Commissioner's Land Regulations

Regulation

Registration: R-085-92
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Commissioner's Land Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.1 amended by R-085-92,s.2
s.1 amended by R-056-2009,s.2
s.1 amended by R-003-2011,s.2 in force Feb. 15, 2011
s.1 amended by R-017-2013,s.2 in force March 31, 2013
s.1 amended by R-036-2014,s.2 in force April 1, 2014
s.1 amended by R-129-2018,s.2
s.2 amended by R-068-97,s.2
s.2 amended by R-017-2006,s.2 in force April 1, 2006
s.3 amended by R-085-92,s.3
s.3 amended by R-003-2011,s.3 in force Feb. 15, 2011
s.4 amended by R-085-92,s.3
s.4 amended by R-079-2010,s.2
s.4 amended by R-003-2011,s.3 in force Feb. 15, 2011
s.5 amended by R-085-92,s.3
s.5 amended by R-056-2009,s.3
s.6 amended by R-085-92,s.3
s.6 amended by R-056-2009,s.4
s.6 amended by R-017-2013,s.3 in force March 31, 2013
s.6.1 amended by R-077-2009,s.2 in force Aug. 1, 2009
s.6.1 amended by R-017-2013,s.4 in force March 31, 2013
s.7 amended by R-089-94,s.2
s.7 amended by R-012-2002,s.2 in force April 1, 2002
s.8 amended by R-085-92,s.3
s.9 amended by R-085-92,s.3
s.10 amended by R-085-92,s.4
s.10 amended by R-017-2013,s.5 in force March 31, 2013
s.11 amended by R-017-2013,s.6 in force March 31, 2013
s.12 amended by R-085-92,s.3
s.12.1 amended by R-003-2011,s.4 in force Feb. 15, 2011
s.12.2 amended by R-003-2011,s.4 in force Feb. 15, 2011
s.12.3 amended by R-003-2011,s.4 in force Feb. 15, 2011
s.12.4 amended by R-003-2011,s.4 in force Feb. 15, 2011
s.12.5 amended by R-003-2011,s.4 in force Feb. 15, 2011
s.12.6 amended by R-003-2011,s.4 in force Feb. 15, 2011
s.12.7 amended by R-003-2011,s.4 in force Feb. 15, 2011
s.12.8 amended by R-017-2013,s.7 in force March 31, 2013
s.12.9 amended by R-017-2013,s.7 in force March 31, 2013
s.12.9 amended by R-129-2018,s.3
s.12.10 amended by R-017-2013,s.7 in force March 31, 2013
s.12.10 amended by R-129-2018,s.4
s.12.11 amended by R-017-2013,s.7 in force March 31, 2013
s.12.12 amended by R-017-2013,s.7 in force March 31, 2013
s.12.13 amended by R-017-2013,s.7 in force March 31, 2013
s.13 repealed by R-017-2013,s.8 in force March 31, 2013
s.14 amended by R-085-92,s.3
s.14 amended by R-079-2010,s.4
s.15 amended by R-085-92,s.3
s.15 amended by R-079-2010,s.4
s.16 amended by R-085-92,s.5
s.18 amended by R-085-92,s.3,6
s.18 amended by R-079-2010,s.5
s.18.1 amended by R-088-2020,s.2
s.19 amended by R-085-92,s.7
s.19 amended by R-003-2011,s.5 in force Feb. 15, 2011
s.20 amended by R-085-92,s.3
s.20 amended by R-017-2013,s.9 in force March 31, 2013
s.21 amended by R-079-2010,s.6
s.22 amended by R-085-92,s.3
s.22 amended by R-079-2010,s.5
s.23 amended by R-085-92,s.9
s.24 amended by R-012-2002,s.3 in force April 1, 2002
s.25 amended by R-085-92,s.3
s.26 amended by R-085-92,s.3
s.27 repealed by R-006-99,s.2 in force Jan. 31, 1999
s.28 amended by R-085-92,s.10
s.28.1 amended by R-017-99,s.2
s.28.1 amended by R-079-2010,s.2
s.29 amended by R-085-92,s.11
s.30 amended by R-056-2009,s.5
s.31 amended by R-085-92,s.12
s.31 amended by R-053-97,s.2 in force July 3, 1997
s.31 amended by R-056-2009,s.6
s.31 amended by R-017-2013,s.10 in force March 31, 2013
s.31.1 repealed by R-053-97,s.3 in force July 3, 1997
s.31.2 amended by R-085-92,s.12
s.33 amended by R-053-97,s.4 in force July 3, 1997
s.33 amended by R-079-2010,s.3
s.33.1 amended by R-053-97,s.5 in force July 3, 1997
s.34 amended by R-056-2009,s.7
s.34 amended by R-003-2011,s.6 in force Feb. 15, 2011
s.34 amended by R-017-2013,s.11 in force March 31, 2013
s.35 amended by R-085-92,s.3
s.35 amended by R-056-2009,s.7
s.35 amended by R-079-2010,s.7
s.sched_A amended by R-056-2018,s.2 in force April 1, 2018
s.form_3 amended by R-085-92, art. 14
s.form_3 amended by R-053-97, art. 7 in force July 3, 1997
s.form_3 amended by R-056-2009, art. 8

Cites

Cited by

None.

