Fort William First Nation Sawmill Regulations

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Fort William First Nation Sawmill Regulations

SOR/2011-86FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT
Registration 2011-03-25
Fort William First Nation Sawmill Regulations
P.C. 2011-449 2011-03-25Whereas in accordance with paragraph 5(a) of the First Nations Commercial and Industrial Development ActFootnote a the Minister of Indian Affairs and Northern Development has received a resolution of the council of the Fort William First Nation requesting that the Minister recommend to the Governor in Council the making of the annexed Fort William First Nation Sawmill Regulations;
And whereas in accordance with paragraph 5(b) of that Act an agreement has been concluded between the Minister, the Province of Ontario and the council of the Fort William First Nation for the administration and enforcement of the Regulations by the provincial officials and bodies specified in the Regulations;
Therefore, His 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 William First Nation Sawmill Regulations.
Return to footnote aS.C. 2005, c. 53Interpretation

Marginal note:Definitions

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

incorporated laws
textes incorporés

incorporated laws means the laws of Ontario specified in Schedule 1, as amended from time to time. (textes incorporés)

project lands
terres du projet

project lands means all those parcels or tracts of land in the Province of Ontario being part of the Fort William Indian Reserve No. 52 and being part of the Lands Patented to the Grand Trunk Pacific Railway Co., City of Thunder Bay, District of Thunder Bay, designated as parts 7, 11, 19, 27, 28, 29, 30 and 32 on Reference Plan 55R-11689 (CLSR 86142). (terres du projet)

Marginal note:Successors

(2) A reference to the Fort William First Nation, LP shall be read as including any of its successors, any other person or entity to whom the Fort William First Nation, LP assigns a lease of the project lands, or any other person or entity with which the Government of Canada enters into a lease of the project lands.

Marginal note:Provincial interpretation

(3) The incorporated laws, as adapted by Schedule 2, shall be interpreted in accordance with the Legislation Act, 2006 (S.O. 2006, c. 21, Schedule F), as amended from time to time.

Application

Marginal note:Incorporation by reference

2 The incorporated laws, with the adaptations set out in Schedule 2, apply with respect to the project lands.

Marginal note:Fees

3 Fees, costs or other charges payable under an incorporated law shall be paid to the person or body specified in that law.

Marginal note:Interpretation

4 For greater certainty,

(a) a person or body that has a power, duty or function under the incorporated laws has the same power, duty or function under these Regulations, subject to the adaptations specified in Schedule 2;
(b) an official who is appointed or designated, or a body, fund, program, registry or index record that is established, under the incorporated laws is deemed to have been appointed, designated or established for the purposes of these Regulations;
(c) 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;
(d) any regulation made under the authority of a provision or regulation that is excepted from incorporation by reference in Schedule 1 is also excepted from incorporation by reference in these Regulations;
(e) a reference in an incorporated law, or in any notice, form, instrument or other document issued under an incorporated law, to a law (including any provision of one) of Ontario incorporated in these Regulations shall be read as a reference to that law as adapted by these Regulations;
(f) a reference to an incorporated law or a provision of one shall be read as a reference to the law or provision as amended from time to time; and
(g) an incorporated law or a provision of one applies only if it is in force as a law of Ontario.

Marginal note:Offence proceedings

5 (1) The Provincial Offences Act (R.S.O. 1990, c. P.33), any regulations made under that Act, any Act of Ontario referred to in that Act or its regulations relating to proceedings in respect of offences under a law of Ontario, and the applicable rules of court under the Courts of Justice Act (R.S.O. 1990, c. C.43), all as amended from time to time, apply in respect of alleged offences under these Regulations.

Marginal note:References in documents

(2) A reference to these Regulations may be made in any notice, form or other document issued with respect to a proceeding concerning an alleged offence under these Regulations, but the absence of such a reference does not affect the validity of a proceeding concerning that offence.

Marginal note:References to laws

(3) In any notice, form or other document issued with respect to a proceeding concerning an alleged offence under these Regulations, a reference to a law of Ontario or a provision of one incorporated in these Regulations shall be read as a reference to that law or provision as adapted by these Regulations.

