or re-establishment of a monument pursuant to subsection (1) or (2) shall be carried out in accordance with instructions from the Surveyor General or Dominion Geodesist, as the case may be.

Historic or Archaeological Sites and Burial Sites

16 If, in the course of a land use operation, a suspected historic or archaeological site or burial site is unearthed or otherwise discovered, the permittee shall immediately

• (a) suspend the land use operation on the site; and

• (b) notify the engineer or an inspector of the location of the site and the nature of any unearthed materials, structures or artifacts.

Campsites

• 17 (1) Subject to the terms and conditions of his permit, every permittee shall dispose of all garbage, waste and debris from any campsite used in connection with a land use operation by removal, burning or burial or by such other method as may be directed by an inspector.

• (2) Sanitary sewage produced in connection with land use operations shall be disposed of in accordance with the Public Health Act, R.S.N.W.T. 1988, c. P-12, and any regulations and orders made under that Act.