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 6.1. 6.1 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 12.1. 12.1 12.2. 12.2 12.3. 12.3 12.4. 12.4 12.5. 12.5 12.6. 12.6 12.7. 12.7 12.8. 12.8 12.9. 12.9 12.10. 12.10 12.11. 12.11 12.12. 12.12 12.13. 12.13 13. Repealed 14. 14 15. 15 16. 16 17. 17 18. 18 18.1. 18.1 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. Repealed 28. 28 28.1. 28.1 29. 29 30. 30 31. 31 31.1. Repealed 31.2. 31.2 32. 32 33. 33 33.1. 33.1 34. 34 35. 35 SCHEDULE A (Subsections 7(1), 10(2) and 23(2), SCHEDULE FORM FORM 2 (Subsection 31(1)) FORM

Interpretation

In these regulations,

"agreement for sale" means an agreement to sell Commissioner's land to a person applying to purchase such land; (convention de vente)

"application" means an application referred to in section 10, unless the context requires otherwise; (demande)

"authorized agent" means a person recommended and designated under section 3; (mandataire)

"commercial or industrial use" means use of Commissioner’s land that is not primarily

(a) recreational use,

(b) residential use, or

"Director" means the Director of Lands Administration for the Department of Lands; (directeur):

"land agent" means a person designated under subsection 4(2); (agent des terres)

"lease" means a lease of Commissioner's land, but does not include a disposal of timber rights; (bail)

"notification" means a direction in a form prescribed under the Northwest Territories Lands Act or the Territorial Lands Act (Canada) to the Registrar of Land Titles to issue a certificate of title for Commissioner's land to the person named in the direction; (notification)

"professional engineer" has the meaning assigned to that term by subsection 1(1) of the Engineering and Geoscience Professions Act; (ingénieur)

"security" means the security referred to in section 3.1 of the Act and calculated under section 12.6 of these regulations; (garantie)

"substantially modified" means, in respect of a building or structure that is being repaired or rebuilt, modifications that cumulatively exceed 75% of the square footage of the previous building or structure as it existed before these regulations came into force; (modifié considérablement)

"water body" means

(a) a lake, stream, river, creek, pond, pool, swamp, marsh, channel, gulley, coulee, draw, estuary or other similar body that normally contains fresh or salt water, and

(b) any Canadian waters as defined in subsection 35(1) of the Interpretation Act (Canada) that are within the Northwest Territories.

(étendue d’eau) R-085-92,s.2; R-056-2009,s.2; R-003-2011,s.2; R-017-2013,s.2; R-036-2014,s.2; R-129-2018,s.2.

Application of Regulations

(1) These regulations apply to the sale, lease or other disposition of Commissioner’s land or any interest in Commissioner’s land.

(2) Notwithstanding subsection (1), these regulations do not apply to Commissioner’s land that is designated as Commissioner’s public airport lands in regulations made under the Public Airports Act. R-068-97,s.2; R-017-2006,s.2.

Administration

The Minister shall recommend to the Commissioner persons to be designated as authorized agents to carry out powers and duties specified in these regulations. R-085-92,s.3; R-003-2011,s.3.

(1) The Deputy Minister shall administer the Act and these regulations so as to make Commissioner’s land available when and where it is required consistent with the protection of the public interest.

(2) The Deputy Minister shall designate persons as land agents and specify the areas of the Northwest Territories in respect of which their powers and duties under the Act and these regulations shall be exercised. R-085-92,s.3; R-079-2010,s.2; R-003-2011,s.3.

(1) Every land agent has the power to accept or reject applications in accordance with the Act and these regulations.

(2) Except as specifically provided in these regulations, no land agent has the authority to grant an interest in Commissioner’s land. R-085-92,s.3; R-056-2009,s.3.

(1) The Deputy Minister is authorized on behalf of the Commissioner, under paragraph 12(a) of the Act,

(a) to execute leases and agreements for sale;

(b) to cancel agreements for sale and terminate leases;

(d) to issue permits to cut and remove hay; and

(e) to issue quarrying permits.

(2) Where the exercise of a power under subsection (1) implements a decision made under these regulations by an authorized agent, the Deputy Minister must not exercise the power

(a) until the appeal period in subsection 34(1) has expired; and

(b) where an appeal is made under section 34, until disposition of the appeal.

R-085-92,s.3; R-056-2009,s.4; R-017-2013,s.3.

6.1.

The Director and authorized agents are each authorized, under paragraph 12(i) of the Act, to provide written permission for a person to be on Commissioner’s land conducting, participating in or observing an activity. R-077-2009,s.2; R-017-2013,s.4.

(1) A person to whom a certificate of title for Commissioner’s land is to be issued shall pay a fee in the amount set out in Schedule A for a notification.

(2) This section does not apply to a municipal corporation. R-089-94,s.2; R-012-2002,s.2.

Where in the opinion of the Deputy Minister the public interest would be served by advertising Commissioner’s land that is intended for sale to the public, he or she shall call for public tenders by advertising in a newspaper circulating in the area where the land is located. R-085-92,s.3.

No interest in Commissioner’s land shall be sold, leased or otherwise disposed of unless the Deputy Minister is satisfied that

(a) the applicant for the land has discharged the obligations and performed the covenants and agreements that are required of him or her before the sale, lease or other disposal;

(b) the land is no larger in area than is reasonable for the purpose for which the land is required; and

R-085-92,s.3.

Applications for Land

10.

(1) Where a person desires to purchase, lease or obtain any interest in Commissioner’s land, that person shall complete an application in the form provided by the Deputy Minister and submit it to the authorized agent for the area in which the land is situate.

(2) Every application shall be accompanied by a deposit in the amount set out in Schedule A.

(3) The acceptance of an application or a deposit referred to in subsection (2) does not confer on the applicant any right, title or interest in the land applied for.

(4) When an interest in land under an application has been granted to the applicant, the deposit of the applicant referred to in subsection (2) shall be applied to the purchase price or rent as the case may be.

(5) Where an application is refused, the deposit referred to in subsection (2) shall be refunded.

