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

Regulations are current to 2021-02-15 and last amended on 2017-06-20. Previous Versions

Application for a Permit

  •  (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.

  • SOR/2006-253, s. 5
  • SOR/2013-166, s. 11
  • SOR/2016-128, ss. 7(E), 18(F)

 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.

  • SOR/2006-253, s. 6
  • SOR/2016-128, s. 8
  •  (1) [Repealed, SOR/2013-166, s. 12]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).

  • SOR/2013-166, s. 12
  • SOR/2016-128, s. 18(F)
  •  (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]

  • SOR/2006-253, s. 7
  • SOR/2013-166, s. 13
  • SOR/2016-128, ss. 9, 18(F)

 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.

  • SOR/2006-253, s. 8
  • SOR/2013-166, s. 14
  • SOR/2016-128, ss. 10, 18(F)

 If the Board conducts a hearing or requires that further studies or investigations be made under paragraph 22(2)(b) or if the Mackenzie Valley Environmental Impact Review Board is to conduct an environmental assessment in relation to the land use for which a permit application has been received, the period provided for in subsection 22(2) or paragraph 23(b) for the Board to issue or to refuse to issue a permit does not begin

  • (a) in respect of a hearing or of further studies or investigations, until the completion of the hearing or the further studies or investigations; or

  • (b) in respect of an environmental assessment, until the completion of the environmental assessment and impact review process under Part 5 of the Act.

  • SOR/2006-253, s. 9
  • SOR/2016-128, s. 11(F)

 If the Minister, after considering the report of an environmental assessment or a review panel in respect of an application for a permit, has adopted a recommendation to reject the proposed land-use operation under subparagraph 130(1)(b)(i) or paragraph 135(1)(a) of the Act, or has rejected a recommendation to approve the proposal under paragraph 135(1)(b) of the Act, the Board shall refuse to issue the permit and notify the applicant in writing of its refusal and of the reasons for the refusal.

  • SOR/2006-253, s. 9
  • SOR/2016-128, s. 18(F)

 Where an application for a permit is returned under paragraph 22(1)(a) or 23(a) or refused pursuant to paragraph 22(2)(d), subparagraph 23(b)(ii) or section 24, the land-use fee submitted with the application shall be refunded to the applicant.

Conditions of Permits

  •  (1) The Board may include in a permit conditions respecting

    • (a) the location and area of lands that may be used in the land-use operation;

    • (b) the times at which any portion of a land-use operation may be carried on;

    • (c) the type and size of equipment that may be used in the land-use operation;

    • (d) methods and techniques to be employed by the permittee in carrying out the land-use operation;

    • (e) the type, location, capacity and operation of all facilities to be used by the permittee in the land-use operation;

    • (f) methods to be used to control or prevent ponding of water, flooding, erosion, slides and the subsidence of land;

    • (g) the use, storage, handling and ultimate disposal of any chemical or toxic material to be used in the land-use operation;

    • (h) protection of wildlife habitat and fish habitat;

    • (i) the storage, handling and disposal of refuse or sewage;

    • (j) protection of historic or archaeological sites and burial sites;

    • (k) protection of objects and places of recreational, scenic or ecological value;

    • (l) the posting of security in accordance with section 32;

    • (m) the establishment of petroleum fuel storage facilities;

    • (n) methods and techniques for debris and brush disposal;

    • (o) restoration of the lands;

    • (p) the display of permits and permit numbers; and

    • (q) any other matter in respect of the protection of the biological or physical characteristics of the lands.

  • (2) Subject to subsections (4) and (5), the Board may amend any of the conditions of a permit on receipt of a written request from the permittee setting out

    • (a) the conditions that the permittee wishes to have amended;

    • (b) the nature of the proposed amendment; and

    • (c) the reasons for the proposed amendment.

  • (3) Where the Board receives a request from a permittee pursuant to subsection (2), it shall notify the permittee of its decision, and of the reasons therefor, within 10 days after receipt of the request.

  • (4) Where a land use requested in a proposed amendment is not within the scope of the land use for which the permit was issued, the Board shall treat the request as an application for a new permit in accordance with sections 22 or 23.

  • (5) Subject to subsection (6), every permit shall set out the term for which it is valid, which term shall be based on the estimated dates of commencement and completion set out by the permittee in the permit application, but the term of a permit shall not exceed five years.

  • (6) On receipt of a written request from a permittee, prior to the expiration of the permit, for an extension of the term of the permit, the Board may extend the term of the permit for an additional period not exceeding two years, subject to any conditions referred to in subsection (1).

  • (7) Where a permit requires that the permittee hold a valid interest in land, the landowner shall notify the Board prior to the cancellation or expiration of that interest.

  • (8) Where an interest referred to in subsection (7) is cancelled or expires, the Board may cancel the permit.

  • SOR/2013-166, s. 15
  • SOR/2016-128, ss. 12(E), 18(F)
 
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