Excluded Regulations

Marginal note:Exclusion

6 The Indian Reserve Waste Disposal Regulations do not apply with respect to the project lands.

Coming into Force

Marginal note:Coming into force

*7 These Regulations come into force on the setting apart by the Governor General in Council of the project lands as reserve lands, which takes effect on registration of the Transfer/Deed of Land by which the project lands are acquired by the Minister of Indian Affairs and Northern Development, on behalf of Her Majesty in right of Canada, from the Fort William First Nation Development Corp.
Return to footnote *[Note: Regulations in force June 30, 2011.]

SCHEDULE 1(Subsection 1(1) and paragraphs 4(c) and (d))Incorporated Laws

Statutes and Regulations

Clean Water Act, 2006 (S.O. 2006, c. 22) and the regulations made under it, except the following:
– section 26, subsections 34(2) and 36(8), sections 39 to 42, 47 and 48, subsections 49(2) and (3), section 50, subsection 55(4), section 69, subsection 99(3) and sections 104 and 112 to 117 of the Act
Conservation Authorities Act (R.S.O. 1990, c. C.27) and the regulations made under it, except the following:

– sections 2 to 27, clauses 28(1)(a) and (b), subsection 28(2) and sections 29, 30 and 31 to 39 of the Act
– any regulations that apply only to lands of which no part is within the project lands

Crown Forest Sustainability Act, 1994 (S.O. 1994, c. 25) and the regulations made under it, except the following:

– sections 1, 2, 4 to 51 and 55 to 57, clauses 58(1)(a) to (d) and (f) and sections 59, 65, 68 and 70 to 77 of the Act
– Independent Forest Audits (O. Reg. 160/04)

Environmental Assessment Act (R.S.O. 1990, c. E.18) and the regulations made under it, except the following:

– section 4 and subsection 32(2) of the Act
– any regulations that apply only to lands of which no part is within the project lands

Environmental Bill of Rights, 1993 (S.O. 1993, c. 28) and the regulations made under it, except the following:
– subsection 2(3), sections 3, 5, 7 to 11, 14 to 21, 36 and 49 to 60, subsection 119(2) and section 120 of the Act
Environmental Protection Act (R.S.O. 1990, c. E.19) and the regulations made under it, except the following:

– clauses 4(1)(b) to (l), subsection 4(2), section 20, subsection 27(2), sections 29, 36, 87, 114, 121, 154, 168.1 to 168.9, 168.12 to 168.16 and 169 to 171, clauses 176(10)(f), (g) and (m) and subsections 180(2), 181.1(1) and 197(4) and (8) of the Act
– Cessation of Coal Use — Atikokan, Lambton, Nanticoke and Thunder Bay Generating Stations (O. Reg. 496/07)
– Classes of Contaminants — Exemptions (R.R.O. 1990, Reg. 339)
– Containers (R.R.O. 1990, Reg. 340)
– Deep Well Disposal (R.R.O. 1990, Reg. 341)
– Designation of Waste (R.R.O. 1990, Reg. 342)
– Discharge of Sewage from Pleasure Boats (R.R.O. 1990, Reg. 343)
– Disposable Containers for Milk (R.R.O. 1990, Reg. 344)
– Disposable Paper Containers for Milk (R.R.O. 1990, Reg. 345)
– Dry Cleaners (O. Reg. 323/94)
– Effluent Monitoring and Effluent Limits — Metal Mining Sector (O. Reg. 560/94)
– Effluent Monitoring and Effluent Limits — Electric Power Generation Sector (O. Reg. 215/95)
– Effluent Monitoring and Effluent Limits — Industrial Minerals Sector (O. Reg. 561/94)
– Effluent Monitoring and Effluent Limits — Inorganic Chemical Sector (O. Reg. 64/95)
– Effluent Monitoring and Effluent Limits — Iron and Steel Manufacturing Sector (O. Reg. 214/95)
– Effluent Monitoring and Effluent Limits — Metal Casting Sector (O. Reg. 562/94)
– Effluent Monitoring and Effluent Limits — Organic Chemical Manufacturing Sector (O. Reg. 63/95)
– Effluent Monitoring and Effluent Limits — Petroleum Sector (O. Reg. 537/93)
– Effluent Monitoring and Effluent Limits — Pulp and Paper Sector (O. Reg. 760/93)
– Ethanol in Gasoline (O. Reg. 535/05)
– Exemption — Deloro Mine Site (O. Reg. 577/98)
– Exemption — General Electric Canada Inc. and Eli Eco Logic International Inc. (O. Reg. 43/97)
– Exemption — Prospectors (O. Reg. 504/95)
– Gasoline Volatility (O. Reg. 271/91)
– Hot Mix Asphalt Facilities (R.R.O. 1990, Reg. 349)
– Lakeview Generating Station (O. Reg. 396/01)
– Lambton Industry Meteorological Alert (R.R.O. 1990, Reg. 350)
– Landfilling Sites (O. Reg. 232/98)
– Marinas (R.R.O. 1990, Reg. 351)
– Municipal Sewage and Water and Roads Class Environmental Assessment Project (R.R.O. 1990, Reg. 354)
– Ontario Power Generation Inc. (O. Reg. 153/99)
– Plasco Demonstration Project (O. Reg. 254/06)
– Records of Site Condition — Part XV.1 of the Act (O. Reg. 153/04)
– Recovery of Gasoline Vapour in Bulk Transfers (O. Reg. 455/94)
– Recycling and Composting of Municipal Waste (O. Reg. 101/94)
– Refillable Containers for Carbonated Soft Drink (R.R.O. 1990, Reg. 357)
– Sterilants (O. Reg. 718/94)
– Sulphur Content of Fuels (R.R.O. 1990, Reg. 361)
– Transfer of Containers to Brewers Retail Inc. and Others (O. Reg. 17/07)
– Transitional Provisions Relating to the Repeal of Part VIII of the Act (O. Reg. 156/98)