(6) Where an applicant refuses or fails to execute an agreement for sale or lease within a reasonable time after notice sent to him or her by registered mail that his or her application has been approved or otherwise fails to comply with the Act or these regulations the deposit referred to in subsection 10(2) shall be forfeited.

(7) If two or more persons apply under subsection (1) for the same land, the Deputy Minister may authorize an authorized agent to

(a) give priority over the other applicants to the person who first applied; or

(b) do the following:

(i) conduct a ballot draw of the names of all applicants,

(ii) allow an independent party designated by the Deputy Minister to randomly select one ballot, and

(iii) give to the applicant whose name is on the first selected ballot priority over the other applicants.

R-085-92,s.4; R-017-2013,s.5.

11.

(1) If an application is made to purchase or lease Commissioner’s land that is not surveyed, the authorized agent shall prepare a sketch of the land and, if he or she deems it necessary, mark off on the ground the boundaries of the land.

(2) In timbered areas, the boundaries of the land applied for shall be clearly marked. R-017-2013,s.6.

12.

(1) Every application for the purchase or lease of Commissioner’s land shall contain

(a) a statement of the purpose for which the land is required; and

(b) a description of the nature and value of the improvements to be made to the land.

(2) Where the applicant intends to construct any building or other improvement on the land applied for to which the public is to be admitted he or she shall submit to the Fire Marshal or his or her Deputy and to the Medical Officer of Health such plans and other information as may be required by them for fire safety and public health purposes.

(3) The applicant shall complete the improvements referred to in subsection (1) within a period of time specified in the agreement for sale or lease, as the case may be.

(4) It is a condition of any lease or agreement for sale that the lessee or purchaser shall not construct or add any improvements other than those described under subsection (1) without written authorization from the Deputy Minister. R-085-92,s.3.

Commercial or Industrial Use Leases

12.1.

Where an application is made to lease Commissioner’s land under section 10 for a commercial or industrial use, the applicant must submit the following to an authorized agent:

(a) a commercial or industrial use lease application in a form approved by the Deputy Minister;

(b) any additional information that the authorized agent may require;

R-003-2011,s.4.

12.2.

Where an authorized agent requires that the applicant referred to in section 12.1 provide a statement certified by a professional engineer, the statement must, in respect of the intended commercial or industrial use,

(a) describe the use;

(b) describe the potential effects of the use on Commissioner’s land and adjacent lands;

(d) provide a plan for the restoration of the land; and

(e) provide an itemized estimate of the likely costs of carrying out a restoration of the land during or after the use.

R-003-2011,s.4.

12.3.

(1) An authorized agent may, on receipt of an application made under section 12.1,

(a) approve the application and require the applicant to provide the security calculated under section 12.6;

(b) require the applicant to provide a statement certified by a professional engineer under section 12.2; or

(2) An authorized agent shall not execute a commercial or industrial use lease unless he or she

(a) has approved the application; and

(b) has received and is in possession of the security.

(3) No person shall engage in a commercial or industrial use unless the person has

(a) an executed commercial or industrial use lease for the land; and

(b) provided an additional amount to complete the security, if required, under section 12.6.

R-003-2011,s.4.

12.4.

(1) Where a lessee intends to assign or transfer a commercial or industrial use lease, the intended assignee or transferee and lessee shall, as soon as is practicable, submit an application to an authorized agent that includes

(a) a commercial or industrial use lease application referred to in paragraph 12.1(a); and

(b) any additional information that the authorized agent may require.

(2) An application shall be treated as a new submission under section 12.1.

(3) The authorized agent may refuse to approve an application if he or she believes that the security may be at risk.

(4) Where the authorized agent refuses to approve an application, the lessee shall not assign or transfer the commercial or industrial use lease. R-003-2011,s.4.

12.5.

(1) Where a commercial or industrial use differs from the use described in the commercial or industrial use lease application referred to in paragraph 12.1(a) or the statement certified by a professional engineer referred to in section 12.2, the lessee shall, as soon as is practicable,

(a) notify an authorized agent; and

(b) make an application to the authorized agent that includes

(i) a commercial or industrial use lease application referred to in paragraph 12.1(a), and

(ii) any additional information that the authorized agent may require.

(2) An application under paragraph (1)(b) is to be treated as a new submission under section 12.1. R-003-2011,s.4.

Security

12.6.

(1) An authorized agent shall calculate the value of a security so that it is equivalent to the expected costs of the restoration of the land.

(2) An authorized agent shall consider the information contained in the commercial or industrial use lease application referred to in paragraph 12.1(a) in calculating the security.

(3) An authorized agent may require additional information from the applicant prior to calculating the security.

(4) Where an authorized agent calculates the security and the calculated security is different from the security estimated by the applicant on the commercial or industrial use lease application referred to in paragraph 12.1(a) or by a professional engineer under paragraph 12.2(e), the authorized agent shall provide the applicant with a written statement explaining how the security has been calculated.

(5) Where an authorized agent reasonably believes that a commercial or industrial use differs from what has been described in any document submitted under these regulations by the lessee, the authorized agent may recalculate the security taking into account the differences.

(6) An authorized agent shall review the calculation of the security at least once every five years and may recalculate the security taking into account

(a) the rate of inflation as recorded by the Bank of Canada using the national Consumer Price Index; or

(b) any other factor that might change the calculated security.

(7) Where an authorized agent recalculates the security under subsection (5) or (6) and the recalculated security is different from the existing security, he or she shall provide the lessee with a written statement explaining how the security has been recalculated.

(8) Where an authorized agent is satisfied that the lessee has carried out a restoration to any part of the land, the authorized agent may recalculate the security.

