Territorial Lands Act

An Act respecting Crown lands in the Northwest Territories and Nunavut Short title This Act may be cited as the Territorial Lands Act. Definitions In this Act, Crown means Her Majesty in right of Canada; (Couronne) grant means letters patent under the Great Seal, a notification and any other instrument by which territorial lands may be granted in fee simple or for an equivalent estate; (concession) judge of the Court means, in relation to any matter arising in the Yukon Territory, a judge of the Supreme Court of the Yukon Territory, in relation to any matter arising in the Northwest Territories, a judge of the Supreme Court of the Northwest Territories, and, in relation to any matter arising in Nunavut, a judge of the Nunavut Court of Justice; (juge) land includes mines, minerals, easements, servitudes and all other interests in real property; (terre) Minister means the Minister of Northern Affairs or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; (ministre) notification means a direction in a form prescribed by the Governor in Council pursuant to paragraph 23(k) and issued pursuant to subsection 9(2); (notification) penalty means an administrative monetary penalty imposed under this Act for a violation; (pénalité) permit means a permit issued under this Act; (permis) territorial lands means lands, or any interest in lands, in the Northwest Territories or Nunavut that are vested in the Crown or of which the Government of Canada has power to dispose. (terres territoriales) timber[Repealed, 2002, c. 7, s. 239] Application Subject to subsection (2), this Act applies only in respect of territorial lands under the administration of the Minister. Nunavut Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of Nunavut. Application of certain Acts Nothing in this Act shall be construed as limiting the operation of the Dominion Water Power Act or the Canada National Parks Act. [Repealed, 2002, c. 7, s. 240] Land management zones Subject to section 6, the Governor in Council may, where the Governor in Council deems it necessary for the protection of the ecological balance or physical characteristics of any area in the Northwest Territories or Nunavut, set apart and appropriate any territorial lands in that area as a land management zone. Regulations concerning zones Subject to section 6, the Governor in Council may make regulations respecting the protection, control and use of the surface of land in a land management zone set apart and appropriated under section 4; and the issue of permits for the use of the surface of land in a land management zone, the terms and conditions of those permits and the fees therefor. Consultation The Governor in Council may exercise the powers mentioned in sections 4 and 5 only after consultation with the Legislative Assembly of the Northwest Territories or Nunavut, as the case may be, or — if it considers that consultation to be impracticable — after consultation with each of the members of the relevant Legislative Assembly with whom consultation can be effected. Principal offences Every person is guilty of an offence who contravenes any regulation made under section 5; or fails to comply with any term or condition of a permit issued under such a regulation. Punishment Every person who commits an offence under subsection (1) is liable on summary conviction, for a first offence, to a fine not exceeding $100,000; and for a second or subsequent offence, to a fine not exceeding $200,000. Continuing offences An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. Authorizing sale, lease, etc. Subject to this Act, the Governor in Council may authorize the sale, lease or other disposition of territorial lands and may make regulations authorizing the Minister to sell, lease or otherwise dispose of territorial lands subject to such limitations and conditions as the Governor in Council may prescribe. Interpretation In this section, the expressions certificate of title and registrar have the meanings assigned by any law of the Legislature of the Northwest Territories or for Nunavut, as the case may be, in respect of title to real property. Issue of notification A notification may be issued to a registrar directing the registrar to issue a certificate of title to a person named therein in respect of territorial lands described therein that are within the registration district administered by the registrar. Execution of notification A notification pursuant to subsection (2) shall be signed and issued, in the case of territorial lands described in subsection 3(1), by the Minister, the Deputy Minister or any other officer of the Department authorized in writing for that purpose by the Minister; and in the case of territorial lands described in subsection 3(2), by the Commissioner of Nunavut. Effect of issue of notification The issue of a notification pursuant to subsection (2) has the same force and effect as a grant of territorial land made by letters patent under the Great Seal. Notification to set out nature of grant A notification shall set out the nature of the estate thereby granted and any easements, rights or other interests excepted or reserved therefrom. Prohibition No territorial lands suitable for muskrat farming shall be sold. Limitation on sale Not more than one hundred and sixty acres of territorial lands may be sold to any one person without the approval of the Governor in Council. Limitation on lease Subject to subsection (3), not more than six hundred and forty acres of territorial lands may be leased to any one person without the approval of the Governor in Council. Other limitation Where territorial lands are hay lands or lands suitable for grazing or muskrat farming, not more than six thousand four hundred acres may be leased to any one person without the approval of the Governor in Council. Leasing of mining rights The Governor in Council may make regulations for the leasing of mining rights in, under or on territorial lands and the payment of royalties therefor, but such regulations shall provide for the protection of and compensation to the holders of surface rights. Reservation Unless otherwise ordered by the Governor in Council, a strip of land one hundred feet in width, measured from ordinary high water mark or from the boundary line, as the case may be, shall be deemed to be reserved to the Crown out of every grant of