Quarrying Regulations
Regulation- Registration
- R-017-2014
- 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 Quarrying Regulations.
INTERPRETATION
In these regulations,
"carving stone" means serpentinite, argillite or soapstone that is suitable for carving; (pierre à sculpter)
"land agent" means a land agent as defined in the Northwest Territories Lands Regulations; (agent des terres)
"lease" means a lease issued under section 3; (bail)
"loam" means soil containing a mixture of sand, silt, clay and decomposed plant matter; (terreau)
"material" means carving stone, loam or any naturally occurring inorganic substance used in construction, including gravel, sand, stone, limestone, granite, slate, marble, gypsum, shale, clay, marl and volcanic ash; (matière)
"permit" means a valid and subsisting permit issued under these regulations; (permis)
"permittee" means the holder of a permit. (titulaire de permis) R-090-2020,s.2.
STAKING
(1) A person who wishes to obtain a lease of territorial lands for the purpose of taking material from those lands shall stake those lands in the manner described in this section.
(2) In the case of loam, the area staked must not exceed 8.1 hectares, and in the case of any other material, the area must not exceed 64.8 hectares.
(3) The length of the area staked must not exceed twice its width.
(4) An area staked must be rectangular except where a boundary of a previously staked area is adopted as common to both areas.
(5) The land must be marked by the applicant with posts firmly fixed in the ground, one at each corner, and in areas where there is no timber, rock cairns may be used instead of posts.
(6) Each post must be at least 10 centimetres square and when firmly planted must extend at least 1.2. metres above the ground.
(7) Each post must bear markings showing the number of the post, the name of the applicant, the date of staking and type of material to be removed.
(8) If a rock cairn is used, it must be well constructed and at least 60 centimetres high and 60 centimetres in diameter at the base. A metal container must be built into the cairn and must contain a document bearing the number of the cairn, the name of the applicant, the date of staking and the type of material to be removed.
(9) In a timbered area, the lines between the posts must be clearly marked.
(10) The applicant shall post a written notice on a post or in a rock cairn setting out his or her intention to apply for a lease within the time required by these regulations.
(11) If two or more persons apply for a lease of the same area, the person who first staked the area in accordance with these regulations has priority in respect of the issuance of a lease.
LEASES
Territorial lands containing material may be leased by the Minister for the sole purpose of quarrying or removing material that is specified in the lease.
(1) An application for a lease must be filed with a land agent within 30 days from the date on which the lands are staked.
(2) An application for a lease must be accompanied by the application fee set out in Schedule A and the rent for the first year of the lease at the rate set out in Schedule B.
(3) An application for a lease must be in duplicate and contain
(a) a description by metes and bounds of the land applied for;
(b) the type of the material that the applicant wishes to remove from the area;
(c) a sketch showing clearly the position of the land applied for 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 rock cairns; and
(d) an affidavit by the applicant stating that
(i) the applicant has complied with these regulations, and
(ii) the land contains material of the type applied for in merchantable quantities.
(1) Notwithstanding subsection 4(2) and any term or condition of a lease, and subject to subsections (2) and (3), 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.
(2) Subsection (1) applies only to leases that are in effect on or before April 1, 2020.
(3) 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;
(c) royalties payable under section 11;
(d) other similar fees or charges.
The term of a lease must not exceed 10 years.
A lessee shall, within the time from the date of the lease that the Minister requires, begin the removal of the material or materials authorized by the lease in merchantable quantities from the lands under lease and shall continue the removal of materials to an extent and in a manner satisfactory to the Minister.
RENEWAL OF LEASE
If, in the opinion of the Minister, the lessee has complied with the terms of his or her lease and these regulations, the Minister may renew the lease for a term not exceeding 10 years.
LOAM, SAND, GRAVEL AND STONE FOR
RESIDENTS
(1) Subject to subsection (2), any person resident in the Northwest Territories may, without any charge or permit, take from territorial lands in any calendar year not more than
(a) 10 cubic metres of loam; and
(b) 40 cubic metres of sand, gravel or stone.
(2) Subsection (1) applies only if
(a) no interest in the surface rights of the affected lands has been licensed, leased or otherwise disposed of by the Commissioner; and
(b) the material taken is for the taker’s own use but not for barter or sale.
PERMITS
(1) Any person may apply for a permit to take material from territorial lands by filing with a land agent an application that
(a) is in the form approved by the Minister; and
(b) subject to subsection (2), is accompanied by payment of the application fee set out in Schedule A and the royalties payable under section 11.
(2) There is no application fee and no royalty payable by any of the following persons or entities:
(a) a department of the Government of Canada;
(b) the Government of the Northwest Territories;
(c) a municipal corporation;
(d) an educational, religious or charitable institution or hospital in the Northwest Territories.
(3) On receipt of an application referred to in subsection (1), the land agent shall issue to the applicant a permit for a period based on the estimated dates of commencement and completion as set out in the permit application but not exceeding three years.
(4) Notwithstanding subsection (3), a permit expires on the day on which the quantity of material specified in the permit has been quarried or removed.
(5) A permit must not be assigned.
(6) The Minister may cancel the permit of a permittee who fails to comply with these regulations or the conditions of his or her permit.
RESERVATIONS
(1) A lease or permit issued under these regulations must not authorize entry without the permission of the Minister on an area that is subject to an oil and gas permit or lease or a recorded mineral claim.
(2) The Minister may grant permission to enter an area referred to in subsection (1) subject to the conditions for the protection of the holder of the terminable grant that the Minister considers necessary.
FEES AND ROYALTIES
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 B.
The fee set out in column II of an item of Schedule A is payable for the service set out in column I of that item.
COMMENCEMENT
These regulations come into force April 1, 2014.
SCHEDULE A (Sections 4, 9 and 12)
| Item | Service | Fee |
| 1. | Copies of documents | $ 2 per page |
| 2. | Lease application | $250 |
| 3. | Permit application | $250 |
| 4. | Assignment of lease | $150 |
| R-059-2018,s.2. |
SCHEDULE B (Sections 4 and 11)
| Item | Rent or Royalty | Rate ($) |
| 1. | Rent for first year of lease | 100/ha |
| 2. | Royalty on sand, gravel or loam | 3.00/m3 |
| 3. | Royalty on other material | 2.50/m3 |
| R-059-2018,s.2. |
ANNEXE
LOYERS ET REDEVANCES
Colonne I
Numéro Loyer ou redevance
1. Loyer pour la première année du
2. Redevance pour extraction ou enlèvement de sable, de gravier ou de terreau
3. Redevance pour extraction ou enlèvement d’autre matière
Yellowknife, N.W.T.
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