(9) Where an additional amount is required to complete the security following a calculation under this section and the additional amount is not posted within 90 days after the lessee is notified of the requirement for the additional amount, the Director may terminate the lease.

(10) A security is not required to be posted if the security calculated or additional amount of security recalculated, does not exceed $1,000. R-003-2011,s.4.

12.7.

(1) An authorized agent

(a) is a revenue officer as defined in subsection 1(1) of the Financial Administration Act; and

(b) shall receive and take into possession the security calculated under section 12.6.

(2) The security must be in one or more of the following forms:

(a) a performance bond;

(b) an irrevocable letter of credit;

(3) A security must name the Commissioner as the irrevocable beneficiary.

(4) A security must not be in cash. R-003-2011,s.4.

Recreational Use Leases

12.8.

(1) If an application is made under section 10 to lease Commissioner's land for recreational use, a lease must not be granted if

(a) the area of the land exceeds 1,200 m2; or

(b) any part of the land is less than 30 m from the high water mark of a water body.

(2) A person who holds a lease of Commissioner’s land for recreational use shall not use that land for any use other than recreational use.

(3) A person who holds a lease of Commissioner’s land for recreational use shall not

(a) alter the boundaries of the land;

(b) subdivide or sublease any portion of the land;

(c) erect on the land fences or other physical barriers unless it is for the purpose of enclosing gardens or to protect structures from weather or wildlife; or

(d) allow the land to be littered with debris, including derelict vehicles.

(4) A person who holds a lease of Commissioner’s land for recreational use shall not clear the land, unless it is only cleared to the extent necessary to accommodate the building of structures in accordance with these regulations.

(5) A person who holds a lease of Commissioner’s land for recreational use shall restore the land to its original state if that land is no longer required for the purposes for which it was cleared under subsection (4). R-017-2013,s.7.

Buildings or Other Structures

12.9.

(1) In this section,

"ancillary structure" means a building or other structure whose primary use is incidental to the use of the land; (structure secondaire)

"building or other structure" does not include a dock, deck, driveway, parking lot or earthworks;(bâtiment ou structure)

"front lot line" means the boundary of land that is closest to and most parallel to the bank or shoreline of a water body or a road or trail. (limite avant du lot)

(2) This section does not apply to Commissioner’s land if

(a) a legal right in the land has been granted for recreational use; and

(b) the legal right to the land was obtained by the interest holder before March 31, 2013.

(2.1) Notwithstanding subsection (2), if a building or structure that was in place on land referred to in subsection (2) is substantially modified, this section applies to the building or structure as modified.

(3) A person who holds a lease of Commissioner’s land for recreational use shall not construct on the land a building or other structure unless

(a) he or she submits a plan of the construction to a land agent at least 60 days before construction begins; and

(b) the plan has been approved by the land agent before construction begins.

(4) A plan submitted under subsection (3) must include a scale drawing that shows

(a) which direction is north;

(b) the boundaries of the land and an indication of their distances to the nearest water bodies;

(c) the proposed placement of each building or other structure and an indication of their distances from the boundaries of the land;

(d) each planned building or other structure and an indication of their dimensions including maximum height;

(e) approximate location of existing vegetation; and

(f) approximate locations of access to and egress from the land.

(5) A plan submitted under subsection (3) must include

(a) a description of the intended use of each building or other structure;

(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and

(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the buildings or other structures.

(6) Subject to subsections (7) and (8), a person who holds a lease of Commissioner’s land for recreational use shall not construct on the land a building or other structure that has

(a) a footprint that exceeds 100 m2; or

(b) a height that exceeds 5 m.

(7) A person who holds a lease of Commissioner’s land for recreational use may

(a) submit a plan under subsection (3) to construct on the land an A-frame building or other similar structure with a height that exceeds 5 m but with a footprint that does not exceed 100 m²; and

(b) construct the A-frame building or other similar structure in accordance with the submitted plan if it is approved under subsection (3).

(8) A person who holds a lease of Commissioner’s land for recreational use shall not construct on the land

(a) more than four ancillary structures;

(b) ancillary structures with a total combined footprint that exceeds 45 m²; or

(9) A person who holds a lease of Commissioner’s land for recreational use shall not construct on the land a deck that exceeds a total footprint of 50 m2.

(10) A person who holds a lease of Commissioner’s land for recreational use shall not construct a building or other structure on the land unless the building or other structure is set back

(a) at least 15 m from the front lot line;

(b) at least 15 m from a boundary other than the front lot line, that is a bank or shoreline of a water body; and

(11) A person who holds a lease of Commissioner’s land for recreational use shall not construct on the land a building or other structure with a spacing of less than 1 m from another building or other structure.

(12) A person who holds a lease of Commissioner’s land for recreational use shall not use an ancillary structure for human habitation. R-017-2013,s.7; R-129-2018,s.3.

Docks

12.10.

(1) In this section, "Dock Primer" means Department of Fisheries and Oceans Document Number DFO/2008-1431, The Dock Primer - Prairies Edition (2008).

(2) The Dock Primer, as amended from time to time, is adopted as a standard.

(3) This section does not apply to Commissioner’s land if

(a) a legal right in the land has been granted for recreational use; and

(b) the legal right to the land was obtained by the interest holder before March 31, 2013.

(3.1) Notwithstanding subsection (3), if a dock that was in place on land referred to in subsection (3) is substantially modified, this section applies to the dock as modified.

(4) A person shall not construct on the land a dock unless

(a) he or she submits a plan of the construction to a land agent at least 60 days before construction begins; and

(b) the plan has been approved by the land agent before construction begins.

