Fort McKay First Nation Oil Sands Regulations

PART 1Adaptations Applicable to All Laws of Alberta Specified in Schedule 1

• Marginal note:Interpretation in French version

  1 In a provision of the French version of this Schedule, a term in English that is printed in a combination of parentheses and quotation marks is defined in the law that is adapted by that provision.

• Marginal note:Fee or charge

  2 Any obligation to pay a fee or charge does not apply to Her Majesty in right of Canada.

• Marginal note:Ownership — exclusion of Her Majesty

  • 3 (1) Any obligation or liability of an owner of land, buildings, structures or fixtures does not apply to Her Majesty in right of Canada.

  • Marginal note:Approval of owner

    (2) Where any consent, authorization or other approval of an owner of land is required, it may only be given by the federal Minister and the First Nation.

  • Marginal note:Notice to federal Minister

    (3) Where any notice or document is required to be given to an owner of land, it shall be given to the federal Minister and the First Nation.

• Marginal note:Person indebted

  4 A reference to a person who is indebted to the Government or the Crown shall be read as a reference to a person who is indebted to the Government of Alberta, the Crown in right of Alberta, Her Majesty in right of Canada or the First Nation.

• Marginal note:Person responsible

  5 A reference to “person responsible” shall be read as excluding Her Majesty in right of Canada.

• Marginal note:Surface Rights Act exclusions

  6 Any provision referring to the Alberta Surface Rights Act (RSA 2000 cS-24) or to rights under that Act or to the Surface Rights Board does not apply with respect to the project lands.

• Marginal note:Emergency response plan

  7 Where an emergency response plan is required to be filed with, submitted to or otherwise made available to any person or body, the person having the obligation shall without delay

  • (a) provide confirmation to the federal Minister and the First Nation that the obligation has been met; and

  • (b) if requested, provide a copy of the plan to the federal Minister and the First Nation.

PART 2Adaptations to the Administrative Procedures and Jurisdiction Act

• Statutory power

  8 In the definition of statutory power in section 1(c), a reference to “statute” shall be read as a reference to a statute of Alberta that applies with respect to the project lands by virtue of these Regulations.

PART 3Adaptations to the Environmental Protection and Enhancement Act and Regulations

DIVISION 1Adaptations to the Environmental Protection and Enhancement Act

• Marginal note:Person directly affected

  9 A reference to “any person who is directly affected” shall be read as including the federal Minister and the First Nation.

• Marginal note:Powers respecting economic instruments

  10 No programs or other measures established under section 13 apply with respect to the project lands without the agreement of the federal Minister.

• Marginal note:Local authority

  • 11 (1) In sections 27, 28, 110(3), 115(3), 126, 130, 220, 233(1) and 249, references to “local authority” and “local authorities” shall be read as including the First Nation and the Regional Municipality of Wood Buffalo.

  • Marginal note:Band council

    (2) In section 233(1), a reference to “council” shall be read as including the band council of the First Nation.

• Marginal note:Reference to Minister

  12 In section 99(1), a reference to “Minister” shall include a reference to the federal Minister.

• Marginal note:Agreement of federal Minister

  13 For the purposes of section 100(1), an order of the Minister is effective on the agreement in writing of the federal Minister.

• Marginal note:Reports and notices

  14 Under sections 110(1) and (3), 115(3) and 130, reports and notices shall also be given without delay to the federal Minister.

• Marginal note:Enforceablility of charge

  15 In section 216, a reference to “mortgage or other security on land” shall be read as a reference to “mortgage or other security on a leasehold interest in land”.

DIVISION 2AR 115/1993Adaptations to the Conservation and Reclamation Regulation

• Marginal note:Councillors cannot be inspectors

  16 Any designation of a member of the band council of the First Nation or the council of the Regional Municipality of Wood Buffalo as an inspector has no effect with respect to the project lands.

• Marginal note:Local authority

  17 In sections 4(2) and 17.1, a reference to “local authority” shall be read as including the First Nation and the Regional Municipality of Wood Buffalo.

PART 4Adaptations to the Historical Resources Act

• Marginal note:Agreement of federal Minister

  18 Under sections 16, 19, 20, 30, 33, 34 and 37, before exercising, or giving notice of an intention to exercise, any power with respect to historic resources, archaeological resources or palaeontological resources within the project lands, the Minister must obtain the agreement of the federal Minister.

