Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2020-10-05

Adaptations to the Environmental Management Act and Regulations (continued)

Environmental Management Act (continued)

Marginal note:Adaptation to section 55(6)

 Section 55(6) of the Act is to be read as follows:

  • (6) Her Majesty in right of Canada and Her Ministers and officials, and the Haisla Nation and its council and employees, do not incur any liability and are not to be considered a responsible person under this Act as a result of any bylaw, law, permit, license, approval or other document adopted or issued under the Indian Act (Canada), or a land code adopted under the First Nations Land Management Act (Canada), that authorizes the removal or deposit of contaminated soil from or on the project lands.

Marginal note:Adaptation to section 61(1)

 In section 61(1) of the Act, a reference to “government” is to be read to include Her Majesty in right of Canada and the Haisla Nation.

Contaminated Sites Regulation

Marginal note:General adaptation

 For the purposes of the Contaminated Sites Regulation, the standard to be applied for remediation is a standard consistent with industrial land use.

Marginal note:General adaptation

 For greater certainty, the power of the director to require financial security under section 48(4) of the Regulation does not include the power to require financial security from Her Majesty in right of Canada.

Adaptation to the Forest Practices Board Regulation

Marginal note:General adaptation

 The Forest Practices Board Regulation applies only insofar as it relates to the Wildfire Act.

Adaptation to the Integrated Pest Management Regulation

Adaptation to section 1 Crown land

 For the purposes of the Integrated Pest Management Regulation, the project lands are to be considered as private lands.

Adaptation to the Occupiers Liability Act

Adaptation to section 1 occupier

 The definition of occupier in section 1 of the Occupiers Liability Act is to be read to exclude the Haisla Nation.

Adaptations to the Oil and Gas Activities Act and Regulations

Oil and Gas Activities Act

Marginal note:General adaptation

 For the purposes of the Oil and Gas Activities Act and the regulations made under it set out in Schedule 2, the project lands are to be considered as unoccupied Crown land.

Marginal note:Survival of rights

 Instead of granting a permit or giving an authorization under the Act, the commission may rely on a permit issued, or other authorization given, under the Indian Act (Canada) in relation to the project lands.

Adaptation to section 1(2) specified enactment

  •  (1) The definition of specified enactment in section 1(2) of the Act is to be read without reference to the Land Act, the Forest Act and the Heritage Conservation Act.

  • Adaptation to section 1(2) specified provision

    (2) The definition of specified provision in section 1(2) of the Act is to be read without reference to paragraphs (b) to (d).

Marginal note:Adaptation to section 23(5)

 Section 23(5) of the Act is to be read without reference to paragraph (a).

Marginal note:Adaptation to section 34(2)(a)(i)

 In section 34(2)(a)(i) of the Act, a reference to the Land Act is to be read as a reference to the Indian Act (Canada).

Marginal note:Adaptation to section 53(3)

 The powers of the commissioner under section 53(3) of the Act do not include the power to make an order against Her Majesty in right of Canada.

Marginal note:Adaptation to section 56(1)

 In section 56(1) of the Act, a reference to “government” is to be read to include Her Majesty in right of Canada.

Marginal note:Adaptation to sections 74(2)(a) and 76(6)(a)

 In sections 74(2)(a) and 76(6)(a) of the Act, a reference to “person” is to be read to exclude Her Majesty in right of Canada.

Administrative Penalties Regulation

Marginal note:Adaptation to section 2(1)

 Section 2(1) of the Administrative Penalties Regulation is to be read without reference to section 36(1) of the Act.

Marginal note:Adaptation to section 3

 Section 3 of the Regulation is to be read without reference to section 19 of the Environmental Protection and Management Regulation.

Environmental Protection and Management Regulation

Marginal note:Adaptation to sections 6(b) and (d)

 Sections 6(b) and (d) of the Environmental Protection and Management Regulation are to be read to apply only to wildlife habitat areas and wildlife habitat features located outside the project lands.

Marginal note:Adaptation to section 7(1)(b)

  •  (1) Section 7(1)(b) of the Regulation is to be read to apply only to resource features located outside the project lands.

  • Marginal note:Adaptation to section 7(1)(c)

    (2) Section 7(1)(c) of the Regulation is to be read to apply only to cultural heritage resources located outside the project lands.

Adaptation to the Public Health Act

Marginal note:Adaptation to section 99(1)(d)

 Section 99(1)(d) of the Public Health Act is to be read as follows:

  • (d) section 11 [failure to make reports];

Adaptations to the Weed Control Act and Regulations

Weed Control Act

Marginal note:General adaptation

 For the purposes of the Weed Control Act and the regulations made under it set out in Schedule 2, the project lands are not to be considered as land, premises or property in a municipality.

Weed Control Regulation

Marginal note:Adaptation to Schedule B

 Schedule B to the Weed Control Regulation is to be read without reference to the sentence “If that cost is not paid it may, under section 8 of the Act, be collected and recovered as taxes in arrears under the Municipal Act or as unpaid taxes under the Taxation (Rural Area) Act”.

Adaptation to the Wildfire Act and Regulations

Marginal note:General adaptation

 For the purposes of the Wildfire Act and the regulations made under it set out in Schedule 2, the project lands are to be considered as private lands.

Coming into Force

Marginal note:Registration

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

 
Date modified: