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Muskowekwan First Nation Solution Potash Mining Regulations



Category: under or relating to legislation
Organization: Indigenous and Northern Affairs Canada
Date: March 23, 2017

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SOR/2017-47 March 24, 2017

FIRST NATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENT ACT

Muskowekwan First Nation Solution Potash Mining Regulations

P.C. 2017-258 March 24, 2017

Whereas the Muskowekwan 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 Act (see footnote a), the Minister has received that resolution;

Whereas the Muskowekwan First Nation is a First Nation within the meaning of the First Nations Commercial and Industrial Development Act (see footnote b);

Whereas the intention of the annexed Regulations is to ensure that certain laws set out in Schedule 3 to these 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 must be performed;

And whereas, in accordance with paragraph 5(1)(b) of the First Nations Commercial and Industrial Development Act (see footnote c) an agreement has been concluded between the Minister of Indian Affairs and Northern Development, the Province of Saskatchewan and the council of the Muskowekwan First 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 3 (see footnote d) of the First Nations Commercial and Industrial Development Act (see footnote e), makes the annexed Muskowekwan First Nation Solution Potash Mining Regulations.

Muskowekwan First Nation Solution Potash Mining Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

incorporated laws means the statutes and regulations of Saskatchewan, or any portions of them, that are set out in Schedule 3, as amended from time to time and as adapted by sections 11 to 43. (texte législatif incorporé)

potash means all natural mineral salts of boron, calcium, lithium, magnesium, potassium, sodium, bromine, chlorine, fluorine, iodine, nitrogen, phosphorus and sulfur, and their compounds, occurring more than 60 m below the surface of the project lands. (potasse)

project means the exploration for potash and the development of potash located within the project lands and the construction, modification, operation, decommissioning, reclamation and abandonment of a solution potash mine on those project lands. (projet)

project lands means

  • (a) Muskowekwan First Nation reserve lands that are set out in Schedule 1;
  • (b) entitlement lands that are set out in Schedule 2 and that are added to the Muskowekwan First Nation Reserve under subsection 5(1) of the Claim Settlements (Alberta and Saskatchewan) Implementation Act; and
  • (c) road allowances that are adjacent to any lands set out in Schedule 1 or 2 and that are set apart as reserve lands for the use and benefit of the Muskowekwan First Nation under the Saskatchewan Treaty Land Entitlement Framework Agreement. (terres du projet)


  • Provincial 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 11 to 43 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.

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 11 to 43, the following are to be carried out in accordance with the laws of Saskatchewan, whether or not those laws have been set out in Schedule 3:

  • (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 that is taken, or of a failure to take an action that could have been taken, under an incorporated law; and
  • (d) any requirements for notice or service in relation to an action that is 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 that are 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 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 Indian Reserve Waste Disposal Regulations do not apply to the project.

Transitional Provision

Survival of rights

10 Any lease, permit, authorization, order or exemption – including any amendment to one – that is issued by a provincial official in relation to the project before the coming into force of these Regulations is considered to have been issued under these Regulations and to be valid for the purposes of these Regulations.

General Adaptations to Incorporated Laws

Statutes and regulations of Saskatchewan

11 Unless otherwise indicated, the statutes and regulations referred to in sections 16 to 43 are statutes and regulations of Saskatchewan.

Reference to Crown

12 For greater certainty, in the incorporated laws,

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

13 (1) 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, fund or registry;
  • (c) provisions relating to the internal management of a provincial body;
  • (d) provisions requiring or authorizing monies to be paid from the General Revenue Fund of Saskatchewan or from other funds administered by Saskatchewan;
  • (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 3;
  • (f) provisions authorizing any person, provincial official or provincial body to expropriate any interest in lands; and
  • (g) provisions authorizing or imposing a tax or granting or authorizing a tax credit.
  • Interpretation of incorporated laws
  • (2) Notwithstanding paragraph (1)(b),
  • (a) a person who is appointed to a position under a law of Saskatchewan 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 that is established or continued under a law of Saskatchewan incorporated by reference in these Regulations is considered to have been established or continued for the purposes of these Regulations.

Specified person, official or body

(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 16 to 43.

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

14 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.

Limitation on production of documents

15 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 Electrical Inspection Act, 1993

Adaptation to subsections 19(2), 21(3), etc.

16 In subsections 19(2), 21(3), 23(1) and (2), paragraph 26(1)(b) and subsection 26(3) of The Electrical Inspection Act, 1993, a reference to “owner” is to be read as a reference to “occupant”.

The Environmental Assessment Act

Adaptation to paragraph 7.4(c), section 12, etc.

17 In paragraph 7.4(c), the portion of section 12 before paragraph (a), paragraph 15(2)(c) and the portion of subsection 23(1) after paragraph (b) of the The Environmental Assessment Act, a reference to “person” or “persons”, as the case may be, is to be read to include Her Majesty in right of Canada.

The Environmental Management and Protection Act, 2010

Adaptation to subsection 13(2)

18 In subsection 13(2) of the 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 Muskowekwan 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, the 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 Muskowekwan reserve lands; or
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 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 Muskowekwan 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 Muskowekwan 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 Muskowekwan 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 Muskowekwan First Nation.

The Gas Inspection Act, 1993

Adaptation to paragraphs 11(1)(a), (b), etc.

24 In paragraphs 11(1)(a) and (b), the portion of subsection 11(2) before paragraph (a) and the portion of paragraph 25(1)(b) before subparagraph (i) of The Gas Inspection Act, 1993, a reference to “owner” is to be read as a reference to “occupant”.

Adaptation to subsection 25(3)

25 In subsection 25(3) of the Act, a reference to “owner” is to be read to include the occupant.

The Ground Water Regulations

Adaptation to subsection 26(1)

26 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)

27 In subparagraph 15(1)(b)(i) of the 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”.

The Oil and Gas Conservation Act

Adaptation to subsection 17.041(2)

28 (1) In subsection 17.041(2) of The Oil and Gas Conservation Act, a reference to “owner” is to be read to include Her Majesty in Right of Canada.

