Muskowekwan First Nation Solution Potash Mining Regulations

Muskowekwan First Nation Solution Potash Mining Regulations 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 Acta, the Minister has received that resolution; S.C. 2005, c. 53 Whereas the Muskowekwan First Nation is a First Nation within the meaning of the First Nations Commercial and Industrial Development Acta; 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 Acta 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 3b of the First Nations Commercial and Industrial Development Acta, makes the annexed Muskowekwan First Nation Solution Potash Mining Regulations. S.C. 2012, c. 19, s. 63 Definitions 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 Muskowekwan First Nation reserve lands that are set out in Schedule 1; 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 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 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 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. Incorporation by reference Subject to section 5, the incorporated laws apply to the project. Restriction — laws in force 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 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 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: the enforcement of incorporated laws; the prosecution of an offence, or any other proceedings, in relation to the contravention of an incorporated law; 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 any requirements for notice or service in relation to an action that is to be taken under an incorporated law. Related powers 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 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 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 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. Exclusion The Indian Reserve Waste Disposal Regulations do not apply to the project. Survival of rights 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. Statutes and regulations of Saskatchewan Unless otherwise indicated, the statutes and regulations referred to in sections 16 to 43 are statutes and regulations of Saskatchewan. Reference to Crown For greater certainty, in the incorporated laws, “Crown” does not include Her Majesty in right of Canada; “Crown lands” or “Crown mineral lands” do not include the project lands; and a “Crown disposition” does not include a disposition by Her Majesty in right of Canada. Interpretation of incorporated laws Incorporated laws are to be read without reference to any of the following: spent provisions and provisions making consequential amendments to other enactments that are not incorporated laws; provisions appointing a person, providing for the remuneration of a person, or establishing or continuing a provincial body, program, fund or registry; provisions relating to the internal management of a provincial body; provisions requiring or authorizing monies to be paid from the General Revenue Fund of Saskatchewan or from other funds administered by Saskatchewan; 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; provisions authorizing any person, provincial official or provincial body to expropriate any interest in lands; and provisions authorizing or imposing a tax or granting or authorizing a tax credit. Notwithstanding paragraph (1)(b), 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 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 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. 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 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 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. Adaptation to subsections 19(2), 21(3), etc. In subsections 19(2), 21(3), 23(1) and (2), paragraph 26(1)(b) and subsection 26(3) of The Electrical Inspection Act, 1993, a reference to “owner” is to be read as a reference to “occupant”. Adaptation to paragraph 7.4(c), section 12, etc. In paragraph 7.4(c), the portion of section 12 before paragraph (a), paragraph 15(2)(c) and the portion of subsection 23(1) after paragraph (b) of the The Environmental Assessment Act, a reference to “person” or “persons”, as the case may be, is to be read to include Her Majesty in right of Canada. Adaptation to subsection 13(2) In subsection 13(2) of the 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 Muskowekwan First Nation. Adaptation to subsection 34(2) Subsection 34(2) of the Act is to be read as follows: If the minister is satisfied that any sewage works will adversely affect any land other than the project lands, the minister shall provide a written request to the permit holder requiring the permit holder to: in respect of lands other than reserve lands, obtain from the registered owner of the other land an easement, in the prescribed form, obtain from any other person having a registered interest in the land mentioned in subclause (i) a consent to the granting of the easement, apply to the Registrar of Titles to register the