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

17 [Repealed, 2002, c. 7, s. 245]

18 [Repealed, 2002, c. 7, s. 245]

Slides, Streams and Lake Fronts

Marginal note:Works for the movement of timber

19 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

• (a) conveys any right, title or interest in or to any slide, dam, pier, boom or other work constructed, for the purpose of facilitating the movement of timber, prior to the date of the grant, lease or other disposition of land;

• (b) affects the unimpeded right to use or repair the works referred to in paragraph (a); or

• (c) affects the unimpeded right to use, for the purpose of facilitating the movement of timber, all streams, lakes, bodies of water, portage roads or trails past rapids, falls or other natural obstacles or connecting bodies of water, or any land that has to be used in connection therewith.

Trespass on Territorial Lands

Marginal note:Summons to vacate or show cause

• 20 (1) Where under this Act the right of any person to use, possess or occupy territorial lands has been forfeited or where, in the opinion of the Minister, a person is wrongfully or without lawful authority using, possessing or occupying territorial lands and that person continues to use, possess or occupy or fails to deliver up possession of the lands, an officer of the Department of Indian Affairs and Northern Development authorized by the Minister for that purpose may apply to a judge of the Court for a summons directed to that person calling on that person

  • (a) to forthwith vacate or abandon and cease using, possessing or occupying the lands; or

  • (b) within thirty days after service of the summons on that person to show cause why an order or warrant should not be made for the removal of that person from the lands.

• Marginal note:Warrant for removal

  (2) Where a summons has been served under subsection (1) and within thirty days from the service thereof the person named in the summons has not removed from, vacated or ceased using, possessing or occupying the lands or has not shown cause why he should not do so, a judge of the Court may make an order or warrant for that person’s summary removal from the lands.

• Marginal note:Persons executing warrant

  (3) A warrant made under subsection (2) shall be executed by a sheriff, bailiff, constable or other person to whom it is delivered for that purpose and he has all the powers, rights, immunities and privileges enjoyed by a sheriff, constable or other peace officer in the execution of his duty.

• Marginal note:Execution of warrant

  (4) A person to whom an order or warrant made under subsection (2) is addressed shall forthwith remove the person named therein from the lands and all members of that person’s family, employees, servants, labourers, tenants or other persons employed by or living with that person or that person’s tenants.

• Marginal note:Service of summons or warrant

  (5) Service of a summons or warrant under this section shall be made by leaving a copy with an adult person found on the lands and by posting up another copy in a conspicuous place on the lands or, where no adult person is found on the lands, by posting up copies in two conspicuous places thereon.

Marginal note:Offences and punishment — trespassing

• 21 (1) A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and liable on summary conviction

  • (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

• 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.

Marginal note:Appeal

22 The order or judgment of a judge of the Court in any action or proceedings under this Act is subject to an appeal by a party to the action or proceedings in the same manner as any other order or judgment of a judge of the Court.

Powers of the Governor in Council

Marginal note:Powers of Governor in Council

23 The Governor in Council may

• (a) on setting out the reasons for withdrawal in the order, order the withdrawal of any tract or tracts of territorial lands from disposal under this Act;

• (b) set apart and appropriate territorial lands for the sites of places of public worship, burial grounds, schools, market places, jails, court houses, town halls, public parks or gardens, hospitals, harbours, landings, bridge sites, airports, landing fields, railway stations, town-sites, historic sites or for other public purposes and, at any time before the issue of a grant, alter or revoke those appropriations;

• (c) order that grants or leases for a nominal consideration be made of the lands appropriated under paragraph (b) and that there be expressed in any grant or lease the trusts and uses to which the territorial lands granted or leased thereby are subject;

• (d) set apart and appropriate such areas or lands as may be necessary

  • (i) to enable the Government of Canada to fulfil its obligations under treaties with the Indians and to make free grants or leases for that purpose, or

  • (ii) for any other purpose that the Governor in Council may consider to be conducive to the welfare of the Indians;

