Dredging Regulations
Regulation- Registration
- R-014-2014
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca) consolidation downloaded Jun 6, 2026
- Under
- Northwest Territories Lands 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.
The Commissioner in Executive Council, under section 19 of the Northwest Territories Lands Act and every enabling power, makes the Dredging Regulations.
INTERPRETATION
(1) In these regulations,
"mineral" includes every natural substance including gold and silver that may be recovered from the submerged bed of a river by the process commonly known as dredging, but does not include peat, bitumen, oil shales, clay, sand and gravel; (minéral)
"recorder" means the Mining Recorder as defined in the Mining Regulations; (registraire)
"river" means a stream of water the bed of which is an average width of 150 feet throughout the portion sought to be leased; (rivière)
"river bed" means the bed and bars of a river to the foot of the river’s natural banks; (lit d’une rivière)
"Surveyor General" means the Surveyor General as defined in the Canada Lands Surveys Act. (arpenteur général)
(2) The recorder’s decision as to the width of a stream on which a dredging application has been made is final.
LEASES
The Minister may issue to an applicant a lease granting the exclusive right to dredge for minerals in the submerged bed of a river.
A location for a dredging lease must be marked out by two posts placed on the margin of a river, above the highwater mark, as follows:
(a) the first post must be at least four feet above the surface of the ground located at the upstream end of the area to be covered by the lease, be not less than four inches in diameter, be mounded to a height of two feet with conically shaped mounding that has a diameter at the base of not less than three feet, and be faced on the downstream side, which facing must be legibly marked with the following inscription:
(i) post No. 1,
(ii) the date and time of staking,
(iii) the name of the staker,
(iv) the distance to the second post,
(v) the letters "DL";
(b) the second post must be similar to the first post, be placed on the same side of the river as the first post at the downstream end of the location covered by the lease, be faced and mounded in the manner required for the first post under paragraph (a) and be marked with the following inscription:
(i) post No. 2,
(ii) the name of the staker,
(iii) the distance upstream to the first post,
(iv) the letters "DL".
A portion of a river staked must be continuous, and must not exceed 10 miles measured along the middle of the river following its sinuosities.
A holder of a lease has the exclusive right to dredge the river bed within the length of the river leased to him or her.
Not more than one lease may be issued to any person.
If directed by the Minister, a lessee shall cause a survey to be made, at the lessee’s expense and in accordance with the instructions of the Surveyor General, of the area of river leased to the lessee, and, within six months after receiving the direction and instructions, file the returns of the survey with the Minister.
(1) A lease must be for a term of 15 years and at the end of a term all rights that are vested in or may be claimed by the lessee under the lease cease and determine.
(2) A lease may be renewed from time to time at the discretion of the Minister if the Minister is satisfied that
(a) the area of the lease has not been fully dredged; and
(b) the lessee has, during the term of the lease, carried on dredging operations efficiently and has otherwise complied with these regulations.
A lessee shall not assign, transfer or sublet the demised premises or any portion of them without the written consent of the Minister.
A lease is subject to the rights of any person who, before the issue of the lease, is entitled to or has obtained a grant of a claim under the Northwest Territories Placer Mining Regulations (Canada).
(1) A lessee shall, within three years from the date of his or her lease, have at least one dredge, of a capacity that the Minister considers sufficient, in operation on the area described in the lease and shall in every subsequent year during the continuance of the lease dredge from the area described in the lease not less than 20,000 cubic yards of gravel, sand or other substance.
(2) The Minister may cancel the lease of a lessee who fails to provide proof yearly, or at the times that the Minister directs, of the efficient operation of the dredge and of the actual work performed.
(3) On application by persons holding up to five adjoining dredging leases, the Minister may grant permission to the persons to operate each of their respective dredges on any one or more of the areas covered by the leases for a term not exceeding 10 years and to perform on any one or more of the areas all of the work required under subsection (1) to be done on each area separately.
FEES
(1) An application for a lease must be accompanied by a fee of $5 together with the rent for the first year at the rate of $100 for each mile of river to be leased.