Adaptation to subsection 17.041(6)

(2) The portion of subsection 17.041(6) of the Act before paragraph (a) is to be read as follows:

(6) A person who enters on or passes over any land pursuant to subsection (1) shall compensate Her Majesty in right of Canada, for the use and benefit of the Muskowekwan First Nation, or the occupant for:

The Oil and Gas Conservation Regulations, 2012

Adaptation to paragraph 2(bb)

29 In the definition person in paragraph 2(bb) of The Oil and Gas Conservation Regulations, 2012, a reference to “government” is to be read to exclude the Government of Canada.

Adaptation to subparagraphs 39(1)(b)(i) and (ii), etc.

30 In subparagraphs 39(1)(b)(i) and (ii) and paragraphs 53(1)(b) and 55(3)(e) of the Regulations, a reference to “owner” is to be read to include Her Majesty in right of Canada.

The Pipelines Regulations, 2000

Adaptation to paragraph 4(1)(g)

31 In paragraph 4(1)(g) of The Pipelines Regulations, 2000, a reference to “surface landowners” is to be read to include Her Majesty in right of Canada.

The Railway Act

Adaptation to paragraph 22.1(7)(b)

32 In paragraph 22.1(7)(b) of The Railway Act, a reference to “municipality” is to be read as a reference to the “Muskowekwan First Nation”.

Adaptation to subsection 22.2(1)

33 (1) Subsection 22.2(1) of the Act is to be read as follows:

22.2(1) In this section, council means the council of the Muskowekwan First Nation.

Adaptation to subsection 22.2(2)

(2) Subsection 22.2(2) of the Act is to be read as follows:

(2) If a railway company decides to make a written offer pursuant to clause 22.1(7)(b), the railway company shall send the written offer to the minister and the council.

Adaptation to paragraphs 22.2(6)(a) and (b)

(3) Paragraphs 22.2(6)(a) and (b) of the Act are to be read as follows:

  • (a) the minister shall advise the council in writing; and
  • (b) the council may accept the written offer.

Adaptation to subsection 44(3)

34 Subsection 44(3) of the Act is to be read as follows:

(3) Where a railway company causes damage to land as a result of any action taken pursuant to subsection (1), it is liable to Her Majesty in right of Canada, for the use and benefit of the Muskowekwan First Nation, for the amount of those damages.

The Saskatchewan Employment Act

Adaptation to paragraph 3-1(1)(t)

35 The definition owner in paragraph 3-1(1)(t) of the 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, sub-lessor, receiver, mortgagee or person who acts for or on behalf of a person mentioned in subclause (i).
The Seismic Exploration Regulations, 1999

Adaptation to subsections 30(2), 34(3), etc.

36 In subsections 30(2), 34(3), 38(2) and 42(4) and paragraph 45(1)(b) of The Seismic Exploration Regulations, 1999, a reference to “owner” is to be read to include Her Majesty in right of Canada.

The Subsurface Mineral Conservation Regulations

Adaptation to portion of section 5

37 (1) The portion of section 5 of The Subsurface Mineral Conservation Regulations before paragraph (a) is to be read as follows:

5 Notwithstanding sections 112 and 113 of The Oil and Gas Conservation Regulations, 2012, any information with respect to the Prairie Evaporite that is required to be submitted for a well drilled pursuant to a well licence within the project lands remains confidential until the earlier of:

Adaptation to paragraph 5(b)

(2) Paragraph 5(b) of the Regulations is to be read as follows:

  • (b) the expiry of the potash permit or lease issued for the purpose of the project.
The Uniform Building and Accessibility Standards Act

Adaptation to paragraph 2(1)(j.1)

38 (1) The definition land surveyor in paragraph 2(1)(j.1) of the 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 as follows:

local authority means:

  • (i) a municipality;
  • (ii) a regional park authority within the meaning of The Regional Parks Act, 2013;
  • (iii) with respect to park land within the meaning of The Parks Act, the minister responsible for the administration of that Act; or
  • (iv) the Muskowekwan First Nation;

Adaptation to subsection 21(3)

39 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.”

The Uniform Building and Accessibility Standards Regulations

Adaptation to subsection 11(1)

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

The Water Security Agency Act

Adaptation to subsection 82(4)

41 Subsection 82(4) of The Water Security Agency Act is to be read as follows:

(4) On receipt of the notice served pursuant to clause (1)(a), the rights and obligations arising out of this Division apply to and enure to the benefit of, and are binding on, any person who received the notice.

Adaptation to subsection 83(7)

42 Subsection 83(7) of the Act is to be read as follows:

(7) On service of the order in accordance with subsection (3), the terms and conditions of and the rights and obligations under the order that is the subject of the notice are binding on the person to whom the order was originally directed and any successor to that person.

The Waterworks and Sewage Works Regulations

Adaptation to section 72

43 In section 72 of the 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)”.

Coming into Force

Registration

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

SCHEDULE 1

(Section 1)

Project Lands

Those lands consisting of

(a) all surface lands within Muskowekwan Reserve No. 85, Province of Saskatchewan, depicted as Surface Zones 1 to 10 (inclusive) on Administrative Area Plan 104619 filed in the Canada Lands Surveys Records;

(b) all mines and minerals within Muskowekwan Reserve No. 85, Province of Saskatchewan, in Mines and Mineral Zones A1, A2, B, C, D1 and D2 on Administrative Area Plan 105459 filed in the Canada Lands Surveys Records; and

(c) surface parcels and mineral parcels of entitlement lands that are reserve lands within Muskowekwan Reserve No. 85, Province of Saskatchewan, described below.

