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Background 2.4.2 Disposition of subsurface resources In the NWT, subsurface resources are owned by either the Crown or Aboriginal governments through land claim agreements. Issuance of rights for specific subsurface resources on federal land, such as minerals or petroleum, is administered by Indian and Northern Affairs Canada.26 On Commissioner’s Lands (lands in or near communities), the administration and control of surface activities has been transferred to the territorial government but subsurface rights are retained by Indian and Northern Affairs.27 On land where aboriginal governments own subsurface resource rights, these rights are administered by these governments. The disposition of mineral rights to the private sector is regulated by the Territorial Lands Act28 and the NWT and Nunavut Mining Regulations. Petroleum rights are issued under the Canada Petroleum Resources Act.29 2.4.3 Permitting for exploration and drilling Drilling for geothermal wells in NWT would fall under the Canada Oil and Gas Operations Act, administered by the National Energy Board. In the Act a well is defined as an opening in the ground made “for the purpose of injecting gas, air, water or other substance into an underground formation” or, “for any purpose, if made through sedimentary rocks to a depth of at least one hundred and fifty metres.”30 Thus, any geothermal wellhole deeper than 150 metres or any hole for re-injection of geothermal fluids would fall under this Act. This Act also contains requirements for authorizations for geological/geophysical operations and drilling. 2.4.4 Development, operations and royalties 2.4.4.1 Development Land and water use activities in the Mackenzie Valley on Crown land are regulated under the Mackenzie Valley Resource Management Act,31 with the exception of the Inuvialuit Settlement Region and Wood Buffalo National Park. Water use for cooling for geothermal energy developments could be regulated under the NWT Waters Act,32 the Mackenzie Valley Resource Management Act, and in the Inuvialuit Region under the Northwest Territories Waters Act. A water licence could be issued by a regional land and water board, or, within unsettled lands, by the Mackenzie Valley Land and Water Board. The Mackenzie Valley Land and Water Board has provided for geothermal development in its licensing criteria for power production. The criteria delineates categories for production, ranging 26 Indian and Northern Affairs Canada, Your Guide to Who Manages Crown Land in the Northwest Territories. (2006). http://www.ainc-inac.gc.ca/ai/scr/nt/ntr/pubs/clg-eng.asp 27 Government of Canada, Territorial Lands Act (R.S., 1985, c. T-7) 28 Ibid. 29 Government of Canada, Canada Petroleum Resources Act (1985, c.36) 30 Government of Canada, Canada Oil and Gas Operations Act (R.S.C. 1985, c. O-7 – Consolidation. 2007 ) 31 Government of Canada, Mackenzie Valley Resource Management Act (1998, c. 25) 32 Government of Canada, Northwest Territories Waters Act (1992, c. 39) The Pembina Institute 17 Building a regulatory framework for geothermal development in the NWTPDF Image | geothermal energy development in the NWT
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