(2) The rent for each subsequent year is $10 for each mile, payable in advance.
(3) The fees in respect of a lease are set out in the Schedule.
ROYALTIES
(1) On or before April 1 in each year, a lessee shall pay to the Government of the Northwest Territories, on all gold recovered from the bed of a river under a lease during the immediately preceding year ending December 31, a royalty at the rate of 1 1/4 per cent of its value.
(2) On or before April 1 in each year, a lessee shall pay to the Government of the Northwest Territories on all minerals other than gold, including silver, recovered from the bed of a river under a lease during the immediately preceding year ending on December 31, a royalty at the rate of 2 1/2 per cent of their value.
(3) On or before April 1 in each year, a person who is liable to pay a royalty in respect of gold, silver or other minerals recovered under a lease during the immediately preceding year ending on December 31 shall, without notice or demand to that effect, in addition to any other statement or return that may be required, deliver to the Minister or a person designated by the Minister, a sworn statement containing
(a) the name of the lessee;
(b) the date of the lease;
(c) a description of the lands covered by the lease;
(d) the calendar year for which the statement is made;
(e) the quantity and value of gold recovered and the amount of royalty on the gold; and
(f) the quantity and value of silver or other minerals recovered and the amount of royalty on the silver or other minerals.
(4) A lease must contain a provision that the lessee shall pay royalty on gold, silver and other minerals obtained from the beds of rivers under the lease at the rate that is prescribed from time to time.
(1) The lessee may obtain from the Government of the Northwest Territories a permit or permits to cut, free of dues, any timber that may be necessary for the purposes of the lessee’s dredging operations.
(2) A permit referred to in subsection (1) must contain a description of the tract or tracts within which the timber may be cut, and the kind, dimensions and quantities of timber to be cut.
(3) A permit referred to in subsection (1) does not give to the holder of the permit an exclusive right to the timber on a tract described in the permit.
(1) A lessee shall not interfere with the general right of the public to use for navigation or other purposes the river on which the lessee holds a lease.
(2) The free navigation of a river must not be impeded by the deposit of tailings, and the current or stream must not be obstructed by the accumulation of tailings.
(3) If a lessee fails to comply with subsections (1) and (2), a notice may be posted, by a person directed by the Minister, at the point where the stream is impeded or obstructed or in the vicinity of the impediment or obstruction, requiring the defect to be remedied, and a copy of the notice must be served on the lessee or his or her agent.
(4) The Minister may cancel a lease held by a lessee who fails to remove, within the time set out in a notice referred to in subsection (3), the impediment or obstruction complained of.
A lease must provide that a person who has recorded a claim under the Northwest Territories Placer Mining Regulations (Canada) is entitled to run tailings into the river at any point of the river and to construct all works that may be necessary for properly operating the claim, but the person shall not construct a dam or wing-dam within 1,000 feet from the place where a dredge is being operated, or obstruct or interfere with the operation of a dredge.
A lease must
(a) reserve all roads, ways, bridges, drains and other public works and all authorized improvements existing at the time the lease is executed or that may subsequently be made in, on, or under any part of the river, and the right to enter and construct the works and improvements;
(b) provide that the lessee shall not damage or obstruct any public or authorized ways, drains, bridges, works and improvements existing at the time the lease is executed or subsequently made on, in, over, through or under the river; and
(c) provide that the lessee shall substantially bridge or cover and protect, to the satisfaction of the Minister, all cuts, flumes, ditches and sluices and all pits and dangerous places at all points where they may be crossed by a public highway or frequented path or trail.
COMMENCEMENT
These regulations come into force April 1, 2014.
SCHEDULE
| FEES | ||
| Description | Fee | |
| Application for a lease | $ | 5 |
| Application for renewal of a lease | $ | 5 |
| Assignment of a lease | $ | 3 |
| Rate of rent per mile for the first year | $ | 100 |
| Rate of rent per mile for subsequent years | $ | 10 |
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