FEDERAL REG

SOR/2016-132: Regulations Amending the Territorial Land Use Regulations

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
June 13, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The previous timeframe for land use permits issued pursuant to the Territorial Land Use Regulations for various industry activities has proven to be insufficient to cover the length of time needed for those activities to be completed. This has resulted in a high number of land use permit renewal applicati... (Click for more)


House

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Senate

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Published on June 13, 2016

Bill Summary

SOR/2016-132: Regulations Amending the Territorial Land Use Regulations

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The previous timeframe for land use permits issued pursuant to the Territorial Land Use Regulations for various industry activities has proven to be insufficient to cover the length of time needed for those activities to be completed. This has resulted in a high number of land use permit renewal applications for the same activity and has created undue administrative burden for industry and government in the North. The amendments to the Territorial Land Use Regulations address these issues and other minor administrative and language clarification fixes. Background The Territorial Land Use Regulations, made under the Territorial Lands Act, apply to territorial lands in the Northwest Territories and Nunavut that are under the control, management and administration of the Minister of Indian Affairs and Northern Development and relate to the use of land, through the issuance of land use permits. Land use permits are short term in nature and are used for a variety of activities such as academic research, mining exploration, fuel storage and caching. Two types of permits can be issued for land use activities under the Territorial Land Use Regulations: Class A and Class B. The class depends on the scope of activities to be carried out, as detailed in sections 8 and 9 of the Regulations. Class A activities are generally larger and more complex in scope than Class B activities. All land use permit applications, regardless of class, are subject to an environmental assessment (i.e. screening). Both the Western Arctic Claim – the Inuvialuit Final Agreement and the Nunavut Land Claims Agreement have articles that outline the level of environmental screenings that may be required. Over the past decade, the North has seen an increase in exploration activity; particularly in the mining and oil and gas industries. The amendments to the Territorial Land Use Regulations address issues that were raised by industry. The amendments bring the Territorial Land Use Regulations in step with current operating realities and will make the land use permitting process more efficient for industry and government in the North. The amendments to the Territorial Land Use Regulations are administrative in nature and will provide consistency for companies and regulators. The changes will allow for more adequate time for consultation on Class B land use permit applications and help improve how plans are reported through the use of new technologies, such as satellite imagery. Objectives The objectives of the amendments to the Territorial Land Use Regulations are to reduce the administrative burden for companies and regulators by increasing the length of a land use permit from two years to a maximum of five years; increasing the length of the permit extension from one year to a maximum of two years; ensuring that adequate time is provided for consultation on Class B land use permit applications; allowing for new technologies (e.g. GPS coordinates and satellite imagery) to be used when fulfilling the reporting requirements for plans; and modernizing the language used throughout the provisions of the Territorial Land Use Regulations. The amendments also bring the Territorial Land Use Regulations more in step with the Mackenzie Valley Land Use Regulations, thus bringing more consistency to the regulatory regime currently being used in the North. For example, if a land use permit that crosses two different jurisdictions is required, both permits can be coordinated to be of the same duration, thereby avoiding any administrative delays that would slow down the activity. Description By changing the length of the permit term from two years to a maximum of five years and changing the length of the permit extension from one year to a maximum of two years, greater flexibility is afforded to companies when planning their activities. The changes will also relieve some of the administrative burden on both companies and the Crown. The changes will improve how land is administered in the North and bring the Territorial Land Use Regulations more in line with the Mackenzie Valley Land Use Regulations in the Northwest Territories, since the Mackenzie Valley Land Use Regulations already allow for land use permits to be issued for five years with the possibility of two-year extensions. The information previously required by the Territorial Land Use Regulations for submitted plans was outdated. The amendments remove references to outdated technologies, replacing them with updated technological references currently used in the field. The previous time period of 10 days prescribed for the issuance of a Class B land use permit did not allow adequate time for consultation. The change to a 30-day consultation period will afford reviewers more time to review a Class B land use application. “One-for-One” Rule The “One-for-One” Rule applies to these amendments and they are considered an “OUT” (decrease of the administrative costs on business) under the Rule. Changing the length of the land use permit term from two years to a maximum of five years and the length of the land use permit extension from one year to a maximum of two years, affords greater flexibility to companies to plan their activities. The changes will also relieve some of the administrative burden on companies and the Crown from having to re-apply for a land use permit after three years. Although it is expected that the length of time to apply for a land use permit or renewal will not change, the longer term will result in fewer renewals. Out of the average of 38 applicants per year, based on data for the past 10 years, an average of 11 applicants (i.e. 30%) would have to re-apply after three years. These frequent renewals will now be avoided with the implementation of a longer land use permit term. The average annual savings for each stakeholder is projected to be approximately $140. The average annual savings for all stakeholders is projected