Contents
Whereas in accordance with paragraph 5(a) of the First Nations Commercial and Industrial Development Act 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;noteAnd 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 Act, hereby makes the annexed Fort McKay First Nation Oil Sands Regulations.
Interpretation
1Definitions#
(1)The following definitions apply in these Regulations.
federal Minister means the Minister of Indigenous Services. (ministre fédéral)
First Nation means the Fort McKay First Nation. (Première Nation)
incorporated laws means the laws of Alberta specified in Schedule 1, as amended from time to time, with the adaptations specified in Schedule 2. (texte législatif incorporé)
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 3381.48 hectares (8355.8 acres) more or less and more particularly described as follows:
(a)Lot 1, Block 1 1304.11 ha (3222.5 ac);
(b)Lot 1, Block 2 830.57 ha (2052.4 ac);
(c)Lot 2, Block 2 1109.11 ha (2740.7 ac); and
(d)Lot 3, Block 2 137.69 ha (340.2 ac). (terres du projet)
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)
(2)The incorporated laws that apply with respect to the project lands under section 3 must be interpreted in accordance with the Interpretation Act of Alberta, RSA 2000, c. I-8, as amended from time to time.
(3)For the purposes of the Interpretation Act of Alberta (RSA 2000, c. I-8), a reference to “enactment” in that Act is to be read to include the incorporated laws.
(4)For the purposes of enforcing these Regulations, a reference to “enactment” in provincial offences procedures laws is to be read to include the incorporated laws.
Purpose
2Purpose#
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
3Incorporation by reference#
(1)Subject to subsection (2), the incorporated laws apply with respect to the project lands.
(2)A provision of an incorporated law applies only if it is in force.
note
4Interpretation#
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
5Council of First Nation#
The First Nation shall act through its band council in respect of any power, duty or function of the First Nation under these Regulations.
6Exclusion of Indian Oil and Gas Act#
The Indian Oil and Gas Act does not apply with respect to the project lands.
7Prevalence of these Regulations#
These Regulations prevail over all regulations made under the Indian Act, to the extent of any conflict or inconsistency between them.
Coming into Force
Schedule 1 · Incorporated Laws (Subsection 1(1) and section 4)
1 Administrative Procedures and Jurisdiction Act, RSA 2000, c. A-3, and the regulations made under it2 Alberta Utilities Commission Act, SA 2007, c. A-37.2, and the regulations made under it3 Environmental Protection and Enhancement Act, RSA 2000, c. E-12, and the regulations made under it, except the following:(a) sections 3 and 21 to 24, clauses 53(b) and (c), sections 54, 55 and 64, subclause 134(f)(iv) and sections 144, 183 to 186 and 224 of the Act;(b) Emissions Trading Regulation, AR 33/2006;(c) Forest Resources Improvement Regulation, AR 152/1997;(d) Mercury Emissions from Coal-fired Power Plants Regulation, AR 34/2006;(e) subsection 4(1.1) of the Oil Sands Environmental Monitoring Program Regulation, AR 226/2013; and(f) subsection 2(2) of the Pesticide Sales, Handling, Use and Application Regulation, AR 24/19974 Geothermal Resource Development Act, SA 2020, c. G-5.5, and the regulations made under it5 Historical Resources Act, RSA 2000, c. H-9, and the regulations made under it, except the following:(a) clause 20(6)(c), subsection 20(7), clause 20(15)(c), subsection 20(16), sections 22 and 24 to 29, subsection 32(1) and section 53 of the Act;(b) 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; and(c) Dispositions (Ministerial) Regulation, AR 101/19986 Hydro and Electric Energy Act, RSA 2000, c. H-16, and the regulations made under it, except clause 37(1)(b) of the Act7 Oil and Gas Conservation Act, RSA 2000, c. O-6, and the regulations made under it8 Oil Sands Conservation Act, RSA 2000, c. O-7, and the regulations made under it9 Pipeline Act, RSA 2000, c. P-15, and the regulations made under it, except section 40 of the Act10 Responsible Energy Development Act, SA 2012, c. R-17.3, and the regulations made under it, except the following:(a) sections 62 to 66 of the Act; and(b) Enforcement of Private Surface Agreement Rules, AR 204/201311 Safety Codes Act, RSA 2000, c. S-1, and the regulations made under it, except section 3 and subsections 47(4) and 55(2) of the Act
Schedule 2 · Adaptations (Subsection 1(1) and section 4)
1Interpretation in French version#
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.
