Black Lake First Nation Water Power Regulations

Contents

Whereas the Black Lake First Nation has requested by resolution of its council that the Minister of Indian Affairs and Northern Development recommend to the Governor in Council the making of the annexed Regulations and, in accordance with paragraph 5(1)(a) of the First Nations Commercial and Industrial Development Act, the Minister has received that resolution;^noteWhereas the Black Lake First Nation is a first nation within the meaning of the First Nations Commercial and Industrial Development Act;Whereas the purpose of the annexed Regulations is to ensure that the laws set out in Schedule 2 to the annexed Regulations apply as federal law to the project, within the limits of federal constitutional authority;Whereas the annexed Regulations specify provincial officials by whom, and provincial bodies by which, powers may be exercised or duties are to be performed;And whereas, in accordance with paragraph 5(1)(b) of the First Nations Commercial and Industrial Development Act, an agreement has been concluded between the Minister of Indian Affairs and Northern Development, the Province of Saskatchewan and the council of the Black Lake First Nation for the administration and enforcement of the annexed Regulations by those provincial officials and bodies;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 and paragraph 15(d) of the Dominion Water Power Act, makes the annexed Black Lake First Nation Water Power Regulations.^note^note

Interpretation

1Definitions#

The following definitions apply in these Regulations.

incorporated laws means the statutes and regulations of Saskatchewan, or the portions of them, that are set out in Schedule 2, as amended from time to time and as adapted by sections 13 to 34. (texte législatif incorporé)

project means the construction, modification, operation, decommissioning, reclamation and abandonment of hydroelectric facilities on the project lands and the generation of electricity from the water power available within those lands. (projet)

project lands means the lands of the Black Lake First Nation Chicken Reserve No. 224 that are set out in Schedule 1. (terres du projet)

2Provincial – The Interpretation Act, 1995#

The incorporated laws are to be interpreted in accordance with the Saskatchewan statute The Interpretation Act, 1995, S.S. 1995, c. I-11.2, as amended from time to time, and, for that purpose, references to “enactment” in that Act are to be read to include the incorporated laws.

3Other expressions#

For greater certainty, the adaptations in sections 13 to 34 are to be interpreted to be part of the incorporated laws to which they apply.

Application of Laws

4Incorporation by reference#

Subject to section 5, the incorporated laws apply to the project.

5Restriction – laws in force#

(1)A provision of an incorporated law applies only if the provision of the law of Saskatchewan that it incorporates is in force.

(2)For greater certainty, an incorporated law applies only to the extent that it is within the limits of federal constitutional authority.

6Incorporation of procedural matters#

(1)Unless otherwise provided and subject to any adaptations set out in sections 13 to 34, the following are to conform to the laws of Saskatchewan, whether or not those laws have been set out in Schedule 2:

(a)the enforcement of incorporated laws;

(b)the prosecution of an offence, or any other proceedings, in relation to the contravention of an incorporated law;

(c)the review or appeal of an action or decision taken, or of a failure to take an action that could have been taken, under an incorporated law; and

(d)the delivery of notices or the service of documents in relation to an action to be taken under an incorporated law.

(2)For the purposes of subsection (1), a person or body that has a power, duty or function under a law of Saskatchewan has the same power, duty or function in respect of any actions taken under that subsection.

7Offences and penalties#

(1)If contravention of a law of Saskatchewan that is incorporated in these Regulations is an offence under the laws of Saskatchewan, contravention of the incorporated law is also an offence and is subject to the same penalties as under the laws of Saskatchewan.

(2)If contravention of a law of Saskatchewan that is incorporated in these Regulations is a violation under the laws of Saskatchewan, contravention of the incorporated law is also a violation and is subject to the same administrative monetary penalties as under the laws of Saskatchewan.

8Financial requirements under lease#

If the incorporated laws require a cash deposit or other financial security to be given, those requirements do not displace, but instead apply in addition to, the requirements of any lease of the project lands in relation to cash deposits or other financial security.

Inapplicable Federal Regulations

9Exclusion#

The Dominion Water Power Regulations, the Indian Reserve Waste Disposal Regulations and the Indian Timber Regulations do not apply to the project.

Use and Occupation of Land

10Lease, permit or easement#

The Minister of Indian Affairs and Northern Development may issue leases or permits or grant easements for the purpose of carrying out the project.

Water Rental

11Payment#

(1)The water rentals required to be paid in respect of the project under The Water Power Rental Regulations, as incorporated and adapted by these Regulations, are to be paid in the following proportions:

(a)50% to the Water Security Agency or its successor; and

(b)50% to Her Majesty in right of Canada.

