Regulations Currently in Force

Selecting a specific enabling Act will provide a list of regulations made pursuant to the Act. By selecting a specific regulation, you will be redirected to the regulatory text on the Department of Justice Canada Laws Web Site or the Canada Gazette Web Site until made available on the Department of Justice Canada Laws Web Site.

Arctic Waters Pollution Prevention Act
Appropriation Acts
Canada Oil and Gas Operations Act
Canada Petroleum Resources Act
Cree-Naskapi (of Quebec) Act
Dominion Water Power Act
Family Homes on Reserves and Matrimonial Interests or Rights Act
First Nations Commercial and Industrial Development Act
First Nations Elections Act
First Nations Fiscal Management Act
First Nations Land Management Act
First Nations Oil and Gas and Moneys Management Act
Indian Act
Indian Lands Agreement (1986) Act
Indian Oil and Gas Act
Mackenzie Valley Resource Management Act
Mi'kmaq Education Act (2015-2017)
Northwest Territories Act
Nunavut Act
Nunavut Land Claims Agreement Act
Territorial Lands Act
Time Limits and Other Periods Act (COVID-19)
Westbank First Nation Self-Government Act
Yukon Environmental and Socio-Economic Assessment Act
Yukon Surface Rights Board Act

Arctic Waters Pollution Prevention Act

Arctic Waters Experimental Pollution Regulations, 1978 [Repealed]
Arctic Waters Experimental Pollution Regulations, 1979 [Repealed]
Arctic Waters Experimental Pollution Regulations, 1982 (Dome Petroleum) [Repealed]
Arctic Waters Experimental Pollution Regulations, 1982 [Repealed]
Arctic Waters Pollution Prevention Regulations

Appropriation Acts

Canada Oil and Gas Operations Act^{Footnote 1}

Canada Oil and Gas Drilling and Production Regulations

Canada Petroleum Resources Act^{Footnote 2}

Cree-Naskapi (of Quebec) Act

Dominion Water Power Act

Dominion Water Power Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The Dominion Water Power Regulations are established under the Dominion Water Power Act, and regulate the development of water power on federal public lands in Canada.
2. What are the key elements of this regulation?
  The Dominion Water Power Regulations prescribe how applications are to be made for water-power authorizations, types of water power licences, inspection and reports, requirement of plans and specifications, and water rental rates.
3. How does this regulation affect Canadian businesses?
  Businesses looking to establish water power development on federal public lands must apply to the Director of Water Power for an authorization. The process to obtain a water power licence is robust, and may involve a public hearing, publishing in the Canada Gazette, submission of engineering plans, and payment of financial assurance and water rental fees.
4. What is the timeline for implementation?
  The Dominion Water Power Act has been in force since 1919 and is currently implemented by Indigenous and Northern Affairs Canada and Parks Canada.
5. Where can I get more information?
  The Dominion Water Power Regulations can be found on the Justice Canada website.
  
  In addition, please contact the Director of Water Power for the purposes of the Dominion Water Power Act and Regulations, at:
  
  Glen Stephens
  Manager, Land and Water Resources Division
  Environment and Renewable Resources Directorate
  Northern Affairs Organization
  Indigenous and Northern Affairs Canada
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-994-7483; Fax: 819-997-9623
  Email: Glen.Stephens@rcaanc-cirnac.gc.ca
6. What deficiencies in the regulatory process have the regulations addressed?
  The Regulations clearly define the water power licensing process to prospective water power developers, and set out the regulators expectations for enforcement and financial obligations of the applicant.
Astoria River Water Power Regulations
Kananaskis Falls and Horseshoe Falls Water Power Regulations

Family Homes on Reserves and Matrimonial Interests or Rights Act

Emergency Protection Orders Regulations

First Nations Commercial and Industrial Development Act

First Nations Elections Act

First Nations Elections Regulations
First Nations Elections Act (Amendments to the Schedule to the Act)

First Nations Fiscal Management Act

First Nations Land Management Act

First Nations Land Registry Regulations
First Nations Land Management Act (Amendments to the Schedule to the Act)

