GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Territorial Land Use Regulations — 21
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.
Territorial Land Use Regulations — 22
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. SOR/88-169, s. 6(E); SOR/96-113, s. 1
Territorial Land Use Regulations — 23
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). SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 24
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. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 25
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). SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 26
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. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 27
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. SOR/88-169, s. 6(E); SOR/2016-132, s. 9
Territorial Land Use Regulations — 28
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. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 29
29 The engineer shall assign a number to each permit that he issues. SOR/88-169, s. 4
Territorial Land Use Regulations — 30
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. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 31
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. SOR/88-169, s. 6(E); SOR/2016-132, s. 10
Territorial Land Use Regulations — 32
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. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 33
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. SOR/88-169, s. 6(E); SOR/2016-132, s. 11
Territorial Land Use Regulations — 34
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. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 35
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. SOR/2016-132, s. 12
Territorial Land Use Regulations — 36
36 (1) In order to ensure that a permittee complies with the terms and conditions of his permit and with these Regulations, the engineer may include in the permit a condition that the permittee deposit with the Minister a security deposit not exceeding $100,000. (2) Where a permit includes a condition requiring a security deposit, the permittee shall not begin the land use operation until a security deposit has been deposited with the Minister. (3) A security deposit shall be in the form of (a) a promissory note guaranteed by a chartered bank and payable to the Receiver General; (b) a certified cheque drawn on a chartered bank in Canada and payable to the Receiver General; (c) bearer bonds issued or guaranteed by the Government of Canada; or (d) a combination of the securities described in paragraphs (a) to (c). (4) A security deposit shall be returned by the Minister when the engineer has issued a letter of clearance in respect of the land use operation. (5) Where a permittee has not complied with all the terms and conditions of his permit or with these Regulations and the land use operation of the permittee results in damage to the lands, the Minister may retain the whole of the security deposit or such portion of the security deposit as is required to restore the lands to their former condition. (6) Where the Minister retains a portion of a security deposit pursuant to subsection (5), the Minister shall return the remainder of the security deposit to the permittee. (7) Where the whole of a security deposit retained by the Minister pursuant to subsection (5) is insufficient to cover the cost of restoring the lands to their former condition, the deficiency shall be collectable as a debt due to the Crown. SOR/88-169, ss. 5, 6(E)
Territorial Land Use Regulations — 37
37 When the engineer is satisfied that a permittee has complied with all the terms and conditions of his permit and with the provisions of these Regulations, he shall issue a letter of clearance to the permittee. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 38
38 (1) It shall be a condition of every permit that the permittee shall permit an inspector, at any reasonable time, to enter any place or premises on territorial lands under the permittee’s ownership or occupation, other than a private dwelling, and make such inspections as he thinks necessary to determine whether the terms and conditions of the permit or the provisions of these Regulations are being complied with. (2) An inspector shall be furnished with a certificate of his appointment as an inspector and on entering any place or premises under subsection (1) shall, if so requested, produce the certificate. (3) Every person in any place or premises entered by an inspector under subsection (1) shall give the inspector such assistance and furnish him with such information as the inspector may, for the purpose of carrying out his duties under these Regulations, reasonably require.
Territorial Land Use Regulations — 39
39 No person shall wilfully obstruct or hinder an inspector in carrying out his duties under these Regulations.
Territorial Land Use Regulations — 40
40 No person shall knowingly make a false or misleading statement either orally or in writing to an inspector engaged in carrying out his duties under these Regulations.