(2)The water rentals paid to Her Majesty in right of Canada are to be for the use and benefit of the Black Lake First Nation.

Transitional Provision

12Survival of rights#

Any licences, permits, authorizations, orders or exemptions — including any amendments to them — issued by a provincial official in relation to the project before the day on which these Regulations come into force are to be considered to have been issued under these Regulations and to be valid for the purposes of these Regulations.

Adaptations Applicable to Incorporated Laws

13Statutes and regulations of Saskatchewan#

Unless otherwise indicated, the statutes and regulations referred to in sections 18 to 34 are statutes and regulations of Saskatchewan.

14Reference to Crown#

For greater certainty, in the incorporated laws,

(a)“Crown” does not include Her Majesty in right of Canada;

(b)“Crown lands” and “Crown mineral lands” do not include the project lands; and

(c)a “Crown disposition” does not include a disposition by Her Majesty in right of Canada.

15Interpretation of incorporated laws#

(1)Incorporated laws are to be read without reference to any of the following:

(a)spent provisions;

(b)provisions appointing a person, providing for the remuneration of a person, or establishing or continuing a provincial body, program, fund or registry;

(c)provisions relating to the internal management of a provincial body;

(d)provisions requiring or authorizing money to be spent from the General Revenue Fund of Saskatchewan or from other funds administered by Saskatchewan;

(e)provisions authorizing the Lieutenant-Governor in Council, a provincial Minister or a provincial body to make regulations of general application except to the extent required to make the regulations set out in Schedule 2;

(f)provisions authorizing any person or provincial official or body to expropriate any interest in lands; and

(g)provisions authorizing or imposing a tax or granting or authorizing a tax credit.

(2)Despite paragraph (1)(b),

(a)a person appointed to a position under a law of Saskatchewan that has been incorporated by reference in these Regulations is considered to have been appointed to the same position for the purposes of these Regulations for as long as that person remains in that position under the law of Saskatchewan; and

(b)a provincial body, program, fund or registry established or continued under a law of Saskatchewan that has been incorporated by reference in these Regulations is considered to have been established or continued for the purposes of these Regulations.

(3)For greater certainty, a person, provincial official or provincial body that has a power, duty or function under a law of Saskatchewan incorporated by reference in these Regulations has the same power, duty or function under these Regulations, subject to the adaptations set out in sections 18 to 34.

(4)For greater certainty, if a law of Saskatchewan is adapted by these Regulations, a reference to that law in an incorporated law, or in any notice, form, instrument or other document issued under an incorporated law, is to be read as a reference to that law as adapted by these Regulations.

16Limitation on searches and inspections#

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

17Limitation on production of documents#

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.

Adaptations to Incorporated Laws

The Environmental Management and Protection Act, 2010

18Adaptation to subsection 13(2)#

In subsection 13(2) of The Environmental Management and Protection Act, 2010, a reference to “owner” is to be read as a reference to Her Majesty in right of Canada and the Black Lake First Nation.

19Adaptation to subsection 34(2)#

(1)Subsection 34(2) of the Act is to be read as follows:

(2)In subsection 34(4) of the Act, a reference to “subsection (2)” is to be read as a reference to “clause (2)(a)”.

20Adaptation to paragraph 50(1)(a)#

Paragraph 50(1)(a) of the Act is to be read as follows:

The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations

21Adaptation to paragraph 1-7(1)(a)#

(1)In paragraph 1-7(1)(a) of Chapter B.1.1 of the Appendix to The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations, a reference to “owner ” is to be read as a reference to Her Majesty in right of Canada and the Black Lake First Nation.

(2)In paragraph 1-7(2)(a) of Chapter B.1.1 of the Appendix to the Regulations, a reference to “owner of adjacent land” is to be read as a reference to Her Majesty in right of Canada and the Black Lake First Nation.

22Adaptation to paragraph 1-8(2)(a)#

In paragraph 1-8(2)(a) of Part 1 of Chapter B.1.2 of the Appendix to the Regulations, a reference to “owner” is to be read to include Her Majesty in right of Canada and the Black Lake First Nation.

23Adaptation to paragraphs 3-2(a) and 3-3(b)#

In paragraphs 3-2(a) and 3-3(b) of Part 3 of Chapter C.3.1 of the Appendix to the Regulations, a reference to “landowner” is to be read to include Her Majesty in right of Canada and the Black Lake First Nation.

The Ground Water Regulations

24Adaptation to subsection 26(1)#

In subsection 26(1) of The Ground Water Regulations, a reference to “landowner” is to be read to include Her Majesty in right of Canada.

