Muskowekwan First Nation Solution Potash Mining Regulations

 
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Vol. 151, No. 7 — April 5, 2017

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SOR/2017-47 March 24, 2017

FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT

Muskowekwan First Nation Solution Potash Mining Regulations

P.C. 2017-258 March 24, 2017

Whereas the Muskowekwan 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 (see footnote a), the Minister has received that resolution;

Whereas the Muskowekwan First Nation is a First Nation within the meaning of the First Nations Commercial and Industrial Development Act (see footnote b);

Whereas the intention of the annexed Regulations is to ensure that certain laws set out in Schedule 3 to these 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 must be performed;

And whereas, in accordance with paragraph 5(1)(b) of the First Nations Commercial and Industrial Development Act

(see footnote c) an agreement has been concluded between the Minister of Indian Affairs and Northern Development, the Province of Saskatchewan and the council of the Muskowekwan First Nation for the administration and enforcement of the Regulations by those provincial officials and bodies;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 3

(see footnote d) of the First Nations Commercial and Industrial Development Act

(see footnote e), makes the annexed Muskowekwan First Nation Solution Potash Mining Regulations.

Muskowekwan First Nation Solution Potash Mining Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

incorporated laws means the statutes and regulations of Saskatchewan, or any portions of them, that are set out in Schedule 3, as amended from time to time and as adapted by sections 11 to 43. (texte législatif incorporé)

potash means all natural mineral salts of boron, calcium, lithium, magnesium, potassium, sodium, bromine, chlorine, fluorine, iodine, nitrogen, phosphorus and sulfur, and their compounds, occurring more than 60 m below the surface of the project lands. (potasse)

project means the exploration for potash and the development of potash located within the project lands and the construction, modification, operation, decommissioning, reclamation and abandonment of a solution potash mine on those project lands. (projet)

project lands means

  • (a) Muskowekwan First Nation reserve lands that are set out in Schedule 1;
  • (b) entitlement lands that are set out in Schedule 2 and that are added to the Muskowekwan First Nation Reserve under subsection 5(1) of the Claim Settlements (Alberta and Saskatchewan) Implementation Act; and
  • (c) road allowances that are adjacent to any lands set out in Schedule 1 or 2 and that are set apart as reserve lands for the use and benefit of the Muskowekwan First Nation under the Saskatchewan Treaty Land Entitlement Framework Agreement. (terres du projet)
    • Provincial Interpretation Act, 1995
    • 2 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.
    • Other expressions

      3 For greater certainty, the adaptations in sections 11 to 43 are to be interpreted to be part of the incorporated laws to which they apply.

      Application of Laws

      Incorporation by reference

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

      Restriction — laws in force

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

      Restriction — limits of authority

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

      Incorporation of procedural matters

      6 (1) Unless otherwise provided and subject to any adaptations set out in sections 11 to 43, the following are to be carried out in accordance with the laws of Saskatchewan, whether or not those laws have been set out in Schedule 3:

      • (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 that is taken, or of a failure to take an action that could have been taken, under an incorporated law; and
      • (d) any requirements for notice or service in relation to an action that is to be taken under an incorporated law.
        • Related powers
        • (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 that are taken under that subsection.
        • Offences and penalties

          7 (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.

          Violations and administrative monetary penalties

          (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.

          Financial requirements under lease

          8 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

          Exclusion

          9 The Indian Reserve Waste Disposal Regulations do not apply to the project.

          Transitional Provision

          Survival of rights

          10 Any lease, permit, authorization, order or exemption – including any amendment to one – that is issued by a provincial official in relation to the project before the coming into force of these Regulations is considered to have been issued under these Regulations and to be valid for the purposes of these Regulations.

          General Adaptations to Incorporated Laws

          Statutes and regulations of Saskatchewan

          11 Unless otherwise indicated, the statutes and regulations referred to in sections 16 to 43 are statutes and regulations of Saskatchewan.

          Reference to Crown

          12 For greater certainty, in the incorporated laws,

          • (a) “Crown” does not include Her Majesty in right of Canada;
          • (b) “Crown lands” or “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.
          • Interpretation of incorporated laws

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

            • (a) spent provisions and provisions making consequential amendments to other enactments that are not incorporated laws;
            • (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 monies to be paid from the General Revenue Fund of Saskatchewan or from other funds administered by Saskatchewan;
            • (e) provisions authorizing the Lieutenant-Governor in Council, a Minister or a provincial body to make regulations of general application except to the extent required to make the regulations set out in Schedule 3;
            • (f) provisions authorizing any person, provincial official or provincial body to expropriate any interest in lands; and
            • (g) provisions authorizing or imposing a tax or granting or authorizing a tax credit.
              • Interpretation of incorporated laws
              • (2) Notwithstanding paragraph (1)(b),
                • (a) a person who is appointed to a position under a law of Saskatchewan 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 that is established or continued under a law of Saskatchewan incorporated by reference in these Regulations is considered to have been established or continued for the purposes of these Regulations.
                • Specified person, official or body

                  (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 16 to 43.

                  Interpretation of incorporated laws

                  (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.

                  Limitation on searches and inspections

                  14 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, 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.

                  Limitation on production of documents

                  15 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...

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