Territorial Land Use Regulations — 41
41 (1) Where an inspector is of the opinion that a permittee has failed to comply with any term or condition of his permit or any provision of these Regulations, he shall so inform the permittee and, if the default continues, the inspector may give notice to the permittee that if the default is not corrected within the time specified in the notice the inspector may order the suspension of the land use operation or any part thereof. (2) If a permittee does not correct a default within the time specified in a notice given by an inspector under subsection (1), the inspector may order the permittee to suspend the land use operation or any part thereof and the permittee shall thereupon suspend the land use operation or part thereof until the inspector authorizes the permittee to resume the land use operation. (3) An inspector shall authorize a permittee to resume a land use operation or part thereof suspended under subsection (2) when the inspector or the engineer is satisfied that the default has been corrected, unless the permit has in the meantime been cancelled pursuant to section 42. (4) Where a permittee has been informed of a default pursuant to subsection (1) or an order has been made in respect thereof pursuant to subsection (2), the engineer may, if the permittee fails to correct the default, take such action as he deems necessary to correct the default. (5) The costs of any action taken by the engineer pursuant to subsection (4) may be recovered from the permittee as a debt due to the Crown. (6) Nothing in this section relieves a permittee from prosecution for any violation of these Regulations. (7) No order pursuant to subsection (2) shall be made in respect of an oil or gas drilling site between the time of spud-in and the rig release date without the concurrence of the district oil and gas conservation engineer. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 42
42 (1) Where a land use operation has been suspended pursuant to section 41 and the permittee fails or refuses to correct his default in complying with any terms and conditions of a permit or of any provision of these Regulations, the engineer may cancel the permit. (2) The cancellation of a permit under subsection (1) shall not relieve the permittee from any obligation arising under the terms and conditions of the permit or under these Regulations, or from complying with any notice, direction or order given by an inspector or by the engineer. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 43
43 (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, he shall give notice of discontinuance in writing to the engineer indicating the date upon which he proposes to discontinue the land use operation. (2) A notice of discontinuance given pursuant to subsection (1) shall be given to the engineer at least 10 days prior to the proposed date of the discontinuance. (3) On receipt of a notice of discontinuance, the engineer shall amend a copy of the permit accordingly and shall forward the amended copy of the permit to the permittee. (4) The discontinuance of a land use operation pursuant to this section does not relieve the permittee from any obligations arising under the terms and conditions of the permit or under these Regulations up to the time of discontinuance or from complying with any notice, direction or order given by an inspector or by the engineer. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 44
44 (1) On receipt of an application in writing for approval of an assignment of a permit and of the fee set out in Schedule I, the engineer may approve the assignment in whole or in part. (2) An application for approval of an assignment shall be forwarded to the engineer at least 10 days prior to the proposed effective date of the assignment and shall include the permit number of the assignor, the name and address of the proposed assignee and particulars of the interests or rights of the assignee to be benefited by the assignment of the permit. SOR/88-169, s. 6(E); SOR/96-113, s. 2
Territorial Land Use Regulations — 45
45 (1) An applicant for a permit or a permittee may, within 30 days after any decision, direction or order made by the engineer or an inspector, appeal therefrom to the Minister. (2) An appeal referred to in subsection (1) shall be by notice in writing setting forth (a) the decision, direction or order appealed from; (b) the relevant circumstances surrounding the giving of the decision, direction or order; and (c) the grounds of the appeal. (3) A person appealing to the Minister pursuant to subsection (1) shall provide the Minister with such further particulars with respect to the appeal as the Minister may require. (4) The Minister may, after receipt of an appeal pursuant to subsection (1), set aside, confirm or vary the decision, direction or order appealed from or may remit it to the engineer for reconsideration with such instructions as the Minister deems proper. (5) A decision, direction or order appealed from remains in full force and effect pending the decision of the Minister or an officer appointed by him pursuant to subsection (6). (6) The Minister may authorize a senior officer of the Department of Indian Affairs and Northern Development, other than the engineer, to exercise the Minister’s powers in respect of any appeal pursuant to this section. SOR/88-169, s. 6(E)
Territorial Land Use Regulations — 46
46 (1) Any direction, notice or order given to a permittee under these Regulations shall be sufficiently given if sent by registered mail to, or left at, the permittee’s address as stated in his application for the permit and shall be deemed to have been given to the permittee on the date it was so mailed or left. (2) Where a direction, notice or order is given to a permittee other than in writing, it shall forthwith be confirmed in writing.
Territorial Land Use Regulations — 47
47 The fee set out in column II of an item of Schedule I is payable for the service set out in column I of that item. SOR/96-113, s. 3
Territorial Lands Regulations — 2
2 In these Regulations, Act means the Territorial Lands Act ; ( Loi ) land agent means an employee of the Department of Indian Affairs and Northern Development designated by the Minister as a land agent for an area of the Northwest Territories; ( agent des terres ) Minister means the Minister of Indian Affairs and Northern Development; ( ministre ) Superintendent means the Superintendent of Resources for the Northwest Territories. ( Surintendant ) SOR/2003-116, s. 14
Territorial Lands Regulations — Territorial Lands Regulations
Act means the Territorial Lands Act ; ( Loi )
Territorial Lands Regulations — Territorial Lands Regulations
land agent means an employee of the Department of Indian Affairs and Northern Development designated by the Minister as a land agent for an area of the Northwest Territories; ( agent des terres )
Territorial Lands Regulations — Territorial Lands Regulations
Minister means the Minister of Indian Affairs and Northern Development; ( ministre )
Territorial Lands Regulations — Territorial Lands Regulations
Superintendent means the Superintendent of Resources for the Northwest Territories. ( Surintendant )
Territorial Lands Regulations — 3
3 These Regulations apply only to territorial lands under the control, management and administration of the Minister.