Canada Gazette, Part I, Volume 150, Number 26: Muskowekwan First Nation Solution Potash Mining Regulations

June 25, 2016

Statutory authority

First Nations Commercial and Industrial Development Act

Sponsoring department

Department of Indian Affairs and Northern Development

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 its land in Muskowekwan Indian Reserve No. 85.

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 would apply, essential elements of the provincial laws and regulations affecting potash mining would not apply on First Nation reserve lands.

Regulations made pursuant to the 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 would likely be discouraged from investing in this on-reserve economic opportunity due to the uncertainty of which regulatory regime, if any, would 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, the FNCIDA came into force to facilitate economic development on-reserve by addressing regulatory gaps. The 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 the 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 the 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.

The 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 would perform these activities as they would for similar projects located off reserves.

Muskowekwan First Nation Solution Potash Mining Proposal

The Muskowekwan First Nation has requested that the federal government use the 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 deposits on its lands from potash reserves situated in the Belle Plaine and Patience Lake, parts of the Prairie Evaporite Formation, 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 would 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 would 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 would 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 would have a shortened construction period of less than a year and would use an existing exploration well. This project would 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 proposed Regulations are to

Description

The proposed 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 proposed Regulations relate to emergency responses, facility operations, containment, storage, transmission, and the treatment or disposal of any substance that arises from potash mining activity.

Federal health, safety and environmental legislation would apply to this project as it does on other federal lands. The Regulations would only apply to the project lands in Muskowekwan Indian Reserve No. 85, and would not apply to other First Nations, other reserve lands or other federal lands. The proposed Regulations and tripartite agreement are structured with enough flexibility for either of the solution potash mining projects 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 would 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 proposed Regulations.

The proposed Regulations would be the fourth regulatory proposal brought forward under the FNCIDA. Together with a Canada–Saskatchewan–Muskowekwan First Nation tripartite agreement, they would 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 proposed Regulations are enabling regulations and serve to facilitate commercial activity. They would 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 proposed Regulations would only apply to the large-scale potash mining operations on the project lands, which would 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 proposed 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 would administer and enforce the proposed regulatory regime; the Government of Canada and the population of surrounding communities, including the rural municipalities of Touchwood, Kellross, Emerald and Mount Hope.

Officials representing the Muskowekwan First Nation and the Province of Saskatchewan have been involved 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. Opposition to the proposed Regulations is not expected.

Indigenous and Northern Affairs Canada also received an indication of the Muskowekwan First Nation's support through a Band Council Resolution, dated July 10, 2012, requesting that the Governor in Council make the proposed Regulations.

Consultations were also conducted by posting the project proposal on the Canadian Environmental Assessment Agency Web site and eliciting comments. Support of the project from surrounding communities is high due to the influx of economic opportunities associated with a project of this magnitude.

The Aboriginal Consultation process for the Muskowekwan First Nation Solution Potash Mining project was created to fulfill the duty-to-consult obligation in relation to potential or established Aboriginal or Treaty rights of the Aboriginal peoples of Canada, as recognized and affirmed by section 35 of the Constitution Act, 1982.

Indigenous and Northern Affairs Canada has been involved since the project's inception; however, it only assumed the role of federal Crown lead during the initial phase of the project's environmental review process in October 2013. The Department initiated contact with Indigenous stakeholders, provided introductions to its role and process, and offered the opportunity to apply to the Aboriginal Participant Fund.

Indigenous and Northern Affairs Canada has also met with a number of Indigenous communities to discuss the project to date and will continue discussions once the second draft of the project's environmental assessment report is submitted. The nature of the comments has been generally positive, but some concerns have been raised regarding a Métis historical site, known as the Chicago Line, located within the project area, and regarding the effects on surface water relating to the source water for the project. Both concerns are being addressed through the consultation and accommodation process to make certain that mitigation measures are in place to ensure potential or existing Aboriginal or Treaty rights are not negatively impacted.

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

The proposed Regulations would 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 proposed Regulations does not ensure the project would go ahead, without them the project could not go ahead. The proposed Regulations will level the playing field between the off-reserve and on-reserve regulatory environments, making 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 proposed regulatory approach of incorporating by reference the provincial regulatory regime for potash mining would be 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 would 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 would not carry more administrative burden than what would be expected if the on-reserve project were 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 would be used to administer and monitor the facility for potash mining as it would on provincial lands.

Making these proposed Regulations would not necessitate the project moving ahead; rather it would enable the project to proceed on the Muskowekwan First Nation lands. Therefore, there would 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 would not be costs resulting from the creation of these proposed Regulations.

The proposed Regulations would 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 would 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 would also provide assurance to the general public that the potash development would be adequately regulated using industry-wide standards, addressing risks to citizens and to the environment. Environmental impacts associated with the project would be assessed and mitigated as part of a project environmental assessment under section 67 of the Canadian Environmental Assessment Act.

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

Implementation, enforcement and service standards

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

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. The Regulations would provide for a compliance and enforcement ladder, so that minor infractions could be addressed with measured responses, and more serious infractions could be addressed with more powerful remedies.

To summarize, the proposed Muskowekwan First Nation Solution Potash Mining Regulations replicate, with minor adaptations, the provincial regime, giving provincial officials the authority to administer, monitor and enforce the regulatory regime on behalf of the federal government. 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
Acting Director
Policy, Research and Legislative Initiatives Directorate
Lands and Economic Development
Indigenous and Northern Affairs Canada
10 Wellington Street, 17th Floor, Room 082
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-7311
Fax: 819-994-4345
Email: Neil.Burnett@aadnc-aandc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 3 (see footnote a) of the First Nations Commercial and Industrial Development Act (see footnote b), proposes to make the annexed Muskowekwan First Nation Solution Potash Mining Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Neil Burnett, Acting Director, Lands and Economic Development, Indigenous and Northern Affairs Canada, 10 Wellington Street, Floor 17, Gatineau, Quebec K1A 0H4 (tel.: 819-994-7311; fax: 819-994-4345; email: neil.burnett@aadnc-aandc.gc.ca).

Ottawa, June 13, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

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

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:

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,

Interpretation of incorporated laws

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

Interpretation of incorporated laws

(2) Notwithstanding paragraph (1)(b),

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:

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:

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 paragraph 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:

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:

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:

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:

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:

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

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 / Arrêté 2011-006
36 164091551 164805600 NE 25 27 14 2 85-67 MO 2011-006 / Arrêté 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 / Arrêté 2011-006
63 164091528 164805767 SE 36 27 14 2 85-67 MO 2011-006 / Arrêté 2011-006
64 164091595 164805633 SE 36 27 14 2 85-67 MO 2011-006 / Arrêté 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)

[26-1-o]