CONSOLIDATION

Black Lake First Nation Water Power Regulations

SOR/2019-131

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Black Lake First Nation Water Power Regulations

Interpretation 1

Definitions

Provincial – The Interpretation Act, 1995

Other expressions

Application of Laws 4

Incorporation by reference

Restriction – laws in force

Incorporation of procedural matters

Offences and penalties

Financial requirements under lease

Inapplicable Federal Regulations 9

Exclusion

Use and Occupation of Land 10

Lease, permit or easement

Water Rental 11

Payment

Transitional Provision 12

Survival of rights

Adaptations Applicable to Incorporated Laws 13

Statutes and regulations of Saskatchewan

Reference to Crown

Interpretation of incorporated laws

Limitation on searches and inspections

Limitation on production of documents

Current to June 20, 2022

ii

Black Lake First Nation Water Power Regulations TABLE OF PROVISIONS

Adaptations to Incorporated Laws The Environmental Management and Protection Act, 2010 18

Adaptation to subsection 13(2)

Adaptation to subsection 34(2)

Adaptation to paragraph 50(1)(a)

The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations 21

Adaptation to paragraph 1-7(1)(a)

Adaptation to paragraph 1-8(2)(a)

Adaptation to paragraphs 3-2(a) and 3-3(b)

The Ground Water Regulations 24

Adaptation to subsection 26(1)

The Hazardous Substances and Waste Dangerous Goods Regulations 25

Adaptation to subparagraph 15(1)(b)(i)

The Saskatchewan Employment Act 26

Adaptation to paragraph 3-1(1)(t)

The Uniform Building and Accessibility Standards Act 27

Adaptation to paragraph 2(1)(j.1)

Adaptation to subsection 21(3)

The Uniform Building and Accessibility Standards Regulations 29

Adaptation to subsection 11(1)

The Water Power Regulations 30

Adaptation to section 11

The Water Power Rental Regulations 31

Adaptation to subsection 3(1)

The Waterworks and Sewage Works Regulations 32

Adaptation to section 72

Coming into Force 33

Registration

SCHEDULE 1

Project Lands

Current to June 20, 2022

iv

Black Lake First Nation Water Power Regulations TABLE OF PROVISIONS

SCHEDULE 2

Incorporated Laws

Current to June 20, 2022

v

Registration SOR/2019-131

May 10, 2019

FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT DOMINION WATER POWER ACT

Black Lake First Nation Water Power Regulations

P.C. 2019-480

May 9, 2019

Whereas the Black Lake First 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 Acta, the Minister has received that resolution; Whereas the Black Lake First Nation is a first nation within the meaning of the First Nations Commercial and Industrial Development Acta; Whereas the purpose of the annexed Regulations is to ensure that the laws set out in Schedule 2 to the annexed Regulations apply as federal law to the project, 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 are to be performed; And whereas, in accordance with paragraph 5(1)(b) of the First Nations Commercial and Industrial Development Acta, an agreement has been concluded between the Minister of Indian Affairs and Northern Development, the Province of Saskatchewan and the council of the Black Lake First Nation for the administration and enforcement of the annexed Regulations by those provincial officials and bodies;

a

S.C. 2005, c. 53

Current to June 20, 2022

Black Lake First Nation Water Power Regulations

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 3b of the First Nations Commercial and Industrial Development Acta and paragraph 15(d) of the Dominion Water Power Actc, makes the annexed Black Lake First Nation Water Power Regulations.

b

S.C. 2012, c. 19, s. 63

a

S.C. 2005, c. 53

c

R.S., c. W-4

Current to June 20, 2022

Black Lake First Nation Water Power Regulations

Interpretation Definitions 1 The following definitions apply in these Regulations.

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

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.

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

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.

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Application of Laws Sections 5-8

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. 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.

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.

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.

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.

Financial requirements under lease 8 If the incorporated laws require a cash deposit or other financial security to be given, those requirements do not

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Application of Laws Sections 8-12

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 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 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 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.

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 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

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Transitional Provision Sections 12-15

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 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. 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.

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

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Adaptations Applicable to Incorporated Laws Sections 15-17

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

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.

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. 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.

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. 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.

