Black Lake First Nation Water Power Regulations (SOR/2019-131)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

incorporated laws

incorporated laws means the statutes and regulations of Saskatchewan, or the portions of them, that are set out in Schedule 2, as amended from time to time and as adapted by sections 13 to 34. (texte législatif incorporé)

project

project means the construction, modification, operation, decommissioning, reclamation and abandonment of hydroelectric facilities on the project lands and the generation of electricity from the water power available within those lands. (projet)

project lands

project lands means the lands of the Black Lake First Nation Chicken Reserve No. 224 that are set out in Schedule 1. (terres du projet)

Marginal note:Provincial – The Interpretation Act, 1995

2 The incorporated laws are to be interpreted in accordance with the Saskatchewan statute The Interpretation Act, 1995, S.S. 1995, c. I-11.2, 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

3 For greater certainty, the adaptations in sections 13 to 34 are to be interpreted to be part of the incorporated laws to which they apply.

Application of Laws

Marginal note:Incorporation by reference

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

Marginal note:Restriction – laws in force

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

• Marginal note:Restriction – limits of authority

  (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

• 6 (1) Unless otherwise provided and subject to any adaptations set out in sections 13 to 34, the following are to conform to the laws of Saskatchewan, 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; and

  • (d) the delivery of notices or the service of documents 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 Saskatchewan has the same power, duty or function in respect of any actions taken under that subsection.

Marginal note:Offences and penalties

• 7 (1) If contravention of a law of Saskatchewan that is incorporated in these Regulations is an offence under the laws of Saskatchewan, contravention of the incorporated law is also an offence and is subject to the same penalties as under the laws of Saskatchewan.

• Marginal note:Violations and administrative monetary penalties

  (2) If contravention of a law of Saskatchewan that is incorporated in these Regulations is a violation under the laws of Saskatchewan, contravention of the incorporated law is also a violation and is subject to the same administrative monetary penalties as under the laws of Saskatchewan.

Marginal note:Financial requirements under lease

8 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

9 The Dominion Water Power Regulations, the Indian Reserve Waste Disposal Regulations and the Indian Timber Regulations do not apply to the project.

Use and Occupation of Land

Marginal note:Lease, permit or easement

10 The Minister of Indian Affairs and Northern Development may issue leases or permits or grant easements for the purpose of carrying out the project.

Water Rental

Marginal note:Payment

• 11 (1) The water rentals required to be paid in respect of the project under The Water Power Rental Regulations, as incorporated and adapted by these Regulations, are to be paid in the following proportions:

  • (a) 50% to the Water Security Agency or its successor; and

  • (b) 50% to Her Majesty in right of Canada.

• Marginal note:Use and benefit

  (2) The water rentals paid to Her Majesty in right of Canada are to be for the use and benefit of the Black Lake First Nation.

Transitional Provision

Marginal note:Survival of rights

12 Any licences, permits, authorizations, orders or exemptions — including any amendments to them — issued by a provincial official in relation to the project before the day on which these Regulations come into force are to be considered to have been issued under these Regulations and to be valid for the purposes of these Regulations.

Adaptations Applicable to Incorporated Laws

Marginal note:Statutes and regulations of Saskatchewan

13 Unless otherwise indicated, the statutes and regulations referred to in sections 18 to 34 are statutes and regulations of Saskatchewan.

Marginal note:Reference to Crown

14 For greater certainty, in the incorporated laws,

• (a) “Crown” does not include Her Majesty in right of Canada;

• (b) “Crown lands” and “Crown mineral lands” do not include the project lands; and

• (c) a “Crown disposition” does not include a disposition by Her Majesty in right of Canada.

Marginal note:Interpretation of incorporated laws

• 15 (1) Incorporated laws are to be read without reference to any of the following:

  • (a) spent provisions;

  • (b) provisions appointing a person, providing for the remuneration of a person, or establishing or continuing a provincial body, program, fund or registry;

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

  • (d) provisions requiring or authorizing money to be spent from the General Revenue Fund of Saskatchewan or from other funds administered by Saskatchewan;

  • (e) provisions authorizing the Lieutenant-Governor in Council, a provincial 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;

  • (f) provisions authorizing any person or provincial official or body to expropriate any interest in lands; and

  • (g) provisions authorizing or imposing a tax or granting or authorizing a tax credit.

• Marginal note:Interpretation of incorporated laws

  (2) Despite paragraph (1)(b),

  • (a) a person appointed to a position under a law of Saskatchewan 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 as long as that person remains in that position under the law of Saskatchewan; and

  • (b) a provincial body, program, fund or registry established or continued under a law of Saskatchewan 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 persons, officials and bodies

  (3) For greater certainty, a person, provincial official or provincial body that has a power, duty or function under a law of Saskatchewan 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 34.

• Marginal note:Interpretation of incorporated laws

  (4) For greater certainty, if a law of Saskatchewan 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:Limitation on searches and inspections

16 A power to conduct searches or 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

17 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 Incorporated Laws

The Environmental Management and Protection Act, 2010

Marginal note:Adaptation to subsection 13(2)

18 In subsection 13(2) of The Environmental Management and Protection Act, 2010, a reference to “owner” is to be read as a reference to Her Majesty in right of Canada and the Black Lake First Nation.

Marginal note:Adaptation to subsection 34(2)

• 19 (1) Subsection 34(2) of the Act is to be read as follows:

  • (2) If the minister is satisfied that any sewage works will adversely affect any land other than the project lands, the minister shall provide a written request to the permit holder requiring the permit holder to:

    • (a) in respect of lands other than reserve lands,

      • (i) obtain from the registered owner of the other land, an easement, in the prescribed form,

      • (ii) obtain from any other person having a registered interest in the land mentioned in subclause (i) a consent to the granting of the easement,

      • (iii) apply to the Registrar of Titles to register the easement against the titles to the affected lands; and

    • (b) in respect of reserve lands situated outside the project lands, obtain an easement pursuant to the Indian Act.

• Marginal note:Adaptation to subsection 34(4)

  (2) In subsection 34(4) of the Act, a reference to “subsection (2)” is to be read as a reference to “clause (2)(a)”.

Marginal note:Adaptation to paragraph 50(1)(a)

20 Paragraph 50(1)(a) of the Act is to be read as follows:

• (a) on any land that is owned by another person or the Crown or on the project lands or any other Black Lake reserve lands; or

The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations

Marginal note:Adaptation to paragraph 1-7(1)(a)

• 21 (1) In paragraph 1-7(1)(a) of Chapter B.1.1 of the Appendix to The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations, a reference to “owner ” is to be read as a reference to Her Majesty in right of Canada and the Black Lake First Nation.

• Marginal note:Adaptation to paragraph 1-7(2)(a)

  (2) In paragraph 1-7(2)(a) of Chapter B.1.1 of the Appendix to the Regulations, a reference to “owner of adjacent land” is to be read as a reference to Her Majesty in right of Canada and the Black Lake First Nation.

Marginal note:Adaptation to paragraph 1-8(2)(a)

22 In paragraph 1-8(2)(a) of Part 1 of Chapter B.1.2 of the Appendix to the Regulations, a reference to “owner” is to be read to include Her Majesty in right of Canada and the Black Lake First Nation.