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PART II/PARTIE II REVISED REGULATIONS OF SASKATCHEWAN/ RÈGLEMENTS RÉVISÉS DE LA SASKATCHEWAN TABLE OF CONTENTS/TABLE DES MATIÈRES P‑31.1 Reg 1 The Provincial Lands (Agriculture) Regulations .................... 123 P‑31.1 Reg 2 The Crown Resource Land Regulations, 2017 ........................ 153 SR 19/2017 The Securities Commission (Adoption of National Instruments) (NI 81‑102 and Related Consequential Amendments) Amendment Regulations, 2017 ..................... 175 SR 20/2017 The Saskatchewan Crop Insurance Corporation Amendment Regulations, 2017 ............................................ 181 SR 21/2017 The Real Estate Amendment Regulations, 2017 ..................... 182 SR 22/2017 The Training Programs Amendment Regulations, 2017 ........ 183 PART II/PARTIE II The Saskatchewan Gazette PUBLISHED WEEKLY BY AUTHORITY OF THE QUEEN’S PRINTER/PUBLIÉE CHAQUE SEMAINE SOUS L’AUTORITÉ DE L’IMPRIMEUR DE LA REINE Volume 113 REGINA, FRIDAY, MARCH 17, 2017/REGINA, VENDREDI, 17 MARS 2017 No. 11 /nº 11

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Page 1: THE SASKATCHEWAN GAZETTE, 17 MARS 2017 121 The ... · THE SASKATCHEWAN GAZETTE, 17 MARS 2017 123 THE SASKATCHEWAN GAZETTE, JANUARY 18, 200219 REVISED REGULATIONS OF SASKATCHEWAN THE

121THE SASKATCHEWAN GAZETTE, 17 MARS 2017

PART II/PARTIE IIREVISED REGULATIONS OF SASKATCHEWAN/

RÈGLEMENTS RÉVISÉS DE LA SASKATCHEWAN

TABLE OF CONTENTS/TABLE DES MATIÈRES

P‑31.1 Reg 1 The Provincial Lands (Agriculture) Regulations .................... 123

P‑31.1 Reg 2 The Crown Resource Land Regulations, 2017 ........................ 153

SR 19/2017 The Securities Commission (Adoption of National Instruments) (NI 81‑102 and Related Consequential Amendments) Amendment Regulations, 2017 ..................... 175

SR 20/2017 The Saskatchewan Crop Insurance Corporation Amendment Regulations, 2017 ............................................ 181

SR 21/2017 The Real Estate Amendment Regulations, 2017 ..................... 182

SR 22/2017 The Training Programs Amendment Regulations, 2017 ........ 183

PART II/PARTIE II

The Saskatchewan GazettePUBLISHED WEEKLY BY AUTHORITY OF THE QUEEN’S PRINTER/PUBLIÉE CHAQUE SEMAINE SOUS L’AUTORITÉ DE L’IMPRIMEUR DE LA REINE

Volume 113 REGINA, FRIDAY, MARCH 17, 2017/REGINA, VENDREDI, 17 MARS 2017 No. 11 /nº 11

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Revised Regulations of Saskatchewan 2017/ Règlements Révisés de la Saskatchewan 2017

January 13, 2017The Securities Commission (Adoption of National Instruments, MI 91‑101) Amendment Regulations, 2016 .......................................................................................... SR 1/2017The Mineral Tenure Registry Regulations ............................................................................ Errata Notice

February 10, 2017The Queen’s Bench (Judicial Centre) Amendment Regulations, 2017 /Règlement modificatif de 2017 sur la Cour du Banc de la Reine (centre judiciaire) ......................... SR 2/2017/ RS 2/2017February 17, 2017The Health Care Directives and Substitute Health Care Decision Makers Regulations, 2017/Règlement de 2017 sur les directives et les subrogés en matière de soins de santé ............................................................................................... H‑0.002 Reg 1/ H‑0.002 Règl.1The Securities Commission (Adoption of National Instruments, Derivatives) Amendment Regulations, 2017 .......................................................................................... SR 3/2017The Mental Health Services (Regional Psychiatric Centre) Amendment Regulations, 2017 .......................................................................................... SR 4/2017The Mineral Tenure Registry Amendment Regulations, 2017 ............................................. SR 5/2017The Municipal Police Equipment (Special Equipment) Amendment Regulations, 2017 .......................................................................................... SR 6/2017The Queen’s Bench (Trade Agreements) Amendment Regulations, 2017/ Règlement modificatif de 2017 sur la Cour du Banc de la Reine (accords commerciaux) ............................................................................................. SR 7/2017 / RS 7/2017The Employment Supplement (Calculation of Benefits) Amendment Regulations, 2017 ... SR 8/2017The Personal Care Home Benefit Amendment Regulations, 2017 ....................................... SR 9/2017The Saskatchewan Assistance (Exemptions) Amendment Regulations, 2017 ..................... SR 10/2017The Saskatchewan Assured Income for Disability (Exemptions) Amendment Regulations, 2017 .......................................................................................... SR 11/2017

March 3, 2017The Medical Imaging Facilities Licensing Regulations ....................................................... P‑4.11 Reg 1The Securities Commission (Adoption of National Instruments, MI 45‑108) Amendment Regulations, 2017 .......................................................................................... SR 12/2017The Medical Care Insurance Beneficiary and Administration (CT and MRI Services) Amendment Regulations, 2017 ................................................... SR 13/2017

March 10, 2017The Municipalities (Incorporation of Villages and Resort Villages and Establishment of Organized Hamlets) Amendment Regulations, 2017 ..................... SR 14/2017The Uniform Building and Accessibility Standards (Local Authority) Amendment Regulations, 2017 ................................................................................... SR 15/2017The Cities (Percentages of Value) Amendment Regulations, 2017 ................................. SR 16/2017The Municipalities (Percentages of Value) Amendment Regulations, 2017 ................... SR 17/2017The Northern Municipalities (Percentages of Value) Amendment Regulations, 2017 ... SR 18/2017March 17, 2017The Provincial Lands (Agriculture) Regulations ........................................................... P‑31.1 Reg 1The Crown Resource Land Regulations, 2017 ............................................................... P‑31.1 Reg 2The Securities Commission (Adoption of National Instruments) (NI 81‑102 and Related Consequential Amendments) Amendment Regulations, 2017 ................ SR 19/2017The Saskatchewan Crop Insurance Corporation Amendment Regulations, 2017 ......... SR 20/2017The Real Estate Amendment Regulations, 2017 ............................................................ SR 21/2017The Training Programs Amendment Regulations, 2017 ............................................... SR 22/2017

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123THE SASKATCHEWAN GAZETTE, 17 MARS 2017

THE SASKATCHEWAN GAZETTE, JANUARY 18, 200219

REVISED REGULATIONS OF SASKATCHEWAN

THE SASKATCHEWAN GAZETTE, 17 MARS 2017 123

CHAPTER P‑31.1 REG 1

The Provincial Lands Act, 2016Section 9‑1

Order in Council 94/2017, dated March 8, 2017(Filed March 9, 2017)

PART 1Preliminary Matters

Title

1‑1 These regulations may be cited as The Provincial Lands (Agriculture) Regulations.

Definitions

1‑2 In these regulations:

“Act” means The Provincial Lands Act, 2016;

“agricultural lease” means a lease of provincial land for the purpose of cultivating crops, grazing livestock, producing or harvesting hay or operating a domestic game farm;

“domestic game farm” means a domestic game farm as defined in The Domestic Game Farm Animal Regulations;

“domestic game farm animal” means a domestic game farm animal as defined in The Domestic Game Farm Animal Regulations;

“livestock” means any grazing animal that is raised in captivity, but does not include any domestic game farm animals;

“minister” means the member of the Executive Council responsible for the administration of The Agriculture Administration Act;

“mineral development” means the development of a mineral but does not include an oil and gas development or an activity related to exploring for a mineral;

“mineral development lease” means a lease of provincial land for the purpose of mineral development;

“noxious weed” means a plant designated by order of the minister as a noxious weed pursuant to The Weed Control Act;

“nuisance weed” means a plant designated by order of the minister as a nuisance weed pursuant to The Weed Control Act;

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“oil and gas development” means:

(a) the development of an oil or gas well and related activities regulated by The Oil and Gas Conservation Act; and

(b) sequestration activities related to CO2 or other substances;

but does not include activities related to exploring for oil and gas or assessing suitability for sequestration;

“oil and gas development lease” means a lease of provincial land for the purpose of oil and gas development;

“pest” means an animal, insect or disease declared to be a pest pursuant to The Pest Control Act;

“prohibited weed” means a plant designated by order of the minister as a prohibited weed pursuant to The Weed Control Act;

“sand and gravel development lease” means a lease of provincial land for the purpose of sand and gravel development.

Application

1‑3 These regulations apply to provincial lands managed and administered by the minister.

Prescribed Acts

1‑4(1) For the purposes of clause 1‑3(1)(b) of the Act, The Pastures Act and The Forest Resources Management Act are prescribed Acts.

(2) The Acts mentioned in subsection (1) and any regulations enacted pursuant to those Acts prevail if there is any conflict between:

(a) The Provincial Lands Act, 2016 or any regulations enacted pursuant to that Act; and

(b) the Acts mentioned in subsection (1) or any regulations enacted pursuant to those Acts.

PART 2Sale of Provincial Land

Minister authorized to sell provincial land

2‑1 The minister may sell provincial land and any improvements located on the provincial land:

(a) if the provincial land is subject to an agricultural lease, in accordance with section 2‑2;

(b) if the provincial land is vacant provincial land, in accordance with section 2‑3;

(c) if the provincial land is vacant provincial land that encompasses an area that is less than a quarter section, in accordance with section 2‑4; or

(d) if the provincial land is to satisfy a treaty land entitlement claim or to assist the Government of Canada in fulfilling specific claims settlements for First Nations, in accordance with section 2‑5.