TABLE

No

Surface Parcel No

Mineral Parcel No

Quarter

Section

Township

Range

Meridian

IR No

OIC or MO Number

1

110911687

145231736

SE

19

26

14

2

85-59

2012-77

2

110855897

145231736

SE

19

26

14

2

85-59

2012-77

3

110911700

145231871

SW

19

26

14

2

85-59

2012-77

4

110855909

145231871

SW

19

26

14

2

85-59

2012-77

5

110911698

145231871

SW

19

26

14

2

85-59

2012-77

6

110856225

120580297

NW

29

26

14

2

85-39

2003-141

7

110911755

149554738

SW

29

26

14

2

85-39

2003-141

8

110856214

149554828

SW

29

26

14

2

85-39

2003-141

9

110856258

120580332

NW

30

26

14

2

85-37

2000-1150

10

110843771

164455904

SE

30

26

14

2

85-37

2000-1150

11

110911766

164455915

SE

30

26

14

2

85-37

2000-1150

12

110911777

164455892

SE

30

26

14

2

85-37

2000-1150

13

110856247

120580354

SW

30

26

14

2

85-37

2000-1150

14

110856292

114193357

NE

31

26

14

2

85-19

1998-638

15

110856281

114193368

NW

31

26

14

2

85-19

1998-638

16

110843782

120580309

SE

31

26

14

2

85-37

2000-1150

17

110856270

 

SW

31

26

14

2

85-47

2003-698

18

131758342

120580163

NE

32

26

14

2

85-12

1997-501

19

131758353

120580163

NE

32

26

14

2

85-12

1997-501

20

110856315

152755353

NW

32

26

14

2

85-39

2002-425

21

110856304

120580174

SE

32

26

14

2

85-12

1997-501

22

110843793

120580321

SW

32

26

14

2

85-39

2002-425

23

110856359

164396548

NE

33

26

14

2

85-12

1997-501

24

151127647

 

SE

5

27

14

2

85-46

2009-263

25

114247931

114247942

SE

6

27

14

2

85-21

1998-638

26

112972541

114229830

SW

6

27

14

2

85-21

1998-638

27

112994095

152715179

NE

7

27

14

2

85-26

1998-637

28

113002535

152715618

NE

17

27

14

2

85-10

1997-112

29

112994398

152715180

SE

18

27

14

2

85-26

1998-637

30

112994512

152716080

NE

21

27

14

2

85-15

1997-1923

31

112994499

145609241

SW

21

27

14

2

85-51

2008-1628

32

152310204

152372662

SE

23

27

14

2

85-1

1997-112

33

152310204

152372662

SE

23

27

14

2

85-1

1996-98

34

152310215

152372673

SW

23

27

14

2

85-1

1997-112

35

164091539

164805756

NE

25

27

14

2

85-67

MO 2011-006

36

164091551

164805600

NE

25

27

14

2

85-67

MO 2011-006

37

112993296

114229829

NW

27

27

14

2

85-20

1998-638

38

112993285

 

SW

27

27

14

2

85-62

2009-1241

39

152310248

152372886

NE

28

27

14

2

85-15

1997-1923

40

152310226

152372886

NE

28

27

14

2

85-15

1997-1923

41

152310260

152372886

NE

28

27

14

2

85-15

1997-1923

42

152310237

152372886

NE

28

27

14

2

85-15

1997-1923

43

152310259

152372886

NE

28

27

14

2

85-15

1997-1923

44

152310271

152372886

NE

28

27

14

2

85-15

1997-1923

45

152310293

152372886

NE

28

27

14

2

85-15

1997-1923

46

152310282

152372886

NE

28

27

14

2

85-15

1997-1923

47

112993331

152372853

NW

28

27

14

2

85-2A

1997-112

48

112993319

152372897

SE

28

27

14

2

85-15

1997-1923

49

112993320

152372909

SW

28

27

14

2

85-8

1996-1696

50

112993386

152372921

NE

29

27

14

2

85-15

1997-1923

51

112993375

152372932

NW

29

27

14

2

85-15

1997-1923

52

112993353

152372943

SE

29

27

14

2

85-15

1997-1923

53

112993364

152372998

SW

29

27

14

2

85-10

1997-112

54

112993421

149554918

NE

30

27

14

2

85-48

2003-698

55

112993410

152381583

NW

30

27

14

2

85-10

1997-112

56

112993397

152381594

SE

30

27

14

2

85-10

1997-112

57

152310305

152381606

SW

30

27

14

2

85-10

1997-112

58

112993465

152373078

NE

31

27

14

2

85-10

1997-112

59

112993454

152373089

NW

31

27

14

2

85-10

1997-112

60

112993498

152373157

NW

32

27

14

2

85-10

1997-112

61

112993487

152373168

SW

32

27

14

2

85-10

1997-112

62

164091540

164805666

SE

36

27

14

2

85-67

MO 2011-006

63

164091528

164805767

SE

36

27

14

2

85-67

MO 2011-006

64

164091595

164805633

SE

36

27

14

2

85-67

MO 2011-006

65

112981710

152376677

NW

2

27A

14

2

85-17

1997-1923

66

112981754

152376688

NE

3

27A

14

2

85-17

1997-1923

67

112970325

152376699

NW

3

27A

14

2

85-17

1997-1923

68

112970336

152454203

NW

4

27A

14

2

85-27

1998-1535

69

112981776

152454214

SW

4

27A

14

2

85-12

1997-501

70

112981811

152454236

NE

5

27A

14

2

85-22

1998-637

71

112981798

152454270

SE

5

27A

14

2

85-24

1998-637

72

112981800

152454281

SW

5

27A

14

2

85-36

2000-1150

73

112970358

152454292

NE

6

27A

14

2

85-28

1999-346

74

112981844

114304609

NW

6

27A

14

2

85-40

2003-698

75

112981822

152454304

SE

6

27A

14

2

85-28

1999-346

76

112981833

149965127

SW

6

27A

14

2

85-40

2003-698

77

112970369

152454326

NE

7

27A

14

2

85-57

2009-831

78

112981877

114229841

NW

7

27A

14

2

85-21

1998-638

79

112981855

152454337

SE

7

27A

14

2

85-28

1999-346

80

112981866

114229852

SW

7

27A

14

2

85-21

1998-638

81

112973654

152598886

NE

8

27A

14

2

85-28

1999-346

82

113109814

152598875

NE

8

27A

14

2

85-28

1999-346

83

112981901

152598897

NW

8

27A

14

2

85-28

1999-346

84

112981888

152454371

SE

8

27A

14

2

85-28

1999-346

85

152376723

152376813

SW

9

27A

14

2

85-27

1998-1535

86

152376655

152376701

SE

10

27A

14

2

85-17

1997-1923

87

152376666

152376712

SE

10

27A

14

2

85-17

1997-1923

88

112971382

152143231

NW

11

28

14

2

85-31

1999-346

89

113002007

152143365

NW

14

28

14

2

85-31

1999-346

90

112990136

152143376

SW

14

28

14

2

85-31

1999-346

91

113002018

152143387

NE

15

28

14

2

85-31

1999-346

92

110292027

114145129

SW

10

26

15

2

85-21

1998-638

93

110292072

114145152

NW

11

26

15

2

85-21

1998-638

94

109980120

114193335

NE

15

26

15

2

85-21

1998-638

95

 

