F-11.64First Nations Commercial and Industrial Development ActSOR/2007-7920074
19
201301
28
20075
7
FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACTFort McKay First Nation Oil Sands RegulationsP.C.2007-58320074
19
Whereas in accordance with paragraph 5(a) of the First Nations Commercial and Industrial Development Acta the Minister of Indian and Northern Affairs has received a resolution of the council of the Fort McKay First Nation requesting that the Minister recommend to the Governor in Council the making of the annexed Fort McKay First Nation Oil Sands Regulations;S.C. 2005, c. 53And whereas in accordance with paragraph 5(b) of that Act the Fort McKay Oil Sands Intergovernmental Agreement has been concluded between the Minister, the Province of Alberta and the council of the Fort McKay First Nation for the administration and enforcement of the Regulations by the provincial officials and bodies specified in the Regulations;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Commercial and Industrial Development Acta, hereby makes the annexed Fort McKay First Nation Oil Sands Regulations.INTERPRETATION
DefinitionsThe following definitions apply in these Regulations.federal Ministerministre fédéralfederal Minister means the Minister of Indian Affairs and Northern Development.First NationPremière NationFirst Nation means the Fort McKay First Nation.project landsterres du projetproject lands means the lands in Alberta in Theoretical Township 96, Range 9, West of the 4th Meridian that are part of the Fort McKay Indian Reserve No. 174C and are shown on the Plan Showing Survey of Fort McKay Settlement (Oil Sands Lands) recorded in the Canada Lands Surveys Records under number 90264 and registered at the Land Titles Office in Edmonton under number 052 2726, containing 2077.37 hectares (5133.30 acres) more or less and more particularly described as follows:Lot 1, Block 2 830.57 ha (2052.4 ac);Lot 2, Block 2 1109.11 ha (2740.7 ac); andLot 3, Block 2 137.69 ha (340.2 ac).regulationrèglementregulation, for the purposes of Schedules 1 and 2, has the same meaning as in the Alberta Regulations Act (RSA 2000 cR-14), as amended from time to time.Alberta Interpretation ActThe laws that apply with respect to the project lands under section 3 shall be interpreted in accordance with the Alberta Interpretation Act (RSA 2000 cI-8), as amended from time to time.
PURPOSE
PurposeThe purpose of these Regulations is to implement with respect to the project lands a legal regime that is harmonized with the legal regime of Alberta that governs oil sands mining and related activities.
APPLICATION
Incorporation by referenceThe laws of Alberta specified in Schedule 1, as those laws are amended from time to time, are incorporated by reference and, with the adaptations specified in Schedule 2, apply with respect to the project lands.
InterpretationFor greater certainty,nothing in these Regulations confers any legislative power on any person or body;a person or body that has a power, duty or function — other than a legislative power — under the laws of Alberta specified in Schedule 1 has the same power, duty or function under these Regulations, subject to the adaptations specified in Schedule 2;a body or fund referred to in these Regulations is the same body or fund constituted under the applicable law of Alberta specified in Schedule 1;nothing in these Regulations affects the application or interpretation of agreements between Canada and Alberta regarding cooperative environmental assessments;where a law that applies with respect to the project lands under section 3 refers to a law that is adapted by these Regulations, the reference shall be read as a reference to the law as adapted; andin Schedule 1, a reference to regulations made under an Act includes all regulations made under that Act after the coming into force of these Regulations, unless excepted in Schedule 1 or 2.
Council of First NationThe First Nation shall act through its band council in respect of any power, duty or function of the First Nation under these Regulations.
Exclusion of Indian Oil and Gas ActThe Indian Oil and Gas Act does not apply with respect to the project lands.
Prevalence of these RegulationsThese Regulations prevail over all regulations made under the Indian Act, to the extent of any conflict or inconsistency between them.
Cooperative environmental assessmentIf, pursuant to the Canada – Alberta Agreement on Environmental Assessment Cooperation (2005), as amended from time to time, a cooperative environmental assessment with respect to the project lands is commenced before these Regulations come into force, Division 1 of Part 2 of the Alberta Environmental Protection and Enhancement Act (RSA 2000 cE-12) is deemed to be complied with if the Director designated under section 42 of that Act is of the opinion that the environmental assessment report that results from the assessment is complete.
COMING INTO FORCE
RegistrationThese Regulations come into force on the day on which they are registered.
