Fort William First Nation Sawmill Regulations

Version of the schedule from 2011-06-30 to 2023-11-23:

SCHEDULE 2(Subsection 1(3), section 2 and paragraphs 4(a) and (c))Adaptations

Marginal note:Owner
1 A reference to an owner, in relation to the project lands, shall be read as including the Fort William First Nation, LP.
Marginal note:Exclusion
2 A reference to an owner or to any other person or entity does not include Her Majesty in right of Canada or an official of the Government of Canada.
Marginal note:Limitation on inspections
- 3 (1) A power to make inspections, including the power to enter a place, does not include a power to enter, or inspect anything in, a federal government office, or to enter any place or inspect anything in the possession of the Fort William First Nation.
- Marginal note:Exception
  (2) Subsection (1) does not preclude the entry into any place occupied by, or the inspection of anything in the possession of, the Fort William First Nation, LP.
Marginal note:Fire chief
4 The fire chief appointed by the Council of the City of Thunder Bay under section 6 of the Fire Protection and Prevention Act, 1997 (S.O. 1997, c. 4), is deemed to have also been appointed as a fire chief for the purposes of the incorporated laws.

Marginal note:Unorganized territory
5 Part IV of the Act applies to the project lands as if they were an unorganized territory.
Marginal note:Acquisition of land
6 In section 92, a reference to “acquire by purchase, lease or otherwise, or, subject to the Expropriations Act” shall be read as a reference to “acquire by lease or, subject to the Expropriations Act and section 35 of the Indian Act (Canada)”.
Marginal note:References to “another Act”
7 In subsection 105(1), a reference to “a provision of another Act or a regulation or instrument made, issued or otherwise created under another Act” shall be read as a reference to “a provision — incorporated by reference in these Regulations — of another Act or of a regulation or instrument made, issued or otherwise created under another Act”.

Marginal note:Limit of application
8 The Act and its regulations apply only in circumstances where the Canadian Environmental Assessment Act does not apply.

Marginal note:Period of 25 years
9 In section 46, the reference to “a period of twenty-five years” shall be read as a reference to “a period equal to the remainder of the term of any lease of the project lands to the Fort William First Nation, LP or twenty-five years, whichever is shorter”.
Marginal note:Land registry office
10 In subsections 197(2) and (5), a reference to “the proper land registry office” shall be read as a reference to “the Reserve Land Register or Surrendered and Designated Lands Register, maintained by the Department of Indian Affairs and Northern Development”.

Marginal note:Municipality
11 In subclause 34(2)(b)(iv), a reference to “each municipality in which the source of contaminant is located” shall be read as a reference to “the Fort William First Nation”.

Marginal note:Limitation on production of documents
12 In clause 20(2)(b), the power to require the production of any document or thing does not include a power to require the production of any document or thing located in a federal government office.

Marginal note:Ontario
13 In subsections 29(1) and (2), a reference to “Ontario” shall be read as a reference to “the project lands”.
Marginal note:Limitation on orders
14 Under section 61, no direction applies to Her Majesty the Queen in right of Canada or to an official of the Government of Canada.
Marginal note:Land registry office
15 In subsections 103(2) and (5), a reference to “the proper land registry office” shall be read as a reference to “the Reserve Land Register or Surrendered and Designated Lands Register, maintained by the Department of Indian Affairs and Northern Development”.