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Sale to lessee of agricultural lease

2‑2(1) The minister may sell provincial land that is subject to an agricultural lease and any improvements located on that land to the lessee of the provincial land if the minister considers the sale to be in the public interest.

(2) Subject to section 2‑6, the price for the provincial land and improvements sold pursuant to subsection (1) is to be determined:

(a) by the ministry in accordance with accepted appraisal practices and procedures;

(b) by an accredited appraiser whose qualifications and procedures are acceptable to the minister; or

(c) by the ministry using a combination of the valuations resulting from valuations made in accordance with clauses (a) and (b).

(3) The following factors shall be considered by the ministry or by the accredited appraiser when determining the price in accordance with subsection (2):

(a) the attributes of the provincial land, including but not limited to its location and any special features of the provincial land;

(b) the value of the improvements sold with the provincial land.

Sale of vacant provincial land

2‑3(1) In this section:

“agency agreement” means an agency agreement as defined in The Real Estate Act;

“brokerage” means a brokerage as defined in The Real Estate Act;

“public sale” means a sale that is conducted:

(a) by tender;

(b) by public auction;

(c) pursuant to an agency agreement with a brokerage; or

(d) by advertisement of the sale in a newspaper or other publication or the posting of a notice on the ministry’s website and any other public website.

(2) If the minister considers the sale to be in the public interest, the minister may sell vacant provincial land by way of public sale and may establish any of the following:

(a) a minimum price for which the vacant provincial land will be sold;

(b) any criteria that must be met by a person to be eligible to purchase the vacant provincial land.

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Sale of parcel less than a quarter section

2‑4(1) Subject to subsection (2) and if the minister considers the sale to be in the public interest, the minister may sell vacant provincial land to a person if:

(a) the vacant provincial land consists of less than a quarter section of land; and

(b) the person owns land that:

(i) is adjacent to the provincial land mentioned in clause (a); or

(ii) is located in the same quarter section of land as the provincial land mentioned in clause (a).

(2) If there is more than 1 person who meets the qualifications set out in clause (1)(b), the vacant provincial land must be sold in accordance with section 2‑3.

(3) Subject to section 2‑6, the price for the vacant provincial land must be:

(a) with respect to a sale mentioned in subsection (1), determined in accordance with subsection 2‑2(2); and

(b) with respect to a sale mentioned in subsection (2) determined in accordance with subsection 2‑3(2).

Sale for treaty land entitlement or specific claims settlement purposes

2‑5 Notwithstanding any other provision in these regulations, for the purposes of satisfying or discharging any obligation or undertaking of the Government of Saskatchewan pursuant to a Framework Agreement as defined in The Treaty Land Entitlement Implementation Act or assisting the Government of Canada in fulfilling specific claims settlements for First Nations, the minister may sell provincial land on those terms and conditions that the minister considers necessary.

Sale price of provincial land that is subject to oil and gas development lease

2‑6(1) If provincial land sold pursuant to this Part is subject to an oil and gas development lease, the final sale price of the provincial land is the amount A, adjusted to the nearest $100, calculated in accordance with the following formula:

A = P + E

where:

P is the price of the provincial land determined in accordance with section 2‑2 or 2‑4;

E is the present value of the future earnings expected to have been received by the Crown with respect to the oil and gas development lease for the expected remaining life of the oil and gas production.

(2) The interest rate to be used to determine the present value of future earnings is the prime lending rate of the financial institution holding the general revenue fund that is in effect on the date that the calculation in subsection (1) is made.

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Sale agreement

2‑7(1) Any sale of provincial land pursuant to this Part must be made pursuant to a written sale agreement that includes any terms and conditions that the minister considers necessary.

(2) Any person who intends to purchase provincial land pursuant to this Part shall, within the period set by the minister, provide the minister with a signed copy of the agreement mentioned in subsection (1) and any other documents that the minister may require.

(3) If a person who intends to purchase provincial land pursuant to this Part fails to comply with subsection (2), the minister may:

(a) notify the person that the proposed sale of provincial land to that person will not proceed; and

(b) refund to that person, without interest, any funds paid by that person to the minister with respect to the proposed sale.

Additional payments on balance outstanding on sale agreement

2‑8(1) Notwithstanding any provision of this Part, or the terms and conditions of any sale agreement, a purchaser may pay the whole or any part of any balance outstanding of the purchase price without notice or penalty.

(2) Any partial payment made in accordance with subsection (1) does not postpone or otherwise affect the obligation of the purchaser to make payments as required by the sale agreement.

Termination of lease on sale

2‑9 If provincial land that is subject to a lease is sold to the lessee, the sale terminates the lease and the lessee remains liable for the payment of any outstanding rent or other fees relating to the provincial land that is sold.

Reinstating sale agreement

2‑10 Notwithstanding any other provision of this Part, if a purchaser has defaulted on a sale agreement and the minister has terminated the sale, the minister may agree to reinstate the sale if:

(a) the purchaser has remedied the default;

(b) the provincial land that is the subject of the sale has not been otherwise sold or transferred;

(c) no disposition has been issued with respect to the provincial land that is the subject of the sale; and

(d) the purchaser and the minister agree to the revised terms and conditions of the sale agreement.

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PART 3Leasing of Provincial Land

DIVISION 1Criteria respecting Leases and Lessees

Categories of leases

3‑1(1) The minister may lease provincial land for any of the following purposes:

(a) the cultivation of crops;

(b) the grazing of livestock;

(c) the production or harvesting of hay;

(d) the operation of a domestic game farm;

(e) an oil and gas development;

(f) a mineral development;

(g) a sand and gravel development.

(2) The minister may lease provincial land for a purpose other than a purpose authorized by subsection (1) if the minister considers the lease to be in the public interest.

Selection of lessees

3‑2(1) The minister may lease provincial land:

(a) when a lease terminates, to the lessee who held the lease before termination;

(b) with respect to an agricultural lease of vacant provincial land, to the person selected in accordance with the lessee selection policy established by the minister;

(c) with respect to an oil and gas development lease or a mineral development lease:

(i) to the person who holds mineral rights underlying the leased land;

(ii) to the person who holds mineral rights to be accessed from the leased land;

(iii) to a person who has the consent of a person mentioned in subclause (i) or (ii); or

(iv) to any person the minister considers appropriate in the circumstances;

(d) with respect to a sand and gravel development lease:

(i) to a person who holds a licence over the area of the proposed lease issued in accordance with clause 4‑4(1)(b);

(ii) to another ministry;

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(iii) to a municipality;

(iv) to a government agency; or

(v) to any other person; and

(e) with respect to a lease issued in accordance with subsection 3‑1(2), to any person the minister considers appropriate in the circumstances.

(2) The minister shall cause the selection policy mentioned in clause (1)(b) to be published on the ministry’s website and made available to the public in any other manner the minister considers appropriate.

Control of access

3‑3 Unless otherwise specified in the lease and subject to the Act and these regulations, a lessee has the right to control access to the provincial land that is subject to the lease.

DIVISION 2Agricultural Leases

Calculation of rent ‑ cultivation

3‑4(1) In this section:

“insurable crop” means a crop that is insurable by the Saskatchewan Crop Insurance Corporation;

“risk zone” means a risk zone as established by the Saskatchewan Crop Insurance Corporation.

(2) The annual rent payable by a lessee of provincial land leased for the cultivation of crops is the amount R calculated according to each risk zone in accordance with the following formula for each cultivated acre (hectare):

( )∑n

i = 1

(Ci x Pi x Yi

Ax S = R

where:

A is the total number of acres (hectares) in each risk zone devoted to insurable crops and summerfallow;

C is the total number of acres (hectares) for each insurable crop grown in the risk zone where the provincial land is situated as reported to the Saskatchewan Crop Insurance Corporation for the year previous to the year in which the annual rent for each cultivated acre (hectare) will become payable;

n is the total number of insurable crops as recorded by the Saskatchewan Crop Insurance Corporation in each risk zone;

P is the price projected to be received for each insurable crop as determined by the Saskatchewan Crop Insurance Corporation for the year in which the annual rent for each cultivated acre (hectare) will become payable;

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S is the percentage of the weighted crop value for each insurable crop that must be charged for each soil type as determined by the Saskatchewan Crop Insurance Corporation according to the following:

Class A & B soils ‑ 18%

Class C & D soils ‑ 17%

Class E & F soils ‑ 16%

Class G & H soils ‑ 15%

Class J & K soils ‑ 14%

Class M & N soils ‑ 13%

Class O & P soils ‑ 12%;

Y is the long term average summerfallow yield for each insurable crop on each soil type in each risk zone as determined by the Saskatchewan Crop Insurance Corporation.

Calculation of rent ‑ grazing

3‑5 The annual rent payable by a lessee of provincial land leased for the grazing of livestock is the amount AR determined in accordance with the following formula:

AR = price x 46 x animal unit month rating x use factor x 12.75%

where:

animal unit month rating is the number of animal unit months applicable to the provincial land in question as rated by the Saskatchewan Assessment Management Agency or as determined by the minister to reflect the current grazing capacity of the land;

price is the average price of cattle marketed from October 1 to November 30 of the preceding year as published by the ministry, for markets in Saskatchewan, weighted as follows:

Feeder steers 500‑600 pounds: 35.0%

Feeder heifers 500‑600 pounds: 15.0%

Feeder steers 800‑900 pounds: 17.0%

Feeder heifers >800 pounds: 21.0%

Slaughter D1‑D2 cows 12.0%; and

use factor is 0.8.