(5) A plan submitted under subsection (4) must include a scale drawing that shows

(a) which direction is north;

(b) the boundaries of the land and an indication of their distances to the nearest water bodies;

(d) the dock and an indication of its proposed dimensions including maximum height;

(e) approximate location of existing vegetation; and

(f) approximate locations of access to and egress from the land.

(6) A plan submitted under subsection (4) must include

(a) a description of the intended use of the dock;

(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and

(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the dock.

(7) If land is not adjacent to a water body but is adjacent to other land that is adjacent to a water body, a person who holds a lease of Commissioner’s land for recreational use may

(a) submit a plan under subsection (4) to construct and situate a dock on the bank or shoreline of that other land, using the most direct and shortest distance from the land to the shoreline as possible; and

(b) construct and situate the dock in accordance with the submitted plan if it is approved under subsection (4).

(8) A dock constructed under this section must be constructed in conformity with the Dock Primer. R-017-2013,s.7; R-129-2018,s.4.

Driveways, Parking Lots and Earthworks

12.11.

(1) In this section, "driveway" includes a road, trail or right of way.

(2) A person who holds a lease of Commissioner’s land for recreational use shall not construct on the land a driveway, parking lot or earthworks unless

(a) he or she submits a plan of the construction to a land agent at least 60 days before construction begins; and

(b) the plan has been approved by a land agent before construction begins.

(3) A plan submitted under subsection (2) must include a scale drawing that shows

(a) which direction is north;

(b) the boundaries of the land and an indication of their distances to the nearest water bodies;

(c) the proposed placement of each planned driveway, parking lot or earthworks and an indication of their distances from the boundaries of the land;

(d) each planned driveway, parking lot or earthworks and an indication of their proposed dimensions including maximum height;

(e) approximate location of existing vegetation; and

(f) approximate locations of access to and egress from the land.

(4) A plan submitted under subsection (2) must include

(a) a description of the intended use of each driveway, parking lot or earthworks;

(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and

(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the driveways, parking lots or earthworks.

(5) A person who holds a lease of Commissioner’s land for recreational use shall not construct on the land a driveway, unless

(a) the driveway has a width that does not exceed 4 m; and

(b) the driveway is constructed so as to use the most direct route from its terminus to the nearest road or highway access.

(6) A person who holds a lease of Commissioner’s land for recreational use shall not construct on the land parking lots with a collective area that exceeds 30 m2.

(7) For greater clarity, nothing in this section affects the applicability of any other laws respecting access to driveways. R-017-2013,s.7.

Fuel and Waste Management

12.12.

(1) In this section, "waste" includes liquid and solid waste and materials that are hazardous to the environment or to human health.

(2) A person who holds a lease of Commissioner’s land for recreational use shall make reasonable efforts to ensure that leased land and adjacent land is not contaminated by waste.

(3) Reasonable efforts made under subsection (2) include

(a) the temporary indoor storage of waste in covered containers;

(b) the temporary outdoor storage of waste in wildlife resistant containers; and

(4) A person shall not dispose of waste onto the land or into a water body.

(5) For greater clarity, nothing in this section affects any obligations imposed under any other enactment. R-017-2013,s.7.

Fire Pits

12.13.

A person who holds a lease of Commissioner’s land for recreational use shall not use a fire pit on the land for a recreational fire, unless

(a) it is fuelled by untreated, unpainted and preservative-free wood or wood products;

(b) it is located at least 3 m from buildings, property lines or combustible materials;

(c) the sides of the fire pit are fully enclosed and constructed from brick, concrete block, heavy gauge metal or other non-combustible material;

(d) it is fixed to the ground to prevent tipping;

(e) it does not extend more than 1 m above the ground; and

(f) the surface area of the fire pit does not exceed 2 m2.

R-017-2013,s.7.

Reservations

13.

Repealed, R-017-2013,s.8.

14.

Every sale or lease of Commissioner’s land is deemed to contain, unless otherwise stated, in addition to such terms and conditions as the Deputy Minister may deem necessary, a reservation of

(a) all mines and of all minerals whether solid, liquid or gaseous which may be found to exist within, upon, or under such lands together with the full powers to work them and for that purpose to enter upon, use and occupy the lands or so much of the lands and to such an extent as may be necessary for the effectual working and extracting of the said minerals; and

(b) the right to enter upon the land for the purpose of installing and maintaining any public utility.

R-085-92,s.3; R-079-2010,s.4.

15.

Every lease of Commissioner’s land is deemed to contain, unless otherwise stated, in addition to such terms and conditions as the Deputy Minister may deem necessary, a reservation of

(a) the right to cut timber on the land; and

(b) the right to quarry the land.

R-085-92,s.3; R-079-2010,s.4.

Sale of Commissioner’s Land

16.

Where an application to purchase Commissioner’s land is approved, unless the application is withdrawn by the applicant or as otherwise agreed by the Deputy Minister, the applicant shall enter into an agreement for sale in the form agreed to or provided by the Deputy Minister. R-085-92,s.5.

17.

Payment for Commissioner’s land shall be made either by

(a) payment in full at the time of sale; or

(b) payment of

(i) not less than 20% of the purchase price at the time of sale and the balance of the purchase price in equal consecutive annual instalments over a period not exceeding 10 years, and

(ii) interest at the rate set out in the Act.

Lease of Commissioner’s Land

18.

(1) Every lease, other than a quarrying lease, shall be for a term not exceeding 30 years and in the form agreed to or provided by the Deputy Minister.

(2) On the expiration of a lease referred to in subsection (1), the Deputy Minister may grant another lease to the lessee for a further term not exceeding 30 years upon such terms and conditions as the Deputy Minister deems fit. R-085-92,s.3,6; R-079-2010,s.5.

