Territorial Land Use Regulations (C.R.C., c. 1524)

Reports

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.

Final Plan

• 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.

Determination of Land Use Fee

• 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.

Land Division and Plans

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.

Security Deposit

• 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.

Letter of Clearance

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.

Duties and Powers of Inspectors

• 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.

39 No person shall wilfully obstruct or hinder an inspector in carrying out his duties under these Regulations.

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.

Suspension of a Land Use Operation

• 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.

Cancellation of Permit

• 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.

Discontinuance of a Land Use Operation

• 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.

Assignment

• 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.

Appeals

• 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.