First Nations Oil and Gas and Moneys Management Act

Indian Act

Indian Lands Agreement (1986) Act

Specific Agreement Confirmation Regulations

Indian Oil and Gas Act

Indian Oil and Gas Regulations, 1995
Frequently Asked Questions
The Indian Oil and Gas Regulations (1995) are currently undergoing modernization. Click here for more information on the upcoming changes.
1. What is the purpose of this regulation?
  The Indian Oil and Gas Regulations recognize the right, desire and capability of First Nations to benefit from the exploration and development of their oil and gas natural resources. To that end, the regulations:
  - Set out a series of rules and codes of conduct for First Nations, government, and industry related to oil and gas exploration and development on First Nations reserve lands across Canada;
  - State that First Nations must be consulted by industry and government on an ongoing basis on matters relating to the exploration and development of oil and gas resources on their lands;
  - State that First Nations have the right to approve conditions on which oil and gas rights are granted and the manner in which subsequent operations on their lands are conducted;
  - Clarify First Nations' right of access to geological, engineering, and other technical data and information needed for informed decision making in their expanded management role;
  - Provide for confidentiality of commercial and proprietary information supplied by oil and gas companies to First Nations and the federal government, through its regulatory agency, Indian Oil and Gas Canada; and,
  - Provide for greater flexibility in the process of granting oil and gas rights on First Nations lands by offering additional methods for disposal of oil and gas rights such as a call for proposals and direct negotiations, which allows for greater participation by First Nations in oil and gas management and the training, employment and business opportunities generated by such operations through increased involvement by First Nations in the negotiation process.
2. What are the key elements of this regulation?
  The key elements of the Indian Oil and Gas Regulations include:
  - Provisions that outline the rights of First Nations relating to the process of granting oil and gas rights and the manner in which any oil and gas operations on reserve land are conducted;
  - Provisions to ensure that oil and gas resources on First Nation reserve lands are managed and developed efficiently and economically;
  - Clarity on rights associated with First Nation's access to the geological, engineering, and other technical data necessary to ensure informed decision making, as a part of their expanded management role and the development of the First Nation's independent and technical business expertise;
  - Surface rights provisions, which establish lessee rights, obligations, and compensation, have also been modernized to make them more effective and fair for both First Nations and the oil and gas industry;
  - Confidentiality provisions with respect to commercial and proprietary information;
  - The fee schedule for administrative services provided to the oil and gas industry; and
  - The functions and duties of the Executive Director of Indian Oil and Gas Canada (the principal government agency responsible for the administration of the Indian Oil and Gas Act and the Indian Oil and Gas Regulations).
3. How does this regulation affect Canadian businesses?
  The Indian Oil and Gas Regulations place Canadian business in direct contact with those First Nations choosing to avail themselves of the opportunities presented by the development of their oil and gas resources for economic self-reliance and resource management, particularly in the areas of rights issuance and information reporting. While administrative burden may be experienced by industry due to the additional requirements for submission of data and documentation, it is offset by the improved working relationship between industry and First Nations. Furthermore, the Indian Oil and Gas Regulations encourage further development by First Nations of management capabilities, thereby facilitating development of Canadian business on reserve lands, including the development of First Nations business.
4. What is the timeline for implementation?
  The Indian Oil and Gas Regulations have been in force since 1995 under the statutory authority of the Indian Oil and Gas Act, 1974. Indian Oil and Gas Canada, a special operating agency of Indigenous and Northern Affairs Canada, in cooperation with the Indian Resource Council, began to explore ways to modernize the Indian Oil and Gas Act in1999. An act to amend the Indian Oil and Gas Act was first introduced in the House of Commons in 2008, and received Royal Assent on May 14, 2009. The updated Indian Oil and Gas Act represents only one part of a modernized Indian Oil and Gas regime: although Royal Assent has been granted, the Indian Oil and Gas Act, 2009 will only come into force when new Indian Oil and Gas Regulations are approved and published. A joint process is currently underway with oil and gas-producing First Nations and the Indian Resource Council to develop the new regulations. Click here for more information on the upcoming changes.
5. What will be the core areas for change in the new regulations?
  Modernizing the Indian Oil and Gas Act, 1974 and its associated regulations (including the Indian Oil and Gas Regulations, 1995) is intended to eliminate the remaining regulatory gap between off-reserve and on-reserve oil and gas development and exploration. Further levelling the playing field between off-reserve and on-reserve oil and gas activities will reduce barriers to economic development and will allow the federal government to better fulfill its obligation to manage oil and gas resources on First Nations reserve lands.
  
  The proposed amendments to the Regulations address the need to manage all aspects of industry operations on First Nations reserve lands. In addition to modernizing dated regulations and providing greater certainty for all stakeholders, the amendments will help to strengthen environmental protection of First Nation reserve lands, increase regulatory compliance, and facilitate the collection of royalties and other monetary compensation due.
6. Where can I get more information?
  More information on the proposed changes to the Indian Oil and Gas Regulations.

Mackenzie Valley Resource Management Act

Exemption List Regulations
Mackenzie Valley Federal Areas Waters Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The purpose of the Mackenzie Valley Federal Areas Waters Regulations is to regulate the use of water and deposit of waste on federal land in the Northwest Territories.
  
  The Mackenzie Valley Federal Areas Waters Regulations came into effect on June 13, 2016 under the authority of the Mackenzie Valley Resource Management Act. These new Regulations repeal and replace the Northwest Territories Waters Regulations first enacted under the Northwest Territories Waters Act (currently repealed) and transferred under the authority of the Mackenzie Valley Resource Management Act on April 1, 2014, upon the coming into force of the Northwest Territories Devolution Agreement.
2. What are the key elements of this regulation?
  The Mackenzie Valley Federal Areas Waters Regulations define 5 water management areas in the Northwest Territories. The Regulations also prescribe different ‘types' of water uses and waste disposal, criteria for licensing water use and waste disposal activities, the form and nature of reclamation securities, requirements for reporting, as well as water use and application fees.
  
  In November 2012, the Northwest Territories Waters Regulations, repealed and replaced by the Mackenzie Valley Federal Areas Waters Regulations, were amended to remove the duplicative regulatory approval requirement for the disposal of drill wastes by downhole injection related to oil and gas exploration. With the amendment, the downhole disposal of drill wastes does not require a water licence under the Mackenzie Valley Federal Areas Waters Regulations. However, the activity continues to require an authorization under the Canada Oil and Gas Operations Act and is subject to monitoring and enforcement by the National Energy Board.
3. How does this regulation affect Canadian businesses?
  The removal of the duplicative regulatory approval requirement for the disposal of drill wastes by downhole injection related to oil and gas exploration reduces the duplicative regulatory burden to business formally imposed by the Canada Oil and Gas Operations Act and the Northwest Territories Waters Act (now repealed).
  