18.1.

(1) Subject to subsections (3) and (4), during the period beginning on April 1, 2020 and ending on March 31, 2021, no rent is payable in respect of or under a lease or other disposition of Commissioner’s land.

(2) Subsection (1) applies notwithstanding

(a) section 24;

(b) any ministerial policy respecting Commissioner’s land; and

(3) Subsection (1) applies only to leases or other dispositions of Commissioner’s land that are in effect on or before April 1, 2020.

(4) For greater certainty, subsection (1) does not apply in respect of the following types of fees or charges:

(a) administrative or service fees;

(b) fees associated with maps, plans, field notes, documents, papers or other records;

(d) fees or charges associated with the sale of Commissioner’s land;

(e) royalties;

(f) other similar fees or charges.

R-088-2020,s.2.

Restoration of the Land

19.

(1) In this section, "lessee" means a person who holds or has held a lease and who engages in or is engaged in a commercial or industrial use.

(2) A lessee shall, prior to the expiry of the lease, carry out a restoration of the land to the satisfaction of the Director.

(3) Where the lessee does not carry out a restoration of the land to the Director’s satisfaction, the Director may

(a) carry out the restoration of the land;

(b) charge the costs of the restoration of the land to the lessee; or

(4) Where the Director carries out a restoration of the land under subsection (3),

(a) the Director shall recover the costs of the restoration of the land from the lessee by first debiting the security and then seeking recovery of the remaining costs, if any, from the lessee; and

(b) any amount remaining after the security has been paid and the restoration has been completed must be paid back to the lessee.

(5) Where the lessee carries out a restoration of the land to the satisfaction of the Director, the Director shall

(a) return the security to the lessee and consent to the revocation of the Commissioner as beneficiary; and

(b) issue a letter of clearance to the lessee.

(6) The letter of clearance referred to in paragraph (5)(b) has the effect of discharging the lessee from those liabilities to the Commissioner that are associated with the commercial or industrial use of that land under the lease. R-085-92,s.7; R-003-2011,s.5.

20.

(1) When a lease is cancelled or expired and there are no arrears of rent or taxes, the lessee may, within three months of the cancellation or expiry, remove any buildings or other structures owned by him or her that may be on the lands or the portion of the lands withdrawn from the lease.

(2) When a lease is cancelled or expired and there are arrears of rent or taxes, the authorized agent for the area in which the lands leased are located shall make an appraisal of the buildings or other structures belonging to the lessee (that are located on) the land and the Deputy Minister may order the sale of such buildings by public auction.

(3) Where a lessee described in subsection (1) does not remove his or her buildings or other structures within three months of the expiration or cancellation of a lease, the authorized agent for the area in which the lands leased are located shall make an appraisal of the buildings or other structures that have been left on the land by the lessee and the Deputy Minister may order their sale by public auction.

(4) Where the buildings or other structures described in subsection (2) or (3) have been offered for sale by public auction and have not been sold, the Deputy Minister may authorize their disposal by other means.

(5) From the proceeds realized from the sale of a building or any other structure under this section, the authorized agent shall, after deducting any expenses of sale and any arrears of rent and taxes, pay to the former lessee the balance remaining from that sale. R-085-92,s.3; R-017-2013,s.9.

21.

A lease is deemed to include a covenant that the lessee shall not use the land or allow it to be used for any purpose other than that stated in the lease. R-079-2010,s.6.

Quarrying Leases

22.

(1) A person who desires to obtain a lease of Commissioner’s land for the purpose of quarrying and taking limestone, granite, slate, marble, gypsum, marl, gravel, loam, sand, clay, volcanic ash or stone from the Commissioner’s land shall make application as provided by section 10 and shall stake lands in the manner prescribed in this section.

(2) In the case of loam the area of a quarrying lease shall not exceed 8 ha, and in the case of any other material referred to in subsection (1) the area shall not exceed 65 ha, and the length of any area shall not exceed twice the breadth.

(3) Land staked for a quarrying lease shall be rectangular in form except where a boundary of a previously staked tract is adopted as common to both areas.

(4) The Deputy Minister shall not issue a quarrying lease to an applicant unless, in the Deputy Minister’s opinion, the materials to be quarried are to be used or marketed immediately, the land contains such materials in economic quantities, and use of the land applied for quarrying purposes is not significantly detrimental to the surrounding area. R-085-92,s.3; R-079-2010,s.5.

23.

(1) The term of a quarrying lease shall not exceed 10 years.

(2) A quarrying lease must provide that the lessee shall pay a royalty in the amount set out in Schedule A. R-085-92,s.9.

24.

A lessee shall pay an annual rental fee for a quarrying lease in the amount set out in Schedule A. R-012-2002,s.3.

25.

A lessee shall, within such time from the date of the quarrying lease as the Deputy Minister may fix, commence the removal in merchantable quantities of the material or materials from the area under the quarrying lease and shall continue the removal to an extent and in a manner satisfactory to the Deputy Minister. R-085-92,s.3.

26.

Where in the opinion of the Deputy Minister the lessee has complied with the terms of his or her quarrying lease and the regulations, the Deputy Minister may grant another lease for a term not exceeding 10 years subject to such terms and conditions as he or she deems fit. R-085-92,s.3.

27.

Repealed, R-006-99,s.2.

Assignment

28.

A person wishing to assign a lease, a part of a lease or an agreement for sale shall

(a) pay the outstanding rent or payments due; and

(b) furnish to the Deputy Minister

(i) a properly executed assignment of lease or agreement for sale in the form agreed to or provided by the Deputy Minister,

(ii) a certificate from the proper official of the Government of the Northwest Territories, municipality or other authority stating that all taxes on the land dealt with in the assignment have been paid, and

(iii) a fee in the amount set out in Schedule A. R-085-92,s.10.

