Regulations Amending the Fort McKay First Nation Oil Sands Regulations (SOR/2023-280)

PART 1Adaptations Applicable to Incorporated Laws

• Marginal note:Interpretation in French version

  1 An English term that is printed in a combination of parentheses and quotation marks in a provision of the French version of this Schedule is defined in the law that is adapted by that provision.

• Marginal note:Interpretation of incorporated laws

  2 Incorporated laws are to be read without reference to provisions authorizing any person, provincial official or provincial body to expropriate any interest in lands.

• Marginal note:Fee or charge

  3 Any obligation to pay a fee or charge under any incorporated law does not apply to His Majesty in right of Canada.

• Marginal note:No liability of His Majesty

  • 4 (1) Any obligation or liability of an owner or a registered owner of land, buildings, structures or fixtures under any incorporated law does not apply to His Majesty in right of Canada.

  • Marginal note:Approval of owner

    (2) If a consent, authorization or other approval of an owner or a registered owner of land is required under any incorporated law, it may only be given by the First Nation.

  • Marginal note:Notice to federal Minister and First Nation

    (3) If a notice or document is required to be given to an owner or a registered owner of land under any incorporated law, it must be given to both the federal Minister and the First Nation.

• Marginal note:Financial requirements under lease

  5 If the incorporated laws require a cash deposit or other financial security to be given, this requirement applies in addition to any other requirements that may apply to the project lands in relation to cash deposits or other financial security.

• Marginal note:Limitation on searches and inspections

  • 6 (1) A power to search or make inspections under an incorporated law, including the power to enter a place, does not include a power to enter or search a federal government office, or to inspect anything in that office, without the consent of the person who is or appears to be in charge of that office.

  • Marginal note:Limitation on production of documents

    (2) A power to seize, remove or compel the production of documents under an incorporated law does not include a power to seize, remove or compel the production of a document in the possession of the federal government without the consent of the person in possession of the document.

• Marginal note:Person indebted

  7 A reference to “person who is indebted to the Government” or “person who is indebted to the Crown” under any incorporated law is to be read as to include a reference to a person who is indebted to the Government of Alberta, the Crown in right of Alberta, His Majesty in right of Canada or the First Nation.

• Marginal note:Person responsible

  8 A reference to “person responsible” under any incorporated law does not include His Majesty in right of Canada.

• Marginal note:Surface Rights Act exclusions

  9 Any provision referring to the Surface Rights Act of Alberta, RSA 2000, c. S-24, or to rights under that Act does not apply with respect to the project lands.

• Marginal note:Public Lands Act exclusions

  10 Any provision referring to the Public Lands Act of Alberta, RSA 2000, c. P-40, or to rights under that Act does not apply with respect to the project lands.

• Marginal note:Emergency response plan

  11 Where an emergency response plan is required to be filed, submitted or otherwise made available to any person or body under any incorporated law, the person having the obligation to do so must, without delay,

  • (a) provide confirmation to the federal Minister and the First Nation that the obligation has been met; and

  • (b) if requested, provide a copy of the plan to the federal Minister and the First Nation.

PART 2Adaptations to the Administrative Procedures and Jurisdiction Act of Alberta

• Marginal note:Statutory power

  12 A reference to “statute” in the definition statutory power in clause 1(c) of the Administrative Procedures and Jurisdiction Act of Alberta, RSA 2000, c. A-3, is to be read as including a reference to any statute of Alberta that applies with respect to the project lands by virtue of these Regulations.

PART 3Adaptations to the Alberta Utilities Commission Act

• Definition of Act

  13 In this Part, Act means the Alberta Utilities Commission Act, SA 2007, c. A-37.2.

• Marginal note:Affecting rights

  14 A Commission decision or order specific to the project lands referred to in section 9 of the Act is deemed to directly and adversely affect the rights of the federal Minister and the First Nation.

• Marginal note:Person

  15 A reference to “person” in sections 9 and 10 and in subsection 24(2) of the Act includes the federal Minister and the First Nation.

• Marginal note:Entitled to file

  16 The federal Minister and the First Nation are deemed to be persons entitled to file applications for the purposes of section 10 and subsection 24(2) of the Act.