territorial lands where the land extends to the sea or an inlet thereof; to the shore of any navigable water or an inlet thereof; or to the boundary line between Yukon and Alaska, or between Yukon and the Northwest Territories, or between the Northwest Territories and Nunavut or between Yukon, the Northwest Territories or Nunavut and the Province of Manitoba, Saskatchewan, Alberta or British Columbia. Reservation of bed of body of water Unless the grant contains a provision to the contrary, the bed, below ordinary high water mark, of a body of water shall be deemed to be reserved to the Crown out of every grant of territorial lands where the lands border a body of water. Other reservations There shall be deemed to be reserved to the Crown out of every grant of territorial lands all mines and minerals whether solid, liquid or gaseous that may be found to exist in, under or on those lands, together with the right to work the mines and minerals and for this purpose to enter on, use and occupy the lands or so much thereof and to such extent as may be necessary for the working and extraction of the minerals; and all rights of fishery and fishing and occupation in connection therewith on or around or adjacent to those lands. Grant does not convey water rights Unless the grant or other document establishing a grant, lease or other disposition of territorial lands expressly states the contrary, no grant, lease or other disposition of territorial lands conveys any exclusive right, privilege, property or interest with respect to any lake, river, stream or other body of water, within, bordering or passing through the lands. [Repealed, 2002, c. 7, s. 245] Works for the movement of timber Unless the grant or other document establishing a grant, lease or other disposition of territorial lands expressly states the contrary, no grant, lease or other disposition of territorial lands conveys any right, title or interest in or to any slide, dam, pier, boom or other work constructed, for the purpose of facilitating the movement of timber, prior to the date of the grant, lease or other disposition of land; affects the unimpeded right to use or repair the works referred to in paragraph (a); or affects the unimpeded right to use, for the purpose of facilitating the movement of timber, all streams, lakes, bodies of water, portage roads or trails past rapids, falls or other natural obstacles or connecting bodies of water, or any land that has to be used in connection therewith. Summons to vacate or show cause Where under this Act the right of any person to use, possess or occupy territorial lands has been forfeited or where, in the opinion of the Minister, a person is wrongfully or without lawful authority using, possessing or occupying territorial lands and that person continues to use, possess or occupy or fails to deliver up possession of the lands, an officer of the Department of Indian Affairs and Northern Development authorized by the Minister for that purpose may apply to a judge of the Court for a summons directed to that person calling on that person to forthwith vacate or abandon and cease using, possessing or occupying the lands; or within thirty days after service of the summons on that person to show cause why an order or warrant should not be made for the removal of that person from the lands. Warrant for removal Where a summons has been served under subsection (1) and within thirty days from the service thereof the person named in the summons has not removed from, vacated or ceased using, possessing or occupying the lands or has not shown cause why he should not do so, a judge of the Court may make an order or warrant for that person’s summary removal from the lands. Persons executing warrant A warrant made under subsection (2) shall be executed by a sheriff, bailiff, constable or other person to whom it is delivered for that purpose and he has all the powers, rights, immunities and privileges enjoyed by a sheriff, constable or other peace officer in the execution of his duty. Execution of warrant A person to whom an order or warrant made under subsection (2) is addressed shall forthwith remove the person named therein from the lands and all members of that person’s family, employees, servants, labourers, tenants or other persons employed by or living with that person or that person’s tenants. Service of summons or warrant Service of a summons or warrant under this section shall be made by leaving a copy with an adult person found on the lands and by posting up another copy in a conspicuous place on the lands or, where no adult person is found on the lands, by posting up copies in two conspicuous places thereon. Offences and punishment — trespassing A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and liable on summary conviction for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both. Appeal The order or judgment of a judge of the Court in any action or proceedings under this Act is subject to an appeal by a party to the action or proceedings in the same manner as any other order or judgment of a judge of the Court. Powers of Governor in Council The Governor in Council may on setting out the reasons for withdrawal in the order, order the withdrawal of any tract or tracts of territorial lands from disposal under this Act; set apart and appropriate territorial lands for the sites of places of public worship, burial grounds, schools, market places, jails, court houses, town halls, public parks or gardens, hospitals, harbours, landings, bridge sites, airports, landing fields, railway stations, town-sites, historic sites or for other public purposes and, at any time before the issue of a grant, alter or revoke those appropriations; order that grants or leases for a nominal consideration be made of the lands appropriated under paragraph (b) and that there be expressed in any grant or lease the trusts and uses to which the territorial lands granted or leased thereby are subject; set apart and appropriate such areas or lands as may be necessary to enable the Government of Canada to fulfil its obligations under treaties with the Indians and to make free grants or leases for that purpose, or for any other purpose that the Governor in Council may consider to be conducive to the welfare of the Indians; set apart and appropriate territorial lands for use as game preserves, game sanctuaries, bird