GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Land Use Regulations — 18
18 A person is eligible for a permit who (a) where the proposed land-use operation is in the exercise of a right to search for, win or exploit minerals or natural resources, (i) holds the right, (ii) is the manager of operations, where the right is held by two or more persons who have entered into an exploration or operating agreement designating one of them as the manager of operations, or (iii) is the person who contracts to have the land-use operation carried out, where the right is held by two or more persons who have not entered into an exploration or operating agreement designating one of them as manager of operations; or (b) in any other case, has a right to occupy the land and either contracts to have the land-use operation carried out or is the person who is to carry out the operation. SOR/2013-166, s. 10
Mackenzie Valley Land Use Regulations — 19
19 (1) An application for a permit shall be submitted to the Board. (2) An application for a permit shall be in the form, and provide the information, set out in Schedule 2 and shall be accompanied by any information in the possession of the applicant that is necessary to evaluate the quantitative and qualitative effects of the proposed use. (3) Subject to section 20, an application for a permit shall be accompanied by a preliminary plan that is prepared in accordance with section 30 indicating the following elements, and, in the case of an application for a Type A or Type B permit, the application fee and any applicable land-use fee for federal public lands set out in Schedule 1: (a) the lands proposed to be used in the land-use operation 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, structures, 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 in the land-use operation, and (iv) bridges, dams, ditches, railroads, roads, transmission lines, pipelines, survey lines, monuments, historic or archaeological sites, burial sites, air landing strips, watercourses, traplines and cabins that may be affected by the land-use operation. (4) For the purpose of calculating the applicable land-use fee payable under subsection (3), the width of any line, trail or right-of-way proposed to be used in the land-use operation shall, unless otherwise specified in the permit, be considered to be 10 m. SOR/2006-253, s. 5; SOR/2013-166, s. 11; SOR/2016-128, ss. 7(E), 18(F)
Mackenzie Valley Land Use Regulations — 20
20 No fee set out in Schedule 1 is applicable to a use of land by Her Majesty in right of Canada and, for greater certainty, the territorial government shall not be required to pay fees set out in Schedule 1. SOR/2006-253, s. 6; SOR/2016-128, s. 8
Mackenzie Valley Land Use Regulations — 21
21 (1) [Repealed, SOR/2013-166, s. 12] (2) Before the issuance of a permit, the inspector is authorized to enter the lands designated in the application to investigate and report to the Board the 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 on the surrounding lands and the biological characteristics of the disturbance; and (c) the manner in which any identified disturbance referred to in paragraph (b) may be minimized and controlled. (3) The Board shall, at the request of an applicant, provide the applicant with a copy of any inspector’s report submitted under subsection (2). SOR/2013-166, s. 12; SOR/2016-128, s. 18(F)
Mackenzie Valley Land Use Regulations — 22
22 (1) The Board shall, within 10 days after receipt of an application for a Type A permit, (a) if the application does not comply with these Regulations, return the application to the applicant and advise the applicant in writing of the reasons for its rejection; or (b) in any other case, notify the applicant in writing of the date on which the application was found by the Board to be in compliance with these Regulations and of the fact that the Board will take, subject to sections 23.1 and 24, one of the measures referred to in subsection (2) within 42 days after that date. (2) Subject to sections 23.1 and 24, if the Board does not return an application under paragraph (1)(a), it shall, within 42 days after receipt of the complete application, (a) issue a Type A permit, subject to any conditions included pursuant to subsection 26(1); (b) conduct a hearing under section 24 of the Act or require that further studies or investigations be made respecting the lands proposed to be used in the land-use operation and notify the applicant in writing of the reasons for the hearing, studies or investigations; (c) refer the application to the Mackenzie Valley Environmental Impact Review Board under subsection 125(1) or paragraph 126(2)(a) of the Act for an environmental assessment and notify the applicant in writing of its referral and of the reasons for the referral; or (d) if a requirement set out in section 61 or 61.1 of the Act has not been met, refuse to issue a permit and notify the applicant in writing of its refusal and of the reasons for the refusal. (3) [Repealed, SOR/2006-253, s. 7] SOR/2006-253, s. 7; SOR/2013-166, s. 13; SOR/2016-128, ss. 9, 18(F)