  The amendment has not changed the environmental screening and assessment processes, and as such, there are no reductions of oversight to ensure environmental risks are identified and the appropriate mitigating measures ensured. Other associated activities requiring the use of water or the deposit of waste into waters continue to be regulated under the Mackenzie Valley Federal Areas Regulations.
  
  The amendment results in greater efficiency in the regulation of oil and gas activities in the Northwest Territories, and improves administrative effectiveness by the National Energy Board, the Northwest Territories Water Board and the various land and water boards in the Mackenzie Valley.
4. What is the timeline for implementation?
  The Mackenzie Valley Federal Areas Waters Regulations came into force on June 13, 2016 and replaced the Northwest Territories Waters Regulations, which applied on crown lands in the Northwest Territories and on excluded lands as identified in the Northwest Territories Devolution Agreement until they were repealed.
5. Where can I get more information?
  The Mackenzie Valley Federal Areas Waters Regulations can be found on the Justice Canada website.
  
  The amendment to the Northwest Territories Waters Regulations was published in the Canada Gazette, Part II on April 7, 2012. The Regulatory Impact Analysis Statement is available online.
  
  For additional inquiries, please contact:
  
  Glen Stephens
  Manager, Land and Water Resources Division
  Environment and Renewable Resources Directorate
  Northern Affairs Organization
  Indigenous and Northern Affairs Canada
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-994-7483; Fax: 819-997-9623
  Email: Glen.Stephens@rcaanc-cirnac.gc.ca
  
  Tanya Trenholm
  Senior Analyst – Water Policy
  Land and Water Resources Division,
  Environment and Renewable Resources Directorate
  Northern Affairs Organization
  Indigenous and Northern Affairs Canada
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-994-9401; Fax: 819-997-9623
  Email: Tanya.Trenholm@aadnc-aandc.gc.ca
6. What deficiencies in the regulatory process has the amendment addressed?
  The amendment reduced duplication in the regulation of downhole injection related to oil and gas exploration.
7. How does the amendment bring the regulations in step with current operating realities and/ or other modern legislation?
  The regulation of downhole injection of drill wastes from oil and gas exploration activities in the Northwest Territories has been streamlined through amendments to the Northwest Territories Waters Regulations (repealed and replaced by the Mackenzie Valley Federal Areas Waters Regulations). This has been achieved by removing the requirement for a water licence for the activity of downhole injection of drill wastes formerly found in Schedule IV of the Northwest Territories Waters Regulations, thereby allocating the responsibility for regulating and authorizing the activity with the appropriate regulator, the National Energy Board, pursuant to the Canada Oil and Gas Operations Act.
Mackenzie Valley Land Use Regulations
Period for Entering into an Agreement for the Purpose of Jointly Establishing a Review Panel Regulations
Preliminary Screening Requirement Regulations

Mi'kmaq Education Act

Mi'kmaq Education Act (Amendment to the Schedule to the Act)

Northwest Territories Act

Northwest Territories Archaeological Sites Regulations [Repealed]
Northwest Territories Reindeer Regulations [Repealed]

Nunavut Act

Nunavut Land Claims Agreement Act

Nunavut Waters Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The purpose of the Nunavut Waters Regulations is to provide regulations respecting the use of water and deposit of waste in Nunavut.
2. What are the key elements of this regulation?
  The Regulations define 65 water management areas. The regulations also prescribe different 'types' of water uses and waste disposal, criteria for licensing water use and waste disposal activities, the form and nature of reclamation securities, requirements for annual reporting, maintaining of books and records, and spill reporting, as well as water use and application fees.
3. How does this regulation affect Canadian businesses?
  The Nunavut Waters Regulations were developed to streamline the previous water licensing process in order to improve regulatory efficiencies. The Nunavut Waters Regulations introduce a new authorization (water use and waste disposal authorized without a licence). The Nunavut Water Board conducted an analysis of all water licence applications received in 2007, and identified that 35% of applicants would qualify for an authorization under the new Nunavut Waters Regulations. This process represents a decrease in administrative burden on business and the Nunavut Water Board. Applicants who qualify for an ‘authorized use of water/deposit of waste without a licence' face a simplified application process, and have less regulatory requirements to fulfill than a type ‘B' licence applicant. Specifically, an application for such an authorization does not need to be accompanied by an executive summary and translations, and does not need to be posted for a 30 day public comment and review period.
4. What is the timeline for implementation?
  The Nunavut Waters Regulations were approved and registered on April 18, 2013.
5. Where can I get more information?
  The Nunavut Waters Regulations can be found on the Justice Canada website.
  
  The Nunavut Waters Regulations were published in the Canada Gazette, Part II on December 8th, 2012. The Regulatory Impact Analysis Statement is available online.
  