114193324

NE

15

26

15

2

85-21

1998-638

96

110292229

114193346

NW

15

26

15

2

85-21

1998-638

97

109933072

111421628

SE

15

26

15

2

85-58

2009-622

98

108648872

114145141

SW

15

26

15

2

85-21

1998-638

99

110292218

114145141

SW

15

26

15

2

85-21

1998-638

100

110241267

120851298

SE

24

26

15

2

85-59

2012-77

101

110241357

120933514

NE

26

26

15

2

85-29

1999-346

102

110241380

 

NE

27

26

15

2

85-52

2005-414

103

108648962

 

NW

27

26

15

2

85-52

2005-414

104

110241379

 

NW

27

26

15

2

85-52

2005-414

105

110241414

120850905

NE

28

26

15

2

85-3

1996-925

106

110241560

145369132

NE

33

26

15

2

85-3

1996-925

107

 

145369176

NE

33

26

15

2

85-3

1996-925

108

110241548

145369187

SE

33

26

15

2

85-3

1996-925

109

110241593

120851119

NE

34

26

15

2

85-5

1996-1696

110

108649020

165300386

NW

34

26

15

2

85-25

1998-1535

111

110341033

165300397

NW

34

26

15

2

85-25

1998-1535

112

110241627

120851377

NE

35

26

15

2

85-29

1999-0346

113

108649031

145369222

NW

35

26

15

2

85-60

2010-490

114

110341044

145369233

NW

35

26

15

2

85-60

2010-490

115

 

145369244

NW

35

26

15

2

85-60

2010-490

116

110241650

120851388

NE

36

26

15

2

85-33

1999-1134

117

110341055

152755364

NW

36

26

15

2

85-39

2002-425

118

110241638

120851366

SE

36

26

15

2

85-27

1998-1535

119

112986265

152397579

NE

20

27

15

2

85-30

1998-1535

120

112986232

152397580

SE

20

27

15

2

85-30

1998-1535

121

152414670

152397636

NW

21

27

15

2

85-34

2000-1150

122

112986287

152397647

SW

21

27

15

2

85-34

2000-1150

123

112973362

152397658

NE

22

27

15

2

85-4

1996-925

124

113109791

164805969

SE

22

27

15

2

85-4

1996-925

 

Except those school lands including mines and minerals shown as Lot 1 Plan 102664 C.L.S.R. 102208621 S.L.S.D. within SE-22-27-15-2

125

112971461

164805970

SE

22

27

15

2

85-4

1996-925

126

112986344

152397681

NE

23

27

15

2

85-11

1997-112

127

112986333

152397692

SE

23

27

15

2

85-11

1997-112

128

112973597

152397704

SW

23

27

15

2

85-4

1996-925

 

Except Mines and Minerals under Parcel A shown on Plan 62H04156 S.L.S.D. and Plan 64942 C.L.S.R. within SW-23-27-15-2

