Marginal note:Expanded meaning of undertaking

4. The Governor in Council may make regulations enlarging the meaning of the expression “commercial or industrial undertaking” for the purposes of this Act.

Marginal note:Conditions for making regulations

5. Regulations may not be made under section 3 in respect of undertakings on reserve lands of a first nation unless

• (a) the Minister has received a resolution of the council of the first nation requesting that the Minister recommend to the Governor in Council the making of those regulations; and

• (b) if the regulations specify a provincial official by whom, or body by which, a power may be exercised or a duty must be performed, an agreement has been concluded between the Minister, the province and the council of the first nation for the administration and enforcement of the regulations by that official or body.

Marginal note:Conflict with regulations under another Act

6. Regulations made under any other Act of Parliament prevail over regulations made under section 3 to the extent of any conflict or inconsistency between them, unless otherwise provided in the regulations made under that section.

Marginal note:Conflict with first nation laws or by-laws

7. Regulations made under section 3 prevail over any laws or by-laws made by a first nation to the extent of any conflict or inconsistency between them, unless those regulations provide otherwise.

Marginal note:Statutory Instruments Act

8. The Statutory Instruments Act does not apply to any instruments made by a provincial official or body under authority conferred by regulations made under section 3.

Marginal note:Federal Courts Act

• 9. (1) A provincial official or body that exercises a power or performs a duty under regulations made under section 3 is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act.

• Marginal note:Review or appeal in provincial courts

  (2) Unless otherwise provided by regulations made under section 3, where a power or duty conferred or imposed by provincial law is incorporated by reference in the regulations, its exercise or performance pursuant to the regulations is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the provincial law applied of its own force.

Marginal note:Amounts received

10. Fees, charges, fines or other payments collected by a provincial official or body pursuant to regulations made under section 3 are not Indian moneys for the purposes of the Indian Act or public money for the purposes of the Financial Administration Act.