  For additional inquiries, please contact:
  
  Glen Stephens
  Manager, Land and Water Resources Division
  Environment and Renewable Resources Directorate
  Northern Affairs Organization
  Indigenous and Northern Affairs Canada
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-994-7483; Fax: 819-997-9623
  Email: Glen.Stephens@rcaanc-cirnac.gc.ca
  
  Tanya Trenholm
  Senior Analyst – Water Policy
  Land and Water Resources Division,
  Environment and Renewable Resources Directorate
  Northern Affairs Organization
  Indigenous and Northern Affairs Canada
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-994-9401; Fax: 819-997-9623
  Email: Tanya.trenholm@aadnc-aandc.gc.ca
6. What deficiencies in the regulatory process have the regulations addressed?
  The Regulations improve the water licensing application process, simplify the criteria for determining the appropriate licensing schematic, provide greater certainty on annual reporting, spill reporting, as well as maintaining books and records, identify new water management areas, and incorporate language consistent with the Nunavut Land Claims Agreement.
7. How do the amendments bring the regulations in step with current operating realities and/ or other modern legislation?
  Until the Nunavut Waters Regulations were created, Indigenous and Northern Affairs Canada had adopted the Northwest Territories Waters Regulations (now repealed and replaced by the Mackenzie Valley Federal Areas Waters Regulations) in Nunavut, with the exception of section 5 of the Northwest Territories Waters Regulations, as section 5 was inconsistent with the Nunavut Land Claims Agreement (NLCA). Section 5 allowed for the use of water and deposit of waste in the NWT without a licence. The NLCA requires all uses of water or deposits of waste be approved by the Nunavut Water Board. A water use threshold of 50 cubic metres per day was chosen as the maximum amount of water use allowed for an authorized use without a licence, following an analysis of all water licence applications received by the Board in 2007. The amount of water use, and the threshold of waste disposal, which is the deposit of anything other than sewage to anything other than a sump, were determined to be sufficient to reduce the administrative burden of the Board in processing water licence applications by 35%, and also meet the operational goals of the establishment of such authorizations for water use and waste disposal without a licence. This threshold is different than the threshold set in the Northwest Territories, which is 100 cubic meters per day.
  
  Although the thresholds are different, the Nunavut Waters Regulations have introduced a process for the use of water and deposit of waste authorized without a licence, where previously there had been none and applicants were required to, at minimum, obtain a Type "B" licence. The intent of the new authorization is to provide some relief of administrative burden to stakeholders and improve the efficiency of the regulatory process in Nunavut, while remaining consistent with the intent of the Nunavut Land Claims Agreement.

Territorial Lands Act

Canada Oil and Gas Land Regulations
Northwest Territories Mining District and Nunavut Mining District Order
Northwest Territories Mining Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The purpose of this regulation is to allow for the orderly exploration, discovery, development and mining of mineral resources on lands under the administration of the Minister of Indigenous and Northern Affairs in the Northwest Territories.
2. What are the key elements of this regulation?
  - Where the regulations apply in Canada;
  - Criteria on who is entitled to prospect for minerals and stake mineral claims and how to obtain a licence to prospect;
  - List of prohibitions related to prospecting, staking claims and mining;
  - Instructions on how to locate a mineral claim;
  - Dispute process to determine priority of a staked claim where there is a protest between parties;
  - Method of application for a prospecting permit and a mineral lease;
  - Obligations that must be met in order to keep a claim, prospecting permit or lease in good standing;
  - Administrative rules regarding searching records and notices;
  - Ability to request a review by the Minister on any decision or lack of decision made under the regulations;
  - Detailed instructions on the form and format of data and information provided in a report of exploration work; and,
  - Fees, royalty rates and collection of royalties.
3. How does this regulation affect Canadian businesses?
  This regulation only affects Canadian businesses that are interested in mineral exploration or mining on those lands that were excluded from transfer to the Government of Northwest Territories. The list of lands excluded can be found in Schedule 4 of the Northwest Territories Devolution Agreement. Minerals substances are defined in the regulation and specifically exclude coal, petroleum and other materials that are administered by other regulation.
  
  It provides businesses the framework for the allocation of mineral rights through application processes, requirements on the business to report on exploration work, leasing and submission of royalties to the Crown. The direct effect on business is the ability to define economic mineral deposits and then profit flows to the company from the sale of the extracted minerals. The Crown also benefits from mineral production through the collection of royalties.
4. What is the timeline for implementation?
  The latest amendment to this regulation came into force on March 31, 2014 and applies to Crown lands administered by Indigenous and Northern Affairs Canada in the Northwest Territories and which were excluded from transfer to the Government of Northwest Territories. The list of lands excluded can be found in Schedule 4 of the Northwest Territories Devolution Agreement.
5. Where can I get more information on mineral tenure?
  Mining Recorder's Office
  Northwest Territories Region
  Indigenous and Northern Affairs Canada
  4923-52nd Street
  Yellowknife, Northwest Territories, X1A 2R3
  Tel.: 867-669-2449; Fax: 867-669-2702
  Email: Rebecca.Leighfield@aadnc-aandc.gc.ca
6. Where can I get more information on royalties, policy and regulatory issues?
  Resources Management Directorate
  Indigenous and Northern Affairs Canada
  25 Eddy Street, 10th Floor
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-953-2087; Fax: 819-953-5828
7. How do the regulations benefit businesses seeking to invest in the North?
  Benefits to businesses seeking to invest in the North include:
  - Certainty over who has the right to the minerals;
  - Predictability in application and approval processes;
  - Clear instructions related to requirements; and,
  - Reasonable rates of royalties linked to value of output of mine.
8. What deficiencies in the regulatory process have the most recent amendments addressed?
  The most recent amendments were completed March 31, 2014. The deficiencies that were addressed are:
  - Removing discretion from decision makers to provide greater certainty and predictability to businesses;
  - Making two federal regulations to better reflect the political make up of the Territories following the devolution of responsibilities over the mineral resources to the Government of the Northwest Territories;
  - Repealing unused sections; and,
  - Providing greater detail on how to submit data related to geoscientific work in order to collect better information.
9. How do the amendments bring the regulations in step with current operating realities and/ or other modern legislation?
  The amendments that came into force on March 31, 2014 provide two separate federal mining regulations for Nunavut and the Northwest Territories. They have been streamlined to provide more certainty and predictability. Timelines and requirements are clearly laid out. Discretion is removed as much as possible and while this increases transparency, there is also less room for error by the applicant.
  
