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Fort William First Nation Sawmill Regulations (SOR/2011-86)

Regulations are current to 2022-07-13 and last amended on 2011-06-30. Previous Versions

Fort William First Nation Sawmill Regulations

SOR/2011-86

FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT

Registration 2011-03-25

Fort William First Nation Sawmill Regulations

P.C. 2011-449 2011-03-25

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

And whereas in accordance with paragraph 5(b) of that Act an agreement has been concluded between the Minister, the Province of Ontario and the council of the Fort William First Nation for the administration and enforcement of the Regulations by the provincial officials and bodies specified in the Regulations;

Therefore, His 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 William First Nation Sawmill Regulations.

Interpretation

Marginal note:Definitions

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

    incorporated laws

    incorporated laws means the laws of Ontario specified in Schedule 1, as amended from time to time. (textes incorporés)

    project lands

    project lands means all those parcels or tracts of land in the Province of Ontario being part of the Fort William Indian Reserve No. 52 and being part of the Lands Patented to the Grand Trunk Pacific Railway Co., City of Thunder Bay, District of Thunder Bay, designated as parts 7, 11, 19, 27, 28, 29, 30 and 32 on Reference Plan 55R-11689 (CLSR 86142). (terres du projet)

  • Marginal note:Successors

    (2) A reference to the Fort William First Nation, LP shall be read as including any of its successors, any other person or entity to whom the Fort William First Nation, LP assigns a lease of the project lands, or any other person or entity with which the Government of Canada enters into a lease of the project lands.

  • Marginal note:Provincial interpretation

    (3) The incorporated laws, as adapted by Schedule 2, shall be interpreted in accordance with the Legislation Act, 2006 (S.O. 2006, c. 21, Schedule F), as amended from time to time.

Application

Marginal note:Incorporation by reference

 The incorporated laws, with the adaptations set out in Schedule 2, apply with respect to the project lands.

Marginal note:Fees

 Fees, costs or other charges payable under an incorporated law shall be paid to the person or body specified in that law.

Marginal note:Interpretation

 For greater certainty,

  • (a) a person or body that has a power, duty or function under the incorporated laws has the same power, duty or function under these Regulations, subject to the adaptations specified in Schedule 2;

  • (b) an official who is appointed or designated, or a body, fund, program, registry or index record that is established, under the incorporated laws is deemed to have been appointed, designated or established for the purposes of these Regulations;

  • (c) 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;

  • (d) any regulation made under the authority of a provision or regulation that is excepted from incorporation by reference in Schedule 1 is also excepted from incorporation by reference in these Regulations;

  • (e) a reference in an incorporated law, or in any notice, form, instrument or other document issued under an incorporated law, to a law (including any provision of one) of Ontario incorporated in these Regulations shall be read as a reference to that law as adapted by these Regulations;

  • (f) a reference to an incorporated law or a provision of one shall be read as a reference to the law or provision as amended from time to time; and

  • (g) an incorporated law or a provision of one applies only if it is in force as a law of Ontario.

Marginal note:Offence proceedings

  •  (1) The Provincial Offences Act (R.S.O. 1990, c. P.33), any regulations made under that Act, any Act of Ontario referred to in that Act or its regulations relating to proceedings in respect of offences under a law of Ontario, and the applicable rules of court under the Courts of Justice Act (R.S.O. 1990, c. C.43), all as amended from time to time, apply in respect of alleged offences under these Regulations.

  • Marginal note:References in documents

    (2) A reference to these Regulations may be made in any notice, form or other document issued with respect to a proceeding concerning an alleged offence under these Regulations, but the absence of such a reference does not affect the validity of a proceeding concerning that offence.

  • Marginal note:References to laws

    (3) In any notice, form or other document issued with respect to a proceeding concerning an alleged offence under these Regulations, a reference to a law of Ontario or a provision of one incorporated in these Regulations shall be read as a reference to that law or provision as adapted by these Regulations.

Excluded Regulations

Marginal note:Exclusion

 The Indian Reserve Waste Disposal Regulations do not apply with respect to the project lands.

Coming into Force

Marginal note:Coming into force

Footnote * These Regulations come into force on the setting apart by the Governor General in Council of the project lands as reserve lands, which takes effect on registration of the Transfer/Deed of Land by which the project lands are acquired by the Minister of Indian Affairs and Northern Development, on behalf of Her Majesty in right of Canada, from the Fort William First Nation Development Corp.

 
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