28.1.

(1) In this section, "solicitor" means a member of the Law Society of the Northwest Territories who is entitled to practice law in the Northwest Territories.

(2) Notwithstanding sections 9 and 28, where a person wishing to assign a lease or an agreement for sale owes rent, payments or taxes in respect of Commissioner’s land and is unable to pay the outstanding rent, payments or taxes before an assignment of lease or agreement for sale is approved by the Deputy Minister, the Deputy Minister may approve the assignment of lease or agreement for sale if the Deputy Minister has received, in a form acceptable to him or her, a solicitor’s written undertaking to pay all outstanding rent, payments or taxes and any applicable interest in respect of the lease or agreement for sale within 15 days of the closing date of the transaction that gave rise to the assignment of lease or agreement for sale. R-017-99,s.2; R-079-2010,s.2.

29.

(1) No assignment of a lease or an agreement for sale is binding on the Commissioner unless it has been approved by the Commissioner or a person designated by him or her for the purpose.

(2) A person surrendering a lease shall execute a surrender of lease in the form agreed to or provided by the Deputy Minister. R-085-92,s.11.

Hay Permits

30.

(1) Any person may apply to a land agent for a permit to cut hay on Commissioner’s land.

(2) The land agent may issue a hay permit to a person described in subsection (1) in Form 1 of Schedule B on payment of the fee set out in Schedule A. R-056-2009,s.5.

Quarrying Permits

31.

(1) The Deputy Minister or a municipal corporation or any other person that has entered into a quarry administration agreement may, on the application of any person and on the payment of the fee for a quarrying permit, the royalty and the fees for quarry restoration, road maintenance and quarry administration set out in Schedule A and, where applicable, any fee charged under subsection (1.1), issue a quarrying permit in Form 2 of Schedule B authorizing such person to take, subject to any conditions specified in the permit, such granular materials in such quantities as are specified in the permit from the land described in the permit.

(1.1) The Deputy Minister or a municipal corporation or any other person that has entered into a quarry administration agreement shall, in addition to the fees set out in Schedule A, charge a quarry development fee determined under subsection (1.2) to an applicant for a quarrying permit where one or more of the following activities has been carried out at a quarry in order to facilitate the sale or supply of granular materials under the authority of the permit:

(a) drilling;

(b) blasting;

(d) stockpiling;

(e) loading;

(f) hauling;

(g) any other development activity.

(1.2) The Deputy Minister or a municipal corporation or any other person that has entered into a quarry administration agreement shall, in accordance with subsection (1.3) and before March 31 each year, determine the quarry development fee that may be charged during the period beginning on April 1 in that year and ending on March 31 in the following year for each cubic metre of granular materials to be developed for sale or supply at a quarry during that period.

(1.3) The quarry development fee that may be charged in a period referred to in subsection (1.2) must be equal to

where

(a) A is the total estimated cost of developing the granular materials estimated to be required for sale or supply during the period; and

(b) B is the total estimated number of cubic metres of granular materials estimated to be required for sale or supply during the period.

(1.4) Before the commencement of the period in respect of which a quarry development fee is determined under subsection (1.3), the Deputy Minister or a municipal corporation or any other person that has entered into a quarry administration agreement shall

(a) publish the amount of the quarry development fee for each cubic metre of granular materials, in a newspaper or any other publication circulating in the region or place where the quarry is located; or

(b) post the amount of the quarry development fee that will be charged for each cubic metre of granular materials, in various conspicuous locations within the region or place where the quarry is located and at the site of the quarry.

(2) On application and without the payment of any fees or royalties, the Deputy Minister or a municipal corporation or any other person that has entered into a quarry administration agreement may issue a quarrying permit authorizing any of the following applicants to take such materials in such quantities as are specified in the permit from the land described in the permit:

(a) the Government of Canada;

(b) the Government of the Northwest Territories;

(d) an educational, religious or charitable institution or hospital.

(3) A quarrying permit expires when the quantity of material specified in the permit has been quarried or removed or on the day specified in the permit, whichever occurs first.

(4) The day specified in the permit must not be more than 12 months after the date of issue of the permit.

(5) A quarrying permit is not assignable and any assignment of it is of no effect. R-085-92,s.12; R-053-97,s.2; R-056-2009,s.6; R-017-2013,s.10.

A

B

31.1.

Repealed, R-053-97,s.3.

31.2.

(1) Where a permittee is required by a quarry permit to restore a quarry, the fee for quarry restoration paid under subsection 31(1) shall be refunded to the permittee if the permittee restores the quarry and the quarry is restored to a condition acceptable to the Deputy Minister on the expiration of the quarry permit.

(2) Where a permittee is required by a quarry permit to maintain an access road to a quarry, the fee for road maintenance paid under subsection 31(1) shall be refunded to the permittee if the permittee has maintained the road and it is in a condition acceptable to the Deputy Minister on the expiration of the quarry permit. R-085-92,s.12.

32.

Any person may take, without a quarrying permit or payment of any fees or dues, not more than 40 m³ of sand, gravel or stone from Commissioner’s land in any year for his or her own use but not for barter or sale.

33.

(1) The Deputy Minister or a municipal corporation or any other person that has entered into a quarry administration agreement may issue to any person resident in the Northwest Territories, without the payment of any fee or royalty, a quarrying permit authorizing him or her to take not more than 12 m³ of loam from Commissioner’s land in any year for his or her own use, but not for barter or sale.