  In order to promote sustainable mineral development across the North the amended regulations include environmental baseline studies as an allowable type of work. This type of baseline work is valuable when progressing into a state of production as project plans require details of the existing state of the environment in and around the site.
Nunavut Mining Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The purpose of this regulation is to allow for the orderly exploration, discovery, development and mining of mineral resources on lands under the administration and control of the Minister of Indigenous and Northern Affairs in Nunavut.
2. What are the key elements of this regulation?
  - Where the regulations apply in Canada;
  - Criteria on who is entitled to prospect for minerals and stake mineral claims and how to obtain a licence to prospect;
  - List of prohibitions related to prospecting, staking claims and mining;
  - Instructions on how to locate a mineral claim;
  - Dispute process to determine priority of a staked claim where there is a protest between parties;
  - Method of application for prospecting permit and a mineral lease;
  - Obligations that must be met in order to keep a claim, prospecting permit or lease in good standing;
  - Administrative rules regarding searching records and notices;
  - Ability to request a review by the Minister on any decision or lack of decision made under the regulations;
  - Detailed instructions on the content and format of data and information provided in a report of exploration work; and,
  - Fees, royalty rates and collection of royalties.
3. How does this regulation affect Canadian businesses?
  This regulation only affects Canadian businesses that are interested in mineral exploration or mining in Nunavut. Minerals substances are defined in the regulation and specifically exclude coal, petroleum and other materials that are administered by other regulation.
  
  It provides businesses the framework for the allocation of mineral rights through application processes, requirements on the business to report on exploration work, leasing and submission of royalties to the Crown. The direct effect on business is the ability to define economic mineral deposits and then profit flows to the company from the sale of the extracted minerals. The Crown also benefits from mineral production through the collection of royalties.
4. What is the timeline for implementation?
  The latest amendment to this regulation came into force on March 31, 2014 and applies to sub-surface Crown lands administered by Indigenous and Northern Affairs Canada in Nunavut.
5. Where can I get more information on mineral tenure?
  The Nunavut Mining Recorder is operationally responsible for the administration of the mineral tenure sections of the regulations.
  
  Mining Recorder's Office
  Nunavut Region
  Indigenous and Northern Affairs Canada
  Qimugjuk Building
  PO Box 100
  Iqaluit, Nunavut, X0A 0H0
  Tel.: 867-975-4275; Fax: 867-975-4286
  Email: landsmining@aadnc-aandc.gc.ca
6. Where can I get more information on royalties, policy and regulatory issues?
  Petroleum and Mineral Resources Management Directorate
  Indigenous and Northern Affairs Canada
  25 Eddy Street, 10th Floor
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-953-2087; Fax: 819-953-5828
7. How do the regulations benefit businesses seeking to invest in the North?
  Benefits to businesses seeking to invest in the North include:
  - Certainty over who has the right to the minerals;
  - Predictability in application and approval processes;
  - Clear instructions related to requirements; and,
  - Reasonable rates of royalties linked to value of output of mine.
8. What deficiencies in the regulatory process have the most recent amendments addressed?
  The most recent amendments were completed March 31, 2014. The deficiencies that were addressed are:
  - Removing discretion from decision makers to provide greater certainty and predictability to businesses;
  - Making two federal regulations to better reflect the political make up of the Territories following the devolution of responsibilities over the mineral resources to the Government of the Northwest Territories;
  - Repealing unused sections; and,
  - Providing greater detail on how to submit data related to geoscientific work in order to collect better information.
9. How do the amendments bring the regulations in step with current operating realities and/ or other modern legislation?
  The amendments that came into force on March 31, 2014 provide two separate federal mining regulations for Nunavut and the Northwest Territories. They have been streamlined to provide more certainty and predictability. Timelines and requirements are clearly laid out. Discretion is removed as much as possible and while this increases transparency, there is also less room for error by the applicant.
  
