Short Title

1 These Regulations may be cited as the Territorial Quarrying Regulations.

Interpretation

2 In these Regulations,

Crown

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

Department

Department means the Department of Indian Affairs and Northern Development; (Ministère)

director

director means the Director of the Northern Administration and Lands Branch of the Department; (directeur)

dues

dues means all ground rents, royalties, duties, fees, rates, charges or other moneys payable by any person to the Crown pursuant to a lease or permit; (droits)

Minister

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

permit

permit means a valid and subsisting permit issued under these Regulations; (permis)

permittee

permittee means the holder of a permit; (titulaire de permis)

territorial land agent

territorial land agent means a person designated by the Minister to perform the duties of territorial land agent under these Regulations and the Territorial Lands Regulations for a land district established under the Territorial Lands Act; (agent des terres territoriales)

territorial lands

territorial lands[Repealed, SOR/2003-116, s. 17]

Application

3 These Regulations apply only to territorial lands under the control, management and administration of the Minister.

Staking

• 4 (1) A person who desires to obtain a lease of territorial lands for the purpose of taking limestone, granite, slate, marble, gypsum, marl, gravel, loam, sand, clay, volcanic ash or stone therefrom, shall stake such lands in the manner prescribed in this section.

• (2) In the case of loam, the area shall not exceed 20 acres, and in the case of any other material mentioned in subsection (1), the area shall not exceed 160 acres; and the length of any area shall not exceed twice the breadth.

• (3) The area staked shall be rectangular in form except where a boundary of a previously staked tract is adopted as common to both areas.

• (4) The land shall be marked by the applicant with posts firmly fixed in the ground, one at each corner; in areas where there is no timber, rock cairns may be used in lieu of posts.

• (5) Each post shall be at least four inches square and when firmly planted shall be not less than four feet above the ground.

• (6) Each post shall bear markings showing the number of the post, the name of the applicant, the date of staking and the kind of material which it is desired to remove.

• (7) When rock cairns are used, they shall be well constructed, be not less than two feet high and two feet in diameter at the base, a metal container shall be built into the cairn, and a notice bearing the number of the cairn, the name of the applicant, the date of staking and the kind of material which it is desired to remove shall be placed therein.

• (8) In a timbered area the lines between the posts shall be clearly marked, and in treeless areas mounds of earth or rock not less than two feet high and two feet in diameter at the base may be used to mark the lines between the cairns.

• (9) The applicant shall post a written or printed notice on a post or in a cairn setting out his intention to apply for a lease within the time prescribed by these Regulations.

• (10) If two or more persons apply for the same area, the person who first staked the area in accordance with these Regulations shall be entitled to priority in respect of the issuance of a lease.

Leases

5 Territorial lands containing limestone, granite, slate, marble, gypsum, loam, marl, gravel, sand, clay, volcanic ash or stone may be leased by the Minister for the sole purpose of quarrying out or removing therefrom any such substances or materials.

• 6 (1) An application for a lease shall be filed with the territorial land agent of the land district in which the land is situated within 30 days from the date upon which it was staked.

• (2) Every lease application shall be accompanied by the application fee set out in Schedule I and the rental for the first year of the lease at the rate set out in Schedule II.

• (3) Every application for a lease shall be in duplicate and shall contain

  • (a) a description by metes and bounds of the land applied for;

  • (b) the name of the materials that the applicant desires to remove from the area;

  • (c) a sketch showing clearly the position of the parcel in relation to a survey monument, prominent topographical feature or other known point and showing in its margin, copies of the markings on the posts or cairns; and

  • (d) an affidavit by the applicant setting forth

    • (i) that he has complied with all the provisions of these Regulations, and

    • (ii) that the land contains material of the kind applied for in merchantable quantities.

7 The term of a lease shall not exceed 10 years.

8 A lessee shall, within such time from the date of the lease as the Minister may fix, commence the removal of the material or materials in merchantable quantities from the area under lease and shall continue the removal of materials to an extent and in a manner satisfactory to the Minister.

Renewal of Lease

9 Where, in the opinion of the Minister, the lessee has complied with the terms of his lease and these Regulations, the Minister may renew the lease for a further term not exceeding 10 years.

Sand, Gravel and Stone for Residents

10 Any person resident in the Northwest Territories may take, without a permit or payment of any fees or dues, not more than 50 cubic yards of sand, gravel or stone from territorial lands in any calendar year for his own use but not for barter or sale, but no sand, gravel or stone shall be taken from any territorial lands if any interest in the surface rights of such lands has been licensed, leased or otherwise disposed of by the Crown.

Loam for Use of Residents

• 11 (1) A territorial land agent may issue to any person resident in the Northwest Territories, without the payment of any fee or royalty, a permit authorizing him to take not more than 15 cubic yards of loam from territorial lands in any calendar year for his own use, but not for barter or sale.

• (2) No person shall take loam from any territorial lands unless he is the holder of a permit.

Permits

• 12 (1) A territorial land agent, on receipt of the permit application fee set out in Schedule I and the applicable royalties payable under section 14, may issue a permit to the applicant authorizing the applicant to take the quantity of material specified in the permit from the lands described in the permit.

• (2) A territorial land agent may issue a permit, without the payment of any fees or dues, to take such quantities of the materials named in the permit from the land described in the permit, to any of the following:

  • (a) a department of the Government of Canada;

  • (b) the Commissioner of the Northwest Territories;

  • (c) [Repealed, SOR/2003-116, s. 20]

  • (d) any municipal district in the Northwest Territories; and

  • (e) any educational, religious or charitable institution or hospital in the Northwest Territories.

• (3) Permits shall expire when the quantity of material or substance mentioned in the permit has been quarried or removed, or on the expiry of one year from the date of issue of the permit, whichever is the earlier.

• (4) A permit shall not be assigned.

• (5) If a permittee has not complied with these Regulations or the conditions of his permit, the Minister may cancel the permit.

Reservations

• 13 (1) Where the area under a lease or permit issued pursuant to these Regulations is subject to an oil and gas permit or lease, or a recorded mineral claim, the lease or permit shall not authorize entry upon such area without first obtaining the permission of the Minister.

• (2) The Minister may grant such permission subject to such conditions for the protection of the holder of the terminable grant as may be considered necessary.

Fees and Royalties

14 Except as provided in these Regulations, material taken by a lessee or permittee from lands described in a permit or lease is subject to the payment of royalties at the rates set out in Schedule II.

15 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.