• (e) set apart and appropriate territorial lands for use as game preserves, game sanctuaries, bird sanctuaries, public shooting grounds, public resorts or for any other similar public purpose;

• (f) authorize the acquisition by any railway, power company or pipeline company, on and subject to such terms and conditions as may be deemed proper, of a right-of-way for a road bed, for transmission lines or for pipelines through territorial lands together with such other territorial lands as may be deemed necessary for stations, station grounds, workshops, buildings, yards, pumps, tanks, reservoirs or other appurtenances in connection therewith;

• (g) divide territorial lands into mining districts and land districts;

• (h) make regulations or orders with respect to any question affecting territorial lands under which persons designated in the regulations or orders may inquire into such a question and may, for the purposes of the inquiry, summon and bring before them any person whose attendance they consider necessary to the inquiry, examine that person under oath, compel the production of documents and do all things necessary to provide a full and proper inquiry;

• (i) prescribe a tariff of fees for copies of maps, plans, field notes, documents, papers and other records pertaining to territorial lands, and for the preparation of documents evidencing a sale, lease or other disposition of territorial lands and for the registration of any documents pertaining to territorial lands;

• (j) make regulations respecting the protection, control and use of the surface of territorial lands;

• (k) prescribe the form of the notification that may be issued pursuant to section 9 and the fee for the issue thereof; and

• (l) make such orders and regulations as are deemed necessary to carry out the purposes and provisions of this Act.

Marginal note:Publication in the Canada Gazette

24 A copy of

• (a) each order setting apart and appropriating any territorial lands as a land management zone that the Governor in Council proposes to make under section 4, and

• (b) each regulation or amendment to a regulation that the Governor in Council proposes to make under section 5 or paragraph 23(j),

shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to all interested persons to make representations to the Minister with respect thereto.

General

Marginal note:Effect of receipt

25 A receipt for payment made on the filing of an application to purchase or lease land does not entitle the person making the payment to take, occupy or use the land described in the receipt.

Marginal note:Execution of documents

26 Any lease, agreement, licence, permit or notice of cancellation issued or made pursuant to this Act and any consent to any assignment of any such lease, agreement, licence or permit may be executed on behalf of the Crown by the Minister, the Deputy Minister or by any other officer of the Department authorized in writing for the purpose by the Minister.

Marginal note:Interest

27 Whenever interest is payable under or by virtue of this Act or for or on account of any claim, matter or thing arising under any provision of this Act, the rate of interest shall be five per cent per annum, whether that interest is payable under the terms of any sealed or unsealed instrument or not.

Marginal note:Forms

28 The Minister may prescribe forms of leases, agreements of sale, licences and other documents required for use under this Act, but not including instruments issued under the Great Seal.

Marginal note:Government employees

• 29 (1) Except by or under the authority of an order of the Governor in Council, no officer or employee of or under the Government of Canada shall

  • (a) directly or indirectly, in his own name or in the name of any other person, purchase or acquire any territorial land or any interest therein; or

  • (b) be interested as shareholder or otherwise in any corporation that purchases, acquires or holds any territorial land or any interest therein.

• Marginal note:Order of Governor in Council

  (2) An order of the Governor in Council made under subsection (1) that relates to any interest as shareholder or otherwise in a corporation may apply

  • (a) to a particular interest in a particular corporation described in the order or to interests in a class or classes of corporations described therein; and

  • (b) where the order so specifies, to a particular interest or to interests acquired before the making of the order.

Marginal note:Offence and punishment

• 30 (1) Every person who contravenes any provision of this Act or any regulation for which no other punishment is provided is guilty of an offence punishable on summary conviction.

• (2) [Repealed, 2002, c. 7, s. 247]

Marginal note:Deeming — subsequent offences

• 31 (1) For the purposes of subsections 7(1.1) and 21(1), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

• Marginal note:Application

  (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

Administration and Enforcement

Marginal note:Designation

• 32 (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act.

• Marginal note:Certificate of designation

  (2) An enforcement officer is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the enforcement officer enters under subsection 33(1).