  In order to promote sustainable mineral development across the North the amended regulations include environmental baseline studies as an allowable type of work. This type of baseline work is valuable when progressing into a state of production as project plans require details of the existing state of the environment in and around the site.
Order authorizing certain employees of the Government of Canada to acquire interests in territorial lands in the Northwest Territories (Order No. 1, 1998)
Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Northwest Territories (Order No. 05, 2001)
Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Northwest Territories (Order No. 1, 1999)
Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Northwest Territories (Order No. 1, 2001)
Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Northwest Territories (Order No. 2, 1998)
Order Authorizing Federal Employees to Acquire Interests in Certain Lands in the Northwest Territories (Order No. 3, 1999)
Territorial Coal Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The purpose of this regulation is to allow for the orderly exploration, discovery, development and mining of coal resources on lands under the administration and control of the Minister of Indigenous and Northern Affairs in either Nunavut or the Northwest Territories.
2. What are the key elements of this regulation?
  - Criteria on who is entitled to stake a location for coal mining;
  - List of lands not available for coal mining or exploration;
  - Instructions on how to locate a coal mining lease or a coal mining permit and the operational obligations and terms associated with a lease or permit;
  - Method of application for a coal mining lease, a coal mining permit and a coal exploration licence;
  - Obligations and limitations on coal mining, extraction and exploration; and
  - Fees, royalty rates and collection of royalties.
3. How does this regulation affect Canadian businesses?
  This regulation only affects Canadian businesses that are interested in coal exploration or mining.
  
  It provides business the framework for the allocation of coal exploration rights and coal extraction through application processes, requirements on the business to report on exploration work, limits on production and submission of royalties to the Crown.
  
  The effect on business is the ability to define economic coal deposits and then profit flows to the company and to the Crown from the sale of the extracted coal.
4. What is the timeline for implementation?
  These regulations were formulated as a result of a consolidation of several regulations in 1902 and in substance were made to specifically apply in the territories in 1947. Since then, several minor amendments have occurred; the last amendment was made in 2003 as a result of Yukon devolution.
  
  They are currently in force on Crown lands administered by Indigenous and Northern Affairs Canada in Nunavut or on Crown lands that were excluded from transfer to the Government of Northwest Territories. The list of lands excluded can be found in Schedule 4 of the Northwest Territories Devolution Agreement.
5. Where can I get more information on coal tenure?
  Mining Recorder's Office
  Northwest Territories Region
  Indigenous and Northern Affairs Canada
  4923-52nd Street
  Yellowknife, Northwest Territories, X1A 2R3
  Tel.: 867-669-2449; Fax: 867-669-2702
  Email: Rebecca.Leighfield@aadnc-aandc.gc.ca
  
  Mining Recorder's Office
  Nunavut Region
  Indigenous and Northern Affairs Canada
  Qimugjuk Building
  PO Box 100
  Iqaluit, Nunavut, X0A 0H0
  Tel.: 867-975-4275; Fax: 867-975-4286
  Email: landsmining@aadnc-aandc.gc.ca
6. Where can I get more information on royalties, policy and regulatory issues?
  Petroleum and Mineral Resources Management Directorate
  Indigenous and Northern Affairs Canada
  25 Eddy Street, 10th Floor
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-953-2087; Fax: 819-953-5828
7. How do the regulations benefit businesses seeking to invest in the North?
  These regulations provide an administrative regime in which to allocate rights to coal and rights to areas where a business would like to explore for coal.
8. What deficiencies in the regulatory process have the regulations addressed?
  These regulations have not been substantially amended since 1947.
Territorial Lands Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The Territorial Lands Regulations, made under the Territorial Lands Act, apply to territorial lands that are under the control, management and administration of the Minister of Indigenous and Northern Affairs and relate to the disposition of these lands (sale and leasing) in Nunavut and the Northwest Territories.
2. What are the key elements of this regulation?
  The Territorial Lands Regulations allow for the disposition of Crown land in Nunavut and the Northwest Territories under the control, management and administration of the Minister of Indigenous and Northern Affairs either through sale or lease. Leases are for longer term activities such as operating a mine and outfitter lodges.
3. How does this regulation affect Canadian businesses?
  The Territorial Lands Regulations are used by businesses and individuals looking to establish long term tenure on Crown lands in Nunavut and the Northwest Territories under the control, management and administration of the Minister of Indigenous and Northern Affairs.
4. What is the timeline for implementation?
  The latest version of the Territorial Lands Regulations has been in force since 1996 with minor amendments in 2003.
5. Where can I get more information?
  The Territorial Lands Regulations can be found on the Justice Canada website.
  
  For additional inquiries, please contact:
  
