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

Watercourse Crossings

• 9 (1) [Repealed, SOR/2013-166, s. 6]

• (2) Unless otherwise authorized by a permit or in writing by an inspector, every permittee shall, before the completion of the land-use operation or the commencement of spring break-up, whichever occurs first,

  • (a) remove any material or debris deposited in a watercourse in the course of a land-use operation, whether for the purpose of constructing a crossing or otherwise; and

  • (b) restore the channel and bed of the watercourse to their original alignment and cross-section.

Clearing of Lines, Trails or Rights-of-way

10 Unless expressly authorized by a permit, no permittee shall

• (a) clear a new line, trail or right-of-way where an existing line, trail or right-of-way can be used;

• (b) clear a line, trail or right-of-way that is wider than 10 m; or

• (c) on clearing a line, trail or right-of-way, leave leaners or debris in standing timber.

Monuments

• 11 (1) Where a boundary monument is damaged, destroyed, moved or altered during a land-use operation, a permittee shall report the fact immediately to the Surveyor General.

• (2) Where a topographic or geodetic monument is damaged, destroyed or altered during a land-use operation, the permittee shall report the fact immediately to the Dominion Geodesist.

Historic or Archeological Sites and Burial Sites

12 If, in the course of a land-use operation, a suspected historic or archaeological site or burial site is discovered,

• (a) the permittee shall immediately suspend operations on the site and notify the Board or an inspector; and

• (b) the Board or inspector shall notify any affected First Nation, the Tlicho Government if the operation is taking place in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories, the Déline Got’ine Government if the operation is taking place on Déline lands, and the department of the Government of the Northwest Territories responsible for the location of the site and consult them regarding the nature of the materials, structures or artifacts and any further actions to be taken.

Orders of Inspector

13 Where an inspector makes an order under subsection 86(1) of the Act, the inspector shall file a copy of the order with the Board without delay.

Campsites

• 14 (1) Unless otherwise authorized by a permit or in writing by an inspector, every permittee shall dispose of all garbage, waste and debris from any campsite used in connection with a land-use operation by removal, burning or burial.

• (2) [Repealed, SOR/2013-166, s. 8]

Restoration of Permit Areas

15 Unless otherwise authorized by a permit, after completing a land-use operation, a permittee shall restore the permit area to substantially the same condition as it was prior to the commencement of the operation.

Removal of Buildings and Equipment

• 16 (1) Subject to subsections (2) and (5), after completing a land-use operation, a permittee shall remove all structures, temporary buildings, machinery, equipment, materials, fuel drums and other storage containers and any other items used in connection with the operation

  • (a) unless otherwise authorized by a document granting a right to, or interest in, the land; or

  • (b) unless the owner of the lands on which the items are located has, by written notice to the Board, assumed responsibility for those items.

• (2) With the prior written authorization of the Board and, in the case of settlement lands, Tlicho lands, Déline lands or other private lands, of the landowner, a permittee may store, in a manner, at a location and for a duration approved by the Board, the items referred to in subsection (1) that the permittee requires for a future land-use operation or other operation in the area.

• (3) The Board may, on written request, issue an authorization under subsection (2) for a period of up to one year.

• (3.1) On the expiry of an authorization issued under subsection (2), the Board may, on written request, issue a maximum of one subsequent authorization for a period of up to one year for the same operation.

• (4) A copy of any authorization issued by the Board under subsection (2) shall be delivered to the landowner.

• (5) A permittee may, with the approval of the landowner, leave diamond drill cores at a drill site.

Emergencies

• 17 (1) Notwithstanding any other provision of these Regulations or the conditions of any permit, where an emergency threatens life, property or the environment, a person may carry out such land-use operations as are necessary to cope with the emergency.

• (2) A person who carries out a land-use operation under subsection (1) shall immediately thereafter send a written report to the Board describing the duration, nature and extent of the operation.

Eligibility for a Permit

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.

Application for a Permit

• 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.

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.

• 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).

• 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]

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.