sanctuaries, public shooting grounds, public resorts or for any other similar public purpose; authorize the acquisition by any railway, power company or pipeline company, on and subject to such terms and conditions as may be deemed proper, of a right-of-way for a road bed, for transmission lines or for pipelines through territorial lands together with such other territorial lands as may be deemed necessary for stations, station grounds, workshops, buildings, yards, pumps, tanks, reservoirs or other appurtenances in connection therewith; divide territorial lands into mining districts and land districts; make regulations or orders with respect to any question affecting territorial lands under which persons designated in the regulations or orders may inquire into such a question and may, for the purposes of the inquiry, summon and bring before them any person whose attendance they consider necessary to the inquiry, examine that person under oath, compel the production of documents and do all things necessary to provide a full and proper inquiry; prescribe a tariff of fees for copies of maps, plans, field notes, documents, papers and other records pertaining to territorial lands, and for the preparation of documents evidencing a sale, lease or other disposition of territorial lands and for the registration of any documents pertaining to territorial lands; make regulations respecting the protection, control and use of the surface of territorial lands; prescribe the form of the notification that may be issued pursuant to section 9 and the fee for the issue thereof; and make such orders and regulations as are deemed necessary to carry out the purposes and provisions of this Act. Publication in the Canada Gazette A copy of each order setting apart and appropriating any territorial lands as a land management zone that the Governor in Council proposes to make under section 4, and each regulation or amendment to a regulation that the Governor in Council proposes to make under section 5 or paragraph 23(j), shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to all interested persons to make representations to the Minister with respect thereto. Effect of receipt A receipt for payment made on the filing of an application to purchase or lease land does not entitle the person making the payment to take, occupy or use the land described in the receipt. Execution of documents Any lease, agreement, licence, permit or notice of cancellation issued or made pursuant to this Act and any consent to any assignment of any such lease, agreement, licence or permit may be executed on behalf of the Crown by the Minister, the Deputy Minister or by any other officer of the Department authorized in writing for the purpose by the Minister. Interest Whenever interest is payable under or by virtue of this Act or for or on account of any claim, matter or thing arising under any provision of this Act, the rate of interest shall be five per cent per annum, whether that interest is payable under the terms of any sealed or unsealed instrument or not. Forms The Minister may prescribe forms of leases, agreements of sale, licences and other documents required for use under this Act, but not including instruments issued under the Great Seal. Government employees Except by or under the authority of an order of the Governor in Council, no officer or employee of or under the Government of Canada shall directly or indirectly, in his own name or in the name of any other person, purchase or acquire any territorial land or any interest therein; or be interested as shareholder or otherwise in any corporation that purchases, acquires or holds any territorial land or any interest therein. Order of Governor in Council An order of the Governor in Council made under subsection (1) that relates to any interest as shareholder or otherwise in a corporation may apply to a particular interest in a particular corporation described in the order or to interests in a class or classes of corporations described therein; and where the order so specifies, to a particular interest or to interests acquired before the making of the order. Offence and punishment Every person who contravenes any provision of this Act or any regulation for which no other punishment is provided is guilty of an offence punishable on summary conviction. [Repealed, 2002, c. 7, s. 247] Deeming — subsequent offences For the purposes of subsections 7(1.1) and 21(1), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection. Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province. Designation The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act. Certificate of designation An enforcement officer is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the enforcement officer enters under subsection 33(1). Authority to enter An enforcement officer may, for a purpose related to verifying compliance with this Act, enter any place in which the enforcement officer has reasonable grounds to believe there is any document, information or other thing to which this Act applies. Powers on entry The enforcement officer may, for that purpose, examine any document, information or other thing that is in the place and open or cause to be opened any container or other thing; test or cause to be tested anything that is in the place; take samples of anything that is in the place; use, or cause to be used, any computer system in the place to examine any information contained in or available to the system; reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying; use, or cause to be used, any copying equipment or means of telecommunication at the place; take photographs and make recordings or sketches; order the owner or person in charge of the place or any person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity; order the owner or person having possession, care or control of anything that is in the place to not move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary; direct any person to put any machinery, vehicle or equipment that is in the place into operation or to cease operating it; and prohibit or limit access to all or part of the place. Duty to assist The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose. Enforcement officer may be accompanied The enforcement officer may be accompanied by any other person that they believe is necessary to help them perform