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Adaptations to Incorporated Laws Sections 18-20

Adaptations to Incorporated Laws The Environmental Management and Protection Act, 2010 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. 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.

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)”. 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

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Adaptations to Incorporated Laws The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations Sections 21-25

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

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.

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. Adaptation to paragraphs 3-2(a) and 3-3(b) 23 In paragraphs 3-2(a) and 3-3(b) of Part 3 of Chapter C.3.1 of the Appendix to the Regulations, a reference to “landowner” is to be read to include Her Majesty in right of Canada and the Black Lake First Nation.

The Ground Water Regulations Adaptation to subsection 26(1) 24 In subsection 26(1) of The Ground Water Regulations, a reference to “landowner” is to be read to include Her Majesty in right of Canada.

The Hazardous Substances and Waste Dangerous Goods Regulations Adaptation to subparagraph 15(1)(b)(i) 25 In subparagraph 15(1)(b)(i) of The Hazardous Substances and Waste Dangerous Goods Regulations, the reference to the ““National Fire Code of Canada, 1990”, as revised, amended or substituted at the date of the coming into force of this subclause” is to be read as a reference to the ““National Fire Code of Canada, 2010”, as amended from time to time”.

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Adaptations to Incorporated Laws The Saskatchewan Employment Act Sections 26-28

The Saskatchewan Employment Act Adaptation to paragraph 3-1(1)(t) 26 The definition owner in paragraph 3-1(1)(t) of The

Saskatchewan Employment Act is to be read as follows: “owner” means: (i) any person to whom Her Majesty the Queen in right of Canada has granted a right in relation to the project, and includes any continuation of that person resulting from one or more amalgamations or reorganizations and any successor to that person; and (ii) any delegate, assignee, partnership, agent, sublessor, receiver, mortgagee or person who acts for or on behalf of a person mentioned in subclause (i).

The Uniform Building and Accessibility Standards Act Adaptation to paragraph 2(1)(j.1) 27 (1) The definition land surveyor in paragraph

2(1)(j.1) of The Uniform Building and Accessibility Standards Act is to be read as follows: (j.1) “land surveyor” means a Canada Lands Surveyor within the meaning of section 2 of the Canada Lands Surveyors Act; Adaptation to paragraph 2(1)(k) (2) The definition local authority in paragraph 2(1)(k) of

the Act is to be read without reference to “or” at the end of subparagraph (ii), with reference to “or” at the end of subparagraph (iii) and with reference to the following after subparagraph (iii): (iv) the Black Lake First Nation;

Adaptation to subsection 21(3) 28 Subsection 21(3) of the Act is to be read without reference to “and may be added to the tax payable on the property and collected in the same manner as taxes on the property”.

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Adaptations to Incorporated Laws The Uniform Building and Accessibility Standards Regulations Sections 29-31

The Uniform Building and Accessibility Standards Regulations Adaptation to subsection 11(1) 29 Subsection 11(1) of The Uniform Building and Accessibility Standards Regulations is to be read without paragraph (c).

The Water Power Regulations Adaptation to section 11 30 (1) Section 11 of The Water Power Regulations is to

be read with the following after subsection (1): (1.1) The corporation shall provide a copy of the notice

to Her Majesty in right of Canada. Adaptation to subsection 11(3) (2) Subsection 11(3) of the Regulations is to be read as follows: (3) After considering the representations mentioned in subsection (1), the corporation shall issue a written decision, serve a copy of the decision on the applicant or licensee and provide a copy of the decision to Her Majesty in right of Canada.

Adaptation to section 11 (3) Section 11 of the Regulations is to be read with the

following after subsection (5): (6) Nothing in this section shall be interpreted so as to

limit the ability of Her Majesty in right of Canada to bring a proceeding or take any enforcement measures that Her Majesty in right of Canada is entitled to bring or to take under federal legislation.

The Water Power Rental Regulations Adaptation to subsection 3(1) 31 (1) Subsection 3(1) of The Water Power Rental Regulations is to be read as follows: 3 (1) Every person who uses water for the purpose of producing water power using works, including persons who store water for the purpose of producing water power, shall pay the water rental calculated in accordance with these regulations of which 50% shall be paid to the corporation and 50% to Her Majesty in right of Canada.

