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Haisla Nation Liquefied Natural Gas Facility Regulations (SOR/2012-293)

Regulations are current to 2020-10-05

Haisla Nation Liquefied Natural Gas Facility Regulations

SOR/2012-293

FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT

Registration 2012-12-14

Haisla Nation Liquefied Natural Gas Facility Regulations

P.C. 2012-1742 2012-12-13

Whereas the Haisla Nation has requested by resolution of its council that the Minister of Indian Affairs and Northern Development recommend to the Governor in Council the making of the annexed Regulations and, in accordance with paragraph 5(1)(a) of the First Nations Commercial and Industrial Development ActFootnote a, the Minister has received that resolution;

Whereas the Haisla Nation is a First Nation within the meaning of the First Nations Commercial and Industrial Development ActFootnote a;

Whereas jurisprudence in relation to the Constitution Act, 1867Footnote b leaves some uncertainty with respect to the application of some provincial laws to reserve lands, and the intention of the annexed Regulations is to ensure that certain laws set out in Schedule 2 to those Regulations apply as federal law to the project lands, within the limits of federal constitutional authority;

Whereas the annexed Regulations specify provincial officials by whom, and provincial bodies by which, powers may be exercised or duties must be performed;

And whereas in accordance with paragraph 5(1)(b) of the First Nations Commercial and Industrial Development ActFootnote a an agreement has been concluded between the Minister of Indian Affairs and Northern Development, the Province of British Columbia and the council of the Haisla Nation for the administration and enforcement of the Regulations by those provincial officials and bodies;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 3Footnote c of the First Nations Commercial and Industrial Development ActFootnote a, makes the annexed Haisla Nation Liquefied Natural Gas Facility Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

incorporated laws

incorporated laws means the statutes, regulations and other legislative instruments of British Columbia, or the portions of them, set out in Schedule 2, as amended from time to time and as adapted by sections 13 to 43. (textes législatifs incorporés)

project lands

project lands means the lands set out in Schedule 1. (terres du projet)

Marginal note:Provincial Interpretation Act

 The incorporated laws are to be interpreted in accordance with the British Columbia Interpretation Act (R.S.B.C. 1996, c. 238), 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

 For greater certainty, the adaptations in sections 13 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

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

Marginal note:Restriction

  •  (1) A provision of an incorporated law applies only if the provision of the law of British Columbia that it incorporates is in force.

  • Marginal note:Restriction

    (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

  •  (1) Unless otherwise provided and subject to any adaptations set out in sections 13 to 43, the following are to be carried out in accordance with the laws of British Columbia, whether or not those laws have been set out in Schedule 2:

    • (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 taken, or of a failure to take an action that could have been taken, under an incorporated law;

    • (d) any requirements for notice or service in relation to an action 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 British Columbia has the same power, duty or function in respect of any actions taken under that subsection.

Marginal note:Offences and penalties

 If contravention of a law of British Columbia that is incorporated in these Regulations is an offence under the laws of British Columbia, contravention of the incorporated law is also an offence and is subject to the same penalties as under the laws of British Columbia.

Marginal note:Financial requirements under lease

 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

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

Construction Standards

Marginal note:Conformity with British Columbia standards

 Construction of and alterations to buildings on the project lands must be done in accordance with the British Columbia Building Code and British Columbia Fire Code, as amended from time to time.

Marginal note:Occupancy permit

  •  (1) No building on the project lands is to be occupied unless the Haisla Nation, or a person authorized by the Haisla Nation, has issued an occupancy permit for that building.

  • Marginal note:Occupancy permit

    (2) The Haisla Nation, or a person authorized by the Haisla Nation, must issue an occupancy permit for a building within 15 days after it receives written confirmation by a person registered or licensed as a professional engineer under the Engineers and Geoscientists Act (R.S.B.C. 1996, c. 116) that the building was constructed in accordance with section 10.

Transitional Provision

Marginal note:Survival of rights

 Any permits, authorizations, orders or exemptions — including any amendments to them — issued by the British Columbia Oil and Gas Commission in relation to the project lands prior to the coming into force of these Regulations are considered to have been issued under these Regulations and to be valid for the purposes of these Regulations.

Adaptations Applicable to All Incorporated Laws

Marginal note:British Columbia statutes and regulations

 Unless otherwise indicated, the statutes and regulations referred to in sections 18 to 43 are statutes and regulations of British Columbia.

Marginal note:Interpretation of incorporated laws

  •  (1) The 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 or fund;

    • (c) provisions relating to the internal management of a provincial body;

    • (d) provisions requiring or authorizing monies to be paid from the Consolidated Revenue Fund of British Columbia;

    • (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 2.

  • Marginal note:Interpretation of incorporated laws

    (2) Despite paragraph (1)(b),

    • (a) a person appointed to a position under a law of British Columbia that has been incorporated by reference in these Regulations is considered to have been appointed to the same position for the purposes of these Regulations, for so long as that person remains in that position under the law of British Columbia; and

    • (b) a provincial body, program or fund established or continued under a law of British Columbia that has been incorporated by reference in these Regulations is considered to have been established or continued for the purposes of these Regulations.

  • Marginal note:Specified officials and bodies

    (3) For greater certainty, a person or body that has a power, duty or function under a law of British Columbia incorporated by reference in these Regulations has the same power, duty or function under these Regulations, subject to the adaptations set out in sections 18 to 43.

  • Marginal note:Interpretation of adapted laws

    (4) For greater certainty, if a law of British Columbia 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:Exclusion

 Unless otherwise provided by these Regulations, a provision of an incorporated law that imposes an obligation, liability or penalty on an owner, occupier, public authority, public body or unspecified person or entity does not apply to Her Majesty in right of Canada or federal ministers or officials.

Marginal note:Limitation on searches and inspections

 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

 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 the Environmental Management Act and Regulations

Marginal note:Municipalities

 The Environmental Management Act and the regulations made under it set out in Schedule 2 are to be read without reference to any powers conferred on a municipality or an employee of a municipality.

Environmental Management Act

Marginal note:Adaptation to Part 4

 For the purposes of Part 4 of the Environmental Management Act, the standard to be applied for remediation is a standard consistent with industrial land use.

Marginal note:Adaptation to section 40(1)(b)

 In section 40(1)(b) of the Act, a reference to “the applicable municipality” is to be read as a reference to “the director”.

 
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