6.1 Authority for the management of granular resources

Issue

The Northwest Territories Lands Act does not provide specific enabling authority for regulations respecting the establishment, operation and restoration of a quarry, including the collection of fees, royalties and other charges. The authority exists in the Commissioner’s Land Act.

Background

Although the Quarrying Regulations are under the Northwest Territories Lands Act, the Northwest Territories Lands Act does not specifically provide specific authority for regulations respecting the management of granular resources on Territorial Lands. The Quarrying Regulations are made under a general “all purpose” authority^[1] which may be inadequate for expanding and modernizing the Quarrying Regulations.

The Commissioner’s Land Act contains explicit regulation-making authority for quarrying.^[2]

Recommended Action

• Propose that the Northwest Territories Lands Act include enabling authorities to create regulations respecting the management of granular resources including conservation and removal of granular materials from Territorial Lands and collection of fees, royalties and other charges.  

Rationale

This will help to improve granular resource management in the NWT, reduce GNWT liability for pit reclamation, and establish clear authority for revenue collection.

The recommended action will help to achieve the following goals:

• align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
• improve clarity with respect to legislative authority