• Marginal note:Costs — His Majesty

  17 The Commission cannot direct that His Majesty in right of Canada pay any costs, money, expenses or penalties under sections 21 and 25 of the Act.

• Marginal note:Registered order — lien

  18 In subsection 26(2) of the Act, the reference to “interest in land” is to be read as a reference to “leasehold interest in land”.

PART 4Adaptations to the Environmental Protection and Enhancement Act of Alberta and to the Regulations Made Under It

• Marginal note:Definitions

  19 The following definitions apply in this Part:

  Act

  Act means the Environmental Protection and Enhancement Act of Alberta, RSA 2000, c. E-12.  (Loi)

  Regulation

  Regulation means the Conservation and Reclamation Regulation of Alberta, AR 115/1993. (Règlement)

DIVISION 1Adaptations to the Environmental Protection and Enhancement Act of Alberta

• Marginal note:Person directly affected

  20 A reference to “any person who is directly affected” in the Act is to be read as including the federal Minister and the First Nation.

• Marginal note:Person responsible

  21 A reference to “person responsible” or “person responsible for the contaminated site” in the Act is to be read as excluding the First Nation.

• Marginal note:Programs for use of economic instruments

  22 No programs or other measures established under section 13 of the Act apply with respect to the project lands without the agreement of the federal Minister and the First Nation.

• Marginal note:Local authority

  • 23 (1) A reference to “local authority” in sections 27 and 28, subsections 110(3) and 115(3), sections 126, 130 and 220, subsection 233(1) and section 249 of the Act is to be read as including the First Nation and the Regional Municipality of Wood Buffalo.

  • Marginal note:Band council

    (2) A reference to “council” in subsection 233(1) of the Act is to be read as including the band council of the First Nation.

• Marginal note:Reference to Minister

  24 The reference to “Minister” in subsection 99(1) of the Act is to read as including a reference to the federal Minister.

• Marginal note:Effective on agreement

  25 For the purposes of subsection 100(1) of the Act, an order of the Minister is effective on the agreement in writing of the federal Minister.

• Marginal note:Reports and notices

  26 A report or notice required under subsection 110(1), 110(3) or 115(3) or section 130 of the Act is to also be given without delay to the federal Minister and to the First Nation.

• Marginal note:Enforceablility of charge

  27 The reference to “mortgage or other security on land” in section 216 of the Act, is to be read as a reference to “mortgage or other security on a leasehold interest in land”.

DIVISION 2Adaptations to the Conservation and Reclamation Regulation of Alberta

• Marginal note:Inspectors

  28 Any 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 under the Regulation has no effect with respect to the project lands.

• Marginal note:Local authority

  29 A reference to “local authority” in subsection 4(2) and in section 17.1 of the Regulation is to be read as including the First Nation and the Regional Municipality of Wood Buffalo.

• Marginal note:Exclusion

  • 30 (1) Section 24 of the Regulation is to be read without clause (2)(b) or subsection (4) or (7).

  • Marginal note:Replacement of reference

    (2) A reference to subsection 24(4) of the Regulation is to be read as a reference to subsection 24(3).

  • Marginal note:Adaptation to subsection 24(3)

    (3) Subsection 24(3) of the Regulation is to be read as follows:

    • (3) The Alberta Energy Regulator shall use security forfeited under subsection (1) to carry out the conservation and reclamation of the specified land in accordance with the Act and the regulations.

  • Marginal note:Adaptation to subsection 24(5)

    (4) The reference to “Minister” in subsection 24(5) of the Regulation is to be read as a reference to “Alberta Energy Regulator”.

PART 5Adaptations to the Geothermal Resource Development Act of Alberta

• Definition of Act

  31 In this Part, Act means the Geothermal Resource Development Act of Alberta, SA 2020, c. G-5.5.

• Marginal note:Approval

  32 An order or direction of the Regulator made under section 5 of the Act must also be approved by the federal Minister.

• Marginal note:Inquiry, examination or investigation

  33 For the purposes of section 11 of the Act,

  • (a) the federal Minister or the First Nation may also require the Regulator to inquire into, examine or investigate any matter related to the purpose of the Act referred to in section 3 of the Act; and

  • (b) if an inquiry, examination or investigation is required by the Lieutenant Governor in Council of Alberta, the federal Minister or the First Nation, the Regulator must report its findings to both the federal Minister and the First Nation.

