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

Restoration of Permit Area

18 Subject to the terms and conditions of his permit, every permittee shall, after completion of a land use operation, restore the permit area as nearly as possible to the same condition as it was prior to the commencement of the land use operation.

Removal of Buildings and Equipment

• 19 (1) Subject to subsections (2) and (3), every permittee shall, on completion of a land use operation, remove all buildings, machinery, equipment, materials and fuel drums or other storage containers used in connection with the land use operation.

• (2) A permittee may, with the prior written approval of the engineer, leave on territorial lands such buildings, equipment machinery and materials as the permittee deems may be required for future land use operations or other operations in the area, but any equipment, machinery or materials so left shall be stored in a manner, at a location and for a duration approved by the engineer.

• (3) Subject to any applicable mining legislation, a permittee may, without the prior approval of the engineer, leave diamond drill cores at a drill site on territorial lands.

Emergencies

20 Any person may, in an emergency that threatens life, property or natural environment, carry out such operation as he deems necessary to cope with the emergency, whether or not the operation is carried out in accordance with these Regulations or any permit that he may have and such person shall immediately thereafter send a written report to the engineer describing the duration, nature and extent of the operation.

Eligibility for a Permit

21 In order to be eligible for a permit, a person shall

• (a) where a right to search for, win or exploit minerals or natural resources is to be exercised by the carrying out of the land use operation authorized by the permit, be

  • (i) the holder of that right,

  • (ii) the manager of operations, where there is more than one holder of that right and such holders have entered into an exploration or operating agreement designating one of them as manager of operations, or

  • (iii) the person who contracts to have the land use operations carried out, where there is more than one holder of that right and they have not entered into an exploration or operating agreement designating one of them as manager of operations;

• (b) where no right to search for, win or exploit minerals or natural resources is to be exercised by the carrying out of the land use operation authorized by the permit, be the person who contracts to have the land use operation carried out; or

• (c) in any case not provided for in paragraph (a) or (b), be the person who is to carry out the land use operation.

Application for a Permit

• 22 (1) Any person who, in accordance with section 21, is eligible for a permit may submit to the engineer, in duplicate, an application for a permit in a form approved by the Minister.

• (2) Every permit application submitted pursuant to subsection (1) shall be accompanied by the application fee set out in Schedule I, the land use fee set out in Schedule II and a preliminary plan showing

  • (a) the lands proposed to be used and an estimate of their area; and

  • (b) the approximate location of all

    • (i) existing lines, trails, rights-of-way and cleared areas proposed to be used in the land use operation,

    • (ii) new lines, trails, rights-of-way and cleared areas proposed to be used in the land use operation,

    • (iii) buildings, campsites, air landing strips, air navigation aids, fuel and supply storage sites, waste disposal sites, excavations and other works and places proposed to be constructed or used during the land use operation, and

    • (iv) bridges, dams, ditches, railroads, highways and roads, transmission lines, pipelines, survey lines and monuments, air landing strips, streams and all other features, structures or works that, in the opinion of the applicant, may be affected by the land use operation.

• (3) For the purpose of calculating the land use fee payable where territorial lands are proposed to be used for a line, trail or right-of-way, the width of the line, trail or right-of-way shall, unless otherwise specified by the engineer in the permit, be deemed to be 10 m.

• 23 (1) The engineer may, before issuing a permit,

  • (a) order an inspection of the lands proposed to be used thereunder; and

  • (b) require an applicant for a permit to provide him with such information and data concerning the proposed use of the lands and the physical and biological characteristics thereof as will enable the engineer to evaluate any quantitative and qualitative effects of the proposed land use operation.

• (2) Where an inspector makes an inspection pursuant to an order of the engineer under paragraph (1)(a), he shall investigate and report to the engineer particulars of

  • (a) the existing biological and physical characteristics of the lands proposed to be used and the surrounding lands;

  • (b) any disturbance that the proposed land use operation may cause on the lands proposed to be used and the surrounding lands and the biological characteristics thereof; and

  • (c) the manner in which the disturbance referred to in paragraph (b) may be minimized and controlled.

• (3) The engineer may, where he deems it necessary or when requested to do so by an applicant, inform the applicant of the nature of an inspector’s report referred to in subsection (2).

24 Where the engineer receives an application for a Class A Permit that is not made in accordance with these Regulations, he shall, within 10 days thereafter, notify the applicant in writing that his application cannot be accepted and give the reasons therefor.

• 25 (1) The engineer shall, within 10 days after receipt of an application for a Class A Permit made in accordance with these Regulations,

  • (a) issue a Class A Permit subject to any terms and conditions he may include therein pursuant to subsection 31(1);

  • (b) notify the applicant that further time is required to issue a permit and give the reasons therefor;

  • (c) notify the applicant in writing that he has ordered further studies or investigations to be made respecting the lands proposed to be used and state the reasons therefor; or

  • (d) refuse to issue a permit and notify the applicant in writing of his refusal and the reasons therefor.

