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

Regulations are current to 2021-11-17 and last amended on 2017-06-20. Previous Versions

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)

Posting of Security

  •  (1) The Board may require security to be posted in an amount not exceeding the aggregate of the costs of

    • (a) abandonment of the land-use operation;

    • (b) restoration of the site of the land-use operation; and

    • (c) any measures that may be necessary after the abandonment of the land-use operation.

  • (2) In setting the amount of security pursuant to subsection (1), the Board may consider

    • (a) the ability of the applicant or prospective assignee to pay the costs referred to in that subsection;

    • (b) the past performance of the applicant or prospective assignee in respect of any other permit;

    • (c) the prior posting of security by the applicant pursuant to other federal legislation in relation to the land-use operation; and

    • (d) the probability of environmental damage or the significance of any environmental damage.

  • (3) Where the Board requires that a security deposit be posted, the permittee shall not begin the land-use operation until the security has been deposited with the federal Minister.

  • (4) Posted security may be in the form of

    • (a) a promissory note guaranteed by a bank listed in Schedule I or II to the Bank Act and made payable to the Receiver General;

    • (b) a certified cheque drawn on a bank listed in Schedule I or II to the Bank Act and made payable to the Receiver General;

    • (c) [Repealed, SOR/2016-128, s. 14]

    • (d) an irrevocable letter of credit from a bank listed in Schedule I or II to the Bank Act; or

    • (e) a cash payment.

  • (5) Posted security, or any remaining portion thereof, shall be returned to the permittee by the federal Minister after the Board issues a letter of clearance under section 33 in respect of the land-use operation.

  • SOR/2013-166, s. 18
  • SOR/2016-128, ss. 14, 18(F)

Letter of Clearance

 When a permittee has complied with all conditions of the permit and with these Regulations, the Board shall issue a letter of clearance to the permittee with a copy to the federal Minister.

  • SOR/2016-128, s. 18(F)

Cessation of Land-Use Operation

  •  (1) Prior to taking action in respect of a contravention under subsection 86(2) of the Act, the inspector shall give notice to the permittee that, if the contravention is not corrected within the time specified in the notice, the inspector may order the cessation of the land-use operation or of any part thereof.

  • (2) Before taking action in respect of a contravention under subsection 86(2) of the Act in respect of a drilling program between the time of spud-in and the completion of drilling, the inspector shall consult with the National Energy Board.

  • (3) A copy of any notice provided under this section or order made under subsection 86(2) of the Act shall be delivered to the landowner and filed with the Board.

  • (4) When an inspector is satisfied that a contravention that is the subject of a notice given under subsection (1) has been corrected, the inspector shall notify the permittee in writing, send a copy of the notice to the landowner and file a copy thereof with the Board.

  • SOR/2013-166, s. 19
  • SOR/2016-128, s. 18(F)

Suspension of Permit

  •  (1) Where a permittee

    • (a) fails to comply with an order of the inspector to rectify a contravention within the time specified by the inspector pursuant to subsection 34(1),

    • (b) fails to comply with an order of the inspector under section 86 of the Act,

    • (c) fails to comply with an order of the Board made under the Act or these Regulations, or

    • (d) fails to comply with the conditions of the permit, the Act or these Regulations,

    the Board may, after written notice to the permittee, suspend the permit.

  • (2) Before suspending a permit, the Board shall provide the permittee with an opportunity to be heard.

  • (3) The suspension of a permit under subsection (1) does not relieve the permittee from any obligation arising under the permit or under these Regulations, or from complying with any notice, direction or order given by an inspector or the Board.

  • (4) If the Board is satisfied that the permittee has corrected or will correct the contravention under subsection 34(1), it shall, by written notice to the permittee, lift the suspension of the permit.

  • SOR/2013-166, s. 20
  • SOR/2016-128, s. 18(F)

Cancellation of Permit

  •  (1) If a permittee fails to correct the contravention set out in the notice of suspension issued under subsection 35(1), or if the severity of the contravention so warrants, the Board may, after giving written notice to the permittee, cancel the permit.

  • (2) Before cancelling a permit, the Board shall provide the permittee with an opportunity to be heard.

  • (3) The cancellation of a permit under subsection (1) does not relieve the permittee from any obligation arising under the permit or under these Regulations, or from complying with any notice, direction or order given by an inspector or the Board.