  Glen Stephens
  Manager, Land and Water Resources Division
  Environment and Renewable Resources Directorate
  Northern Affairs Organization
  Indigenous and Northern Affairs Canada
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-994-7483; Fax: 819-997-9623
  Email: Glen.Stephens@rcaanc-cirnac.gc.ca
6. How do the regulations benefit businesses seeking to invest in the North?
  These regulations provide the authority for Indigenous and Northern Affairs Canada to grant surface leases to businesses and individuals for long-term use such as buildings, ports or airstrips. Surface leases give the holder exclusive right to the land.
7. What deficiencies in the regulatory process have the regulatory amendments addressed?
  These regulations have not been substantially amended since 1996.
Territorial Dredging Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The purpose of this regulation is to authorize exclusive rights to dredge for minerals in the submerged bed of any river under the administration of the Minister of Indigenous and Northern Affairs in either Nunavut or the Northwest Territories.
2. What are the key elements of this regulation?
  - Instructions on how to locate a dredging lease and the operational obligations and terms associated with a lease;
  - Allowances for dredging lease holders to cut some timber for dredging operations;
  - Fees associated with leasing; and,
  - Royalty rates and collection of royalties.
3. How does this regulation affect Canadian businesses?
  Prior to Yukon's devolution, businesses seeking authorizations from Indigenous and Northern Affairs Canada to dredge for gold or silver in the placer deposits found in that territory used this regulation. This regulation has not been utilized by any businesses in Nunavut or the Northwest Territories and is no longer administered by Indigenous and Northern Affairs Canada in the Yukon, since devolution in 2003.
4. What is the timeline for implementation?
  These regulations were made in 1900 to apply to the Yukon Territory and were last amended in 2003 to make minor changes that were required as a result of Yukon devolution. They are in force on Crown lands administered by Indigenous and Northern Affairs Canada in Nunavut and on Crown lands that were excluded from transfer to the Government of Northwest Territories. The list of Northwest Territory lands excluded can be found in Schedule 4 of the Northwest Territories Devolution Agreement.
5. Where can I get more information?
  The Nunavut Mining Recorder is operationally responsible for the acceptance of applications for leases on behalf of the Minister.
  
  Mining Recorder's Office
  Indigenous and Northern Affairs Canada
  Nunavut Regional Office
  Qimugjuk Building
  PO Box 100
  Iqaluit, Nunavut, X0A 0H0
  Tel.: 867-975-4275
  Email: landsmining@aadnc-aandc.gc.ca
  
  The Petroleum and Mineral Resource Management Directorate in Ottawa is responsible for royalty collection, policy creation and regulatory support.
  
  Petroleum and Mineral Resources Branch
  Indigenous and Northern Affairs Canada
  10 Wellington
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-953-2087; Fax: 819-953-5828
6. How do the regulations benefit businesses seeking to invest in the North?
  Benefits are not obvious at this time as these regulations are not actively used in Nunavut or the Northwest Territories. Placer type alluvial deposits are not found in, or are considered very uncommon, for both Nunavut and the Northwest Territories.
7. What deficiencies in the regulatory process have the regulations addressed?
  These regulations are not used in Nunavut or the Northwest Territories.
Territorial Land Use Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The Territorial Land Use Regulations, made under the Territorial Lands Act, apply to territorial lands that are under the control, management and administration of the Minister of Indigenous and Northern Affairs and relate to the use of land, through the issuance of land use permits.
2. What are the key elements of this regulation?
  The Territorial Land Use Regulations allow for two classes of land use permit: 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. All land use permit applications are subject to an environmental screening. The Nunavut Land Claims Agreement has articles that outline the level of environmental screenings that may be required. 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.
3. How does this regulation affect Canadian businesses?
  This regulation affects businesses and individuals that want to undertake work on Crown lands under the control, management and administration of the Minister of Indigenous and Northern Affairs. A land use permit is required if the business or individual meets any of the thresholds outlined in sections 8 and 9 of the Regulations. E.g., a Class A Permit would be required for the establishment of any campsite that is to be used for more than 400 man-days.
4. What is the timeline for implementation?
  The latest version of the Territorial Land Use Regulations has been in force since 1996 with minor amendments in 2016.
5. Where can I get more information?
  The Territorial Land Use Regulations can be found on the Justice Canada website.
  
  For additional inquiries, please contact:
  
  Glen Stephens
  Manager, Land and Water Resources Division
  Environment and Renewable Resources Directorate
  Northern Affairs Organization
  Indigenous and Northern Affairs Canada
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-994-7483; Fax: 819-997-9623
  Email: Glen.Stephens@rcaanc-cirnac.gc.ca
6. How do the amendments benefit businesses seeking to invest in the North?
  Changes are being made to the length of land use permit terms as well as to the length of land use permit extensions which affords greater flexibility to companies when planning their activities. The proposed changes will also relieve some of the administrative burden on both companies and the Crown.
7. What deficiencies in the regulatory process have the amendments addressed?
  The amendments help reduce the administrative burden for companies and regulators by increasing the length of a land use permit from two (2) years to a maximum of five (5) years and by increasing the length of the permit extension from 1 year to a maximum of two (2) years. The amendments ensure that adequate time is provided for consultation on Class B applications; they allow for new technologies (i.e. GPS coordinates) to be used in the final reporting; and modernize the language used in the provisions of the Territorial Land Use Regulations.
  