The Hazardous Substances and Waste Dangerous Goods Regulations

25Adaptation to subparagraph 15(1)(b)(i)#

In subparagraph 15(1)(b)(i) of The Hazardous Substances and Waste Dangerous Goods Regulations, the reference to the ““National Fire Code of Canada, 1990”, as revised, amended or substituted at the date of the coming into force of this subclause” is to be read as a reference to the ““National Fire Code of Canada, 2010”, as amended from time to time”.

The Saskatchewan Employment Act

26Adaptation to paragraph 3-1(1)(t)#

The definition owner in paragraph 3-1(1)(t) of The Saskatchewan Employment Act is to be read as follows:

The Uniform Building and Accessibility Standards Act

27Adaptation to paragraph 2(1)(j.1)#

(1)The definition land surveyor in paragraph 2(1)(j.1) of The Uniform Building and Accessibility Standards Act is to be read as follows:

(2)The definition local authority in paragraph 2(1)(k) of the Act is to be read without reference to “or” at the end of subparagraph (ii), with reference to “or” at the end of subparagraph (iii) and with reference to the following after subparagraph (iii):

28Adaptation to subsection 21(3)#

Subsection 21(3) of the Act is to be read without reference to “and may be added to the tax payable on the property and collected in the same manner as taxes on the property”.

The Uniform Building and Accessibility Standards Regulations

29Adaptation to subsection 11(1)#

Subsection 11(1) of The Uniform Building and Accessibility Standards Regulations is to be read without paragraph (c).

The Water Power Regulations

30Adaptation to section 11#

(1)Section 11 of The Water Power Regulations is to be read with the following after subsection (1):

(2)Subsection 11(3) of the Regulations is to be read as follows:

(3)Section 11 of the Regulations is to be read with the following after subsection (5):

The Water Power Rental Regulations

31Adaptation to subsection 3(1)#

(1)Subsection 3(1) of The Water Power Rental Regulations is to be read as follows:

(2)Subsection 3(4) of the Regulations is to be read as follows:

(3)The portion of subsection 3(8) of the Regulations before paragraph (a) is to be read as follows:

(4)Subsection 3(9) of the Regulations is to be read as follows:

(5)Section 3 of the Regulations is to be read with the following after subsection (12):

The Waterworks and Sewage Works Regulations

32Adaptation to section 72#

In section 72 of The Waterworks and Sewage Works Regulations, a reference to “clause 34(2)(a)” is to be read as a reference to “subclause 34(2)(a)(i)”.

Coming into Force

33Registration#

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

Schedule 1 · Project Lands (Section 1)

All surface lands within Chicken Indian Reserve No. 224, Province of Saskatchewan, depicted as Surface Zone A on Administrative Area Plan 104899 filed in the Canada Lands Surveys Records.

Schedule 2 · Incorporated Laws (Section 1, subsection 6(1) and paragraph 15(1)(e))

The Environmental Management and Protection Act, 2010, S.S. 2010, c. E-10.22, other than subsections 13(3) and (4) and Division 1 of Part VIThe Environmental Management and Protection (General) Regulations, R.R.S. c. E-10.22 Reg. 1, other than Part VThe Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations, R.R.S. c. E-10.22 Reg. 2The Fire Safety Act, S.S. 2015, c. F-15.11, other than section 34The Ground Water Regulations, Sask. Reg. 172/66The Hazardous Substances and Waste Dangerous Goods Regulations, R.R.S. c. E-10.2 Reg. 3The Occupational Health and Safety Regulations, 1996, R.R.S. c. O-1.1 Reg. 1The Saskatchewan Employment Act, S.S. 2013, c. S-15.1, other than Parts II and V to VIIIThe Uniform Building and Accessibility Standards Act, S.S. 1983-84, c. U-1.2The Uniform Building and Accessibility Standards Regulations, R.R.S. c. U-1.2 Reg. 5The Water Power Regulations, R.R.S. c. W-6 Reg. 3The Water Power Rental Regulations, R.R.S. c. W-6 Reg. 2The Water Security Agency Act, S.S. 2005, c. W-8.1, other than sections 23 and 24, subsection 38(1), sections 39 to 42 and 64 to 66 and subsections 83(2) and (3)The Water Security Agency Regulations, R.R.S. c. W-8.1 Reg. 1The Waterworks and Sewage Works Regulations, R.R.S. c. E-10.22 Reg. 3The Workers’ Compensation Act, 2013, S.S. 2013, c. W-17.11, other than section 157 and subsection 159(1)

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.