Fire Protection and Prevention Act, 1997 (S.O. 1997, c. 4) and the regulations made under it, except the following:

– subsections 1(3) to (5), sections 2 to 5, subsections 6(1) to (4), sections 7, 7.1, 38 to 57 and 59 to 73 and subsection 74(2) of the Act
– Appointment of Arbitrators and Conciliation Officers (O. Reg. 407/97)

Lakes and Rivers Improvement Act (R.S.O. 1990, c. L.3) and the regulations made under it, except the following:

– clauses 3(1)(a) and (c) to (e), subsection 3(2), sections 4 to 6, 9 and 13 to 19, subsection 20(3), sections 22 to 23.1, clauses 28(1)(a) to (b.2) and (2)(b) and (c) and sections 29 and 89 to 93 of the Act
– Construction (O. Reg. 454/96)

Ontario Water Resources Act (R.S.O. 1990, c. O.40) and the regulations made under it, except the following:

– sections 2, 3 and 7 to 9, subsection 10(1), sections 11, 12, 14, 26, 27, 54, 55, 58, 62 to 74, 88, 89.1 to 89.3 and 89.6 to 89.8 and subsections 93(2) and 103(4) and (8) of the Act
– Additonal Charges (O. Reg. 157/93)
– Exemption — City of Detroit (O. Reg. 128/09)
– Lake Simcoe Protection (O. Reg. 60/08)
– Municipal Sewage and Water and Roads Class Environmental Assessment Projects (R.R.O. 1990, Reg. 900)
– Sewage Works Subject to Approval Under the Environmental Assessment Act (O. Reg. 207/97)
– Transitional Provisions Relating to the Repeal of Part VIII of the Environmental Protection Act (O. Reg. 155/98)

Pesticides Act (R.S.O. 1990, c. P.11) and the regulations made under it, except the following:
– clauses 2(b) to (h), subsection 16(2) and sections 31.3, 32 and 53 of the Act
Toxics Reduction Act (S.O. 2009, c. 19) and the regulations made under it.
Other Instruments

Forest Resource Processing Facility Licence No. 2590–07, dated June 26, 2007, issued under section 54 of the Crown Forest Sustainability Act, 1994 (S.O. 1994, c. 25)
Certificate of Approval No. 0117-76ZMQZ, dated October 14, 2007, issued under section 9 of the Environmental Protection Act (R.S.O. 1990, c. E.19)
Certificate of Approval No. 5067-6R6N9N, dated February 3, 2008, issued under section 9 of the Environmental Protection Act (R.S.O. 1990, c. E.19)
Minister’s Requirement for Hazardous Waste Fees, dated December 18, 2001, made under section 179.1 of the Environmental Protection Act (R.S.O. 1990, c. E.19)
Amended Certificate of Approval No. 3377-5N5QPH, dated June 4, 2003, issued under section 53 of the Ontario Water Resources Act (R.S.O. 1990, c. O.40)
Minister’s Requirement for Fees (Application Fees for Permits to Take Water under section 34 of the Ontario Water Resources Act, R.S.O. 1990, c. O.40), dated August 28, 2007, made under section 96 of the Ontario Water Resources Act (R.S.O. 1990, c. O.40)
Minister’s Requirement for Fees (Licensing of Sewage Works Operators, O. Reg. 129/04), dated March 31, 2009, made under section 96 of the Ontario Water Resources Act (R.S.O. 1990, c. O.40)