their functions under this section. Dwelling-place An enforcement officer must not enter any place designed to be used and being used as a permanent or temporary private dwelling-place. Private property An enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to any place referred to in subsection 33(1). False or misleading information A person must not knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to an enforcement officer who is performing their functions under section 33. Obstruction or hindrance A person must not obstruct or hinder an enforcement officer who is performing their functions under section 33. Regulations The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 37 to 55, including regulations designating as a violation that may be proceeded with in accordance with this Act the contravention of any specified provision of this Act or of its regulations, the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made under this Act, or the failure to comply with a term or condition of any permit or licence — or of any permit or licence of a specified class — issued under this Act; respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; establishing the form and content of notices of violations; respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are considered to be served; and respecting reviews by the Minister in respect of a notice of violation. Maximum amount of penalty The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person. Who may issue notices Persons who are designated as enforcement officers under section 32 are authorized to issue notices of violation. Commission of violation Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 36(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations. Purpose of penalty The purpose of the penalty is to promote compliance with this Act and not to punish. Liability of directors, officers, etc. If a corporation commits a violation, any director, officer or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act. Proof of violation In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent of the person, whether or not the employee or agent is identified or proceeded against in accordance with this Act. Issuance and service of notice of violation If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue a notice of violation and cause it to be served on the person. Contents The notice of violation must name the person that is believed to have committed the violation; set out the relevant facts surrounding the violation; set out the amount of the penalty; inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must be exercised; inform the person of the time and manner of paying the penalty; and inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty. Certain defences not available A person named in a notice of violation does not have a defence by reason that the person exercised due diligence to prevent the commission of the violation; or reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Common law principles Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. Continuing violation A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. Violation or offence Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act. Violations not offences For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Limitation period No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation. Right to request review A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both. Correction or cancellation of notice of violation At any time before a request for a review in respect of a notice of violation is received by the Minister, an enforcement officer may cancel the notice of violation or correct an error in it. Review On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review. Object of review The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both. Determination The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it. Correction of penalty If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it. Responsibility If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination. Determination final A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court. Burden of proof If the facts of a violation are reviewed, the enforcement officer who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. Payment If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended. Failure to act A person that neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 46 — is considered to have committed the violation and is liable to the penalty. Debts to Her Majesty A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable. Certificate The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 53(1). Registration Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. Authenticity of documents In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. Presumption Every order made under section 98 of the Yukon Placer Mining Act or under that section and paragraph 23(a) of the Territorial Lands Act, as those provisions read from time to time, that is in force on February 13, 1990 shall be deemed to continue in force on and after that day as if it were made under section 98 of the Yukon Placer Mining Act, as enacted by section 2 of this Act, or under that section, as so enacted, and that paragraph, as the case may be. Idem Every order made under section 98 of the Yukon Placer Mining Act or under that section and paragraph 23(a) of the Territorial Lands Act that comes into force after February 13, 1990 and is in force on the coming into force of this section shall be deemed to have come into force as if it were made under section 98 of the Yukon Placer Mining Act, as enacted by section 2 of this Act, or under that section, as so enacted, and that paragraph, as the case may be. Every order made under paragraph 23(a) or (d) of the Territorial Lands Act, section 98 of the Yukon Placer Mining Act or any combination thereof, as those provisions read from time to time, respecting lands in the Yukon Territory that is in force on the coming into force of this section shall, for so long as the order remains in force, be deemed to be a reservation of those lands, within the meaning of subsection 14(1) of the Yukon Quartz Mining Act, made by the Government of Canada on the later of February 13, 1990 and the day on which the order came into force.