Calculation of rent ‑ production or harvesting of hay

3‑6 The annual rent payable by a lessee of provincial land leased for the production or harvesting of hay is:

(a) if the hay is consumed by cattle owned by the lessee, the amount AR determined in accordance with the formula set out in section 3‑5, but with a use factor of 1.6; or

(b) if the hay is sold, in accordance with section 3‑4, with any necessary modification.

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Calculation of rent ‑ domestic game farms

3‑7 The annual rent payable by a lessee of provincial land leased for the operation of a domestic game farm is equal to the greatest amount of rent that would be payable if the land was leased for:

(a) the cultivation of crops;

(b) the grazing of livestock; or

(c) the production or harvesting of hay.

Increased rent or fee payable for certain provincial land

3‑8(1) Notwithstanding any other provision of these regulations but subject to subsections (2) and (3), the annual rent payable as otherwise calculated pursuant to sections 3‑4 to 3‑7 is increased by 30% for the period commencing on and after January 1, 2017.

(2) Subsection (1) applies only to provincial land being leased pursuant to sections 3‑4 to 3‑7:

(a) that is under cultivation; or

(b) that at any time was under cultivation other than:

(i) provincial land that was part of a community pasture program administered by the Government of Canada or an agency of the Government of Canada; or

(ii) provincial land that is leased by a co‑operative that is incorporated, continued or registered pursuant to The Co‑operatives Act, 1996.

(3) This section does not apply to any provincial land leased pursuant to sections 3‑4 to 3‑7 if the minister is satisfied that withholding the leased provincial land from sale would be in the public interest.

Reduction of rent for uncontrollable natural event

3‑9(1) Notwithstanding sections 3‑4 to 3‑7 but subject to subsection (2), the minister may reduce the rent for any agricultural lease if the lessee establishes to the satisfaction of the minister that the leased provincial land could not be used during the year for the purpose for which the lease was issued because of an uncontrollable natural event.

(2) Subsection (1) does not apply if:

(a) insurance coverage was available for the uncontrollable natural event that made the provincial land unusable; or

(b) the provincial land could have been used had the lessee employed sound farm management practices.

Minister may reduce rent for agricultural lease

3‑10 Notwithstanding sections 3‑4 to 3‑7, the minister may reduce the rent payable by the lessee of an agricultural lease, but any reduction shall not reduce the rent to an amount that is less than the lesser of:

(a) the annual rent as calculated pursuant to those sections for the same provincial land for the preceding year; and

(b) the annual rent actually payable for the same provincial land for the preceding year.

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Reduced rent when clearing or breaking provincial land

3‑11(1) A lessee may clear or break provincial land only if authorized in writing by the minister.

(2) Notwithstanding sections 3‑4 to 3‑6, if a lessee is authorized to clear or break provincial land pursuant to subsection (1), in order to offset some or all of the costs incurred by the lessee in improving the provincial land, the minister may, for any period determined by the minister, continue to charge rent pursuant to the lease as though the provincial land had not been improved.

Rent for lease with more than 1 use

3‑12(1) An agricultural lease may authorize more than 1 agricultural use on a parcel of provincial land.

(2) Rent for a lease described in subsection (1) must be calculated based on the area of provincial land that is subject to each use.

Authorization required to graze certain animals

3‑13(1) Subject to subsection (2), no lessee shall graze or permit to be grazed on leased provincial land livestock owned by a person other than the lessee.

(2) The minister may, on any terms and conditions acceptable to the minister, authorize in writing the grazing of livestock owned by a person other than the lessee.

(3) An authorization issued by the minister pursuant to subsection (2) expires on the last day of the year in which the authorization was given, unless the authorization states otherwise.

Management of land ‑ grazing

3‑14(1) No lessee holding an agricultural lease that is used for grazing livestock shall fail to manage the provincial land that is the subject of the lease in a manner that uses all of the provincial land without impairing the normal reproduction of the forage vegetation on that provincial land.

(2) If, in the minister’s opinion, a lessee described in subsection (1) is not fulfilling the requirements set out in subsection (1), the minister may require the lessee:

(a) to construct fences and develop water facilities that may in the minister’s opinion be necessary to ensure that the use of the provincial land complies with subsection (1); and

(b) to increase or decrease the number of livestock grazed by the lessee on that provincial land in any year if, in the minister’s opinion, the use made by the lessee is insufficient or excessive.

No game farm lease permitted on wildlife habitat and ecological lands

3‑15 No lease for the operation of a domestic game farm is to be issued on provincial lands that are designated as wildlife habitat and ecological lands pursuant to The Wildlife Habitat Protection Act.

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Conditions for issuing lease for domestic game farm

3‑16 The minister may issue a lease of provincial land for the operation of a domestic game farm only if:

(a) at least 75% of each parcel of provincial land to be leased has been cultivated or seeded to tame forage; and

(b) the provincial land to be leased is surrounded by land owned or leased by the person proposing to use the provincial land as a domestic game farm.

Obligation to pay rent in case of early termination

3‑17 If the minister consents to the early termination of an agricultural lease in accordance with section 2‑14 of the Act, the agricultural lessee is:

(a) relieved of the obligation to pay rent for the year in which the early termination occurs if the consent is given and the lessee has completely vacated the provincial land before April 1 of that year; and

(b) obligated to pay rent for the year if the conditions set out in clause (a) have not been satisfied.

DIVISION 3Leases for Oil and Gas Development or Mineral Development

Evidence of compliance with other obligations

3‑18 Before the minister issues a lease pursuant to this Division, the proposed lessee of an oil and gas development lease or mineral development lease shall provide evidence satisfactory to the minister that the proposed lessee has complied with all approvals required by other ministries of the Crown and other government agencies respecting the oil and gas development or mineral development.

Calculation of rent and development fees ‑ oil and gas development

3‑19(1) Subject to subsections (2) and (3), the annual rent and fees payable by a lessee of an oil and gas development lease is the amount calculated in accordance with Tables 1 and 3 of the Appendix.

(2) Both the first year development fee and the annual rent are due and payable on the issuance of the oil and gas development lease.

(3) The annual rent and fees payable by a lessee of provincial land for the purpose of oil and gas development on provincial land that was formerly part of a community pasture program administered by the Government of Canada or an agency of the Government of Canada is the amount set out in the lease for the term of the lease or until the lease terminates.

(4) The minister may decrease the rent related to the access road portion of the lease if, in the minister’s opinion, circumstances exist that result in the rent for the access road portion being higher than might otherwise be applicable.

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(5) In addition to the amount required to be paid in accordance with subsection (1), the lessee of an oil and gas development lease shall pay to the lessee of an agricultural lease of the provincial land from which the oil and gas development lease was removed a one‑time payment equal to the value of any crop damage suffered by the lessee of the agricultural lease as a result of the oil and gas development.

(6) If the lessee of the agricultural lease mentioned in subsection (5) and the lessee of the oil and gas development lease mentioned in subsection (5) are not able to agree on the amount payable in accordance with subsection (5), the minister may determine the loss, and the lessee of the oil and gas development lease shall pay that amount to the lessee of the agricultural lease.

Calculation of rent and development fees ‑ mineral development

3‑20 The annual rent and development fees payable by a lessee of a mineral development lease is fair market value as determined by the minister.

Reclamation and restoration obligations

3‑21(1) The lessee of an oil and gas development lease shall, before the expiration or termination of the lease and at the lessee’s expense:

(a) comply with the reclamation and associated obligations in The Oil and Gas Conservation Act and the regulations and directives issued pursuant to that Act;

(b) provide evidence satisfactory to the minister that the lessee has complied with the obligations set out in clause (a); and

(c) either:

(i) restore the surface of the provincial land as nearly as is practicable to the condition that the surface was in before the lease was issued as determined by the minister; or

(ii) if it is not practicable to restore the surface to the condition mentioned in subclause (i), provide to the minister a restoration plan to restore the provincial land to a different condition.

(2) The minister may:

(a) approve the restoration plan mentioned in subclause (1)(c)(ii); and

(b) impose terms and conditions on the approval.

(3) The lessee of a mineral development lease shall, before the expiration or termination of the lease and at the lessee’s expense:

(a) comply with the reclamation and associated obligations required by other ministries of the Crown and other government agencies respecting the mineral development;

(b) provide evidence satisfactory to the minister that the lessee has complied with the obligations set out in clause (a); and

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(c) either:

(i) restore the surface of the provincial land as nearly as is practicable to the condition that the surface was in before the lease was issued as determined by the minister; or

(ii) if it is not practicable to restore the surface to the condition mentioned in subclause (i), provide to the minister a restoration plan to restore the provincial land to a different condition.

(4) The minister may:

(a) approve the restoration plan mentioned in subclause (3)(c)(ii); and

(b) impose terms and conditions on the approval.

(5) The lessee of the oil and gas development lease or mineral development lease shall comply with:

(a) the restoration plan approved by the minister pursuant to subsection (2) or (4); and

(b) all terms and conditions imposed on the approval by the minister.

(6) The minister may extend the term of an oil and gas development lease or mineral development lease, including the obligation to continue paying rent and fees, if any reclamation or restoration obligation mentioned in this section remains outstanding at the expiration of the lease.

(7) If the minister extends the term of an oil and gas development lease pursuant to subsection (6), the lessee shall pay rent and fees at a rate of 50% of the rent and fees payable pursuant to section 3‑19.

DIVISION 4Sand and Gravel Development Leases

Requirement to provide development plan

3‑22(1) Before the minister issues a lease pursuant to this Division, the proposed lessee of a sand and gravel development lease shall provide to the minister a development plan that:

(a) identifies how the surface soil will be removed and stored;

(b) provides details on when the quarrying operations will commence and proceed over the course of the quarrying;

(c) provides details on how the quarrying site will be secured and signed; and

(d) provides a plan for the reclamation and restoration of the quarrying site, including the following:

(i) how the excavation will be sloped and contoured;

(ii) how the soil will be replaced and vegetation returned to the site.