(Subsection 1(1) and sections 3 and 4)LAWS OF ALBERTAAdministrative Procedures and Jurisdiction Act (RSA 2000 cA-3) and the regulations made under itAlberta Energy and Utilities Board Act (RSA 2000 cA-17) and the regulations made under it, except the following:—Administration Fees Regulation (AR 135/2002)Energy Resources Conservation Act (RSA 2000 cE-10)Environmental Protection and Enhancement Act (RSA 2000 cE-12) and the regulations made under it, except the following:—sections 3, 21 to 24, 53(b) and (c), 54, 55, 64, 134(f)(iv), 144, 183 to 186 and 224 of the Act—Conservation Easement Registration Regulation (AR 215/1996)— Emissions Trading Regulation (AR 33/2006)—Forest Resources Improvement Regulation (AR 152/1997) —Mercury Emissions from Coal-fired Power Plants Regulation (AR 34/2006)—section 2(2) of the Pesticide Sales, Handling, Use and Application Regulation (AR 24/1997)Historical Resources Act (RSA 2000 cH-9) and the regulations made under it, except the following:—sections 19(2)(c), 19(3), 19(8)(c), 19(9), 20(6)(c), 20(7), 20(15)(c), 20(16), 22, 24 to 29, 32(1) and 53 of the Act—any regulations that apply only to lands that are not within the project lands, including the Fort Macleod Provincial Historic Area Establishment Regulation (AR 158/1984) and the Old Strathcona Provincial Historic Area Establishment Regulation (AR 13/2007)—Dispositions Regulation (AR 101/1998)Hydro and Electric Energy Act (RSA 2000 cH-16) and the regulations made under itOil and Gas Conservation Act (RSA 2000 cO-6) and the regulations made under it, except the following:—Energy Resources Conservation Board Order No. Misc 8003, An Order Respecting Brascan Resources Limited (AR 90/1980)—Section 43 Exemption Regulation (AR 220/1974)Oil Sands Conservation Act (RSA 2000 cO-7) and the regulations made under itPipeline Act (RSA 2000 cP-15) and the regulations made under it, except the following:—section 40 of the Act
(Subsection 1(1) and sections 3 and 4)ADAPTATIONSADAPTATIONS APPLICABLE TO ALL LAWS OF ALBERTA SPECIFIED IN SCHEDULE 1
Interpretation in French versionIn a provision of the French version of this Schedule, a term in English that is printed in a combination of parentheses and quotation marks is defined in the law that is adapted by that provision.
Fee or chargeAny obligation to pay a fee or charge does not apply to Her Majesty in right of Canada.
Ownership — exclusion of Her MajestyAny obligation or liability of an owner of land, buildings, structures or fixtures does not apply to Her Majesty in right of Canada.Approval of ownerWhere any consent, authorization or other approval of an owner of land is required, it may only be given by the federal Minister and the First Nation.Notice to federal MinisterWhere any notice or document is required to be given to an owner of land, it shall be given to the federal Minister and the First Nation.
Person indebtedA reference to a person who is indebted to the Government or the Crown shall be read as a reference to a person who is indebted to the Government of Alberta, the Crown in right of Alberta, Her Majesty in right of Canada or the First Nation.
Person responsibleA reference to “person responsible” shall be read as excluding Her Majesty in right of Canada.
Surface Rights Act exclusionsAny provision referring to the Alberta Surface Rights Act (RSA 2000 cS-24) or to rights under that Act or to the Surface Rights Board does not apply with respect to the project lands.
Emergency response planWhere an emergency response plan is required to be filed with, submitted to or otherwise made available to any person or body, the person having the obligation shall without delayprovide confirmation to the federal Minister and the First Nation that the obligation has been met; andif requested, provide a copy of the plan to the federal Minister and the First Nation.
ADAPTATIONS TO THE ADMINISTRATIVE PROCEDURES AND JURISDICTION ACT
“Statutory power”In the definition of statutory power in section 1(c), a reference to “statute” shall be read as a reference to a statute of Alberta that applies with respect to the project lands by virtue of these Regulations.
ADAPTATIONS TO THE ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT AND REGULATIONSAdaptations to the Environmental Protection and Enhancement Act
Person directly affectedA reference to “any person who is directly affected” shall be read as including the federal Minister and the First Nation.
Powers respecting economic instrumentsNo programs or other measures established under section 13 apply with respect to the project lands without the agreement of the federal Minister.
Local authorityIn sections 27, 28, 110(3), 115(3), 126, 130, 220, 233(1) and 249, references to “local authority” and “local authorities” shall be read as including the First Nation and the Regional Municipality of Wood Buffalo.Band councilIn section 233(1), a reference to “council” shall be read as including the band council of the First Nation.
Reference to MinisterIn section 99(1), a reference to “Minister” shall include a reference to the federal Minister.
Agreement of federal MinisterFor the purposes of section 100(1), an order of the Minister is effective on the agreement in writing of the federal Minister.
Reports and noticesUnder sections 110(1) and (3), 115(3) and 130, reports and notices shall also be given without delay to the federal Minister.
Enforceablility of chargeIn section 216, a reference to “mortgage or other security on land” shall be read as a reference to “mortgage or other security on a leasehold interest in land”.