easement against the titles to the affected lands; and in respect of reserve lands situated outside the project lands, obtain an easement pursuant to the Indian Act. Adaptation to subsection 34(4) In subsection 34(4) of the Act, the reference to “subsection (2)” is to be read as a reference to “clause (2)(a)”. Adaptation to paragraph 50(1)(a) Paragraph 50(1)(a) of the Act is to be read as follows: on any land that is owned by another person or the Crown or on the project lands or any other Muskowekwan reserve lands; or Adaptation to paragraph 1-7(1)(a) In paragraph 1-7(1)(a) of Chapter B.1.1 of the appendix to the 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 Muskowekwan First Nation. Adaptation to paragraph 1-7(2)(a) 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 Muskowekwan First Nation. Adaptation 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 Muskowekwan First Nation. Adaptation 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 Muskowekwan First Nation. Adaptation to paragraphs 11(1)(a), (b), etc. In paragraphs 11(1)(a) and (b), the portion of subsection 11(2) before paragraph (a) and the portion of paragraph 25(1)(b) before subparagraph (i) of The Gas Inspection Act, 1993, a reference to “owner” is to be read as a reference to “occupant”. Adaptation to subsection 25(3) In subsection 25(3) of the Act, a reference to “owner” is to be read to include the occupant. Adaptation 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. Adaptation to subparagraph 15(1)(b)(i) In subparagraph 15(1)(b)(i) of the 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”. Adaptation to subsection 17.041(2) In subsection 17.041(2) of The Oil and Gas Conservation Act, a reference to “owner” is to be read to include Her Majesty in Right of Canada. Adaptation to subsection 17.041(6) The portion of subsection 17.041(6) of the Act before paragraph (a) is to be read as follows: A person who enters on or passes over any land pursuant to subsection (1) shall compensate Her Majesty in right of Canada, for the use and benefit of the Muskowekwan First Nation, or the occupant for: Adaptation to paragraph 2(bb) In the definition person in paragraph 2(bb) of The Oil and Gas Conservation Regulations, 2012, a reference to “government” is to be read to exclude the Government of Canada. Adaptation to subparagraphs 39(1)(b)(i) and (ii), etc. In subparagraphs 39(1)(b)(i) and (ii) and paragraphs 53(1)(b) and 55(3)(e) of the Regulations, a reference to “owner” is to be read to include Her Majesty in right of Canada. Adaptation to paragraph 4(1)(g) In paragraph 4(1)(g) of The Pipelines Regulations, 2000, a reference to “surface landowners” is to be read to include Her Majesty in right of Canada. Adaptation to paragraph 22.1(7)(b) In paragraph 22.1(7)(b) of The Railway Act, a reference to “municipality” is to be read as a reference to the “Muskowekwan First Nation”. Adaptation to subsection 22.2(1) Subsection 22.2(1) of the Act is to be read as follows: In this section, council means the council of the Muskowekwan First Nation. Adaptation to subsection 22.2(2) Subsection 22.2(2) of the Act is to be read as follows: If a railway company decides to make a written offer pursuant to clause 22.1(7)(b), the railway company shall send the written offer to the minister and the council. Adaptation to paragraphs 22.2(6)(a) and (b) Paragraphs 22.2(6)(a) and (b) of the Act are to be read as follows: the minister shall advise the council in writing; and the council may accept the written offer. Adaptation to subsection 44(3) Subsection 44(3) of the Act is to be read as follows: Where a railway company causes damage to land as a result of any action taken pursuant to subsection (1), it is liable to Her Majesty in right of Canada, for the use and benefit of the Muskowekwan First Nation, for the amount of those damages. Adaptation to paragraph 3-1(1)(t) The definition owner in paragraph 3-1(1)(t) of the The Saskatchewan Employment Act is to be read as follows: owner means: any person to whom Her Majesty the Queen in Right of Canada has granted a right in relation to the project, and includes any continuation of that person resulting from one or more amalgamations or reorganizations and any successor to that person; and any delegate, assignee, partnership, agent, sub-lessor, receiver, mortgagee or person who acts for or on behalf of a person mentioned in subclause (i). Adaptation to subsections 30(2), 34(3), etc. In subsections 30(2), 34(3), 38(2) and 42(4) and paragraph 45(1)(b) of The Seismic Exploration Regulations, 1999, a reference to “owner” is to be read to include Her Majesty in right of Canada. Adaptation to portion of section 5 The portion of section 5 of The Subsurface Mineral Conservation Regulations before paragraph (a) is to be read as follows: Notwithstanding sections 112 and 113 of The Oil and Gas Conservation Regulations, 2012, any information with respect to the Prairie Evaporite that is required to be submitted for a well drilled pursuant to a well licence within the project lands remains confidential until the earlier of: Adaptation to paragraph 5(b) Paragraph 5(b) of the Regulations is to be read as follows: the expiry of the potash permit or lease issued for the purpose of the project. Adaptation to paragraph 2(1)(j.1) The definition land surveyor in paragraph 2(1)(j.1) of the The Uniform Building and Accessibility Standards Act is to be read as follows: land surveyor means a Canada Lands Surveyor within the meaning of section 2 of the Canada Lands Surveyors Act; Adaptation to paragraph 2(1)(k) The definition local authority in paragraph 2(1)(k) of the Act is to be read as follows: local authority means: a municipality; a regional park authority within the meaning of The Regional Parks Act, 2013; with respect to park land within the meaning of The Parks Act, the minister responsible for the administration of that Act; or the Muskowekwan First Nation; Adaptation 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.” Adaptation to subsection 11(1) Subsection 11(1) of The Uniform Building and Accessibility Standards Regulations is to be read without paragraph (c). Adaptation to subsection 82(4) Subsection 82(4) of The Water Security Agency Act is to be read as follows: On receipt of the notice served pursuant to clause (1)(a), the rights and obligations arising out of this Division apply to and enure to the benefit of, and are binding on, any person who received the notice. Adaptation to subsection 83(7) Subsection 83(7) of the Act is to be read as follows: On service of the order in accordance with subsection (3), the terms and conditions of and the rights and obligations under the order that is the subject of the notice are binding on the person to whom the order was originally directed and any successor to that person. Adaptation to section 72 In section 72 of the 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)”. Registration These Regulations come into force on the day on which they are registered. Those lands consisting of all surface lands within Muskowekwan Reserve No. 85, Province of Saskatchewan, depicted as Surface Zones 1 to 10 (inclusive) on Administrative Area Plan 104619 filed in the Canada Lands Surveys Records; all mines and minerals within Muskowekwan Reserve No. 85, Province of Saskatchewan, in Mines and Mineral Zones A1, A2, B, C, D1 and D2 on Administrative Area Plan 105459 filed in the Canada Lands Surveys Records; and surface parcels and mineral parcels of entitlement lands that are reserve lands within Muskowekwan Reserve No. 85, Province of Saskatchewan, described below. The Boiler and Pressure Vessel Act, 1999, S.S. 1999, c. B-5.1 The Boiler and Pressure Vessel Regulations, R.R.S. c. B-5.1 Reg. 1 The Electrical Code Regulations, R.R.S. c. E-6.3 Reg. 16 The Electrical Inspection Act, 1993, S.S. 1993, c. E-6.3 The Environmental Assessment Act, S.S. 1979-80, c. E-10.1 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 VI The Environmental Management and Protection (General) Regulations, R.R.S. c. E-10.22 Reg. 1, other than Part V The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations, R.R.S. c. E-10.22 Reg. 2 The Fire Safety Act, S.S. 2015, c. F-15.11, other than section 34 The Gas Inspection Act, 1993, S.S. 1993, c. G-3.2 The Ground Water Regulations, Sask. Reg. 172/66 The Hazardous Substances and Waste Dangerous Goods Regulations, R.R.S. c. E-10.2 Reg. 3 The Mineral Industry Environmental Protection Regulations, 1996, R.R.S. c. E-10.2 Reg. 7 The Mineral Resources Act, 1985, S.S. 1984-85-86, c. M-16.1, other than the definition Crown mineral lands in paragraph 2(1)(c) The Mines Regulations, 2003, R.R.S. c. O-1.1 Reg. 2 The Occupational Health and Safety Regulations, 1996, R.R.S. c. O-1.1 Reg. 1 The Oil and Gas Conservation Act, R.S.S. 1978, c. O-2, other than subsection 17.041(7) The Oil and Gas Conservation Regulations, 2012, R.R.S. 1978, c. O-2, Reg. 6 The Passenger and Freight Elevator Act, R.S.S. 1978, c. P-4 The Pipelines Act, 1998, S.S. 1998, c. P-12.1, other than subsections 13(1) and (2), sections 15 and 16 The Pipelines Regulations, 2000, R.R.S. c. P-12.1 Reg. 1, other than section 24 The Railway Act, S.S. 1989-90, c.R-1.2, other than paragraph 30(2)(a), section 41, subsections 42(1), (2), (4) and (5) and subsection 44(2) The Saskatchewan Employment Act, S.S. 2013, c. S-15.1, other than Parts II and V to VIII The Seismic Exploration Regulations, 1999, R.R.S. c. M-16.1 Reg. 2 The Subsurface Mineral Conservation Regulations, R.R.S. c. M-16.1 Reg. 5 The Uniform Building and Accessibility Standards Act, S.S. 1983-84, c. U-1.2 The Uniform Building and Accessibility Standards Regulations, R.R.S. c. U-1.2 Reg. 5 The 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 82(3) and (6) and 83(6), (8) and (9) The Water Security Agency Regulations, R.R.S. c. W-8.1 Reg. 1 The Waterworks and Sewage Works Regulations, R.R.S. c. E-10.22 Reg. 3 The Workers’ Compensation Act, 2013, S.S. 2013, c. W-17.11, other than section 157 and subsection 159(1)