Territorial Lands Act (R.S.C., 1985, c. T-7)

Short Title

Marginal note:Short title

1 This Act may be cited as the Territorial Lands Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Crown

Crown means Her Majesty in right of Canada; (Couronne)

grant

grant means letters patent under the Great Seal, a notification and any other instrument by which territorial lands may be granted in fee simple or for an equivalent estate; (concession)

judge of the Court

judge of the Court means, in relation to any matter arising in the Yukon Territory, a judge of the Supreme Court of the Yukon Territory, in relation to any matter arising in the Northwest Territories, a judge of the Supreme Court of the Northwest Territories, and, in relation to any matter arising in Nunavut, a judge of the Nunavut Court of Justice; (juge)

land

land includes mines, minerals, easements, servitudes and all other interests in real property; (terre)

Minister

Minister means the Minister of Northern Affairs or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; (ministre)

notification

notification means a direction in a form prescribed by the Governor in Council pursuant to paragraph 23(k) and issued pursuant to subsection 9(2); (notification)

penalty

penalty means an administrative monetary penalty imposed under this Act for a violation; (pénalité)

permit

permit means a permit issued under this Act; (permis)

territorial lands

territorial lands means lands, or any interest in lands, in the Northwest Territories or Nunavut that are vested in the Crown or of which the Government of Canada has power to dispose. (terres territoriales)

timber

timber[Repealed, 2002, c. 7, s. 239]

Application

Marginal note:Application

• 3 (1) Subject to subsection (2), this Act applies only in respect of territorial lands under the administration of the Minister.

• Marginal note:Nunavut

  (2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of Nunavut.

• Marginal note:Application of certain Acts

  (3) Nothing in this Act shall be construed as limiting the operation of the Dominion Water Power Act or the Canada National Parks Act.

• (4) [Repealed, 2002, c. 7, s. 240]

Land Management Zones

Marginal note:Land management zones

4 Subject to section 6, the Governor in Council may, where the Governor in Council deems it necessary for the protection of the ecological balance or physical characteristics of any area in the Northwest Territories or Nunavut, set apart and appropriate any territorial lands in that area as a land management zone.

Marginal note:Regulations concerning zones

5 Subject to section 6, the Governor in Council may make regulations respecting

• (a) the protection, control and use of the surface of land in a land management zone set apart and appropriated under section 4; and

• (b) the issue of permits for the use of the surface of land in a land management zone, the terms and conditions of those permits and the fees therefor.

Marginal note:Consultation

6 The Governor in Council may exercise the powers mentioned in sections 4 and 5 only after consultation with the Legislative Assembly of the Northwest Territories or Nunavut, as the case may be, or — if it considers that consultation to be impracticable — after consultation with each of the members of the relevant Legislative Assembly with whom consultation can be effected.

Marginal note:Principal offences

• 7 (1) Every person is guilty of an offence who

  • (a) contravenes any regulation made under section 5; or

  • (b) fails to comply with any term or condition of a permit issued under such a regulation.

• Marginal note:Punishment

  (1.1) Every person who commits an offence under subsection (1) is liable on summary conviction,

  • (a) for a first offence, to a fine not exceeding $100,000; and

  • (b) for a second or subsequent offence, to a fine not exceeding $200,000.

• Marginal note:Continuing offences

  (2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

Sale or Lease of Territorial Lands

Marginal note:Authorizing sale, lease, etc.

8 Subject to this Act, the Governor in Council may authorize the sale, lease or other disposition of territorial lands and may make regulations authorizing the Minister to sell, lease or otherwise dispose of territorial lands subject to such limitations and conditions as the Governor in Council may prescribe.

Marginal note:Interpretation

• 9 (1) In this section, the expressions certificate of title and registrar have the meanings assigned by any law of the Legislature of the Northwest Territories or for Nunavut, as the case may be, in respect of title to real property.

• Marginal note:Issue of notification

  (2) A notification may be issued to a registrar directing the registrar to issue a certificate of title to a person named therein in respect of territorial lands described therein that are within the registration district administered by the registrar.

• Marginal note:Execution of notification

  (3) A notification pursuant to subsection (2) shall be signed and issued,

  • (a) in the case of territorial lands described in subsection 3(1), by the Minister, the Deputy Minister or any other officer of the Department authorized in writing for that purpose by the Minister; and

  • (b) in the case of territorial lands described in subsection 3(2), by the Commissioner of Nunavut.

• Marginal note:Effect of issue of notification

  (4) The issue of a notification pursuant to subsection (2) has the same force and effect as a grant of territorial land made by letters patent under the Great Seal.

• Marginal note:Notification to set out nature of grant

  (5) A notification shall set out the nature of the estate thereby granted and any easements, rights or other interests excepted or reserved therefrom.

Marginal note:Prohibition

10 No territorial lands suitable for muskrat farming shall be sold.

Marginal note:Limitation on sale

• 11 (1) Not more than one hundred and sixty acres of territorial lands may be sold to any one person without the approval of the Governor in Council.

• Marginal note:Limitation on lease

  (2) Subject to subsection (3), not more than six hundred and forty acres of territorial lands may be leased to any one person without the approval of the Governor in Council.

• Marginal note:Other limitation

  (3) Where territorial lands are hay lands or lands suitable for grazing or muskrat farming, not more than six thousand four hundred acres may be leased to any one person without the approval of the Governor in Council.

Mining Rights

Marginal note:Leasing of mining rights

12 The Governor in Council may make regulations for the leasing of mining rights in, under or on territorial lands and the payment of royalties therefor, but such regulations shall provide for the protection of and compensation to the holders of surface rights.

Reservation from Grants

Marginal note:Reservation

13 Unless otherwise ordered by the Governor in Council, a strip of land one hundred feet in width, measured from ordinary high water mark or from the boundary line, as the case may be, shall be deemed to be reserved to the Crown out of every grant of territorial lands where the land extends

• (a) to the sea or an inlet thereof;

• (b) to the shore of any navigable water or an inlet thereof; or

• (c) to the boundary line between Yukon and Alaska, or between Yukon and the Northwest Territories, or between the Northwest Territories and Nunavut or between Yukon, the Northwest Territories or Nunavut and the Province of Manitoba, Saskatchewan, Alberta or British Columbia.

Marginal note:Reservation of bed of body of water

14 Unless the grant contains a provision to the contrary, the bed, below ordinary high water mark, of a body of water shall be deemed to be reserved to the Crown out of every grant of territorial lands where the lands border a body of water.

Marginal note:Other reservations

15 There shall be deemed to be reserved to the Crown out of every grant of territorial lands

• (a) all mines and minerals whether solid, liquid or gaseous that may be found to exist in, under or on those lands, together with the right to work the mines and minerals and for this purpose to enter on, use and occupy the lands or so much thereof and to such extent as may be necessary for the working and extraction of the minerals; and

• (b) all rights of fishery and fishing and occupation in connection therewith on or around or adjacent to those lands.

Marginal note:Grant does not convey water rights

16 Unless the grant or other document establishing a grant, lease or other disposition of territorial lands expressly states the contrary, no grant, lease or other disposition of territorial lands conveys any exclusive right, privilege, property or interest with respect to any lake, river, stream or other body of water, within, bordering or passing through the lands.