Regulations Amending the Fort McKay First Nation Oil Sands Regulations, pursuant to the First Nations Commercial and Industrial Development Act

On this page

Title or working title of the regulatory initiative

Regulations Amending the Fort McKay First Nation Oil Sands Regulations

Enabling act(s)

First Nations Commercial and Industrial Development Act

Description

The Fort McKay First Nation Oil Sands Regulations came into force under the First Nations and Commercial Industrial Development Act (FNCIDA) in 2007. The Nation has requested that the Fort McKay First Nation Oil Sands Regulations be updated to address changes to Alberta legislation so the regulations function seamlessly with the provincial oil sands laws that apply to off-reserve lands and provide certainty for prospective private sector partners.

The 2007 Fort McKay Oil Sands Regulations incorporated by reference the Alberta legislation and regulations so that an oil sands project on reserve No. 174C would be subject to the same rules and regulations as a project off-reserve. Over the 15 years since the regulations came into force, the Province of Alberta has significantly changed their oil sands regulatory regime. These changes cannot be captured by the "as amended from time to time clause" that exists in the current regulations and amendments are needed to match with Alberta's modernized oil sands regime.

The proposed amendments would update the Fort McKay First Nation Oil Sands Regulations to restore the consistency and seamless regulation between on- and off-reserve projects in order to support Fort McKay First Nation in developing a large scale oil sands project and provide certainty to private sector partners. The proposed regulatory amendment would align with the departments broader policy goal of supporting Indigenous economic development, reconciliation, and self-determination.

Potential impacts on Canadians, including business

There are no expected impacts on Canadians and businesses. The proposed amendments are to modernize the regulatory regime necessary to manage the environmental impacts and for health and safe operation of oil sands mining.

Regulatory cooperation efforts (domestic and international)

A Tripartite Agreement under the First Nations Commercial and Industrial Development Act among Canada, Alberta and the Fort McKay First Nation guides this regulatory initiative.

Consultations

In accordance with the Tripartite Agreement under the First Nations Commercial and Industrial Development Act, the Management Committee oversees the implementation of the regulations. Potential amendments to the Fort McKay First Nation Oil Sands Regulations are being developed in close collaboration with the Management Committee.

Further information

Please refer to the existing Fort McKay First Nation Oil Sands Regulations (justice.gc.ca) and related Regulatory Impact Analysis Statement (PDF Version, 1.55 MB, 251 pages) (2007-05-02 Canada Gazette Part II (PDF Version, 3.38 MB, 300 pages) , Vol. 141, No.9, pp. 654-662).

Departmental contact information

Matt Garrow
Director
Research, Policy and Legislative Initiatives
Economic Policy Development Branch
Lands and Economic Development Sector
Tel.: 819-712-3249
Email: matt.garrow@sac-isc.gc.ca

The date the regulatory initiative was first included in the Forward Regulatory Plan:

April 2023

Find out more

Consult Indigenous Services Canada and Indian Oil and Gas Canada's Laws and Regulations web page for:

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiative implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

Did you find what you were looking for?

What was wrong?

You will not receive a reply. Don't include personal information (telephone, email, SIN, financial, medical, or work details).
Maximum 300 characters

Thank you for your feedback

Date modified: