User fees, regulatory charges and external fees

Reporting on the User Fees Act

Fee name: Fees charged for the processing of access requests filed under the Access to Information Act

Fee type: Other Products and Services

Fee-setting authority: Access to Information Act, s. 11(1)(a)

Year introduced: 1985

Year last amended: 1992

Performance standard: Response provided within 30 days following receipt of request. The response time may be extended pursuant to section 9 of the Act. Notice of extension to be sent within 30 days after receipt of request. Additional details can be found in the Act.

Performance results: On-time responses (i.e. responses completed within their 30-day or extended statutory deadline) were provided for 96.7% of requests that were completed in 2016–2017.

Other information: Not applicable

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
3,100 3,660 3,660
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 4,135 4,135
2018–2019 4,673 4,673
2019–2020 5,281 5,281

Reporting on the Policy on Service Standards for external fees

External fee name Service standard Performance results Stakeholder consultation in 2016–2017 or prior fiscal years
Fees charged for the processing of access requests filed under the Act Response provided within 30 days following receipt of request. The response time may be extended pursuant to section 9 of the Act. Notice of extension to be sent within 30 days of receipt of request. The Act provides fuller details. INAC has met the statutory deadline for the Act requests 96.7% during the last fiscal year. The performance standards are established by the Act and the Access to Information Regulations. Consultations with stakeholders are undertaken as necessary.

Other information: Not applicable

Reporting on the User Fees Act

Fee name: Nunavut Mining Regulations

Fee type: Regulatory

Fee-setting authority: Territorial Lands Act

Year introduced: Effective since at least 1978; the exact date fees were introduced prior to 1978 is unknown.

Year last amended: The Canada Mining Regulations were changed to the Northwest Territories and Nunavut Mining Regulations in 2007, with amendments to the royalty sections. On April 1, 2014, a modern version of the Regulations was split into two sets of regulations: the Nunavut Mining Regulations apply to Crown lands in Nunavut, while the Northwest Territories Mining Regulations apply to residual Crown lands still under the INAC Minister's authority after devolution. INAC is working with the Department of Justice to amend the Nunavut Mining Regulations so that mineral claims can be selected from online maps.

The map selection system would replace the current process of physically staking (locating) mineral claims on the ground in Nunavut. The proposed system, a modern, fast and secure way to acquire a mineral claim, would streamline the administrative process so clients could obtain immediate approval and ownership for mineral claims and tenure rights.

This would cut approval wait times for most mineral rights processes. Mining representatives were consulted in various ways and showed strong support for the project. Later in 2017, stakeholders will be invited to give feedback when the proposed amendments are published in Part I of the Canada Gazette.

Performance standard: Current service standards are set in existing legislation and regulations or published on INAC's website.

Performance results: All applications are managed within set timelines that vary depending on the transaction. For example, applications to record are completed some 90 days from date of receipt. However, if there are issues to address beforehand, some files may not be processed in this timeframe.

Other information: The fee or service sets in motion a series of land and resource management and environmental protection activities.

When the Nunavut Mining Regulations adopted the metric system on April 1, 2014, and fee schedules were changed to indicate hectares rather than acres, no complaints were received.

Full and estimated full costs for planning years are reviewed annually and currently represent the best available data.

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
1,459,684 1,986,372 2,293,563
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 1,986,372 2,339,434
2018–2019 1,986,372 2,386,223
2019–2020 1,986,372 2,433,948

Fee name: Northwest Territories Mining Regulations

Fee type: Regulatory

Fee-setting authority: Territorial Lands Act

Year introduced: Effective since at least 1978, although exact date fees were introduced prior to 1978 is unknown.

Year last amended: The Canada Mining Regulations were changed to the Northwest Territories and Nunavut Mining Regulations in 2007, with amendments to the royalty sections. On April 1, 2014, a modern version of the Regulations was split into two sets of regulations: the Nunavut Mining Regulations apply to Crown lands in Nunavut, while the Northwest Territories Mining Regulations apply to residual Crown lands still under the INAC Minister's authority after devolution. Since the Northwest Territories Mining Regulations apply to only a small amount of lands, there are no immediate plans to update or amend them to allow mineral claims to be selected from online maps.

Performance standard: Current service standards are set in existing legislation and regulations. There are no other separate service standards created given the low volume of applications. However, the applications are nonetheless treated with the same standards established for Nunavut.

Performance results: All applications processed within set timelines. These timelines vary depending on the transaction. For example, application to record is completed approximately 90 days from the date of receipt. Some files may not be completed within this time frame if there are issues to be dealt with beforehand.

Other information: The fee or service sets in motion a series of land and resource management and environmental protection activities.

When the Northwest Territories Mining Regulations adopted the metric system on April 1, 2014, and fee schedules were changed to indicate hectares rather than acres, no complaints were received.

Full and estimated full costs for planning years are reviewed annually and currently represent the best available data.

The forecast below accounts for the April 2014 devolution of jurisdiction to the Government of Northwest Territories. However, as the transfer does not apply to some remaining user fees, the Northwest Territories will collect only a small amount of projected user fees after devolution.

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
0 280,461 29,926
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 280,461 30,525
2018–2019 280,461 31,135
2019–2020 280,461 31,758

Fee name: Territorial Land Use Permits

Fee type: Regulatory

Fee-setting authority: Territorial Lands Act and Mackenzie Valley Resource Management Act

Year introduced: 1996

Year last amended: 2016 (for modernization); 1996 (for the inclusion of the user fee).

Performance standard: Current service standards are set in existing legislation and regulations.

Performance results: All land use permits were issued within the regulated timeline in Nunavut and on remaining crown lands in the Northwest Territories.

Other information: The fee or service triggers a series of activities related to land and resource management and the protection of the environment, all of which are controlled by the nature and scope of the resource development projects, e.g. mine development.

Reviewed annually, the full costs and estimated full costs for planning years represent the best available cost data at this time.

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
5,986 26,285 130,822
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 6,536 133,438
2018–2019 6,536 136,107
2019–2020 6,536 138,829

Fee name: Territorial Land Lease Authorizations

Fee type: Regulatory

Fee-setting authority: Territorial Lands Act

Year introduced: 1996

Year last amended: 1996 (for the inclusion of the user fee)

Performance standard: Performance standards vary depending on research, negotiations and environmental assessment decisions and are shared with clients throughout the process.

Performance results: The fee or service triggers a series of activities related to land and resource management and the protection of the environment, all of which are controlled by the nature and scope of the resource development projects, e.g. mine development.

Territorial Lands full cost only reflects the processing of rental; it does not include the full use of land.

The devolution of jurisdiction to the Government of Northwest Territories in April 2014 has been taken into consideration in the forecast below. Note that there are remaining user fees that been excluded from the transfer to the Government of Northwest Territories since the 2014 devolution, which explains why these are reduced forecasted amounts.

Reviewed annually, the full costs and estimated full costs for planning years represent the best available cost data at this time.

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
353,705 134,226 227,655
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 107,155 232,208
2018–2019 111,155 236,852
2019–2020 111,155 241,589

Fee name: Frontier Lands Registration Regulations

Fee type: Regulatory

Fee-setting authority: Canada Petroleum Resource Act

Year introduced: 1988

Year last amended: 1988

Performance standard: Standard requests should be processed within 10 working days. Requests that require additional research take additional time to process (requestor is advised of the delay at the time the request is made); please refer to Schedule 15 of the Frontier Lands Registration Regulations. The tariff of fees for a service set out in these columns is payable at the time the service is rendered. Where a fee is payable pursuant to these Regulations, it is payable to the Receiver General.

Performance results: All standard requests were processed within the established timeline. A number of requests necessitated further research, which resulted in additional processing time.

Other information: Reviewed annually, the full costs and estimated full costs for planning years represent the best available cost data at this time.

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
1,500 2,265 45,304
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 2,000 46,210
2018–2019 2,300 47,134
2019–2020 2,500 48,077

Fee name: Territorial Quarrying

Fee type: Regulatory

Fee-setting authority: Territorial Lands Act and Mackenzie Valley Land Use Regulations

Year introduced: 1996

Year last amended: 2016 (modernization)

Performance standard: The issuance of a quarrying permit leads to the granting of a land use permit. As such, there is no timeline set in Regulations to process, issue or reject a quarrying permit application.

Performance results: Permits were issued once pre-conditions were met.

Other information: Not applicable

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
0 0 0
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 0 0
2018–2019 0 0
2019–2020 0 0

Fee name: Territorial Water Use Licences

Fee type: Regulatory

Fee-setting authority: Mackenzie Valley Resource Management Act for the Mackenzie Valley Federal Areas Waters Regulations; Waters Act for the Water Regulations (a Government of the Northwest Territories Act and related regulation that are used by the Government of Canada in the Inuvialuit Region of the Northwest Territories); and Nunavut Waters and Nunavut Surface Rights Tribunal Act for the Nunavut Waters Regulations

Year introduced: 2014 — Mackenzie Valley Federal Areas Waters Regulations; 2014 — Waters Regulations (Government of the Northwest Territories); 2013 — Nunavut Waters Regulations

Year last amended: 2014 — Mackenzie Valley Federal Areas Waters Regulations; 2014 — Waters Regulations (Government of the Northwest Territories); and 2013 — Nunavut Waters Regulations.

Performance standard: Performance standards vary depending on research, negotiations and environmental assessment decisions and are shared with clients throughout the process.

Performance results: All water use authorizations were issued once all pre-conditions were met.

Other information: The fee or service triggers a series of activities related to land and resource management and the protection of the environment, all of which are controlled by the nature and scope of the resource development projects, e.g. mine development. The Nunavut Waters Regulations under the Nunavut Waters and Nunavut Surface Rights Tribunal Act came into effect in June 2013. Extensive consultations with stakeholders were conducted and no comments were raised about the fees. In 2014, the Mackenzie Valley Federal Areas Waters Regulations came into effect under the authority of the Mackenzie Valley Resource Management Act. Limited consultations with stakeholders were conducted because the changes were administrative in nature to reflect the changes in the regulatory regime as a result of the devolution of water management responsibilities to the Government of the Northwest Territories from the Government of Canada.

Reviewed annually, the full costs and estimated full costs for planning years represent the best available cost data at this time.

The devolution of jurisdiction to the Government of Northwest Territories in April 2014 has been taken into consideration in the forecast below. Note that there are remaining user fees that have been excluded from the transfer to the Government of Northwest Territories since the 2014 devolution, which explains why there are reduced forecasted amounts.

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
95,654 119,820 10,757
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 102,104 10,972
2018–2019 102,104 11,191
2019–2020 102,104 11,415

Fee name: Territorial Coal

Fee type: Regulatory

Fee-setting authority: Territorial Lands Act

Year introduced: Effective since at least 1978; exact date fees were introduced prior to 1978 is unknown.

Year last amended: 2003

Performance standard: Exploration permits are issued once consultations are complete.

Performance results: Permits were issued upon completion of consultations.

Other information: Not applicable

Financial information, 2016–2017 (dollars)
Forecast revenue Actual revenue Full cost
0 0 0
Financial information, 2017–2018, 2018–2019 and 2019–2020 (dollars)
Planning year Forecast revenue Estimated full cost
2017–2018 0 0
2018–2019 0 0
2019–2020 0 0

Summary of financial information for user fees and regulatory charges, excluding Access to Information and Privacy

Summary of financial information for all user fees and regulatory charges, 2016–2017 (dollars)
  Forecast revenue Actual revenue Full cost
Regulatory subtotal 1,916,529 2,529,429 2,738,026
Other products and services subtotal 0 0 0
Total, all fee types 1,916,529 2,529,429 2,738,026
Summary of financial information for all user fees and regulatory charges, 2017–2018, 2018–2019 and 2019–2020 (dollars)
  Planning year Forecast revenue Estimated full cost
Regulatory subtotal 2017–2018 2,484,628 2,792,787
2018–2019 2,488,928 2,848,643
2019–2020 2,489,128 2,905,615
Other products and services subtotal 2017–2018 0 0
2018–2019 0 0
2019–2020 0 0
Total, all fee types 2017–2018 2,484,628 2,792,787
2018–2019 2,488,928 2,848,643
2019–2020 2,489,128 2,905,615

Reporting on the policy on service standards for external fees

External fee name Service standard Performance results Stakeholder consultation in
2016–2017 or prior fiscal years
Nunavut Mining Regulations Applications for licence to prospect on Crown lands in Nunavut are issued within 30 days of receiving the application, provided the application is complete.

Applications to record mineral claim on Crown lands in Nunavut are recorded within 90 days of receiving the application, provided the application is complete.

Applications for permit to prospect on Crown lands in Nunavut are issued as soon as possible after January 31 in the year following the receipt of the application, and within 75 days from the closing date of the application period, provided the application is complete.
Service standard for all applications was met. Mining and other stakeholders were consulted on amendments to the Nunavut Mining Regulations to allow map-based selection of Nunavut mineral claims. These new processes will mean the repeal of some fees while others remain unchanged. No complaints were raised about this.
Northwest Territories Mining Regulations There are no separate service standards created given the low volume of applications. However, the applications are nonetheless treated with the same standards established for Nunavut. Service standard for all applications was met. Mining and other stakeholders were consulted on amendments to split the Northwest Territories and Nunavut Mining Regulations into two sets of federal regulations ahead of the April 1, 2014 devolution of authority for public lands to the Government of Northwest Territories. Since the federal Northwest Territories Mining Regulations apply to only a small amount of lands still under the INAC Minister's authority, there are no plans to amend them.
Territorial Land Use Permits As per s. 25 and 27, of the Territorial Land Use Regulations, land use permit applications are to be accepted or rejected within 10 days of receipt. Service standard for all applications was met as per the timelines set in the Regulations. Stakeholders were not consulted because the Regulations were already modernized and published in the Canada Gazette Part II. Stakeholders had been consulted as part of the modernization process.
Territorial Lands Lease Authorizations Applications are reviewed and processed within 10 days of receipt. Issuance of land authorizations may vary due to the complexity of the application or review process. Service standard was met.
Issuances of documents vary depending on research, negotiations and environmental assessment decisions and are shared with clients throughout the process. Documents were issued once all pre-conditions were met (e.g. environmental assessment decisions, lease negotiations).
Stakeholders were not consulted because the Regulations were not reviewed or revised.
Frontier Lands Registration Regulations Standard requests to be processed within 10 working days. Requests that require additional research, such as requests for amending an interest, will take additional time to be processed (requestor to be advised of the delay at the time the request is made). All standard requests were processed within the established timeline. No more than 20% of requests necessitated further research, which resulted in additional time and resources. There is no plan to amend the regulations. Revenue collected from the Regulation is associated with land management interests and standard requests. No license fees were collected in 2016–2017.
Territorial Quarrying Applications are reviewed and processed within 10 days of receipt. Where applicable, quarrying permits are issued at the same time as a land use permit. Service standard was met. Quarrying permits are issued once pre-conditions for a land use permit are met. Stakeholders were not consulted because the Regulations were already modernized and published in the Canada Gazette Part II. Stakeholders had been consulted as part of the modernization process.
Territorial Water Use Licences Service standards have been developed for all of the services identified in Regulations. All of the service standards established for services identified in Regulations were met. Stakeholders were not consulted because the Regulations were already modernized and published in the Canada Gazette Part II. Stakeholders had been consulted as part of the modernization process.
Territorial Coal Service standards have been developed for the services identified in the Territorial Coal Regulations. There were no applications in 2016–2017. Amendments were made in 2003 to remove Yukon from the Regulations in the context of the Yukon devolution. There are no plans to amend the Territorial Coal Regulations.
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