Mackenzie Valley Land Use Regulations — 23
23 The Board shall, on receipt of an application for a Type B or Type C permit, (a) if the application does not comply with these Regulations, without delay return the application to the applicant and advise the applicant in writing of the reasons for its rejection; or (b) in any other case, subject to sections 23.1 and 24, within 30 days after the day on which the complete application was found by the Board to be in compliance with these Regulations, (i) issue the permit, subject to any conditions included under subsection 26(1), (ii) if a requirement set out in section 61 or 61.1 of the Act has not been met, refuse to issue the permit and notify the applicant in writing of its refusal and of the reasons for the refusal, (iii) if the Board considers that more than 30 days are required to gather the socio-economic, scientific or technical information needed in respect of the application, treat the application in the manner provided for in section 22 for Type A permits, and notify the applicant accordingly, or (iv) refer the application to the Mackenzie Valley Environmental Impact Review Board under subsection 125(1) or paragraph 126(2)(a) of the Act for an environmental assessment and notify the applicant in writing of its referral and of the reasons for the referral. SOR/2006-253, s. 8; SOR/2013-166, s. 14; SOR/2016-128, ss. 10, 18(F)
Mackenzie Valley Land Use Regulations — 23.1
23.1 If the Board conducts a hearing or requires that further studies or investigations be made under paragraph 22(2)(b) or if the Mackenzie Valley Environmental Impact Review Board is to conduct an environmental assessment in relation to the land use for which a permit application has been received, the period provided for in subsection 22(2) or paragraph 23(b) for the Board to issue or to refuse to issue a permit does not begin (a) in respect of a hearing or of further studies or investigations, until the completion of the hearing or the further studies or investigations; or (b) in respect of an environmental assessment, until the completion of the environmental assessment and impact review process under Part 5 of the Act. SOR/2006-253, s. 9; SOR/2016-128, s. 11(F)
Mackenzie Valley Land Use Regulations — 24
24 If the Minister, after considering the report of an environmental assessment or a review panel in respect of an application for a permit, has adopted a recommendation to reject the proposed land-use operation under subparagraph 130(1)(b)(i) or paragraph 135(1)(a) of the Act, or has rejected a recommendation to approve the proposal under paragraph 135(1)(b) of the Act, the Board shall refuse to issue the permit and notify the applicant in writing of its refusal and of the reasons for the refusal. SOR/2006-253, s. 9; SOR/2016-128, s. 18(F)
Mackenzie Valley Land Use Regulations — 25
25 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.
Mackenzie Valley Land Use Regulations — 26
26 (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)
Mackenzie Valley Land Use Regulations — 27
27 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)
Mackenzie Valley Land Use Regulations — 28
28 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)
Mackenzie Valley Land Use Regulations — 29
29 (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)
Mackenzie Valley Land Use Regulations — 30
30 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
Mackenzie Valley Land Use Regulations — 31
31 (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)
Mackenzie Valley Land Use Regulations — 32
32 (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)
Mackenzie Valley Land Use Regulations — 33
33 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)
Mackenzie Valley Land Use Regulations — 34
34 (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)
Mackenzie Valley Land Use Regulations — 35
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. SOR/2013-166, s. 20; SOR/2016-128, s. 18(F)
Mackenzie Valley Land Use Regulations — 36
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. SOR/2013-166, s. 21; SOR/2016-128, ss. 15(E), 18(F)
Mackenzie Valley Land Use Regulations — 37
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. SOR/2016-128, s. 18(F)
Mackenzie Valley Land Use Regulations — 38
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. SOR/2006-253, s. 12; SOR/2013-166, s. 22; SOR/2016-128, s. 18(F)
Mackenzie Valley Land Use Regulations — 39
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. SOR/2016-128, s. 18(F)