Muskowekwan First Nation Solution Potash Mining Regulations (SOR/2017-47)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

incorporated laws

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

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

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

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)

Marginal note: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.

Marginal note: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

Marginal note:Incorporation by reference

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

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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

Marginal note:Exclusion

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

Transitional Provision

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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 the possession of the federal government, without the consent of the person in possession of the document.

Adaptations to Incorporated Laws

The Electrical Inspection Act, 1993

Marginal note:Adaptation to subsections 19(2), 21(3), etc.

16 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”.

The Environmental Assessment Act

Marginal note:Adaptation to paragraph 7.4(c), section 12, etc.

17 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.

The Environmental Management and Protection Act, 2010

Marginal note:Adaptation to subsection 13(2)

18 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.

Marginal note: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.

• Marginal note:Adaptation to subsection 34(4)

  (2) In subsection 34(4) of the Act, the reference to “subsection (2)” is to be read as a reference to “clause (2)(a)”.

Marginal note:Adaptation to paragraph 50(1)(a)

20 Paragraph 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 Muskowekwan reserve lands; or

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

Marginal note: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 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.

• Marginal note: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 Muskowekwan First Nation.