129

112986467

152397715

NE

26

27

15

2

85-9

1996-1696

130

112986456

152397726

NW

26

27

15

2

85-9

1996-1696

131

153155651

152397737

SE

26

27

15

2

85-9

1996-1696

132

112980405

152247911

NE

1

27A

15

2

85-38

2000-1150

133

112980393

152247922

NW

1

27A

15

2

85-38

2000-1150

134

112970189

152247933

SE

1

27A

15

2

85-29

1996-0346

135

112980382

152247955

SW

1

27A

15

2

85-41

2001-2328

136

135887439

135811537

NE

2

27A

15

2

85-5

1996-1696

137

135887383

135887394

NE

2

27A

15

2

85-61

2009-1761

138

112980427

152248002

NW

2

27A

15

2

85-25

1998-1535

139

112980461

152248024

NE

3

27A

15

2

85-25

1998-1535

140

112980450

114304654

NW

3

27A

15

2

85-42

2003-698

141

112980449

152248035

SE

3

27A

15

2

85-25

1998-1535

142

112970202

149965206

SW

3

27A

15

2

85-40

2003-698

143

112980483

152248057

NW

4

27A

15

2

85-7

1996-1696

144

112979256

152248327

NE

8

27A

15

2

85-32

1998-1716

145

112979245

165210487

NW

8

27A

15

2

85-32

1998-1716

146

113109577

165210498

NW

8

27A

15

2

85-32

1998-1716

147

152248259

152755342

SE

8

27A

15

2

85-44

2002-425

148

112979290

149965026

NE

9

27A

15

2

85-42

2003-698

149

113109601

165210588

NW

9

27A

15

2

85-35

1999-1675

150

112979289

165210599

NW

9

27A

15

2

85-35

1999-1675

151

112979278

152248068

SW

9

27A

15

2

85-7

1996-1696

152

152248394

152248406

NE

10

27A

15

2

85-5

1996-1696

153

112979324

152248439

NW

10

27A

15

2

85-16

1997-1923

154

164196344

152248417

SE

10

27A

15

2

85-5

1996-1696

155

164196355

152248417

SE

10

27A

15

2

85-5

1996-1696

156

152248451

152248417

SE

10

27A

15

2

85-5

1996-1696

157

152248428

152248440

SW

10

27A

15

2

85-16

1997-1923

158

164196388

152248440

SW

10

27A

15

2

85-16

1997-1923

159

152307682

165210612

NE

11

27A

15

2

85-38

2000-1150

160

152307671

165210623

NE

11

27A

15

2

85-38

2000-1150

161

152248495

152248507

NW

11

27A

15

2

85-5

1996-1696

162

112979335

149965059

SE

11

27A

15

2

85-40

2003-698

163

112979346

152248518

SW

11

27A

15

2

85-5

1996-1696

164

152248529

152248530

NE

12

27A

15

2

85-23

1999-785

165

112979380

154327136

NW

12

27A

15

2

85-54

2007-568

166

113109409

154327125

NW

12

27A

15

2

85-54

2007-568

167

112983981

152250803

NE

3

28

15

2

85-66

2010-280

168

112984207

152251062

NE

9

28

15

2

85-66

2010-280

169

112984184

152251084

SE

9

28

15

2

85-66

2010-280

170

112984195

152251095

SW

9

28

15

2

85-66

2010-280

171

112984230

152251107

NE

10

28

15

2

85-66

2010-280

172

112970594

152251118

NW

10

28

15

2

85-66

2010-280

173

112984229

152251130

SW

10

28

15

2

85-66

2010-280

174

147730002

147730013

NW

1

27

16

2

85-53

2006-262

175

153059395

153088511

NW

1

27

16

2

85-53

2006-262

176

153059407

153088522

NW

1

27

16

2

85-53

2006-262

177

147730024

147730035

NW

1

27

16

2

85-53

2006-262

178

153059429

153088544

NW

1

27

16

2

85-53

2006-262

179

153059418

153088533

NW

1

27

16

2

85-53

2006-262

180

147730046

147730057

NW

1

27

16

2

85-53

2006-262

181

112998527

153086665

SW

1

27

16

2

85-6

1996-1696

182

113108745

153086676

SW

1

27

16

2

85-6

1996-1696

183

113003031

152224770

SE

2

27

16

2

85-6

1996-1696

184

112998561

152224781

SW

2

27

16

2

85-6

1996-1696

185

113003053

152224860

NW

7

27

16

2

85-13

1997-112

186

112996154

152225074

NE

17

27

16

2

85-13

1997-112

187

112996143

152225085

NW

17

27

16

2

85-13

1997-112

188

112996121

152225096

SE

17

27

16

2

85-13

1997-112

189

112996132

152225108

SW

17

27

16

2

85-13

1997-112

190

112996165

165150143

SE

18

27

16

2

85-13

1997-112

191

113108790

165150154

SE

18

27

16

2

85-13

1997-112

192

152334862

165150200

NW

22

27

16

2

85-14

1997-1923

193

152334873

165150211

NW

22

27

16

2

85-14

1997-1923

194

164199527

165150211

NW

22

27

16

2

85-14

1997-1923

195

112996323

152225265

SE

22

27

16

2

85-14

1997-1923

196

112996334

152225287

SW

22

27

16

2

85-14

1997-1923

197

120472286

114247953

NE

23

27

16

2

85-18

1998-638

198

112996367

120472231

SE

23

27

16

2

85-18

1998-638

199

112996378

152225276

SW

23

27

16

2

85-14

1997-1923

200

112979953

165085678

NE

10

27A

16

2

85-6

1996-1696

201

112979942

165085689

SE

10

27A

16

2

85-6

1996-1696

202

112979997

152267340

NE

11

27A

16

2

85-6

1996-1696

203

112979986

152267351

NW

11

27A

16

2

85-6

1996-1696

204

112979964

165085724

SE

11

27A

16

2

85-6

1996-1696

205

113109465

165085746

SE

11

27A

16

2

85-6

1996-1696

206

113109454

165085735

SE

11

27A

16

2

85-6

1996-1696

207

112979975

152267373

SW

11

27A

16

2

85-6

1996-1696

SCHEDULE 2

(Section 1)

Entitlement Lands

TABLE

No

Quarter

Section

Township

Range

Meridian

1

NE

18

27

13

2

2

NW

18

27

13

2

3

NW

19

27

13

2

4

SE

19

27

13

2

5

SW

19

27

13

2

6

SW

30

27

13

2

7

NW

2

27

14

2

8

NE

3

27

14

2

9

NW

3

27

14

2

10

NE

4

27

14

2

11

NW

4

27

14

2

12

SE

4

27

14

2

13

NE

5

27

14

2

14

NW

5

27

14

2

15

NW

7

27

14

2

16

SE

7

27

14

2

17

SW

7

27

14

2

18

NE

8

27

14

2

19

NW

8

27

14

2

20

SE

8

27

14

2

21

SW

8

27

14

2

22

NE

9

27

14

2

23

NW

9

27

14

2

24

SE

9

27

14

2

25

SE

10

27

14

2

26

NW

14

27

14

2

27

SE

15

27

14

2

28

NE

16

27

14

2

29

NW

16

27

14

2

30

NW

17

27

14

2

31

SE

17

27

14

2

32

SW

17

27

14

2

33

NE

18

27

14

2

34

NW

18

27

14

2

35

SW

18

27

14

2

36

NE

19

27

14

2

37

NW

19

27

14

2

38

SE

19

27

14

2

39

SW

19

27

14

2

40

NE

20

27

14

2

41

NW

20

27

14

2

42

SE

20

27

14

2

43

SW

20

27

14

2

44

NW

21

27

14

2

45

SE

21

27

14

2

46

SE

22

27

14

2

47

SW

22

27

14

2

48

NE

24

27

14

2

49

NW

24

27

14

2

50

SW

25

27

14

2

51

NW

26

27

14

2

52

SE

26

27

14

2

53

SW

26

27

14

2

54

SE

31

27

14

2

55

SW

31

27

14

2

56

SE

32

27

14

2

57

NE

34

27

14

2

58

SE

34

27

14

2

59

SW

34

27

14

2

60

SW

20

27

15

2

61

NE

21

27

15

2

62

SE

21

27

15

2

63

NW

22

27

15

2

64

SW

22

27

15

2

65

NW

23

27

15

2

66

NE

25

27

15

2

67

NW

25

27

15

2

68

SE

25

27

15

2

69

SW

25

27

15

2

70

SW

26

27

15

2

71

NE

27

27

15

2

72

NW

27

27

15

2

73

SE

27

27

15

2

74

SW

27

27

15

2

75

NE

34

27

15

2

76

NW

34

27

15

2

77

SE

34

27

15

2

78

SW

34

27

15

2

79

SE

1

28

15

2

80

SW

1

28

15

2

81

SE

2

28

15

2

82

SW

2

28

15

2

SCHEDULE 3

(Section 1, subsection 6(1) and paragraph 13(1)(e))