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(2) If the minister is satisfied with the development plan mentioned in subsection (1), the minister may:

(a) approve the development plan; and

(b) impose terms and conditions on the approval.

(3) The lessee of the sand and gravel development lease shall comply with:

(a) the development plan approved by the minister; and

(b) all terms and conditions imposed on the approval by the minister.

Calculation of rent, fees and royalty

3‑23 The annual rent, fees and royalty payable by the lessee of a sand and gravel development lease is the amount calculated in accordance with Tables 2 and 3 of the Appendix.

Annual return

3‑24 Every lessee of a sand and gravel development lease shall ensure that:

(a) an annual production return is prepared for each year; and

(b) the annual production return mentioned in clause (a) is submitted to the minister not later than January 31 in the year following the year for which the annual production return was prepared.

Records for royalty purposes

3‑25(1) Every lessee of a sand and gravel development lease shall keep at or near each quarry records, satisfactory to the minister, of all sand and gravel taken from the quarry, showing the following:

(a) the quantity of sand and gravel excavated and crushed;

(b) the dates the sand and gravel were hauled from the lease area;

(c) the quantity of sand and gravel used for the following purposes:

(i) municipal;

(ii) public;

(iii) commercial;

(iv) private.

(2) In the absence of the records kept in accordance with subsection (1), or if the minister does not consider those records to be satisfactory:

(a) for the purpose of establishing royalties, the minister may determine the quantity of sand and gravel extracted; and

(b) the lessee shall pay royalties on the quantity determined pursuant to clause (a).

Delay of quarrying operations or lack of use of quarry

3‑26(1) If the lessee of a sand and gravel development lease has not commenced operations at the quarry within 1 year after the date on which the lease was issued or has not used the quarry for a period of more than 1 year, the minister may at any time give written notice, in a manner determined by the minister, requiring the lessee to satisfy the minister that the delay or lack of use is reasonable.

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(2) If, within 21 business days after the giving of notice pursuant to subsection (1), the lessee has not satisfied the minister that the delay or lack of use is reasonable, the minister may give written notice, in a manner determined by the minister, informing the lessee that:

(a) the lessee is required to commence or resume quarrying within a period specified by the minister, and if quarrying is not commenced or resumed within the period specified, subject to subsection (3), the lease is cancelled; or

(b) subject to subsection (3), the lease is cancelled.

(3) Notwithstanding that a notice has been given in accordance with subsection (2), the lessee of a sand and gravel development lease shall comply with the reclamation and restoration obligations set out in section 3‑27.

Reclamation and restoration obligations

3‑27(1) The lessee of a sand and gravel development lease shall, before the expiration or termination of the lease and at the lessee’s expense:

(a) provide to the minister a reclamation and restoration plan mentioned in clause 3‑22(1)(d) that has been updated to the reclamation and restoration standards that are in place at the time of the expiration or proposed termination of the lease; or

(b) if a reclamation and restoration plan was not provided by the lessee, provide a reclamation and restoration plan.

(2) The minister may:

(a) approve the reclamation and restoration plan mentioned in subsection (1); and

(b) impose terms and conditions on the approval.

(3) The lessee of the sand and gravel development lease shall comply with:

(a) the reclamation and restoration plan approved by the minister; and

(b) all terms and conditions imposed on the approval by the minister.

(4) The minister may extend the term of the sand and gravel development lease, including the obligation to continue paying rent and fees, if any reclamation or restoration obligation mentioned in this section remains outstanding at the expiration or proposed termination of the lease.

DIVISION 5Other Leases

Policies with respect to other leases

3‑28 The minister shall cause any policy with respect to a lease or category of lease authorized by subsection 3‑1(2) to be published on the ministry’s website and made available to the public in any other manner the minister considers appropriate.

Rent for other leases

3‑29 The annual rent payable for provincial land leased in accordance with subsection 3‑1(2) is the fair market value as determined by the minister.

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PART 4Permits, Licences, Easements and Utilization Dispositions

DIVISION 1Permits

Definition for Part

4‑1 In this Part, “utilization disposition” does not include a sale, transfer, lease, permit, licence or easement with respect to provincial land.

Categories of permits

4‑2(1) The minister may issue a permit with respect to provincial land to a person for any of the following purposes:

(a) the cultivation of crops;

(b) the grazing of livestock;

(c) the production or harvesting of hay.

(2) The minister may issue a permit for a purpose other than a purpose authorized by subsection (1) if the minister considers the permit to be in the public interest.

Rent for permits

4‑3 The annual rent payable by a person who is issued a permit mentioned in subsection 4‑2(2) is the fair market value as determined by the minister.

DIVISION 2Licences, Easements and Utilization Dispositions

Categories of licences, easements and utilization dispositions

4‑4(1) The minister may issue a licence or utilization disposition with respect to provincial land for any of the following purposes:

(a) to explore for any of the following:

(i) sand and gravel;

(ii) oil and gas;

(iii) other minerals;

(iv) any other material in, on or under the provincial land;

(b) to reserve provincial land for the purpose of obtaining a sand and gravel development lease;

(c) to remove material for construction;

(d) to determine suitability for carbon sequestration;

(e) to conduct surveys for the purpose of planning or constructing easements or the construction of roads;

(f) to harvest timber located on the provincial land or on adjacent land;

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(g) to temporarily store material or equipment when engaged in construction activities associated with:

(i) an easement;

(ii) an oil and gas development; or

(iii) a mineral development;

(h) to conduct research;

(i) to evaluate, test and plan for the development of renewable energy;

(j) to carry out any other purpose if the minister considers a licence or utilization disposition for that purpose to be in the public interest.

(2) The minister may issue an easement on provincial land for the purpose of preparing, constructing, erecting, operating and maintaining the following:

(a) public utilities;

(b) pipelines;

(c) services required for oil and gas developments or mineral developments.

(3) The minister may issue an easement on provincial land for a purpose other than a purpose authorized by subsection (2) if the minister considers the easement to be in the public interest.

Fees

4‑5(1) Subject to subsection (2), a person who acquires a licence or utilization disposition issued pursuant to subsection 4‑4(1) shall pay:

(a) any applicable fee set out in Tables 1, 2 and 3; or

(b) if no fee is set out, the fee determined by the minister.

(2) A person who acquires a licence or utilization disposition to reserve provincial land for the purpose of obtaining a sand and gravel development lease issued pursuant to clause 4‑4(1)(b) shall pay any applicable fee calculated in accordance with Tables 2 and 3 of the Appendix.

(3) Subject to subsection (4), a person who acquires an easement issued pursuant to section 4‑4 shall pay:

(a) any applicable fee set out in Table 3; or

(b) if no fee is set out, the fee determined by the minister.

(4) A person who acquires an easement issued pursuant to clause 4‑4(2)(c) shall pay any applicable fee calculated in accordance with Tables 1 and 3 of the Appendix.

(5) The minister may pay an amount equal to any portion of the fees received pursuant to this section, as determined by the minister, to the person holding an agricultural lease of the provincial land with respect to which the licence, easement or utilization disposition is issued.

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General provisions governing licences for sand and gravel

4‑6(1) Subject to subsection (2), a licence to reserve provincial land for the purpose of obtaining a sand and gravel development lease issued in accordance with clause 4‑4(1)(b) confers on the licence holder for the term of the licence a right to apply for a sand and gravel development lease with respect to any provincial land described in the licence.

(2) A person mentioned in subsection (1) shall comply with Division 4 of Part 3 before a sand and gravel development lease is issued.

(3) Subject to subsection (4), a person may hold a right mentioned in subsection (1) to a maximum of 1 280 acres (518 hectares) in:

(a) all of the person’s licences issued in accordance with clause 4‑4(1)(b); and

(b) all sand and gravel development leases.

(4) Subsection (3) does not apply to the ministry over which the member of the Executive Council responsible for the administration of The Highways and Transportation Act, 1997 presides.

General provisions governing easements

4‑7(1) An easement issued in accordance with this Part:

(a) conveys to the holder of the easement the right of entry and exit on the right of way for the purposes named in the easement agreement;

(b) vests in the holder of the easement title to the holder’s installations, materials and equipment, whether or not those installations, materials and equipment are or become affixed to the real property; and

(c) does not convey to the holder of the easement any mines or minerals or water on, in or under the right of way.

(2) The holder of an easement shall:

(a) in the laying down, construction, installation, reconstruction, replacement, repair or inspection of its lines, apparatus, equipment and accessories, except when the easement agreement or the minister otherwise directs, bury all pipes to a depth of not less than 18 inches (46 centimetres);

(b) identify each surface structure with a visible marker to reduce the incidence of damage to machinery, implements, vehicles and equipment;

(c) after the laying down, construction, installation, reconstruction, replacement, repair or inspection of its lines, apparatus, equipment and accessories, cause the surface of the ground to be:

(i) restored, as nearly as is practicable, to the condition the provincial land was in before the entry on and use by the holder of the easement; or

(ii) restored to a condition acceptable to the minister as being equivalent to the condition the provincial land was in before the entry on and use by the holder of the easement; and

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(d) if the minister directs, and at the expense of the holder of the easement, on discontinuance of the use of the right of way for the purposes named in the easement agreement:

(i) dig out, pull up and remove all pipes, poles, wires, anchors, manholes and other fixtures and appurtenances; and

(ii) restore the surface of the right of way, as nearly as is practicable, to the condition the provincial land was in before the entry on and use by the holder of the easement.

Access to certain provincial land

4‑8(1) Notwithstanding the terms and conditions of any lease or permit issued pursuant to these regulations, the minister may, in a licence, easement or utilization disposition, authorize the holder of the licence, easement or utilization disposition to enter on to the provincial lands that are the subject of a lease or permit.