• (2) Where the engineer has notified an applicant that further time is required to issue a permit pursuant to paragraph (1)(b), he shall, within 42 days after the date of receipt of the application, comply with paragraph (1)(a), (c) or (d).

• (3) Where the engineer has notified an applicant that he has ordered further studies or investigations to be made pursuant to paragraph (1)(c), he shall, within 12 months after the date of receipt of the application, comply with paragraph (1)(a) or (d).

26 Where the engineer receives an application for a Class B Permit that is not made in accordance with these Regulations, he shall, within three days thereafter, notify the applicant in writing that his application cannot be accepted and give the reasons therefor.

27 The engineer shall, within 30 days after receipt of an application for a Class B Permit made in accordance with these Regulations,

• (a) issue a Class B Permit subject to any terms and conditions he may include therein pursuant to subsection 31(1); or

• (b) refuse to issue a permit and notify the applicant in writing of his refusal and the reasons therefor.

28 The engineer may, where he deems it necessary, notify an applicant in writing that his application for a Class B Permit will be considered as an application for a Class A Permit.

29 The engineer shall assign a number to each permit that he issues.

Display of Permit

30 Every permittee engaged in a work or an undertaking authorized by a permit shall display

• (a) an exact copy of the permit, including the conditions thereof, in such manner and at such places as the engineer may require; and

• (b) the number assigned to the permit on such articles and equipment, in such manner and at such places as the engineer may require.

Terms and Conditions of Permits

• 31 (1) The engineer may include in any permit terms and conditions respecting

  • (a) the location and the area of territorial lands that may be used;

  • (b) the times at which any work or undertaking may be carried on;

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

  • (d) the 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) the methods of controlling or preventing ponding of water, flooding, erosion, slides and subsidences 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) the protection of wildlife and fisheries habitat;

  • (i) the protection of objects and places of recreational, scenic and ecological value;

  • (j) the deposit of security in accordance with section 36;

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

  • (l) the methods and techniques for debris and brush disposal;

  • (l.1) the protection of historic or archaeological sites or burial sites; and

  • (m) such other matters not inconsistent with these Regulations as the engineer thinks necessary for the protection of the biological or physical characteristics of the land management zone.

• (2) The engineer may modify any of the terms or conditions included in a permit on receipt of a written request from the permittee that sets out

  • (a) the terms or conditions in the permit that the permittee wishes modified; and

  • (b) the nature of the modification proposed and the reasons therefor.

• (3) Where the engineer receives a written request from a permittee pursuant to subsection (2), he shall notify the permittee of his decision and the reasons therefor within 10 days of receipt of the request.

• (4) A permit expires at the end of the period of validity set out in the permit, which shall be based on the estimated dates of commencement and completion set out in the permit application and shall not exceed five years.

• (5) On receipt of a written request from a permittee to extend the duration of a permit, the engineer may grant the extension, subject to any terms and conditions referred to in subsection (1), for a period not exceeding two years, as is necessary to enable the permittee to complete the land use operation authorized by the permit.

• (6) A permit’s duration may be extended under subsection (5) only once.

Reports

32 Every permittee shall submit to the inspector or engineer, in a form and on a date satisfactory to the inspector or engineer, such reports as are requested by the inspector or engineer, in order to ascertain the progress of the land use operation.

Final Plan

• 33 (1) Every permittee shall, within 60 days after the completion of a land use operation or the expiry of his permit, whichever occurs first, submit a final plan in duplicate to the engineer showing

  • (a) the lands actually subjected to the land use operation;

  • (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 land use operation began,

    • (ii) buildings, 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 during the land use operation, and

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

  • (c) the calculations of the area of territorial lands used in the operation.

• (2) The final plan must meet one of the following two requirements:

  • (a) it is certified by or on behalf of the permittee as to the accuracy of

    • (i) locations, distances and areas, and

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

  • (b) it is 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 subjected to the land use operation.

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

• (4) The engineer shall reject the final plan if it does not comply with this section and section 35 and the permittee shall, within three weeks after receipt of written notice from the engineer of rejection of the plan, submit to the engineer another final plan that complies with this section and section 35.

• (5) Notwithstanding the expiry of a permit or the submission of a final plan, every permittee remains responsible for his obligations arising under the terms and conditions of the permit or under these Regulations until such time as the engineer issues a letter of clearance for the land use operation.

Determination of Land Use Fee

• 34 (1) Within 30 days after the engineer has issued a letter of clearance, the permittee shall calculate the land use fee payable based on the actual area of land used in the operation and the engineer shall,

  • (a) where the land use fee submitted with the application is greater than the fee so calculated, refund the excess to the permittee; or

  • (b) where the land use fee submitted with the application is less than the fee so calculated, demand, by notice in writing to the permittee, payment of the deficiency.

• (2) Where an application for a permit is refused, the land use fee submitted with the application shall be refunded to the applicant.

• (3) No application fee shall be refunded.

Land Division and Plans

35 Every preliminary plan or final plan submitted under these Regulations shall

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

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

• (c) show locations

  • (i) in accordance with sections 5 to 9 of the Canada Oil and Gas Land Regulations, or

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