Incorporated Laws

  • The Boiler and Pressure Vessel Act, 1999, S.S. 1999, c. B-5.1
  • The Boiler and Pressure Vessel Regulations, R.R.S. c. B-5.1 Reg. 1
  • The Electrical Code Regulations, R.R.S. c. E-6.3 Reg. 16
  • The Electrical Inspection Act, 1993, S.S. 1993, c. E-6.3
  • The Environmental Assessment Act, S.S. 1979-80, c. E-10.1
  • 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 Gas Inspection Act, 1993, S.S. 1993, c. G-3.2
  • 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 Mineral Industry Environmental Protection Regulations, 1996, R.R.S. c. E-10.2 Reg. 7
  • The Mineral Resources Act, 1985, S.S. 1984-85-86, c. M-16.1, other than the definition Crown mineral lands in paragraph 2(1)(c)
  • The Mines Regulations, 2003, R.R.S. c. O-1.1 Reg. 2
  • The Occupational Health and Safety Regulations, 1996, R.R.S. c. O-1.1 Reg. 1
  • The Oil and Gas Conservation Act, R.S.S. 1978, c. O-2, other than subsection 17.041(7)
  • The Oil and Gas Conservation Regulations, 2012, R.R.S. 1978, c. O-2, Reg. 6
  • The Passenger and Freight Elevator Act, R.S.S. 1978, c. P-4
  • The Pipelines Act, 1998, S.S. 1998, c. P-12.1, other than subsections 13(1) and (2), sections 15 and 16
  • The Pipelines Regulations, 2000, R.R.S. c. P-12.1 Reg. 1, other than section 24
  • The Railway Act, S.S. 1989-90, c.R-1.2, other than paragraph 30(2)(a), section 41, subsections 42(1), (2), (4) and (5) and subsection 44(2)
  • The Saskatchewan Employment Act, S.S. 2013, c. S-15.1, other than Parts II and V to VIII
  • The Seismic Exploration Regulations, 1999, R.R.S. c. M-16.1 Reg. 2
  • The Subsurface Mineral Conservation Regulations, R.R.S. c. M-16.1 Reg. 5
  • 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 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 82(3) and (6) and 83(6), (8) and (9)
  • 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)

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Muskowekwan First Nation submitted a proposal to Indigenous and Northern Affairs Canada requesting the creation of regulations under the authority of the First Nations Commercial and Industrial Development Act (“FNCIDA”) for a solution potash mine development on Muskowekwan First Nation reserve lands.

The Government of Canada does not have a regulatory regime specifically designed to regulate a potash mine on-reserve. The existing Indian Mining Regulations and Indian Act are insufficient to appropriately manage the complex and large-scale development and operation of a potash mine on reserve land. The Province of Saskatchewan has a comprehensive regulatory regime for potash mining, and although some provincial laws of general application will apply, essential elements of the provincial laws and regulations affecting potash mining will not apply on First Nation reserve lands.

Regulations made pursuant to FNCIDA are necessary to close the regulatory gap in areas such as environmental management and protection, gas inspection, hazardous substances and waste, dangerous goods, and uniform building and accessibility standards, among others. Without adopting a regulatory regime that is compatible with the regime that applies to potash mines off reserve lands, the developer, Encanto Potash Corporation, or any other developer will likely be discouraged from investing in this on-reserve economic opportunity due to the uncertainty of what regulatory regime, if any, will apply.

Background

First Nations Commercial and Industrial Development Act

Increasingly, First Nations across Canada are developing plans for complex commercial and industrial development projects on-reserve. A lack of adequate regulations for such development on-reserve land leads to regulatory uncertainty that can discourage investment in such large projects and hinder economic development. These projects have economic benefits such as employment and business opportunities for First Nation members, and create significant ongoing revenue for First Nation governments. Large scale industrial projects contribute to the economy of the surrounding region, providing employment opportunities and generating tax revenues that benefit all Canadians.

In 2006, FNCIDA came into force to facilitate economic development on-reserve by addressing regulatory gaps. FNCIDA enables the Government of Canada to create a regulatory regime for a specific project, on a specific piece of reserve land, by legislatively replicating or incorporating by reference relevant provincial laws. In practice, this means that projects under FNCIDA are required to meet standards that are substantially similar to those that apply in the rest of the province where the reserve is located. The use of FNCIDA removes legal uncertainty and risk, enhancing confidence for First Nation people, investors, developers and the public by ensuring that they are dealing with regulations and regulators that they know and understand.

FNCIDA requires that a tripartite agreement between the Muskowekwan First Nation, the Province of Saskatchewan and the Government of Canada be entered into prior to the making of the Regulations. This tripartite agreement ensures that provincial officials can perform administrative, monitoring, compliance and enforcement activities with respect to the project on specified reserve lands that are used for the project. Provincial officials will perform these activities as they do for similar projects located off reserves.

Muskowekwan First Nation Solution Potash Mining Proposal

The Muskowekwan First Nation has requested that the federal government use FNCIDA to address the regulatory gap with respect to the development of a solution potash mine on its reserve. The proposal being pursued by the First Nation is a joint venture with Encanto Potash Corporation to mine potash located under Muskowekwan First Nation lands from the Prairie Evaporite Formation’s Belle Plaine and Patience Lake potash reserves, using a solution mining technique. Solution mining extracts potash using wells and circulating fluids, instead of using shafts and conventional underground mining. The solution potash mine will produce potassium chloride — up to 2.8 million tonnes annually for over 50 years — for shipment via railcars for distribution. Once this project is under way, over 1 000 construction jobs could be generated during the expected three years of mine development, and approximately 500 permanent mining-related jobs will be created when the mine is fully operational.

The Muskowekwan First Nation is also pursuing a demonstration project to prove a new technology for selective potash mining. The technology uses a novel method of extracting potash with 80% less water consumption, no salt tailings left behind on the surface, and low capital and operating costs. The demonstration project will entail the extraction of 100 000 tonnes per year of potash, increasing to 500 000 tonnes per year if the technology is viable. The project will have a shortened construction period of less than a year and will use an existing exploration well. This demonstration project will generate several dozen full time jobs. Should the new technology be proven viable, it could represent a significant technological advance in potash mining.

Objectives

The primary goals of the Regulations are to

  • ensure that impacts related to the environment, health and safety and other impacts common to potash mining are effectively managed;
  • address legislative and regulatory barriers to economic development in First Nations communities; and
  • provide certainty for investors, developers and the public while minimizing costs.