2Interpretation of incorporated laws#
Incorporated laws are to be read without reference to provisions authorizing any person, provincial official or provincial body to expropriate any interest in lands.
3Fee or charge#
Any obligation to pay a fee or charge under any incorporated law does not apply to His Majesty in right of Canada.
4No liability of His Majesty#
(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.
(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.
(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.
5Financial requirements under lease#
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.
6Limitation on searches and inspections#
(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.
(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.
7Person indebted#
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.
8Person responsible#
A reference to “person responsible” under any incorporated law does not include His Majesty in right of Canada.
9Surface Rights Act exclusions#
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.
10Public Lands Act exclusions#
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.
11Emergency response plan#
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.
12Statutory power#
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.
14Affecting rights#
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.
15Person#
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.
16Entitled to file#
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.
17Costs — His Majesty#
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.
18Registered order — lien#
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”.
19Definitions#
The following definitions apply in this Part:
Regulation means the Conservation and Reclamation Regulation of Alberta, AR 115/1993. (Règlement)
20Person directly affected#
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.
21Person responsible#
A reference to “person responsible” or “person responsible for the contaminated site” in the Act is to be read as excluding the First Nation.
22Programs for use of economic instruments#
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.
23Local authority#
(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.
(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.
24Reference to Minister#
The reference to “Minister” in subsection 99(1) of the Act is to read as including a reference to the federal Minister.
25Effective on agreement#
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.
26Reports and notices#
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.
27Enforceablility of charge#
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”.
28Inspectors#
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.
29Local authority#
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.
30Exclusion#
(1)Section 24 of the Regulation is to be read without clause (2)(b) or subsection (4) or (7).
(2)A reference to subsection 24(4) of the Regulation is to be read as a reference to subsection 24(3).
(3)Subsection 24(3) of the Regulation is to be read as follows:
(4)The reference to “Minister” in subsection 24(5) of the Regulation is to be read as a reference to “Alberta Energy Regulator”.
32Approval#
An order or direction of the Regulator made under section 5 of the Act must also be approved by the federal Minister.
33Inquiry, examination or investigation#
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.
34Costs — His Majesty#
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.
35Enforcement of lien#
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”.
36Entry on land#
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.
38Agreement of federal Minister#
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.
39Existing rights#
The Act does not apply to affect the property in any archaeological resource or palaeontological resource within the project lands.
40Property in records#
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.
41Disposition of resources#
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.
43Application#
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.
44Public highway#
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”.
45Approval of federal Minister#
Only the federal Minister or the First Nation may give an approval under subsection 34(2) of the Act.
46Entry on land#
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.
48Effective on agreement#
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.
49Enforcement of lien#
A reference to a “debtor” in section 103 of the Act does not include His Majesty in right of Canada or the First Nation.
50Costs — His Majesty#
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.
51Enforcement of orders#
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.
52Alberta Land Surveyor#
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.
54Lieutenant Governor in Council#
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.
55Failure to comply with orders#
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.
56Notice#
(1)The notice under clause 15(3)(a) of the Act to rectify a default must also be given to the First Nation.
(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.
57Scheme — project lands#
(1)A scheme referred to in section 18 of the Act cannot include lands that are not entirely within the project lands.
(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.
59Application#
The Act applies to pipelines that are used for, or in connection with, oil sands mining activities on the project lands.
60Road#
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.
61Costs — His Majesty#
The Regulator cannot order that His Majesty in right of Canada pay any costs under subsection 33(2) of the Act.
62Report#
A report under subsection 35(5) of the Act must also immediately be given to the federal Minister and the First Nation.
63Effective on agreement#
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.
64Local authority#
A reference to “the local authority concerned” in section 39 of the Act is to be read as a reference to the First Nation.
65Entry on land#
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.
66Surveys Act#
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.
68Limited incorporation#
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.
69Landowners#
The reference to “landowners” in section 15 of the Act is to be read to include the First Nation.
70Crown#
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”.
71Person affected#
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.
72Notice#
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.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.