Federal Acts and Regulations
Companies must comply with a number of federal acts, regulations, guidelines, and interpretation bulletins when exploring and developing Indian lands. Examples of applicable federal legislation include:
- Indian Act
The federal statute that, since 1876, has embodied most of the federal law concerning Indian people. It deals with many aspects of Indian life and includes matters dealing with land administration and designations.
- Indian Oil and Gas Act
The federal statute, since 1974, which governs the exploration and development of hydrocarbons on Indian lands.
- Indian Oil and Gas Regulations, 1995
The federal regulatory framework which governs the exploration and development of oil and gas resources on-Reserve.
- Canadian Environmental Assessment Act
In the context of oil and gas companies operating on Indian reserves, this federal statute requires companies to submit environmental assessments of projects. Public consultation is required in preparing these assessments. Indian Oil and Gas Canada reviews these environmental assessments prior to approving the projects.
- Canadian Environmental Protection Act, 1999
The federal statute that controls the manufacture, storage, transportation, use and disposal of designated substances and biologic materials that may pose danger to human life, health or environment.
- Fisheries Act
The federal statute which applies where there may be harmful alteration, disruption or destruction of fish habitat as a result of oil and gas activity. This Act is particularly relevant to pipeline development.
Authorization from the Department of Fisheries and Oceans (DFO) is required where a proposed project is likely to result in a loss in the productive capacity of fish habitat.
- Navigable Waters Protection Act
The federal statute governs the protection of navigable waters.
Authorization from the Canadian Coast Guard is required where a project is likely to interfere with the navigation of a waterway.
- Financial Administration Act
In the context of monies owing as a result of oil and gas activities on Indian reserve lands, this federal statute addresses the administration and collection of these monies.
- First Nations Oil and Gas and Moneys Management Act
The federal statute that provides First Nations with the option of managing and regulating oil and gas exploration and exploitation on their reserve lands and of receiving moneys otherwise held for them by Canada.
- Saskatchewan Treaty Land Entitlement Act
The federal statute in respect to the Saskatchewan Treaty Land Entitlement Framework Agreement entered into on September 22, 1992, and the Nekaneet Treaty Land Entitlement Settlement Agreement entered into on September 23, 1992, pursuant to which Canada's outstanding treaty land entitlement obligations are to be fulfilled in respect of those bands that are parties to these Agreements.
- Claim Settlements (Alberta and Saskatchewan) Implementation Act
The federal statute that facilitates the implementation of those provisions of First Nations' claim settlements in the Provinces of Alberta and Saskatchewan that relate to the creation of reserves or the addition of land to existing reserves.
- Federal Real Property and Federal Immovables Act
The federal statute respecting the acquisition, administration and disposition of real property and immovables by the Government of Canada. This act is used in conjunction with the Indian Act for grants of easements.
- Species At Risk Act
The federal statute that protects individual species listed in Schedule 1 of the Act as well as their residences and critical habitats.
- Migratory Birds Convention Act, 1994
The federal statute that protects migratory birds and their nests.
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