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Adaptations to Incorporated Laws The Water Power Rental Regulations Sections 31-32

Adaptation to subsection 3(4) (2) Subsection 3(4) of the Regulations is to be read as follows: (4) Every licensee shall submit to the corporation and to Her Majesty in right of Canada all data required to calculate the water rental payable pursuant to these regulations.

Adaptation to subsection 3(8) (3) The portion of subsection 3(8) of the Regulations before paragraph (a) is to be read as follows: (8) The corporation and Her Majesty in right of Canada

may charge and collect interest on any water rental due to the corporation or Her Majesty in right of Canada, as the case may be, not paid in full by the date it is payable pursuant to these regulations at a rate equal to: Adaptation to subsection 3(9) (4) Subsection 3(9) of the Regulations is to be read as follows: (9) Any water rental not paid in full by the date on which

it is payable, together with any interest payable pursuant to subsection (8), is a debt due and owing to the corporation or Her Majesty in right of Canada, as the case may be, by the persons from whom it is payable, and the corporation or Her Majesty in right of Canada, as the case may be, may recover that debt in any manner allowed by law for the recovery of debts due to the Crown and Her Majesty in right of Canada. Adaptation to section 3 (5) Section 3 of the Regulations is to be read with the following after subsection (12): (13) All payments made to and interest collected by Her Majesty in right of Canada under this section shall be for the use and benefit of the Black Lake First Nation and shall be made payable and remitted to the Receiver General of Canada.

The Waterworks and Sewage Works Regulations Adaptation to section 72 32 In section 72 of The Waterworks and Sewage Works

Regulations, a reference to “clause 34(2)(a)” is to be read as a reference to “subclause 34(2)(a)(i)”.

Current to June 20, 2022

Black Lake First Nation Water Power Regulations Coming into Force Section 33

Coming into Force Registration 33 These Regulations come into force on the day on

which they are registered.

Current to June 20, 2022

Black Lake First Nation Water Power Regulations SCHEDULE 1 Project Lands

SCHEDULE 1 (Section 1)

Project Lands All surface lands within Chicken Indian Reserve No. 224, Province of Saskatchewan, depicted as Surface Zone A on Administrative Area Plan 104899 filed in the Canada Lands Surveys Records.

Current to June 20, 2022

Black Lake First Nation Water Power Regulations SCHEDULE 2 Incorporated Laws

SCHEDULE 2 (Section 1, subsection 6(1) and paragraph 15(1)(e))

Incorporated Laws The Environmental Management and Protection Act, 2010, S.S. 2010, c. E-10.22, other than subsections 13(3) and (4) and Division 1 of Part VI The Environmental Management and Protection (General) Regulations, R.R.S. c. E-10.22 Reg. 1, other than Part V The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations, R.R.S. c. E-10.22 Reg. 2 The Fire Safety Act, S.S. 2015, c. F-15.11, other than section 34 The Ground Water Regulations, Sask. Reg. 172/66 The Hazardous Substances and Waste Dangerous Goods Regulations, R.R.S. c. E-10.2 Reg. 3 The Occupational Health and Safety Regulations, 1996, R.R.S. c. O-1.1 Reg. 1 The Saskatchewan Employment Act, S.S. 2013, c. S-15.1, other than Parts II and V to VIII The Uniform Building and Accessibility Standards Act, S.S. 1983-84, c. U-1.2 The Uniform Building and Accessibility Standards Regulations, R.R.S. c. U-1.2 Reg. 5 The Water Power Regulations, R.R.S. c. W-6 Reg. 3 The Water Power Rental Regulations, R.R.S. c. W-6 Reg. 2 The Water Security Agency Act, S.S. 2005, c. W-8.1, other than sections 23 and 24, subsection 38(1), sections 39 to 42 and 64 to 66 and subsections 83(2) and (3) The Water Security Agency Regulations, R.R.S. c. W-8.1 Reg. 1 The Waterworks and Sewage Works Regulations, R.R.S. c. E-10.22 Reg. 3 The Workers’ Compensation Act, 2013, S.S. 2013, c. W-17.11, other than section 157 and subsection 159(1)

Current to June 20, 2022

