SOR/2019-13120195

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202011

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FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACTDOMINION WATER POWER ACTBlack Lake First Nation Water Power RegulationsP.C.2019-48020195

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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 Acta, the Minister has received that resolution;aS.C. 2005, c. 53Whereas the Black Lake First Nation is a first nation within the meaning of the First Nations Commercial and Industrial Development Acta;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 Acta, 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 3b of the First Nations Commercial and Industrial Development Acta and paragraph 15(d) of the Dominion Water Power Actc, makes the annexed Black Lake First Nation Water Power Regulations.bS.C. 2012, c. 19, s. 63cR.S., c. W-4Interpretation

Definitions1The 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)

Provincial – The Interpretation Act, 19952The 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 expressions3For 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

Incorporation by reference4Subject to section 5, the incorporated laws apply to the project.

Restriction – laws in force5(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 matters6(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.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 taken under that subsection.

Offences and penalties7(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 lease8If 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

Exclusion9The 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

Lease, permit or easement10The 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

Payment11(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.Use and benefit(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

Survival of rights12Any 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

Statutes and regulations of Saskatchewan13Unless otherwise indicated, the statutes and regulations referred to in sections 18 to 34 are statutes and regulations of Saskatchewan.

Reference to Crown14For 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.

Interpretation of incorporated laws15(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.Interpretation of incorporated laws(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.Specified persons, officials and bodies(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.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 inspections16A 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.

Limitation on production of documents17A 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 LawsThe Environmental Management and Protection Act, 2010

Adaptation to subsection 13(2)18In 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.

Adaptation to subsection 34(2)19(1)Subsection 34(2) of the Act is to be read as follows:(2)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:(a)in respect of lands other than reserve lands,(i)obtain from the registered owner of the other land, an easement, in the prescribed form,(ii)obtain from any other person having a registered interest in the land mentioned in subclause (i) a consent to the granting of the easement,(iii)apply to the Registrar of Titles to register the easement against the titles to the affected lands; and(b)in respect of reserve lands situated outside the project lands, obtain an easement pursuant to the Indian Act.Adaptation to subsection 34(4)(2)In subsection 34(4) of the Act, a reference to “subsection (2)” is to be read as a reference to “clause (2)(a)”.

Adaptation to paragraph 50(1)(a)20Paragraph 50(1)(a) of the Act is to be read as follows:(a)on any land that is owned by another person or the Crown or on the project lands or any other Black Lake reserve lands; or

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

Adaptation to paragraph 1-7(1)(a)21(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.Adaptation to paragraph 1-7(2)(a)(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.

Adaptation to paragraph 1-8(2)(a)22In 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.

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

Adaptation to subsection 26(1)24In 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

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

Adaptation to paragraph 3-1(1)(t)26The definition owner in paragraph 3-1(1)(t) of The Saskatchewan Employment Act is to be read as follows:“owner” means:(i)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(ii)any delegate, assignee, partnership, agent, sub-lessor, receiver, mortgagee or person who acts for or on behalf of a person mentioned in subclause (i).

The Uniform Building and Accessibility Standards Act

Adaptation to paragraph 2(1)(j.1)27(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:(j.1)“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)(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):(iv)the Black Lake First Nation;

Adaptation to subsection 21(3)28Subsection 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

Adaptation to subsection 11(1)29Subsection 11(1) of The Uniform Building and Accessibility Standards Regulations is to be read without paragraph (c).

The Water Power Regulations

Adaptation to section 1130(1)Section 11 of The Water Power Regulations is to be read with the following after subsection (1):(1.1)The corporation shall provide a copy of the notice to Her Majesty in right of Canada.Adaptation to subsection 11(3)(2)Subsection 11(3) of the Regulations is to be read as follows:(3)After considering the representations mentioned in subsection (1), the corporation shall issue a written decision, serve a copy of the decision on the applicant or licensee and provide a copy of the decision to Her Majesty in right of Canada.Adaptation to section 11(3)Section 11 of the Regulations is to be read with the following after subsection (5):(6)Nothing in this section shall be interpreted so as to limit the ability of Her Majesty in right of Canada to bring a proceeding or take any enforcement measures that Her Majesty in right of Canada is entitled to bring or to take under federal legislation.

The Water Power Rental Regulations

Adaptation to subsection 3(1)31(1)Subsection 3(1) of The Water Power Rental Regulations is to be read as follows:

3(1)Every person who uses water for the purpose of producing water power using works, including persons who store water for the purpose of producing water power, shall pay the water rental calculated in accordance with these regulations of which 50% shall be paid to the corporation and 50% to Her Majesty in right of Canada.

Adaptation to subsection 3(4)(2)Subsection 3(4) of the Regulations is to be read as follows:(4)Every licensee shall submit to the corporation and to Her Majesty in right of Canada all data required to calculate the water rental payable pursuant to these regulations.Adaptation to subsection 3(8)(3)The portion of subsection 3(8) of the Regulations before paragraph (a) is to be read as follows:(8)The corporation and Her Majesty in right of Canada may charge and collect interest on any water rental due to the corporation or Her Majesty in right of Canada, as the case may be, not paid in full by the date it is payable pursuant to these regulations at a rate equal to:Adaptation to subsection 3(9)(4)Subsection 3(9) of the Regulations is to be read as follows:(9)Any water rental not paid in full by the date on which it is payable, together with any interest payable pursuant to subsection (8), is a debt due and owing to the corporation or Her Majesty in right of Canada, as the case may be, by the persons from whom it is payable, and the corporation or Her Majesty in right of Canada, as the case may be, may recover that debt in any manner allowed by law for the recovery of debts due to the Crown and Her Majesty in right of Canada.Adaptation to section 3(5)Section 3 of the Regulations is to be read with the following after subsection (12):(13)All payments made to and interest collected by Her Majesty in right of Canada under this section shall be for the use and benefit of the Black Lake First Nation and shall be made payable and remitted to the Receiver General of Canada.

The Waterworks and Sewage Works Regulations

Adaptation to section 7232In 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

Registration33These Regulations come into force on the day on which they are registered.

SCHEDULE 1(Section 1)Project LandsAll 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(Section 1, subsection 6(1) and paragraph 15(1)(e))Incorporated LawsThe 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)