(2) In issuing a licence, easement or utilization disposition, the minister may impose on the holder of the licence, easement or utilization disposition any terms and conditions that the minister considers necessary or advisable, including a term or condition that imposes an obligation on that person to compensate the lessee or permit holder for any damage done to:

(a) the lessee’s or permit holder’s property; or

(b) an improvement.

(3) Unless a lessee or permit holder otherwise consents to access, before authorizing access in a licence, easement or utilization disposition in accordance with this section, the minister shall give the lessee or permit holder 10 business days’ written notice of the intention to issue the licence, easement or utilization disposition.

PART 5Cancellation of Dispositions

Cancellation of certain dispositions

5‑1 Notwithstanding the terms or conditions of the disposition, if the minister considers it to be in the public interest, the minister may cancel a disposition other than a sale or transfer by providing:

(a) 2 years’ written notice; or

(b) written notice in accordance with any shorter notice period that may be provided for in the disposition.

Cancellation or withdrawal of provincial land from certain dispositions

5‑2 Notwithstanding the terms or conditions of the disposition, the minister may cancel a disposition other than a sale or transfer or withdraw provincial land from the disposition if the minister intends to issue one or more of the following with respect to all or a portion of the same provincial land included in the disposition:

(a) an oil and gas development lease;

(b) a mineral development lease;

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(c) a sand and gravel development lease;

(d) a lease issued in accordance with subsection 3‑1(2);

(e) a permit issued in accordance with subsection 4‑2(2).

Notice required

5‑3(1) Before cancelling a disposition other than a sale or transfer in accordance with section 2‑15 of the Act, or before cancelling a disposition other than a sale or transfer or withdrawing provincial land from a disposition in accordance with section 5‑2, the minister shall give the disposition holder 21 business days’ written notice of:

(a) the cancellation of the disposition; or

(b) the withdrawal of provincial land from the disposition.

(2) The notice mentioned in subsection (1) is to specify the date of the cancellation.

Compensation for withdrawal ‑ oil and gas development lease

5‑4(1) If the minister withdraws provincial land from an agricultural lease for the purpose of issuing an oil and gas development lease, the minister shall compensate the lessee of the agricultural lease in accordance with this section.

(2) Every lessee of an agricultural lease from which provincial land has been withdrawn pursuant to section 5‑2 for the purpose of issuing an oil and gas development lease is entitled to receive a one‑time payment of $500.

(3) If more than 1 well is drilled pursuant to an oil and gas development lease on provincial land withdrawn from an agricultural lease, the lessee of the agricultural lease with respect to that provincial land is entitled to receive a one‑time payment in the amount of $500 for:

(a) the second well; and

(b) each additional well.

(4) Subject to subsection (5), in the second and every subsequent year after provincial land has been withdrawn for the purpose of issuing an oil and gas development lease, the lessee of the agricultural lease from which provincial land has been withdrawn pursuant to section 5‑2 is entitled to a reduction in rent in the amount of $200 for each well located on the provincial land that was withdrawn from the agricultural lease.

(5) The maximum annual reduction in rent to which a lessee of an agricultural lease is entitled pursuant to subsection (4) is 30% of the annual rent otherwise payable pursuant to the agricultural lease.

Compensation for withdrawal ‑ wind power development lease

5‑5(1) If the minister withdraws provincial land from an agricultural lease for the purpose of issuing a lease for the development of wind power, the minister shall compensate the lessee of the agricultural lease in accordance with this section.

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(2) Every lessee of an agricultural lease from which provincial land has been withdrawn pursuant to section 5‑2 for the purpose of issuing a lease for the development of wind power is entitled to receive a one‑time payment of $500.

(3) If more than 1 wind power turbine is placed pursuant to a lease for the development of wind power on provincial land withdrawn from an agricultural lease, the lessee of the agricultural lease with respect to that provincial land is entitled to receive a one‑time payment in the amount of $500 for:

(a) the second wind power turbine; and

(b) each additional wind power turbine.

(4) Subject to subsection (5), in the second and every subsequent year after provincial land has been withdrawn for the purpose of issuing a lease for the development of wind power, the lessee of the agricultural lease from which provincial land has been withdrawn pursuant to section 5‑2 is entitled to a reduction in rent in the amount of $200 for each wind power turbine located on the provincial land that was withdrawn from the agricultural lease.

(5) The maximum annual reduction in rent to which a lessee of an agricultural lease is entitled pursuant to subsection (4) is 30% of the annual rent otherwise payable pursuant to the agricultural lease.

Compensation for withdrawal ‑ sand and gravel development lease

5‑6 If the minister withdraws provincial land from an agricultural lease for the purpose of issuing a sand and gravel development lease, the minister shall make:

(a) a one‑time payment of $200 to the lessee of the agricultural lease from which provincial land has been withdrawn pursuant to section 5‑2; and

(b) a one‑time payment of $50 for each acre (0.405 hectare) withdrawn up to 10 acres (4.05 hectares) and $20 for each acre (0.405 hectare) withdrawn in excess of 10 acres (4.05 hectares) to the lessee of the agricultural lease mentioned in clause (a).

No further compensation

5‑7 Subject to sections 5‑4 to 5‑6, the holder of a disposition is not entitled to any compensation with respect to:

(a) the cancellation of the disposition; or

(b) the withdrawal of provincial land from the disposition.

Prescribed period for cancellation for non‑payment of tax

5‑8 For the purposes of subsection 2‑17(1) of the Act, the prescribed period is 5 business days.

Prescribed category for grant in lieu of non‑payment of tax

5‑9 For the purposes of subsection 2‑20(3) of the Act, the prescribed category is provincial land administered by the minister.

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PART 6Improvements

Definitions for Part

6‑1 In this Part:

“improvements” means:

(a) any building or structure on provincial land;

(b) any fixtures attached to provincial land; or

(c) any beneficial changes to provincial land, including the following:

(i) the clearing and breaking of provincial land;

(ii) dams;

(iii) dugouts;

(iv) summerfallow;

(v) the sowing of perennial forage or seed crops;

“lessee” means the lessee of an agricultural lease.

Construction of improvements

6‑2 No lessee shall construct any improvement that is a building or structure unless the lessee has obtained the prior written consent of the minister.

Use and removal of improvements

6‑3(1) Notwithstanding any other law but subject to subsection (2), a lessee:

(a) has no rights of any kind in an improvement other than to use it pursuant to the lease; and

(b) has no right to remove improvements.

(2) The minister may enter into an agreement, on any terms and conditions that the minister considers advisable, to allow a lessee to remove improvements that are specified in the agreement.

Purchase of improvements

6‑4(1) The minister may purchase any improvements that remain on provincial land after the cancellation, termination or expiration of a lease.

(2) The minister may determine the value of improvements for the purpose of subsection (1) and that value is binding on the lessee.

Prescribed improvements

6‑5 For the purposes of subsection 2‑25(3) of the Act, any improvement specified in an agreement entered into by the minister in accordance with subsection 6‑3(2) is a prescribed improvement.

Forfeiture of prescribed improvements

6‑6 For the purposes of subsection 2‑25(3) of the Act, a prescribed improvement is forfeited if:

(a) the minister has provided 21 business days’ written notice that the prescribed improvement will be forfeited; and

(b) the former lessee does not remove the prescribed improvement in accordance with the agreement.

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PART 7General

General provisions

7‑1(1) The disposition holder shall, in the exercise of the rights that are the subject of the disposition:

(a) cause as little damage as possible to the provincial land or any improvement located on the provincial land;

(b) leave no hazard on the provincial land; and

(c) ensure that no noxious weeds, nuisance weeds, prohibited weeds or pests are brought on to or spread on the provincial land.

(2) No disposition holder shall fail to comply with subsection (1).

General terms and conditions

7‑2(1) No disposition holder shall fail to:

(a) comply with the terms and conditions of the disposition; and

(b) use every part of the provincial land that is subject to the disposition for the purpose for which the disposition was issued.

(2) On entering into a disposition, every disposition holder is deemed to indemnify the Crown and all persons mentioned in section 8‑5 of the Act from any claims, actions and demands for anything done by the disposition holder in the exercise of the rights granted pursuant to the disposition.

Maximum area for certain disposition holders

7‑3(1) Subject to subsection (2), without the approval of the Lieutenant Governor in Council, the minister shall not issue to a single disposition holder a lease or licence, or any combination of lease or licence, with respect to more than 25 000 acres (10 117 hectares) of provincial land.

(2) Subsection (1) does not apply to the following:

(a) a lease or licence, or any combination of lease or licence, if approval was granted in accordance with subsection (1) with respect to a previous disposition to the disposition holder, and the disposition is for substantially the same provincial land for which the approval was previously granted;

(b) a sand and gravel development lease, or a licence issued pursuant to clause 4‑4(1)(b), issued to the ministry over which the member of the Executive Council responsible for the administration of The Highways and Transportation Act, 1997 presides.

(3) In determining a single disposition holder’s holdings for the purpose of this section, the minister shall include all of the provincial land that is the subject of any lease or licence, or any combination of lease or licence, in the disposition holder’s name.

Lessee or permit holder to manage provincial land

7‑4 No lessee and no permit holder shall fail to actively manage the activity occurring on the land that is leased or subject to a permit for the purpose for which the lease or permit was issued.

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Weeds or pests

7‑5(1) In this section:

“contain” means contain as defined in The Weed Control Act;

“eradicate” means eradicate as defined in The Weed Control Act.

(2) No lessee and no permit holder shall fail to take measures to do the following with respect to the provincial land that is the subject of his or her lease or permit:

(a) eradicate prohibited weeds;

(b) eradicate, contain and control noxious weeds;

(c) control nuisance weeds;

(d) destroy, control and prevent the spread of pests.

