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Fort McKay First Nation Oil Sands Regulations (SOR/2007-79)

Regulations are current to 2020-03-05

Fort McKay First Nation Oil Sands Regulations

SOR/2007-79

FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT

Registration 2007-04-19

Fort McKay First Nation Oil Sands Regulations

P.C. 2007-583 2007-04-19

Whereas in accordance with paragraph 5(a) of the First Nations Commercial and Industrial Development ActFootnote a the Minister of Indian and Northern Affairs has received a resolution of the council of the Fort McKay First Nation requesting that the Minister recommend to the Governor in Council the making of the annexed Fort McKay First Nation Oil Sands Regulations;

And whereas in accordance with paragraph 5(b) of that Act the Fort McKay Oil Sands Intergovernmental Agreement has been concluded between the Minister, the Province of Alberta and the council of the Fort McKay First Nation for the administration and enforcement of the Regulations by the provincial officials and bodies specified in the Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Commercial and Industrial Development ActFootnote a, hereby makes the annexed Fort McKay First Nation Oil Sands Regulations.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    federal Minister

    federal Minister means the Minister of Indian Affairs and Northern Development. (ministre fédéral)

    First Nation

    First Nation means the Fort McKay First Nation. (Première Nation)

    project lands

    project lands means the lands in Alberta in Theoretical Township 96, Range 9, West of the 4th Meridian that are part of the Fort McKay Indian Reserve No. 174C and are shown on the Plan Showing Survey of Fort McKay Settlement (Oil Sands Lands) recorded in the Canada Lands Surveys Records under number 90264 and registered at the Land Titles Office in Edmonton under number 052 2726, containing 2077.37 hectares (5133.30 acres) more or less and more particularly described as follows:

    • (a) Lot 1, Block 2 830.57 ha (2052.4 ac);

    • (b) Lot 2, Block 2 1109.11 ha (2740.7 ac); and

    • (c) Lot 3, Block 2 137.69 ha (340.2 ac). (terres du projet)

    regulation

    regulation, for the purposes of Schedules 1 and 2, has the same meaning as in the Alberta Regulations Act (RSA 2000 cR-14), as amended from time to time. (règlement)

  • Marginal note:Alberta Interpretation Act

    (2) The laws that apply with respect to the project lands under section 3 shall be interpreted in accordance with the Alberta Interpretation Act (RSA 2000 cI-8), as amended from time to time.

Purpose

Marginal note:Purpose

 The purpose of these Regulations is to implement with respect to the project lands a legal regime that is harmonized with the legal regime of Alberta that governs oil sands mining and related activities.

Application

Marginal note:Incorporation by reference

 The laws of Alberta specified in Schedule 1, as those laws are amended from time to time, are incorporated by reference and, with the adaptations specified in Schedule 2, apply with respect to the project lands.

Marginal note:Interpretation

 For greater certainty,

  • (a) nothing in these Regulations confers any legislative power on any person or body;

  • (b) a person or body that has a power, duty or function — other than a legislative power — under the laws of Alberta specified in Schedule 1 has the same power, duty or function under these Regulations, subject to the adaptations specified in Schedule 2;

  • (c) a body or fund referred to in these Regulations is the same body or fund constituted under the applicable law of Alberta specified in Schedule 1;

  • (d) nothing in these Regulations affects the application or interpretation of agreements between Canada and Alberta regarding cooperative environmental assessments;

  • (e) where a law that applies with respect to the project lands under section 3 refers to a law that is adapted by these Regulations, the reference shall be read as a reference to the law as adapted; and

  • (f) in Schedule 1, a reference to regulations made under an Act includes all regulations made under that Act after the coming into force of these Regulations, unless excepted in Schedule 1 or 2.

Marginal note:Council of First Nation

 The First Nation shall act through its band council in respect of any power, duty or function of the First Nation under these Regulations.

Marginal note:Exclusion of Indian Oil and Gas Act

 The Indian Oil and Gas Act does not apply with respect to the project lands.

Marginal note:Prevalence of these Regulations

 These Regulations prevail over all regulations made under the Indian Act, to the extent of any conflict or inconsistency between them.

Marginal note:Cooperative environmental assessment

 If, pursuant to the Canada – Alberta Agreement on Environmental Assessment Cooperation (2005), as amended from time to time, a cooperative environmental assessment with respect to the project lands is commenced before these Regulations come into force, Division 1 of Part 2 of the Alberta Environmental Protection and Enhancement Act (RSA 2000 cE-12) is deemed to be complied with if the Director designated under section 42 of that Act is of the opinion that the environmental assessment report that results from the assessment is complete.

Coming into Force

Marginal note:Registration

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

 
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