to be $5,318. The annual savings for the 30% of the total stakeholders that would be affected is based on information gathered from, and through experience working directly with, proponents in the development, submission and implementation of land use permits and data over a 10-year period. As a result of the amendments, stakeholders will save time on obtaining information, completing the land use permit application, submitting the application, following up on any issues and implementing the permit. In total, each affected stakeholder will save, at a minimum, 27 hours in labour time. Small business lens The small business lens does not apply to these amendments, as there are no costs to small business. Moreover, there are no costs associated with the amendments as they are administrative in nature. There are no changes to the fees associated with land use permit applications, service fees or land use fees; as set out in Schedules I and II, respectively, of the Territorial Land Use Regulations. Consultation In January, March and April 2010, Indigenous and Northern Affairs Canada held informal and formal discussions with industry and potential stakeholders at the Mineral Exploration Roundup 2010 in Vancouver, British Columbia; at the Prospectors and Developers Association of Canada Convention in Toronto, Ontario; and at the Nunavut Mining Symposium in Iqaluit, Nunavut. In general, the comments were supportive of the proposed changes. A consultation document, including a supporting letter and the proposed amendments, was distributed for comments on March 4, 2010, to stakeholders in the Northwest Territories and Nunavut which included municipalities, territorial and federal government departments, indigenous governments and organizations, various land and water boards, environmental boards and industry groups. Comments were requested by April 30, 2010. Community meetings were also arranged and held in three locations to discuss the proposed amendments. The meetings took place on March 22, 2010, in Inuvik, Northwest Territories; on March 23, 2010, in Yellowknife, Northwest Territories; and on March 25, 2010, in Iqaluit, Nunavut. Approximately 30 people attended these meetings. Written comments were received from the Kitikmeot Inuit Association, the Department of Culture, Language, Elders and Youth of the Government of Nunavut, the Athabasca Denesuline Negotiation Team, the Northwest Territories Chamber of Commerce and the Department of Environment and Natural Resources of the Government of the Northwest Territories. In June 2012, a new consultation document and supporting letter with the proposed amendments were distributed for comments to the same stakeholders as the March 4, 2010, distribution. Comments were requested by July 20, 2012. In general, the comments were supportive of the proposed amendments. Some concerns about language and minor technical issues were raised and taken into account. In addition, two substantive issues were raised by the Department of Environment and Natural Resources of the Government of the Northwest Territories. First, the Department of Environment and Natural Resources of the Government of the Northwest Territories had concerns regarding the absence of a provision that allows terms and conditions to be made under subsection 31(1) of the Territorial Land Use Regulations for the protection of historical or archaeological sites and burial sites, as allowed under paragraph 26(1)(j) of the Mackenzie Valley Land Use Regulations. This has been addressed and a provision has been added to subsection 31(1) of the Territorial Land Use Regulations to allow for the protection of historic or archaeological sites or burial sites. Second, comments were received regarding increases to the security amount under the Territorial Land Use Regulations. The Department of Environment and Natural Resources of the Government of the Northwest Territories recommended taking an objective-based approach to determining securities, as is used in the Mackenzie Valley Land Use Regulations. Indigenous and Northern Affairs Canada is currently engaged in a review of the collection of security. Once the review is completed, and the findings have been considered, security deposit requirements under the Territorial Land Use Regulations may need to be revisited. The proposed amendments were prepublished in the Canada Gazette, Part I, on May 24, 2014, for a consultation period of 30 days. One comment was received from Natural Resources Canada regarding the proposed change to the reporting requirement for plans under subparagraph 35(c)(ii). Natural Resources Canada expressed concern regarding the proposed amendment that would limit permittees to the use of GPS as the only acceptable means of reporting geographic coordinates. Since GPS is not the only tool used to generate geographic coordinates, Natural Resources Canada suggested that a less restrictive and more expansive description of reporting tools be included in the amended Regulations that would afford the permittee more flexibility when fulfilling reporting requirements for plans. Indigenous and Northern Affairs Canada considered and has addressed this issue by effectively amending the provision to reflect a clearer reporting requirement while providing options to permittees on the reference system used to generate the necessary geographic coordinates. Rationale The amendments to the Territorial Land Use Regulations address the issues that were raised by industry. They bring the Territorial Land Use Regulations in step with current operating realities and make the process more efficient for industry and government in the North. Implementation, enforcement and service standards The amendments to the Territorial Land Use Regulations come into force on the day on which they are registered. Indigenous and Northern Affairs Canada will continue to communicate regarding all aspects of the amendments and will be informing stakeholders through news releases and letters and/or notices to target audiences. As the regulatory amendments do not impact Indigenous and Northern Affairs Canada’s role or mandate, no additional mechanisms to ensure compliance with the new requirements are needed and use will continue to be made of the Department’s existing enforcement and compliance tools. Contact Eric Hopkins Acting Manager Land and Water Management Northern Affairs Organization Indigenous and Northern Affairs Canada Gatineau, Quebec K1A 0H4 Telephone: 819-994-7483 Fax: 819-997-9623 Email: [email protected] Footnote a S.C. 2014, c. 2, s. 30 Footnote b R.S., c. T-7 Footnote c R.S., c. T-7 Footnote 1 C.R.C., c. 1524; SOR/2003-126

This Bill does not amend any statutes.

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