(2) No person shall take loam from any Commissioner’s land unless he or she is the holder of a quarrying permit. R-053-97,s.4; R-079-2010,s.3.

Quarry Administration Agreements

33.1.

(1) The Deputy Minister may enter into a quarry administration agreement with a municipal corporation or any other person providing for the establishment, operation and restoration of a quarry on Commissioner’s land.

(2) A municipal corporation or any other person that has entered into a quarry administration agreement under subsection (1), may, if authorized to do so by the agreement,

(a) issue quarrying permits in accordance with section 31;

(b) collect any royalty or fee set out in Schedule A to these regulations;

(c) where appropriate, determine, charge and collect a quarry development fee in accordance with subsections 31(1.1) to (1.3); and

(d) retain any fee, but not any royalty, collected under paragraph (b) or (c).

R-053-97,s.5.

Appeal

34.

(1) A person aggrieved by a decision made under these regulations by a land agent or an authorized agent may appeal to the Director within 30 days after the decision is made.

(2) An appeal must be made in Form 3 set out in Schedule B.

(3) On receiving an appeal the Director shall, without delay,

(a) review the appeal form and any other documents that the Director considers necessary;

(b) request and review the written submissions of the appellant and any other written submissions the Director considers necessary, if the Director considers written submissions are an appropriate manner of hearing;

(c) hear the oral representations of the appellant and any other oral representations the Director considers necessary, if the Director considers oral representations are an appropriate manner of hearing;

(d) affirm, modify or revoke the decision appealed from;

(e) cause a copy of his or her written decision, along with a copy of the appeal file, to be sent to the appellant by registered mail; and

(f) cause a copy of his or her decision to be provided to the land agent or the authorized agent.

(4) The decision appealed from is stayed pending disposition of an appeal. R-056-2009,s.7; R-003-2011,s.6; R-017-2013,s.11.

35.

An appellant who is dissatisfied with the decision of the Director under section 34 may, within 30 days after receiving a copy of the decision, apply to the Supreme Court for judicial review on a point of law. R-085-92,s.3; R-056-2009,s.7; R-079-2010,s.7.

SCHEDULE A (Subsections 7(1), 10(2) and 23(2),

section 24, subparagraph 28(b)(iii), and subsections 30(2) and 31(1))

Deposits, Fees and Royalties

1. Fee for a notification ................................................ $100

2. Fee for application for a commercial or industrial use lease................... $250

3. Deposit to accompany an application to purchase, lease or obtain another interest in Commissioner’s land ................................................ $250

4. Royalty on each cubic metre of material taken from the quarry under a quarrying lease or permit ..................................................... $3.00

5. Annual rental fee for a quarrying lease................................... $250

6. Fee for a quarrying permit ............................................ $250

7. Fee to accompany an assignment of a lease or a part of a lease................ $100

8. Fee to accompany an assignment of an agreement for sale ................... $250

9. Fee for a hay permit ................................................. $150

10. Fee for quarry restoration, for each cubic metre of material taken from the quarry............................................................ $1.50

11. Fee for road maintenance, for each cubic metre of material taken from the quarry............................................................ $1.50

12. Fee for quarry administration, for each cubic metre of material taken from the quarry............................................................ $1.50

R-056-2018,s.2.

SCHEDULE

FORM

HAY PERMIT

Name: ....................................... (surname)

of: ...................................................................

his or her own use from the lands described as follows: ................................................

.............................................................................................

during the period from: ...........................

Dated at: ......................................

FORM 2 (Subsection 31(1))

QUARRYING PERMIT

............................................................................................. (full name of permittee)

of: ......................................................................................... (mailing address of permittee)

is hereby authorized to take: ................... m³ of: .......................................... (type of material)

from the lands described as follows or as sketched on the reverse side of this permit:..........................

.............................................................................................

This permit is subject to the following conditions:

1. This permit expires on .......................... or when the quantity of material specified in this permit has been quarried or removed, whichever occurs first.

2. This permit does not grant to the permittee any exclusive right or leasehold interest in the land described above.

3. This permit is not assignable and any assignment of it is of no effect.

4. All quarrying under this permit must be carried out in accordance with the Mine Health and Safety Act where that Act applies.

5. This permit is issued subject to the provisions of the Commissioner’s Land Act and the Commissioner’s Land Regulations and the conditions set out in this permit. Failure to comply with the provisions of the Commissioner’s Land Act, the Commissioner’s Land Regulations and the conditions set out in this permit may result in cancellation of the permit without prior notice to the permittee.

6. This permit is also subject to the following special conditions (if any):..................................

..........................................................................................

Issued at: ......................................

........................................

Date: ..........................................

............................................................... (Deputy Minister or authorized person)

FORM

APPEAL

Name of appellant: .............................. (surname)

Mailing address:

...............................................

Phone: ........................................ (home)

Decision being appealed: .......................................................................

.............................................................................................

Date of decision: ..............................................................................

Reasons for appeal: ............................................................................

.............................................................................................

Remedy being sought: ..........................................................................

.............................................................................................

Dated at: .....................................

R-085-92,s.14; R-053-97,s.7; R-056-2009,s.8.

FORMULE

FORMULAIRE

Nom de l’appelant : .............................. (nom)

Adresse postale :

...............................................

Téléphone : .................................... (maison)

Décision faisant l’objet de l’appel : ................................................................

.............................................................................................

Date de la décision : ...........................................................................

Motifs d’appel : ...............................................................................

.............................................................................................

Réparation recherchée : .........................................................................

.............................................................................................

À : ..........................................

R-085-92, art. 14; R-053-97, art. 7; R-056-2009, art. 8.