  • SOR/2013-166, s. 21
  • SOR/2016-128, ss. 15(E), 18(F)

Discontinuance of Land-Use Operation

  •  (1) Subject to subsection (2), where a permittee wishes to discontinue a land-use operation at any time prior to the date of completion set out in the permit, the permittee shall give a notice of discontinuance in writing to the Board and, where the land-use operation is being carried out on private lands, to the landowner, indicating the date on which it is proposed to discontinue the operation.

  • (2) A notice of discontinuance under subsection (1) shall be given to the Board at least 10 days before the proposed date of the discontinuance.

  • (3) On receipt of a notice of discontinuance, the Board shall amend the expiration date of the permit accordingly and forward a copy of the amended permit to the permittee.

  • (4) The discontinuance of a land-use operation pursuant to this section does not relieve the permittee from any obligations that arose under the permit or under these Regulations prior to the discontinuance or from complying with any notice, direction or order given by an inspector or the Board.

  • SOR/2016-128, s. 18(F)

Assignment

  •  (1) On receipt of an application in writing for approval of an assignment of a permit, the Board may approve the assignment with all of the original conditions or with amended conditions.

  • (2) An application for approval of an assignment of a permit shall be forwarded to the Board at least 10 days prior to the proposed effective date of the assignment and shall include

    • (a) the permit number of the assignor;

    • (b) the name and address of the proposed assignee;

    • (c) a description of any other interests or rights that are held by, or are to be transferred to, the proposed assignee and that are required by the proposed assignee to obtain a permit under section 18;

    • (d) an undertaking signed by the proposed assignee stating that the assignee will accept responsibility for all obligations under the permit, these Regulations or the Act that were imposed upon the permittee;

    • (e) an undertaking signed by the proposed assignee stating that the assignee is willing to pay any security paid by the assignor when the permit was granted; and

    • (f) the assignment fee set out in Schedule 1 for a Type A or Type B permit.

  • (3) The Board shall not authorize an assignment of a permit until any required security has been posted by the assignee in accordance with subsection 32(4).

  • (4) After the effective date of an assignment, the federal Minister shall refund any original security deposit to the assignor.

  • SOR/2006-253, s. 12
  • SOR/2013-166, s. 22
  • SOR/2016-128, s. 18(F)

Notice

  •  (1) A direction, notice or order given to a permittee under these Regulations may be delivered or sent by registered mail to the permittee’s address stated in the application for the permit and shall be deemed to have been given to the permittee on the day on which it was delivered or three days after it was mailed, as the case may be.

  • (2) Where a direction, notice or order is given to a permittee other than in writing, it shall forthwith be confirmed in writing.

  • (3) A permittee shall inform the Board of any change of address.

  • SOR/2016-128, s. 18(F)

Public Register

  •  (1) The Board shall keep a register in the form of

    • (a) a land-use ledger, listing each application received by the Board; and

    • (b) one or more files in respect of each application received by the Board.

  • (2) Each file referred to in subsection (1) shall contain

    • (a) a copy of the application and of all supporting documents;

    • (b) all records from any public hearing held in connection with the application;

    • (c) a copy of any permit issued in respect of the application and the reasons for the decision of the Board in respect of its issuance; and

    • (d) all correspondence and documents in respect of compliance with the conditions of any permit issued in respect of the application.

  • (3) [Repealed, SOR/2013-166, s. 23]

  • SOR/2013-166, s. 23
  • SOR/2016-128, ss. 16(F), 18(F)

Fees

 Subject to section 20, the amounts set out in column 2 of Schedule 1 are payable in respect of the fees described in column 1 of that Schedule.

  • SOR/2006-253, s. 13
  • SOR/2013-166, s. 24

Transitional

 Before the coming into force of section 99 of the Act, these Regulations do not apply to a use of land in an area outside a settlement area.

 For the purposes of these Regulations, before the coming into force of section 99 of the Act, where a use of land is to take place in more than one settlement area or in a settlement area and an area outside any settlement area, a reference to “Board” shall be read

  • (a) in respect of any part of the land within the settlement area to which the Gwich’in Agreement applies, as a reference to the Gwich’in Land and Water Board; and

  • (b) in respect of any part of the land within the settlement area to which the Sahtu Agreement applies, as a reference to the Sahtu Land and Water Board.

  • SOR/2017-134, s. 2(F)

Coming into Force

Footnote * These Regulations come into force on the day on which Part 3 of the Act comes into force.

 
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