(3) If a lessee or permit holder fails to comply with subsection (2), in addition to any other action the minister may choose to take, the minister may:

(a) enter, or authorize entry of an officer appointed pursuant to section 4‑1 of the Act, on the provincial land that is the subject of the lease or permit and expend public moneys:

(i) for the eradication, control or containment of prohibited weeds, noxious weeds and nuisance weeds or pests; or

(ii) to repay to any municipality its expenses for the purposes mentioned in subclause (i) with respect to the provincial land that is the subject of the lease or permit, if the expenses were first authorized by the minister in writing; and

(b) recover any expenditure made in accordance with clause (a):

(i) as additional rent in arrears;

(ii) as a debt due to the Crown; or

(iii) by adding the expenditure to the purchase price as an instalment in arrears when the provincial land is held pursuant to a sale agreement.

Interest on overdue rent, development fees and other fees

7‑6(1) Every person who is liable to pay rent, a development fee or any other fee pursuant to these regulations with respect to a disposition shall pay interest to the Crown at a rate equal to the prime lending rate of the financial institution holding the general revenue fund plus 3%.

(2) The interest mentioned in subsection (1) begins to accumulate on the first of the month following the billing date and ends at the beginning of the month in which payment is made in full.

Fees for services

7‑7 Every person requesting a service described in Table 1, 2 or 3 of the Appendix shall pay the fee for the service set out opposite the description of the service.

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Contraventions for which administrative penalties may be assessed ‑ Table 4

7‑8 For the purposes of section 7‑4 of the Act, the minister may assess a penalty for a contravention of provisions of the Act, the regulations or the terms and conditions of a disposition that are set out in Table 4 of the Appendix against any disposition holder.

Maximum administrative penalty

7‑9 The maximum amount of an administrative penalty is $10,000.

PART 8Repeal, Transitional and Coming into Force

Sask Reg 145/68 repealed

8‑1 The Provincial Lands Regulations, being Saskatchewan Regulations 145/68, are repealed.

Continuance of certain discounts

8‑2 Notwithstanding the enactment of these regulations and notwithstanding any other Act or law, subsection 1(3.1) of Part II of The Provincial Lands Regulations, being Saskatchewan Regulations 145/68, continues to apply to the sale of leased provincial lands pursuant to these regulations if the sale was commenced but not concluded before the repeal of The Provincial Lands Regulations, being Saskatchewan Regulations 145/68.

Transitional

8‑3(1) Subject to subsections (2) and (3), any lease, permit, licence, easement or other disposition issued pursuant to The Provincial Lands Regulations, being Saskatchewan Regulations 145/68, continues to be a lease, permit, licence, easement or utilization disposition pursuant to these regulations and may be dealt with as if issued pursuant to these regulations.

(2) Any sand and gravel lease issued pursuant to The Provincial Lands Regulations, being Saskatchewan Regulations 145/68 that does not include a removal authorization is deemed to be a sand and gravel development licence issued pursuant to clause 4‑4(1)(b) of these regulations.

(3) Any sand and gravel lease issued pursuant to The Provincial Lands Regulations, being Saskatchewan Regulations 145/68 that includes a removal authorization:

(a) is deemed to be a sand and gravel development lease with respect to that portion of the sand and gravel lease over which a removal authorization has been given; and

(b) is deemed to be a sand and gravel development licence with respect to that portion of the sand and gravel lease over which a removal authorization has not been given and the sand and gravel development licence is deemed to be issued pursuant to clause 4‑4(1)(b) of these regulations.

Coming into force

8‑4(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Provincial Lands Act, 2016 comes into force.

(2) If section 1 of The Provincial Lands Act, 2016 comes into force before the day on which these regulations are filed with the Registrar of Regulations, these regulations come into force on the day on which they are filed with the Registrar of Regulations.

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Appendix

TABLE 1Rent and fees for oil and gas development leases and easements

[Sections 3‑19, 4‑5 and 7‑7]

Item Description Fee ($)

1 First Year Oil and Gas Development Fee in the year development occurs (includes well sites and roads):

(a) when development occurs on land other than land under natural cover:

(i) first 3 acres (1.2 hectares) 780 per acre (0.405 hectare)

(ii) each subsequent acre (0.405 hectare) 390

(iii) each subsequent acre (0.405 hectare) when development occurs on existing trail

195

(b) when development occurs on land under natural cover:

(i) first 3 acres (1.2 hectares) 720 per acre (0.405 hectare)

(ii) each subsequent acre (0.405 hectare)

360

(iii) each subsequent acre (0.405 hectare) when development occurs on existing trail

180

2 Annual Rent (includes well sites and roads):

(a) if wells or roads are located on land other than land under natural cover:

(i) first 3 acres (1.2 hectares) 610 per acre (0.405 hectare), minimum charge of 1,220

(ii) each subsequent acre (0.405 hectare)

305

(b) if wells or roads are located on land under natural cover:

(i) first 3 acres (1.2 hectares) 590 per acre (0.405 hectare), minimum charge of 1,180

(ii) each subsequent acre (0.405 hectare)

295

(c) multiple well heads 350 for second and each additional well head located on the parcel

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Item Description Fee ($)

3 First Year Development Fee for Battery Sites (including access roads)

780 per acre (0.405 hectare)

4 Annual Rent for Battery Sites (includes access roads):

(a) first 3 acres (1.2 hectares) 1,350 per acre (0.405 hectare), minimum charge of 2700

(b) each subsequent acre (0.405 hectare) 305

5 Temporary Work Space (one‑time charge):

(a) land other than land under natural cover 390 per acre (0.405 hectare)

(b) land under natural cover 360 per acre (0.405 hectare)

6 Easement (one‑time charge)

(a) land other than land under natural cover 780 per acre (0.405 hectare)

(b) land under natural cover 720 per acre (0.405 hectare)

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TABLE 2

Sand and gravel development, construction material and exploration fees

[Sections 3‑23, 4‑5 and 7‑7]

Item Description Fee ‑ general ($) Fee ‑ if lessee a ministry of the Crown ($)

Fee ‑ if lessee a municipality ($)

1 Annual fee for sand and gravel development licence

2 per acre (0.405 hectare)

No charge 2 per acre (0.405 hectare)

2 Annual rent for sand and gravel development lease

10 per acre (0.405 hectare)

No charge 10 per acre (0.405 hectare)

3 Fee associated with sand and gravel development lease (occupied land)

200, plus 200 per acre (0.405 hectare) for the first 10 acres (4.05 hectares), and 170 per acre (0.405 hectare) for each additional acre (0.405 hectare) after the first 10 acres (4.05 hectares)

200, plus 50 per acre (0.405 hectare) for the first 10 acres (4.05 hectares), and 20 per acre (0.405 hectare) for each additional acre (0.405 hectare) after the first 10 acres

200, plus 200 per acre (0.405 hectare) for the first 10 acres (4.05 hectares), and 170 per acre (0.405 hectare) for each additional acre (0.405 hectare) after the first 10 acres (4.05 hectares)

4 Fee associated with sand and gravel development lease (vacant land)

150 per acre (0.405 hectare) for the first 10 acres (4.05 hectares), and 20 per acre (0.405 hectare) for each additional acre (0.405 hectare) after the first 10 acres (4.05 hectares)

No charge 150 per acre (0.405 hectare) for the first 10 acres (4.05 hectares), and 20 per acre (0.405 hectare) for each additional acre (0.405 hectare) after the first 10 acres (4.05 hectares)

5 Royalty for sand and gravel removed if sand and gravel used by lessee

0.20 per cubic metre No charge No charge

6 Royalty for sand and gravel removed if sand and gravel sold or otherwise used by another person

0.20 per cubic metre 0.20 per cubic metre 0.20 per cubic metre

7 Construction material withdrawal fee

150, plus 150 per acre (0.405 hectare) of land disturbed

No charge 150, plus 150 per acre (0.405 hectare) of land disturbed

8 Test Holes

(a) created by backhoe or auger

5 per excavation No charge 5 per excavation

(b) created by dragline 10 per excavation No charge 10 per excavation

9 Exploration licence land access fee

0.50 per acre (0.405 hectare)

No charge 0.50 per acre (0.405 hectare)

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TABLE 3

General Fees[Sections 3‑19, 3‑23 and 7‑7]

Item Description Fee ($)

1 Issuing or amending a disposition (includes a sale agreement)

200

2 Assignment of a disposition between family members (lease or permit)

200

Assignment of oil and gas development lease 200 per lease to a maximum of 2,000

Lease or permit assignments Greater of 200 and equivalent of 1 year’s rent

All other assignments 200

3 For recording a name change 100

Due to spousal election No charge

4 For issuing a certified copy of any document 4 per page

Minimum charge of 20

5 Seismic licence fees on vacant land 435 per km on cultivated lands;

250 per km on grazing lands;

access charge of 185 per km;

minimum charge of 150 per quarter section crossed

6 Land valuation fees–charged to lessee if land purchase does not occur

300 for first parcel;

100 for each subsequent parcel, to a maximum of 1,000 per application

7 Easement (other than easement required for oil and gas developments) (one‑time charge):

Domestic water pipeline 100 per acre (0.405 hectare)

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Item Description Fee ($)

Easement required for public utility (a) greater of 780 per acre (0.405 hectare) and the amount payable by the tariff of the public utility;

(b) no charge if the easement is required to provide a service line to a primary producer

Easement required for activity regulated by National Energy Board

As set by tariff of the National Energy Board

All other easements 780 per acre (0.405 hectare)

8 Annual wild rice licence fee 2.50 per hectare

9 Time spent by the ministry for providing services not otherwise provided for in this Appendix

15 per half hour or portion of a half hour of staff time

TABLE 4Contraventions for which an administrative penalty may be assessed

[Section 7‑8]

Item Description of contravention Provision

1 Allowing livestock owned by a person other than the lessee to be grazed on provincial land without an authorization

Section 3‑13 of the regulations

2 Over or under grazing Section 3‑14 of the regulations

3 Allowing noxious weeds, nuisance weeds, prohibited weeds or pests to be brought on to or spread on provincial land

Section 7‑1 of the regulations

4 Failure to use every part of the provincial land for the purpose for which the disposition was issued

Section 7‑2 of the regulations

5 Failure to actively manage leased provincial land

Section 7‑4 of the regulations

6 Failure to eradicate, contain or control prohibited weeds, noxious weeds or nuisance weeds or to destroy, control or prevent the spread of pests

Section 7‑5 of the regulations

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CHAPTER P‑31.1 REG 2

The Provincial Lands Act, 2016Section 9‑1

Order in Council 97/2017, dated March 8, 2017(Filed March 9, 2017)

PART 1Preliminary Matters

Title

1‑1 These regulations may be cited as The Crown Resource Land Regulations, 2017.