• Marginal note:Costs — His Majesty

  34 The Regulator cannot direct that His Majesty in right of Canada pay costs or expenses under section 17 or subsection 21(3) or 24(4) of the Act.

• Marginal note:Enforcement of lien

  35 The reference to “interests in land” in subsection 23(2) of the Act is to be read as a reference to “leasehold interests in land”.

• Marginal note:Entry on land

  36 Any regulation made under the Act with respect to entry on a person’s land without the person’s agreement does not apply with respect to the project lands.

PART 6Adaptations to the Historical Resources Act of Alberta

• Definition of Act

  37 In this Part, Act means the Historical Resources Act of Alberta, RSA 2000, c. H-9.

• Marginal note:Agreement of federal Minister

  38 Before exercising, or giving notice of an intention to exercise, any power with respect to historic resources, archaeological resources or palaeontological resources under sections 16, 20, 30, 33, 34 and 37 of the Act within the project lands, the Minister must obtain the agreement of the federal Minister and the First Nation.

• Marginal note:Existing rights

  39 The Act does not apply to affect the property in any archaeological resource or palaeontological resource within the project lands.

• Marginal note:Property in records

  40 For 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.

• Marginal note:Disposition of resources

  41 Any regulation made under the Act respecting the sale, lease, exchange or disposition of archaeological resources or palaeontological resources does not apply with respect to the project lands.

PART 7Adaptations to the Hydro and Electric Energy Act of Alberta

• Definition of Act

  42 In this Part, Act means the Hydro and Electric Energy Act of Alberta, RSA 2000, c. H-16.

• Marginal note:Application

  43 The Act applies to

  • (a) transmission lines that are used for oil sands mining activities on the project lands; and

  • (b) power plants on the project lands.

• Marginal note:Public highway

  44 The definition public highway in clause 1(1)(l) of the Act is to be read without reference to the words “owned by the Crown or a local authority”.

• Marginal note:Approval of federal Minister

  45 Only the federal Minister or the First Nation may give an approval under subsection 34(2) of the Act.

• Marginal note:Entry on land

  46 Any 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.

PART 8Adaptations to the Oil and Gas Conservation Act of Alberta and to the Regulations Made Under It

• Definition of Act

  47 In this Part, Act means the Oil and Gas Conservation Act of Alberta, RSA 2000, c. O-6.

DIVISION 1Adaptations to the Oil and Gas Conservation Act of Alberta

• Marginal note:Effective on agreement

  48 For the purposes of subsection 18(2) of the Act, a direction of the Lieutenant Governor in Council of Alberta is effective on the agreement in writing of both the federal Minister and the First Nation.

• Marginal note:Enforcement of lien

  49 A reference to a “debtor” in section 103 of the Act does not include His Majesty in right of Canada or the First Nation.

• Marginal note:Costs — His Majesty

  50 The Regulator cannot direct that His Majesty in right of Canada pay costs or expenses under subsection 104(3) or 105(4) of the Act.

• Marginal note:Enforcement of orders

  51 An enforcement action under section 105 of the Act with respect to land can only be taken with respect to the leasehold interest in the project lands.

DIVISION 2Adaptations to the Oil and Gas Conservation Rules of Alberta

• Marginal note:Alberta Land Surveyor

  52 A reference to “Alberta Land Surveyor” in clause 2.020(3.1)(c) of the of Alberta, AR 151/1971, is to be read as a reference to a Canada Lands Surveyor as defined in section 2 of the Canada Lands Surveyors Act.

PART 9Adaptations to the Oil Sands Conservation Act of Alberta

• Definition of Act

  53 In this Part, Act means the Oil Sands Conservation Act of Alberta, RSA 2000, c. O-7.

• Marginal note:Lieutenant Governor in Council

  54 A reference to “the Lieutenant Governor in Council” in subsection 9(1) and in sub-clause 17(a)(ii) of the Act is to be read as a reference to the Lieutenant Governor in Council of Alberta, the federal Minister or the First Nation.

