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

Suspension of Permit

• 35 (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.

Cancellation of Permit

• 36 (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.

Discontinuance of Land-Use Operation

• 37 (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.

Assignment

• 38 (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.

Notice

• 39 (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.

Public Register

• 40 (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]

Fees

41 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.

Transitional

42 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.

43 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.

Coming into Force

Footnote ^*44 These Regulations come into force on the day on which Part 3 of the Act comes into force.

• Return to footnote ^*[Note: Regulations in force December 22, 1998, see SI/99-1.]