AR 115/1993Adaptations to the Conservation and Reclamation Regulation
Councillors cannot be inspectorsAny designation of a member of the band council of the First Nation or the council of the Regional Municipality of Wood Buffalo as an inspector has no effect with respect to the project lands.
Local authorityIn sections 4(2) and 17.1, a reference to “local authority” shall be read as including the First Nation and the Regional Municipality of Wood Buffalo.
ADAPTATIONS TO THE HISTORICAL RESOURCES ACT
Agreement of federal MinisterUnder sections 16, 19, 20, 30, 33, 34 and 37, before exercising, or giving notice of an intention to exercise, any power with respect to historic resources, archaeological resources or palaeontological resources within the project lands, the Minister must obtain the agreement of the federal Minister.
Existing rightsThe Act does not apply to affect the property in any archaeological resource or palaeontological resource within the project lands.
Property in recordsFor greater certainty, the property in any record relating to historic resources prepared by the Crown in right of Alberta is vested in the Crown in right of Alberta.
Disposition of resourcesAny regulation made under the Act respecting the sale, lease, exchange or disposition of archaeological or palaeontological resources does not apply with respect to the project lands.
ADAPTATIONS TO THE HYDRO AND ELECTRIC ENERGY ACT
Limit of applicationThe Act applies only insofar as it relates to transmission lines that are used for oil sands mining activities on the project lands.
“Public highway”In section 1(1)(l), the definition of public highway shall be read without reference to the words “owned by the Crown or a local authority”.
Approval of federal MinisterUnder section 34(2), only the federal Minister may give an approval.
Entry on landsAny regulation made under the Act with respect to entry on a person’s land without that person’s agreement does not apply with respect to the project lands.
ADAPTATIONS TO THE OIL AND GAS CONSERVATION ACT AND REGULATIONSAdaptations to the Oil and Gas Conservation Act
Agreement of federal MinisterFor the purposes of section 18(2), a direction of the Lieutenant Governor in Council is effective on the agreement in writing of the federal Minister.
Enforcement of lienIn section 103, a reference to a “debtor” shall be read as not including Her Majesty in right of Canada and the First Nation.
No order for costsUnder sections 104(3) and 105(4), the Board cannot direct that Her Majesty in right of Canada pay costs or expenses.
Enforcement of ordersUnder section 105, an enforcement action with respect to land can only be taken with respect to the leasehold interest in the project lands.
AR 151/1971Adaptations to the Oil and Gas Conservation Regulations
Alberta land surveyorIn section 2.020(3.1)(c), a reference to “an Alberta land surveyor” shall be read as a reference to “a Canada Lands Surveyor within the meaning of section 2 of the Canada Lands Surveyors Act”.
ADAPTATIONS TO THE OIL SANDS CONSERVATION ACT
Things issued by federal MinisterIn sections 9(1) and 17(a)(ii), a reference to “the Lieutenant Governor in Council” shall be read as a reference to “the Lieutenant Governor in Council or the federal Minister”.
Prior authorizationsFor the purposes of sections 10, 13 and 15, a prior authorization of the Lieutenant Governor in Council is effective on the agreement in writing of the federal Minister.
Failure to comply with ordersFor the purposes of section 14,the federal Minister also may direct that the Board conduct an inquiry relating to the compliance with a term or condition of an authorization of the Lieutenant Governor in Council, and the Board shall then comply with the procedure set out in section 14(2);whether an inquiry is directed by the Lieutenant Governor in Council or the federal Minister, the Board shall report its findings to both of them; anda direction or other order made by the Lieutenant Governor in Council under section 14(4) is effective on the agreement in writing of the federal Minister.
ADAPTATIONS TO THE PIPELINE ACT AND REGULATIONSAdaptations to the Pipeline Act
Limit of applicationThe Act applies only insofar as it relates to pipelines that are used for oil sands mining activities on the project lands.
“Road”In section 1(1)(y), the definition of road shall be read as meaning “land that is used or surveyed for use as a public road, street, lane or other public way, but does not include a highway”.
No order for costsUnder section 33(2), the Board cannot order that Her Majesty in right of Canada pay any costs.
Agreement of federal MinisterFor the purposes of section 38, an approval of the Minister of Infrastructure is effective on the agreement in writing of the federal Minister.
Local authorityIn section 39, a reference to “the local authority concerned” shall be read as a reference to “the federal Minister”.
Entry on landsAny regulation made under the Act with respect to entry on a person’s land without that person’s agreement does not apply with respect to the project lands.
AR 91/2005Adaptations to the Pipeline Regulation
Surveys ActIn section 4(1), a reference to “Surveys Act” shall be read as a reference to “Canada Lands Surveys Act”.