• Marginal note:Failure to comply with orders

  55 For the purposes of section 14 of the Act,

  • (a) the federal Minister may direct that the Regulator conduct an inquiry relating to the compliance with a term or condition of an authorization of the Lieutenant Governor in Council of Alberta, and the Regulator must then comply with the procedure set out in subsection 14(2) of the Act;

  • (b) if an inquiry is directed by the Lieutenant Governor in Council of Alberta or the federal Minister, the Regulator must report its findings to both of them; and

  • (c) a direction or other order made by the Lieutenant Governor in Council of Alberta under subsection 14(4) of the Act is effective on the agreement in writing of the federal Minister.

• Marginal note:Notice

  • 56 (1) The notice under clause 15(3)(a) of the Act to rectify a default must also be given to the First Nation.

  • Marginal note:Notice and opportunity to be heard

    (2) The notice and the opportunity to be heard under clause 15(3)(b) of the Act must also be given to the First Nation.

• Marginal note:Scheme — project lands

  • 57 (1) A scheme referred to in section 18 of the Act cannot include lands that are not entirely within the project lands.

  • Marginal note:Effective on agreement

    (2) For the purposes of section 18 of the Act, a scheme is effective on the agreement in writing of both the federal Minister and the First Nation.

PART 10Adaptations to the Pipeline Act of Alberta and to the Regulations Made Under It

• Definition of Act

  58 In this Part, Act means the Pipeline Act of Alberta, RSA 2000, c. P-15.

DIVISION 1Adaptations to the Pipeline Act

• Marginal note:Application

  59 The Act applies to pipelines that are used for, or in connection with, oil sands mining activities on the project lands.

• Marginal note:Road

  60 The definition road in clause 1(1)(y) of the Act is to 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.

• Marginal note:Costs — His Majesty

  61 The Regulator cannot order that His Majesty in right of Canada pay any costs under subsection 33(2) of the Act.

• Marginal note:Report

  62 A report under subsection 35(5) of the Act must also immediately be given to the federal Minister and the First Nation.

• Marginal note:Effective on agreement

  63 For the purposes of section 38 of the Act, an approval of the Minister set out in the section is effective on the agreement in writing of the First Nation.

• Marginal note:Local authority

  64 A reference to “the local authority concerned” in section 39 of the Act is to be read as a reference to the First Nation.

• Marginal note:Entry on land

  65 Any 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.

DIVISION 2Adaptations to the Pipeline Rules of Alberta

• Marginal note:Surveys Act

  66 The reference to “Surveys Act” in subsection 4(1) of the Pipeline Rules of Alberta, AR 91/2005 is to be read as a reference to the Canada Lands Surveys Act.

PART 11Adaptations to the Responsible Energy Development Act of Alberta and to the Regulations Made Under It

• Definition of Act

  67 In this Part, Act means the Responsible Energy Development Act of Alberta, SA 2012, c. R-17.3.

• Marginal note:Limited incorporation

  68 With respect to the acts and regulations listed in the definitions energy resource enactment and specified enactment in subsection 1(1) of the Act, only those that are expressly set out in Schedule 1 of these Regulations are incorporated under these Regulations.

• Marginal note:Landowners

  69 The reference to “landowners” in section 15 of the Act is to be read to include the First Nation.

• Marginal note:Crown

  70 A reference to “Crown” in subsection 50(3) of the Act is to be read as including a reference to “Crown in right of Canada”.

• Marginal note:Person affected

  71 Any reference to “person who may be directly and adversely affected” or “person who is directly and adversely affected” or “person who believes that the person may be directly and adversely affected” in the Act or in the regulations made under it is to be read as including the federal Minister and the First Nation.

PART 12Adaptations to the Safety Codes Act of Alberta

• Marginal note:Notice

  72 A written notice under clauses 55(1)(b) and 56(1)(b) of the Safety Codes Act of Alberta, RSA 2000, c. S-1, must be given to the First Nation.