Fort McKay First Nation Oil Sands Regulations

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Fort McKay First Nation Oil Sands Regulations

SOR/2007-79FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT
Registration 2007-04-19
Fort McKay First Nation Oil Sands Regulations
P.C. 2007-583 2007-04-19Whereas in accordance with paragraph 5(a) of the First Nations Commercial and Industrial Development ActFootnote a 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;
Return to footnote aS.C. 2005, c. 53
And 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 ActFootnote a, hereby makes the annexed Fort McKay First Nation Oil Sands Regulations.Interpretation

Marginal note:Definitions

1 (1) The following definitions apply in these Regulations.

federal Minister
ministre fédéral

federal Minister means the Minister of Indian Affairs and Northern Development. (ministre fédéral)

First Nation
Première Nation

First Nation means the Fort McKay First Nation. (Première Nation)

project lands
terres du projet

project 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:

(a) Lot 1, Block 2 830.57 ha (2052.4 ac);
(b) Lot 2, Block 2 1109.11 ha (2740.7 ac); and
(c) Lot 3, Block 2 137.69 ha (340.2 ac). (terres du projet)

regulation
règlement

regulation, 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. (règlement)

Marginal note:Alberta Interpretation Act

(2) The 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

Marginal note:Purpose

2 The 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

Marginal note:Incorporation by reference

3 The 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.

Marginal note:Interpretation

4 For greater certainty,

(a) nothing in these Regulations confers any legislative power on any person or body;
(b) 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;
(c) 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;
(d) nothing in these Regulations affects the application or interpretation of agreements between Canada and Alberta regarding cooperative environmental assessments;
(e) 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; and
(f) in 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.

Marginal note:Council of First Nation

5 The First Nation shall act through its band council in respect of any power, duty or function of the First Nation under these Regulations.

Marginal note:Exclusion of Indian Oil and Gas Act

6 The Indian Oil and Gas Act does not apply with respect to the project lands.

Marginal note:Prevalence of these Regulations

7 These Regulations prevail over all regulations made under the Indian Act, to the extent of any conflict or inconsistency between them.

Marginal note:Cooperative environmental assessment

8 If, 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

Marginal note:Registration

9 These Regulations come into force on the day on which they are registered.

SCHEDULE 1(Subsection 1(1) and sections 3 and 4)

Laws of Alberta

Administrative Procedures and Jurisdiction Act (RSA 2000 cA-3) and the regulations made under it

Alberta 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 it

Oil 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 it

Pipeline Act (RSA 2000 cP-15) and the regulations made under it, except the following:

— 
section 40 of the Act

SCHEDULE 2(Subsection 1(1) and sections 3 and 4)Adaptations

PART 1Adaptations Applicable to All Laws of Alberta Specified in Schedule 1

Marginal note:Interpretation in French version

1 In 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.

Marginal note:Fee or charge

2 Any obligation to pay a fee or charge does not apply to Her Majesty in right of Canada.

Marginal note:Ownership — exclusion of Her Majesty

3 (1) Any obligation or liability of an owner of land, buildings, structures or fixtures does not apply to Her Majesty in right of Canada.

Marginal note:Approval of owner

(2) Where 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.

Marginal note:Notice to federal Minister

(3) Where 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.

Marginal note:Person indebted

4 A 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.

Marginal note:Person responsible

5 A reference to “person responsible” shall be read as excluding Her Majesty in right of Canada.

Marginal note:Surface Rights Act exclusions

6 Any 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.

Marginal note:Emergency response plan

7 Where 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 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

Statutory power
8 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.

PART 3Adaptations to the Environmental Protection and Enhancement Act and Regulations

DIVISION 1Adaptations to the Environmental Protection and Enhancement Act

Marginal note:Person directly affected

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

Marginal note:Powers respecting economic instruments

10 No programs or other measures established under section 13 apply with respect to the project lands without the agreement of the federal Minister.

Marginal note:Local authority

11 (1) In 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.

Marginal note:Band council

(2) In section 233(1), a reference to “council” shall be read as including the band council of the First Nation.

Marginal note:Reference to Minister

12 In section 99(1), a reference to “Minister” shall include a reference to the federal Minister.

Marginal note:Agreement of federal Minister

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

Marginal note:Reports and notices

14 Under sections 110(1) and (3), 115(3) and 130, reports and notices shall also be given without delay to the federal Minister.

Marginal note:Enforceablility of charge

15 In 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”.

DIVISION 2AR 115/1993Adaptations to the Conservation and Reclamation Regulation

Marginal note:Councillors cannot be inspectors

16 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 has no effect with respect to the project lands.

Marginal note:Local authority

17 In 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.

PART 4Adaptations to the Historical Resources Act

Marginal note:Agreement of federal Minister

18 Under 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.

Marginal note:Existing rights

19 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

20 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

21 Any 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.

PART 5Adaptations to the Hydro and Electric Energy Act

Marginal note:Limit of application

22 The Act applies only insofar as it relates to transmission lines that are used for oil sands mining activities on the project lands.

Public highway
23 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”.

Marginal note:Approval of federal Minister

24 Under section 34(2), only the federal Minister may give an approval.

Marginal note:Entry on lands

25 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 6Adaptations to the Oil and Gas Conservation Act and Regulations

DIVISION 1Adaptations to the Oil and Gas Conservation Act

Marginal note:Agreement of federal Minister

26 For 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.

Marginal note:Enforcement of lien

27 In section 103, a reference to a “debtor” shall be read as not including Her Majesty in right of Canada and the First Nation.

Marginal note:No order for costs

28 Under sections 104(3) and 105(4), the Board cannot direct that Her Majesty in right of Canada pay costs or expenses.

Marginal note:Enforcement of orders

29 Under section 105, an enforcement action with respect to land can only be taken with respect to the leasehold interest in the project lands.

DIVISION 2AR 151/1971Adaptations to the Oil and Gas Conservation Regulations

Marginal note:Alberta land surveyor

30 In 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”.

PART 7Adaptations to the Oil Sands Conservation Act

Marginal note:Things issued by federal Minister

31 In 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”.

Marginal note:Prior authorizations

32 For 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.

Marginal note:Failure to comply with orders

33 For the purposes of section 14,

(a) 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);
(b) 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; and
(c) a 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.

PART 8Adaptations to the Pipeline Act and Regulations

DIVISION 1Adaptations to the Pipeline Act

Marginal note:Limit of application

34 The Act applies only insofar as it relates to pipelines that are used for oil sands mining activities on the project lands.

Road
35 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”.

Marginal note:No order for costs

36 Under section 33(2), the Board cannot order that Her Majesty in right of Canada pay any costs.

Marginal note:Agreement of federal Minister

37 For the purposes of section 38, an approval of the Minister of Infrastructure is effective on the agreement in writing of the federal Minister.

Marginal note:Local authority

38 In section 39, a reference to “the local authority concerned” shall be read as a reference to “the federal Minister”.

Marginal note:Entry on lands

39 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 2AR 91/2005Adaptations to the Pipeline Regulation

Marginal note:Surveys Act

40 In section 4(1), a reference to “Surveys Act” shall be read as a reference to “Canada Lands Surveys Act”.