Definitions

1‑2 In these regulations:

“Act” means The Provincial Lands Act, 2016;

“applicable fee” means any fee, rental, charge or service charge imposed pursuant to these regulations for the use of any Crown resource land;

“Crown resource land” means all lands administered by the ministry;

“minister” means the member of the Executive Council responsible for the administration of The Forest Resources Management Act;

“ministry” means the ministry over which the minister presides;

“provincial forest” means any Crown resource land designated as provincial forest pursuant to The Forest Resources Management Act;

“resource land disposition” means any lease, permit or easement respecting the right to enter on, use or occupy lands governed by these regulations;

“Table” means a table set out in the Appendix.

Application

1‑3(1) Subject to the following Acts, these regulations apply to all Crown resource land:

(a) the Act;

(b) The Forest Resources Management Act;

(c) The Natural Resources Act.

(2) Crown resource land may be disposed of by a transfer, grant or resource land disposition for the purposes, in the manner and on the terms and conditions set out in these regulations.

(3) A licensee within the meaning of The Forest Resources Management Act shall obtain a resource land disposition to use or occupy Crown resource land for the purposes of a processing facility, camp, mill site, timber storage area, quarry, or sand and gravel pit or for any purpose other than that for which the licensee’s licence was issued pursuant to that Act.

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PART 2Sale of Crown Resource Land

Sale

2‑1(1) Subject to the approval of the Lieutenant Governor in Council, the minister may sell Crown resource land in accordance with this section if the Crown resource land is not part of a provincial forest.

(2) No parcel of unsurveyed Crown resource land is to be sold until it is surveyed and the plan of survey approved by the Controller of Surveys.

(3) The purchaser of the Crown resource land surveyed shall bear the costs of obtaining and registering any plan of survey.

(4) No sale of Crown resource land is to be made unless any development specified in any lease of that land has been completed.

(5) Notwithstanding any other provision in these regulations, for the purposes of satisfying or discharging any obligation or undertaking of the Government of Saskatchewan pursuant to a Framework Agreement as defined in The Treaty Land Entitlement Implementation Act or assisting the Government of Canada in fulfilling specific claims settlements for First Nations, the minister may sell Crown resource land on those terms and conditions that the minister considers necessary.

PART 3Resource Land Dispositions, Generally

Application of Part

3‑1 The provisions of this Part apply, with any necessary modification, to the resource land dispositions mentioned in Parts 4 and 5.

Leases

3‑2(1) Subject to subsections (2) and (3), the minister may lease Crown resource land on any terms and conditions that the minister considers appropriate.

(2) No lease of Crown resource land is to be issued for a term exceeding 33 years.

(3) Every lease of Crown resource land is subject to the Act, to the implied reservations set out in the Act, and to all of the following terms and conditions, whether the terms or conditions are set out in the lease or not:

(a) the lessee shall observe, perform and abide by all of the applicable provisions of these regulations and of any other law in effect in Saskatchewan;

(b) the lessee shall observe, perform and abide by any development requirements specified in the lease;

(c) without obtaining the prior written consent of the minister, the lessee shall not sell, mortgage, assign, transfer or sublet any of the lessee’s interest or rights under the lease;

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(d) if the lessee wishes to sell, mortgage, assign, transfer or sublet any of the lessee’s interest or rights under the lease, the lessee shall:

(i) obtain the written consent of the minister;

(ii) either:

(A) swear or affirm the value of the land or interest being disposed of; or

(B) if the minister is not satisfied with the information provided pursuant to paragraph (A), provide the minister with a certificate of value prepared by a person who, in the minister’s opinion, has appropriate qualifications to appraise the land or interest being disposed of; and

(iii) authorize the minister to disclose the information mentioned in subclause (ii) to the Saskatchewan Assessment Management Agency;

(e) no option to purchase the land described in the lease shall be exercisable unless the development specified in the lease has been completed;

(f) on all moneys owing pursuant to the terms of the lease that are not paid within 30 days after the due date for payment, the lessee shall pay interest at an annual rate equal to the sum of:

(i) the annual prime rate of interest that is charged by the Bank of Montreal on Canadian dollar commercial loans made in Canada to the bank’s most credit worthy customers as at April 1 of each year, commencing with the year in which the lessee defaults on the payment of the moneys specified in the lease and remaining constant to March 31 of the following year; and

(ii) 2%;

(g) the lessee shall pay all rents, charges, taxes, rates and assessments that may, at any time, be charged on or against or become payable with respect to the leased land or with respect to the occupation of the leased land by the lessee;

(h) if any lands are at any time required for transportation, communication, resource development or any other public purpose or for any purpose relating to facilitating the operation of an Act or an Act of the Parliament of Canada:

(i) the minister, if the minister considers it to be in the public interest, may cancel the lease or withdraw any portion of the land included in the lease on 21 business days’ written notice to the lessee; and

(ii) the lessee is entitled to a reduction of rent, charges or rates for any portion of land withdrawn but is not entitled to any claim or other compensation with respect to the cancellation of the lease or the withdrawal of the land;

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(i) subject to any terms and conditions that the minister considers appropriate, the Crown may authorize any person to enter, explore and search for minerals, sand or gravel in, on or under the land included in the lease;

(j) the lessee shall:

(i) keep the lessee’s buildings, grounds and premises in a safe, neat and sanitary condition; and

(ii) comply with any directions or instructions given by an officer of the ministry for that purpose;

(k) the lessee shall:

(i) dispose of all garbage, liquid wastes and other refuse in compliance with any requirements of these regulations and of any other applicable law; and

(ii) provide any facilities and receptacles that may be necessary for the purpose mentioned in subclause (i);

(l) the lessee shall pay on demand any charge that the minister may impose for the removal of garbage, liquid wastes and other refuse if the minister has made provisions for that removal.

Permits

3‑3(1) The minister may issue a permit to any person to use Crown resource land for any purposes that are set out in the permit.

(2) The minister may impose any terms and conditions that the minister considers appropriate on a permit issued pursuant to subsection (1).

(3) No person to whom a permit has been issued pursuant to subsection (1) shall fail to comply with any term or condition imposed pursuant to subsection (2) on that permit.

(4) No permit issued pursuant to subsection (1) is to be construed as including any land forming the bed or shore of any river, stream, watercourse, lake, creek, spring, ravine, canyon, lagoon, swamp, marsh or other body of water unless the permit expressly states that the land is included.

(5) Every permit issued pursuant to subsection (1) is:

(a) subject to the Act and the implied reservations set out in the Act; and

(b) deemed to include the terms and conditions set out in subsection 3‑2(3) except those terms and conditions that are expressly waived by the minister in the permit.

(6) For the purposes of clause (5)(b), subsection 3‑2(3) applies, with any necessary modification, to a permit issued pursuant to subsection (1).

(7) A permit issued pursuant to subsection (1) expires:

(a) on the date specified in the permit for its expiration; or

(b) if no date is specified pursuant to clause (a), on March 31 following the date on which the permit is issued.

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Easements

3‑4(1) The minister may issue an easement with respect to Crown resource land that grants the holder of the easement a right of way across, over, under, on or through Crown resource land for any of the following purposes:

(a) subject to section 4‑4, for gas exploration and development;

(b) to build, maintain or operate water or sewage pipelines;

(c) to build, maintain or operate power or telephone lines;

(d) for any other purpose for which, in the minister’s opinion, a right of way across, over, under, on or through Crown resource land is necessary.

(2) The minister may impose any terms and conditions that the minister considers appropriate on an easement issued pursuant to subsection (1).

(3) No person to whom an easement has been issued pursuant to subsection (1) shall fail to comply with any term or condition imposed pursuant to subsection (2) on that easement.

(4) No easement issued pursuant to subsection (1) is to be construed as including any land forming the bed or shore of any river, stream, watercourse, lake, creek, spring, ravine, canyon, lagoon, swamp, marsh or other body of water unless the easement expressly states that the land is included.

(5) Every easement issued pursuant to subsection (1) is:

(a) subject to the Act, and the implied reservations set out in the Act; and

(b) deemed to include the terms and conditions set out in subsection 3‑2(3) except those terms and conditions that are expressly waived by the minister in the easement.

(6) For the purposes of clause (5)(b), subsection 3‑2(3) applies, with any necessary modification, to an easement issued pursuant to subsection (1).

(7) Subject to subsection (8), an easement issued pursuant to subsection (1) expires:

(a) on the date specified in the easement for its expiration; or

(b) if no date is specified pursuant to clause (a), on March 31 following the date on which the easement is issued.

(8) Notwithstanding subsection (7), an easement issued to a Crown corporation or a municipality for a public utility purpose expires:

(a) on the date specified in the easement for its expiration; or

(b) if no date is specified pursuant to clause (a), on the date on which the minister becomes aware that:

(i) the easement is no longer required; or

(ii) the purpose for which the easement was issued has changed.