  The amendments help bring the Territorial Land Use Regulations more in step with the Mackenzie Valley Land Use Regulations which bring more consistency to the regulatory regime that is currently being used in the North. For example, if a land use permit that crosses two different jurisdictions is required, the length of both permits can be coordinated to be the same length of time; thereby avoiding any administrative delays that would slow down the activity.
8. How do the amendments bring the regulations in step with current operating realities and/ or other modern legislation?
  The amendments to increase the length of permit from two (2) years to a maximum of (5) five years brings the Territorial Land Use Regulations more in step with the neighboring Mackenzie Valley Land Use Regulations, which will bring more consistency to the regulatory regime that is currently being used in the North. In addition to consistency in length of land use permit terms across the Mackenzie Valley and Nunavut, if a project straddles both jurisdictions, the length of permits will now be consistently applied, thereby avoiding administrative delays that would slow down the activity.
Territorial Quarrying Regulations
Frequently Asked Questions
1. What is the purpose of this regulation?
  The Territorial Quarrying Regulations, made under the Territorial Lands Act, apply to territorial lands under the control, management and administration of the Minister of Indigenous and Northern Affairs and allow for the extraction of quarry material through a quarry permit or lease.
2. What are the key elements of this regulation?
  The quarry sector in the North is a small but critical industry. Almost all physical developments will require some type of quarried material, whether gravel for a driveway to a house or the large range and quantity of materials needed to build the complex infrastructure of mineral or petroleum developments. Growth in this sector is largely dependent on spending on industrial developments and public infrastructure. Applicants range from individuals or small companies – who may take a small volume of material from the same pit year after year- to large multi-nationals, which may need a huge quantity of material in one or several construction seasons.
  
  Quarry permits allow the taking of a specified quantity of material from Crown lands, but a land use permit is also required to access the land covered by the quarry permit. The land use permit contains operating conditions and provides a linkage to the environmental assessment, monitoring and enforcement processes.
3. How does this regulation affect Canadian businesses?
  Applicants range from individuals, who may take a small volume of material from the same pit year after year, to large multi-nationals, which may need a huge quantity of material in one or several construction seasons. Through a quarry permit or lease, applicants are allowed to take a specified quantity of material from Crown lands.
4. What is the timeline for implementation?
  The Territorial Quarrying Regulations have been in force since 1996 with minor amendments in 2016.
5. Where can I get more information?
  The Territorial Quarrying Regulations can be found on the Justice Canada website.
  
  For additional inquiries, please contact:
  
  Glen Stephens
  Manager, Land and Water Resources Division
  Environment and Renewable Resources Directorate
  Northern Affairs Organization
  Indigenous and Northern Affairs Canada
  Gatineau, Quebec, K1A 0H4
  Tel.: 819-994-7483; Fax: 819-997-9623
  Email: Glen.Stephens@rcaanc-cirnac.gc.ca
6. How do the regulations benefit businesses seeking to invest in the North?
  The regulations allow for applicants ranging from individuals or small companies to large multi-nationals, who may need a small volume of material to a large quantity of material in one or several construction seasons. Through a quarry permit or lease, applicants are allowed to take a specified quantity of material from Crown lands.
7. What deficiencies in the regulatory process have the amendments addressed?
  The amendments to the Territorial Quarrying Regulations help improve how quarrying operations are managed and also help improve the northern regulatory environment. For example, by changing the length of the term from one (1) year to a maximum of three (3) years the administrative burden is reduced by not having to re-apply every year for use of the same area.
  
  By including Nunavut and changing the measurements from imperial units to metric, the Territorial Quarrying Regulations are brought up to standards that are reflective of the current working environment in the North. In addition to clarifying some of the definitions, the amendments also simplify some of the clauses, making them clearer for users.
  
  The long title of the Territorial Quarrying Regulations itemizes a number of materials that may be disposed of under the Regulations but does not define them. The change removed the named material from the title and adds the detail to the definition section of the Regulations, thereby providing greater precision, clarity and certainty with regard to the materials covered under the Regulations.
  
  With the creation of the Nunavut Land Claims Agreement, certain rights were guaranteed to the Inuit with respect to carving stone. A definition of "carving stone", and a section prescribing the Inuit rights to carving stone in Nunavut, has been added to the Regulations.
8. How do the amendments bring the regulations in step with current operating realities and/ or other modern legislation?
  The increased quarry permit three (3) year term links better to the newly expanded terms of land use permits from two (2) years to five (5) years. Since quarry permits also require a land use permit to access aggregate materials (e.g., gravel), coordinated inspections for both land use permits and quarry permits will ensure more efficiency including, in meeting closure requirements.

Time Limits and Other Periods Act (COVID-19)

Order Extending Certain Time Limits Established by the Nunavut Mining Regulations (COVID-19)

Westbank First Nation Self-Government Act

Westbank First Nation Land Registry Regulations

Yukon Environmental and Socio-Economic Assessment Act

Yukon Surface Rights Board Act^{Footnote 3}

Yukon Surface Rights Board Act (Amendments to Schedule 1 to the Act)
Regulations Identifying the Provisions of the Laws of the Legislature of Yukon Conferring Rights of Access for the Purpose of the Exercise of a Mineral Right

Footnotes

Footnote 1

The administration of oil and gas rights on frontier lands is shared with Natural Resources Canada.

Return to footnote 1 referrer

Footnote 2

Four regulations related to the administration of oil and gas rights on frontier lands are shared with Natural Resources Canada, which has the lead role in administering these regulations.

Return to footnote 2 referrer

Footnote 3

Several Yukon Acts and associated regulations have been repealed due to the Yukon devolution initiative and the coming into force of the new Yukon Act effective April 1, 2003. Repealed Acts and associated regulations include: Yukon Archeological Sites Regulations, Yukon Placer Mining Act and Yukon Placer Mining Land Use Regulations, Yukon Quartz Mining Act and Work Relief and Land Use Regulations, Yukon Waters Act and Regulations, Yukon Territory Water Board Rules of Procedure.

Return to footnote 3 referrer

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Date modified:: 2023-03-01