• Marginal note:Existing rights

  19 The Act does not apply to affect the property in any archaeological resource or palaeontological resource within the project lands.

• Marginal note:Property in records

  20 For greater certainty, the property in any record relating to historic resources prepared by the Crown in right of Alberta is vested in the Crown in right of Alberta.

• Marginal note:Disposition of resources

  21 Any regulation made under the Act respecting the sale, lease, exchange or disposition of archaeological or palaeontological resources does not apply with respect to the project lands.

PART 5Adaptations to the Hydro and Electric Energy Act

• Marginal note:Limit of application

  22 The Act applies only insofar as it relates to transmission lines that are used for oil sands mining activities on the project lands.

• Public highway

  23 In section 1(1)(l), the definition of public highway shall be read without reference to the words “owned by the Crown or a local authority”.

• Marginal note:Approval of federal Minister

  24 Under section 34(2), only the federal Minister may give an approval.

• Marginal note:Entry on lands

  25 Any regulation made under the Act with respect to entry on a person’s land without that person’s agreement does not apply with respect to the project lands.

PART 6Adaptations to the Oil and Gas Conservation Act and Regulations

DIVISION 1Adaptations to the Oil and Gas Conservation Act

• Marginal note:Agreement of federal Minister

  26 For the purposes of section 18(2), a direction of the Lieutenant Governor in Council is effective on the agreement in writing of the federal Minister.

• Marginal note:Enforcement of lien

  27 In section 103, a reference to a “debtor” shall be read as not including Her Majesty in right of Canada and the First Nation.

• Marginal note:No order for costs

  28 Under sections 104(3) and 105(4), the Board cannot direct that Her Majesty in right of Canada pay costs or expenses.

• Marginal note:Enforcement of orders

  29 Under section 105, an enforcement action with respect to land can only be taken with respect to the leasehold interest in the project lands.

DIVISION 2AR 151/1971Adaptations to the Oil and Gas Conservation Regulations

• Marginal note:Alberta land surveyor

  30 In section 2.020(3.1)(c), a reference to “an Alberta land surveyor” shall be read as a reference to “a Canada Lands Surveyor within the meaning of section 2 of the Canada Lands Surveyors Act”.

PART 7Adaptations to the Oil Sands Conservation Act

• Marginal note:Things issued by federal Minister

  31 In sections 9(1) and 17(a)(ii), a reference to “the Lieutenant Governor in Council” shall be read as a reference to “the Lieutenant Governor in Council or the federal Minister”.

• Marginal note:Prior authorizations

  32 For the purposes of sections 10, 13 and 15, a prior authorization of the Lieutenant Governor in Council is effective on the agreement in writing of the federal Minister.

• Marginal note:Failure to comply with orders

  33 For the purposes of section 14,

  • (a) the federal Minister also may direct that the Board conduct an inquiry relating to the compliance with a term or condition of an authorization of the Lieutenant Governor in Council, and the Board shall then comply with the procedure set out in section 14(2);

  • (b) whether an inquiry is directed by the Lieutenant Governor in Council or the federal Minister, the Board shall report its findings to both of them; and

  • (c) a direction or other order made by the Lieutenant Governor in Council under section 14(4) is effective on the agreement in writing of the federal Minister.

PART 8Adaptations to the Pipeline Act and Regulations

DIVISION 1Adaptations to the Pipeline Act

• Marginal note:Limit of application

  34 The Act applies only insofar as it relates to pipelines that are used for oil sands mining activities on the project lands.

• Road

  35 In section 1(1)(y), the definition of road shall be read as meaning “land that is used or surveyed for use as a public road, street, lane or other public way, but does not include a highway”.

• Marginal note:No order for costs

  36 Under section 33(2), the Board cannot order that Her Majesty in right of Canada pay any costs.

• Marginal note:Agreement of federal Minister

  37 For the purposes of section 38, an approval of the Minister of Infrastructure is effective on the agreement in writing of the federal Minister.

• Marginal note:Local authority

  38 In section 39, a reference to “the local authority concerned” shall be read as a reference to “the federal Minister”.

• Marginal note:Entry on lands

  39 Any regulation made under the Act with respect to entry on a person’s land without that person’s agreement does not apply with respect to the project lands.

DIVISION 2AR 91/2005Adaptations to the Pipeline Regulation

• Marginal note:Surveys Act

  40 In section 4(1), a reference to “Surveys Act” shall be read as a reference to “Canada Lands Surveys Act”.