SCHEDULE 2(Subsection 1(3), section 2 and paragraphs 4(a) and (c))Adaptations

PART 1 Adaptations Applicable to All Incorporated Laws

Marginal note:Owner

1 A reference to an owner, in relation to the project lands, shall be read as including the Fort William First Nation, LP.

Marginal note:Exclusion

2 A reference to an owner or to any other person or entity does not include Her Majesty in right of Canada or an official of the Government of Canada.

Marginal note:Limitation on inspections

3 (1) A power to make inspections, including the power to enter a place, does not include a power to enter, or inspect anything in, a federal government office, or to enter any place or inspect anything in the possession of the Fort William First Nation.

Marginal note:Exception

(2) Subsection (1) does not preclude the entry into any place occupied by, or the inspection of anything in the possession of, the Fort William First Nation, LP.

Marginal note:Fire chief

4 The fire chief appointed by the Council of the City of Thunder Bay under section 6 of the Fire Protection and Prevention Act, 1997 (S.O. 1997, c. 4), is deemed to have also been appointed as a fire chief for the purposes of the incorporated laws.

PART 2 Adaptations to the Clean Water Act, 2006

Marginal note:Unorganized territory

5 Part IV of the Act applies to the project lands as if they were an unorganized territory.

Marginal note:Acquisition of land

6 In section 92, a reference to “acquire by purchase, lease or otherwise, or, subject to the Expropriations Act” shall be read as a reference to “acquire by lease or, subject to the Expropriations Act and section 35 of the Indian Act (Canada)”.

Marginal note:References to “another Act”

7 In subsection 105(1), a reference to “a provision of another Act or a regulation or instrument made, issued or otherwise created under another Act” shall be read as a reference to “a provision — incorporated by reference in these Regulations — of another Act or of a regulation or instrument made, issued or otherwise created under another Act”.

PART 3 Adaptations to the Environmental Assessment Act

Marginal note:Limit of application

8 The Act and its regulations apply only in circumstances where the Canadian Environmental Assessment Act does not apply.

PART 4 Adaptations to the Environmental Protection Act and Regulations

DIVISION 1Adaptations to the Act

Marginal note:Period of 25 years

9 In section 46, the reference to “a period of twenty-five years” shall be read as a reference to “a period equal to the remainder of the term of any lease of the project lands to the Fort William First Nation, LP or twenty-five years, whichever is shorter”.

Marginal note:Land registry office

10 In subsections 197(2) and (5), a reference to “the proper land registry office” shall be read as a reference to “the Reserve Land Register or Surrendered and Designated Lands Register, maintained by the Department of Indian Affairs and Northern Development”.

DIVISION 2Adaptations to the Air Pollution — Local Air Quality Regulations (O. Reg. 419/05)

Marginal note:Municipality

11 In subclause 34(2)(b)(iv), a reference to “each municipality in which the source of contaminant is located” shall be read as a reference to “the Fort William First Nation”.

PART 5 Adaptations to the Lakes and Rivers Improvement Act

Marginal note:Limitation on production of documents

12 In clause 20(2)(b), the power to require the production of any document or thing does not include a power to require the production of any document or thing located in a federal government office.

PART 6 Adaptations to the Ontario Water Resources Act

Marginal note:Ontario

13 In subsections 29(1) and (2), a reference to “Ontario” shall be read as a reference to “the project lands”.

Marginal note:Limitation on orders

14 Under section 61, no direction applies to Her Majesty the Queen in right of Canada or to an official of the Government of Canada.

Marginal note:Land registry office

15 In subsections 103(2) and (5), a reference to “the proper land registry office” shall be read as a reference to “the Reserve Land Register or Surrendered and Designated Lands Register, maintained by the Department of Indian Affairs and Northern Development”.