Description

The Regulations reproduce, with some minor adaptations, the regulatory regime of the Province of Saskatchewan applicable to solution potash mines located on provincial land. Key provisions contained in the Regulations relate to emergency responses, facility operations, containment, storage, transmission, and the treatment or disposal of any substance that arises from potash mining activity. The Regulations will only apply to the “project” on Muskowekwan reserve lands, as “project” is defined in section 1 of the Muskowekwan First Nation Solution Potash Mining Regulations, and will not apply to other First Nations, other reserve lands or other federal lands. The Regulations and tripartite agreement are structured with enough flexibility to allow either the demonstration or larger-scale solution potash mining project, or both, to proceed.

To ensure the ongoing consistency of the regulatory environment for the Muskowekwan solution potash mine with the off-reserve environment, the incorporation of provincial laws are stipulated to be applicable “as amended from time to time.” As a result, the Regulations will evolve as the provincial law evolves. It is expected that amendments to the Regulations will be required only if the Province of Saskatchewan were to create an entirely new statute or regulation, or if relevant changes to the Province of Saskatchewan’s existing laws necessitate new adaptations to the Regulations.

The Regulations are the fourth regulatory proposal brought forward under FNCIDA. Together with a Canada–Saskatchewan–Muskowekwan First Nation tripartite agreement, they create a comprehensive regulatory regime for solution potash mining on the Muskowekwan First Nation reserve. The tripartite agreement was signed on January 27, 2016.

“One-for-One” Rule

The Government of Canada is committed to controlling any new administrative burden on business resulting from regulations.

The Regulations will only apply to the “project” on Muskowekwan reserve lands, as “project” is defined in section 1 of the Muskowekwan First Nation Solution Potash Mining Regulations.

The Regulations are enabling regulations and serve to facilitate commercial activity. They do not impose new burden on business as there currently is no potash mine operating on the reserve. The regulated proponent can choose whether or not to pursue the regulated activity and meet the associated requirements. As a result, the “One-for-One” Rule does not apply to this proposal.

Small business lens

The Government of Canada is committed to respecting the sensitivity of small businesses to the impacts of regulations.

The Regulations will only apply to the potash mining operations on the project lands, which will initiate business development opportunities, rather than impose new burdens or costs on existing small businesses.Existing small businesses could benefit from increased commercial activity associated with the project. As a result, the small business lens does not apply to this proposal.

Consultation

The parties primarily affected by the Regulations are the Muskowekwan First Nation; Muskowekwan Resources Limited (owned by the Muskowekwan First Nation) and its partner, Encanto Potash Corporation, as proponent in the development; the Province of Saskatchewan, which will administer and enforce the regulatory regime; the Government of Canada and the population of surrounding communities, including the rural municipalities of Touchwood, Kellross, Emerald and Mount Hope, the First Nation communities of Okanese and George Gordon, and the Lestock Métis community.

The Regulations, which are specific to the project, were made under FNCIDA at the request of the Muskowekwan First Nation and supported by a Band Council Resolution in July of 2012 and subsequently in May of 2016. Officials representing the Muskowekwan First Nation and the Province of Saskatchewan have collaborated throughout the drafting process and are parties to the tripartite agreement. Community members of the Muskowekwan First Nation have provided their strong support demonstrated by allocating the lands for the potash development via the Indian Act land designation voting process.

Support of the project from surrounding communities is also high due to the influx of economic opportunities associated with a project of this magnitude. During the construction phase of the project, it is estimated that in excess of one thousand job opportunities will be created, and the operational phase will generate hundreds of further employment opportunities. This influx of employment will also have positive effects on local economy, and will create new opportunities for entrepreneurial endeavours, and increases in local revenues.

When the project proposal was submitted to the federal government in December of 2012, a potash mine was considered a “designated project” under the Canadian Environmental Assessment Act,which triggered a federal environmental assessment process. In October of 2013, the Government of Canada amended the Regulations Designating Physical Activities to align them with the Canadian Environmental Assessment Act. As a result, the amended Regulations delisted potash mining as a designated activity requiring an environmental assessment. The Canadian Environmental Assessment Agency (CEAA) then terminated the environmental assessment process for the Muskowekwan potash mine project, and it was taken up by the provincial environmental assessment process.

However, before the CEAA terminated the environmental assessment process, the project proposal was posted on their website for comments. The comments received were generally positive; however, there were submissions made by two First Nation communities, one Métis group, and one environmental group.

The concerns that were raised through the CEAA environmental assessment process included potential effects of the project on quality and quantity of surface water and on water tables; salt stockpiles leaching into groundwater and being transferred by wind and extreme weather; impacts on wildlife; potential greenhouse gas emissions; and impacts of flooding. There were also specific concerns from the Métis group relating to right of access and potential damage to a Métis historical site. This site, referred to as the Chicago Line or Little Chicago, is located within the project area and used for traditional purposes (foraging, hunting, and other cultural and traditional activities). Social and economic impacts relating to the potential for increased instances of intoxicant availability and criminal activity in conjunction with population increases, and transient population growth were also raised.

The rights-based comments raised by the First Nation and Métis groups are being addressed through Indigenous and Northern Affairs Canada’s (INAC) dedicated consultation and accommodation process as they are not strictly related to the regulatory development for the mine, but more a result of the project itself, and the land use. The consultation and accommodation process makes certain that mitigation measures are in place to ensure that potential or existing Aboriginal or Treaty rights are not negatively impacted.

At the beginning of INAC’s consultation and accommodation process in 2013, contact with Indigenous stakeholders provided introductions to INAC’s role and process for engagement, and offered stakeholders the opportunity to apply to the Aboriginal Participation Fund — a fund whose purpose is to help defray potential costs associated with the engagement process, so that cost is not a deterrent to concerned rights holders participating. INAC has met with potentially affected Indigenous communities to discuss the project to date and these discussions will continue into the second draft of the project’s provincial environmental assessment report submission, and as the project moves into the pre-development phase.

Prepublication

The Regulations were prepublished in the Canada Gazette, Part I, on June 25, 2016, and in the First Nations Gazette, Part I, on July 5, 2016, for their respective 30-day comment periods. No comments were received as a result of the First Nations Gazette comment period.

