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

Marginal note:Adaptation to paragraph 1-8(2)(a)

22 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.

Marginal note:Adaptation to paragraphs 3-2(a) and 3-3(b)

23 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.

The Gas Inspection Act, 1993

Marginal note:Adaptation to paragraphs 11(1)(a), (b), etc.

24 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”.

Marginal note:Adaptation to subsection 25(3)

25 In subsection 25(3) of the Act, a reference to “owner” is to be read to include the occupant.

The Ground Water Regulations

Marginal note:Adaptation to subsection 26(1)

26 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.

The Hazardous Substances and Waste Dangerous Goods Regulations

Marginal note:Adaptation to subparagraph 15(1)(b)(i)

27 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”.

The Oil and Gas Conservation Act

Marginal note:Adaptation to subsection 17.041(2)

• 28 (1) 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.

• Marginal note:Adaptation to subsection 17.041(6)

  (2) The portion of subsection 17.041(6) of the Act before paragraph (a) is to be read as follows:

  • (6) 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:

The Oil and Gas Conservation Regulations, 2012

Marginal note:Adaptation to paragraph 2(bb)

29 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.

Marginal note:Adaptation to subparagraphs 39(1)(b)(i) and (ii), etc.

30 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.

The Pipelines Regulations, 2000

Marginal note:Adaptation to paragraph 4(1)(g)

31 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.

The Railway Act

Marginal note:Adaptation to paragraph 22.1(7)(b)

32 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”.

Marginal note:Adaptation to subsection 22.2(1)

• 33 (1) Subsection 22.2(1) of the Act is to be read as follows:

  • 22.2(1) In this section, council means the council of the Muskowekwan First Nation.

• Marginal note:Adaptation to subsection 22.2(2)

  (2) Subsection 22.2(2) of the Act is to be read as follows:

  • (2) 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.

• Marginal note:Adaptation to paragraphs 22.2(6)(a) and (b)

  (3) Paragraphs 22.2(6)(a) and (b) of the Act are to be read as follows:

  • (a) the minister shall advise the council in writing; and

  • (b) the council may accept the written offer.

Marginal note:Adaptation to subsection 44(3)

34 Subsection 44(3) of the Act is to be read as follows:

• (3) 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.

The Saskatchewan Employment Act

Marginal note:Adaptation to paragraph 3-1(1)(t)

35 The definition owner in paragraph 3-1(1)(t) of the The Saskatchewan Employment Act is to be read as follows:

owner

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 Seismic Exploration Regulations, 1999

Marginal note:Adaptation to subsections 30(2), 34(3), etc.

36 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.

The Subsurface Mineral Conservation Regulations

Marginal note:Adaptation to portion of section 5

• 37 (1) The portion of section 5 of The Subsurface Mineral Conservation Regulations before paragraph (a) is to be read as follows:

  5 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:

• Marginal note:Adaptation to paragraph 5(b)

  (2) Paragraph 5(b) of the Regulations is to be read as follows:

  • (b) the expiry of the potash permit or lease issued for the purpose of the project.

The Uniform Building and Accessibility Standards Act

Marginal note:Adaptation to paragraph 2(1)(j.1)

• 38 (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:

  • (j.1) land surveyor means a Canada Lands Surveyor within the meaning of section 2 of the Canada Lands Surveyors Act;

• Marginal note:Adaptation to paragraph 2(1)(k)

  (2) The definition local authority in paragraph 2(1)(k) of the Act is to be read as follows:

  local authority

  local authority means:

  • (i) a municipality;

  • (ii) a regional park authority within the meaning of The Regional Parks Act, 2013;

  • (iii) with respect to park land within the meaning of The Parks Act, the minister responsible for the administration of that Act; or

  • (iv) the Muskowekwan First Nation;

Marginal note:Adaptation to subsection 21(3)

39 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.”

The Uniform Building and Accessibility Standards Regulations

Marginal note:Adaptation to subsection 11(1)

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

The Water Security Agency Act

Marginal note:Adaptation to subsection 82(4)

41 Subsection 82(4) of The Water Security Agency Act is to be read as follows:

• (4) 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.

Marginal note:Adaptation to subsection 83(7)

42 Subsection 83(7) of the Act is to be read as follows:

• (7) 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.

The Waterworks and Sewage Works Regulations

Marginal note:Adaptation to section 72

43 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)”.

Coming into Force

Marginal note:Registration

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