INAC received one comment from a citizen following prepublication in Part I of the Canada Gazette relating to sufficient notice of the Regulations, the applicability of the First Nations Certainty of Land Title Act with regards to the proposed potash mine project, and the requirements regarding an environmental assessment for the proposed project.

Key stakeholders — including the Muskowekwan Band Council and the Province of Saskatchewan — have been engaged throughout the regulatory development process since the project’s inception in 2012.

Furthermore, the First Nations Certainty of Land Title Act is not applicable to this particular project because regulations designed to govern a potash mine do not change the tenure of land or involve land titles registration.

Finally, the Province of Saskatchewan is currently undertaking its environmental assessment of the potash project under the province’s Environmental Assessment Act. Any potential adverse effects of the project must be mitigated before it is allowed to proceed. Also, because the project will be located entirely on reserve lands, which are federal lands subject to the Indian Act, INAC is required to authorize the project under the Indian Mining Regulations, the Indian Act, and the Indian Reserve Disposal Regulations. INAC is therefore required to evaluate the environmental effects of the project under section 67 of the Indian Act. Issues of an environmental nature that are raised in the federal assessment process will also be addressed through the provincial process.

Department officials responded directly to the stakeholder to provide clarification and information on the concerns that were raised. No changes were made to the Regulations based on the stakeholder’s comments.

During the review period following prepublication, an inconsistency was identified between the project land description presented in the initial project proposal with the description filed in the Canada Lands Survey System. This resulted in the unintended omission of mineral interests in the land descriptions in Schedule 1, paragraph (b) of the draft Regulations that were prepublished. To correct this error, with stakeholder agreement, the Administrative Area Plan and the project lands description as identified in Schedule 1, paragraph (b) of the Regulations were amended to describe the areas of the new Administrative Area Plan and registration number of the Canada Lands Survey System. This amendment ensures that, as originally intended and consistent with stakeholder consultations and expectations, the Regulations will apply to all of the surface and subsurface lands identified as project lands for the mining operations.

Rationale

The Government of Canada does not have a regulatory regime specifically designed to regulate a potash mine on-reserve, and the existing Indian Mining Regulations are not adequate to appropriately manage the complex development and operation of a potash mine on-reserve.

Creating the Regulations contributes to the Government of Canada’s strategic outcome of facilitating the sustainable use of First Nation community lands and resources. The Regulations allow for the adoption of a modern, robust regulatory regime to close the regulatory gap for the potash development that exists between federal and provincial lands. Filling this regulatory gap provides worker health and safety and environmental protection for the project lands and surrounding area.

The Regulations will also advance closing the economic gap for First Nations by providing both direct and indirect economic benefits to the Muskowekwan First Nation. Although the creation of these Regulations does not ensure the project will go ahead, without them the project could not go ahead. The Regulations level the playing field between the off-reserve and on-reserve regulatory environments, making the reserve land more attractive for investment. The indirect benefits of the Regulations include resource revenue for the First Nation, increased employment and economic development opportunities for the First Nation and surrounding communities, and royalty revenues. These benefits are not quantified, as they are secondary benefits of the Regulations.

The regulatory approach of incorporating by reference the provincial regulatory regime for potash mining is significantly more cost-effective than creating a new federal regime to regulate the project. The province already has a well-established potash mining regulatory regime and expertise in this area, and fewer human resources and work hours will be required to incorporate by reference the provincial regime than to develop a whole new federal regulatory regime.

Provincial officials will administer and monitor much of the activity of the mining operations synonymous with standards and practices for potash mining off reserve land. As a result, the developer will not carry more administrative burden than what would be expected if the on-reserve project was located off reserve. Employing the existing provincial resources for the Muskowekwan potash mining project will generate secondary cost savings for the Government of Canada because the existing provincial infrastructure will be used to administer and monitor the facility for potash mining as it does on provincial lands.

Making these Regulations does not necessitate the project moving ahead; rather it enables the project to proceed on the Muskowekwan First Nation lands. Therefore, there will only be secondary costs and economic benefits for the Province of Saskatchewan once the mining project comes to fruition. The proposal is an enabling regulation; therefore, there are no direct costs to the federal government, Canadians or the industry at large. In addition, capital and operating costs of the actual solution potash mining operations have not been included as they will not be costs resulting from the creation of these Regulations.

The Regulations also benefit the Government of Saskatchewan by promoting increased investment in the province; and ensuring that potash mining on the Muskowekwan First Nation project lands will be subject to a regime that mirrors the regime that applies in the surrounding area, with an equivalent level of certainty for environmental protection and management measures. They also provide assurance to the general public that the potash development will be adequately regulated using industry-wide standards, addressing risks to citizens and to the environment.

This project could also illustrate to other industry leaders increased federal flexibility to encourage investment opportunities in First Nations communities through the effective intergovernmental regulatory cooperation under FNCIDA.

Implementation, enforcement and service standards

The primary reason for establishing the Regulations for the Muskowekwan First Nation solution potash mining lands is to enable a full range of comprehensive regulatory standards, including compliance and enforcement mechanisms. The Regulations include the following authorities to monitor compliance and to detect and penalize non-compliance:

  • requirements for industry to obtain various licences and approvals, to keep records, make reports, and provide information on request;
  • authority for government officials to inspect, investigate, search and seize, and to issue directives and orders; and
  • ability to issue fines and other financial penalties for non-compliance and offences; and authority for government officials to make applications for various orders, if necessary.

Compliance and enforcement provisions, to a large degree, replicate provisions in the regulatory regime of the Province of Saskatchewan that apply to similar projects off-reserve.

To summarize, the Muskowekwan First Nation Solution Potash Mining Regulationsreplicate, with minor adaptations, the provincial regime, and give provincial officials the authority to administer, monitor and enforce the regulatory regime. The tripartite agreement between the Muskowekwan First Nation, the Province of Saskatchewan and the Government of Canada provides the conditions, under which provincial officials will administer, monitor and enforce activities.

Contact

Neil Burnett
Director
Policy, Research and Legislative Initiatives
Lands and Economic Development
Indigenous and Northern Affairs Canada
10 Wellington Street, 17th Floor, Room 090
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-7311
Fax: 819-994-4345
Email: Neil.Burnett@aadnc-aandc.gc.ca



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