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PART 4Petroleum and Natural Gas Dispositions

Petroleum and natural gas dispositions

4‑1(1) In this Part:

“petroleum and natural gas” means petroleum, natural gas or petroleum and natural gas;

“petroleum and natural gas disposition” means any disposition that is:

(a) a petroleum and natural gas easement;

(b) a petroleum and natural gas surface lease; or

(c) a petroleum and natural gas surface permit;

“petroleum and natural gas easement” means an easement with respect to Crown resource land that is issued pursuant to section 4‑4;

“petroleum and natural gas surface lease” means a lease of Crown resource land that is issued pursuant to section 4‑3;

“petroleum and natural gas surface permit” means a permit with respect to Crown resource land that is issued pursuant to section 4‑2;

“site” includes the surface and subsurface of land and any water on or below the surface of land;

“substance” means a substance within the meaning of The Environmental Management and Protection Act, 2010.

(2) Every holder of a petroleum and natural gas disposition shall pay to the ministry the applicable fee set out in Tables 2 and 4.

(3) Every holder of a petroleum and natural gas disposition shall, before the expiry or surrender of the disposition and at the disposition holder’s expense:

(a) in accordance with The Oil and Gas Conservation Regulations, 2012:

(i) plug and abandon any well, structure test hole, oil shale core hole or related facility that was drilled or used by the disposition holder; and

(ii) remove all materials, refuse, equipment, structures, buildings, concrete bases and other fixtures and personal property placed on the site by the disposition holder;

(b) provide evidence satisfactory to the minister that any substance on the site arising from the disposition holder’s use of the site is within levels that are acceptable to the minister; and

(c) provide to the minister and execute a plan to restore the surface of the lands:

(i) as nearly as is practicable to the condition that the surface was in before the disposition was issued; or

(ii) if it is not practicable to restore the surface to the condition that it was in before the disposition was issued, to a condition that is acceptable to the minister.

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(4) Notwithstanding the expiration of a petroleum and natural gas disposition, until the disposition holder complies with clauses (3)(a) and (b), the disposition holder remains liable for the payment of fees pursuant to the disposition at the rate established for annual surface rental charge pursuant to Table 2.

(5) Notwithstanding the expiration of a petroleum and natural gas disposition, if the disposition holder has complied with clauses (3)(a) and (b) but not with clause (3)(c), the disposition holder remains liable for the payment of fees pursuant to the disposition at the rate established for annual surface restoration pursuant to Table 2 until the disposition holder complies with clause (3)(c).

Petroleum and natural gas surface permits

4‑2(1) The minister may issue a petroleum and natural gas surface permit with respect to any Crown resource land that is required for or in connection or conjunction with any of the following activities:

(a) the carrying out of seismic exploration or surface exploration related to the development, exploration and recovery of petroleum and natural gas;

(b) the repair and maintenance of facilities that are:

(i) necessary for the storage and transportation of petroleum and natural gas; and

(ii) located outside the area covered by a petroleum and natural gas surface lease.

(2) Every person who wishes to obtain a petroleum and natural gas surface permit shall submit a development plan to the ministry that is acceptable to the minister and that identifies:

(a) the intended location of all seismic exploration, surface exploration, drilling, maintenance and other activities to be carried out pursuant to the permit; and

(b) the location of all facilities to be repaired or maintained pursuant to clause (1)(b).

Petroleum and natural gas surface leases

4‑3(1) The minister may issue a petroleum and natural gas surface lease of any Crown resource land that is required for or in connection or conjunction with any of the following activities:

(a) the development of, exploration for and recovery of petroleum and natural gas;

(b) the building, maintaining and operating of facilities, including pumping stations, compressor stations, pipeline control facilities, storage facilities and roads for the purpose of storing and transporting petroleum and natural gas;

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(c) any other activity related to the development of, exploration for and recovery of petroleum and natural gas and the restoration of the lands that are subject to the lease.

(2) Every person who wishes to obtain a petroleum and natural gas surface lease shall file a development plan with the ministry that is acceptable to the minister and that identifies:

(a) the location of all facilities related to the activities intended to be carried out pursuant to the lease, including:

(i) all wells; and

(ii) all, or that portion of all, pipelines and roads that are related to the activities intended to be carried out pursuant to the lease; and

(b) the intended location of all drilling, construction and other activities to be carried out pursuant to the lease.

Petroleum and natural gas easements

4‑4(1) The minister may issue a petroleum and natural gas easement with respect to any Crown resource land that grants to the holder of the easement a right of way across, over, under, on or through Crown resource land to build, maintain and operate a pipeline or road that is required for or in connection or conjunction with the exploration, recovery, storage or transportation of petroleum and natural gas.

(2) Every person who wishes to obtain a petroleum and natural gas easement shall file a development plan with the ministry that is acceptable to the minister and that identifies:

(a) the location of all facilities related to the activities intended to be carried out pursuant to the easement, including:

(i) all wells; and

(ii) all, or that portion of all, pipelines and roads that are related to the activities intended to be carried out pursuant to the easement; and

(b) the intended location of all construction, maintenance and other activities to be carried out pursuant to the easement.

PART 5Other Disposition Categories

Sand and gravel dispositions

5‑1(1) As a term or condition of issuing a resource land disposition respecting sand and gravel, the minister may require the disposition holder to file a surety bond or other security in the amount and form specified by the minister for the purpose of ensuring that all Crown resource land used or disturbed by the production, use or removal of sand and gravel is reclaimed to a condition that is satisfactory to the minister.

(2) The minister shall return a security filed pursuant to subsection (1) to the disposition holder if:

(a) the disposition holder has ceased using the Crown resource land for the purpose for which the resource land disposition was issued; and

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(b) the minister is satisfied that the Crown resource land that was the subject of the resource land disposition has been reclaimed to a condition that is satisfactory to the minister.

(3) If the minister is not satisfied that the matters mentioned in subsection (2) have been met, the disposition holder’s security filed pursuant to subsection (1) is forfeited to the Crown.

(4) Every resource land disposition authorizing the production, use or removal of sand and gravel is subject to the following terms and conditions:

(a) if the sand and gravel to be removed does not exceed 350 cubic metres, the disposition holder shall pay a royalty, in accordance with Table 1, at the time the resource land disposition is issued;

(b) if the sand and gravel to be removed exceeds 350 cubic metres, on or before March 31 of each year the disposition holder shall:

(i) submit a written report to the minister, in a form satisfactory to the minister, respecting the volume of sand and gravel produced and either used or removed by the disposition holder in the previous year;

(ii) pay a royalty, in accordance with Table 1, based on the total volume of sand or gravel produced, used or removed in the previous year; and

(iii) submit a written report indicating, for the upcoming year, the number of developed and undeveloped hectares of land for each resource land disposition;

(c) without limiting the generality of section 6‑1, the resource land disposition may be cancelled if the holder of the disposition does not extract sand, gravel or both:

(i) within 1 year after the issuing of the resource land disposition; or

(ii) within any 2‑year period during the term of the resource land disposition.

Mineral development surface leases

5‑2(1) In this section, “mineral development surface lease” means a lease of Crown resource land for the purpose of accessing the land in order to extract minerals.

(2) The minister may issue a mineral development surface lease to an applicant if the applicant:

(a) is a holder of an interest in any minerals in the proposed disposition area;

(b) has prepared and submitted to the minister a plan of survey, descriptive plan or other description of the proposed disposition area that is satisfactory to the minister;

(c) has submitted evidence satisfactory to the minister that the proposed disposition area is essential to the carrying out of the applicant’s mining operation.

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Peat exploration or extraction dispositions

5‑3(1) Any person who wishes to obtain a permit to explore for peat on Crown resource land or a lease to extract peat on Crown resource land shall apply to the minister in writing and provide the minister with the following information:

(a) a legal description or a plan of the proposed disposition area;

(b) any other information that the minister may require to determine whether or not to issue the disposition.

(2) Subject to any terms and conditions the minister considers appropriate, the minister may issue, as the case requires:

(a) a permit authorizing the permittee to explore for peat on Crown resource land for any purpose other than for fuel; or

(b) a lease authorizing the lessee to extract peat from Crown resource land for any purpose other than for fuel.

(3) Every lessee under a lease issued pursuant to clause (2)(b) shall:

(a) in addition to paying any applicable fees set out in Table 1, pay to the minister on or before March 31 of each year the royalty set out in Table 1 required for the previous year;

(b) submit to the minister on or before March 31 in each year a written report, in a form satisfactory to the minister, including information respecting:

(i) the volume of peat shipped in the previous year; and

(ii) for both the previous year and the upcoming year, the number of developed and undeveloped hectares for each lease to extract peat;

(c) maintain adequate records to confirm the volume of peat shipped and the amount of fees and royalties to be paid; and

(d) make those records available to any officer of the ministry at the officer’s request.

(4) If a forest ecosystem is the predominant ecosystem in the area for which a lease has been issued pursuant to clause (2)(b), the lease is deemed to be:

(a) a lease to harvest a forest product for the purposes of The Forest Resources Management Act; and

(b) a disposition for the purposes of the Act.

(5) A lease issued pursuant to clause (2)(b) provides the lessee with the right to extract peat only, and if the lessee intends to use the land for any other purpose, the lessee shall obtain a resource land disposition pursuant to these regulations for that other purpose.

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Haying and grazing dispositions

5‑4(1) If a person holds a forest product permit or a term supply licence pursuant to The Forest Resources Management Act for the purpose of haying or grazing on Crown resource land in a provincial forest, the person is not required to hold a resource land disposition pursuant to these regulations.

(2) To undertake haying or grazing on Crown resource land outside of a provincial forest, a person must hold a resource land disposition to do so issued pursuant to these regulations.

(3) If a forest ecosystem is the predominant ecosystem in the area for which a resource land disposition for haying or grazing has been issued, the resource land disposition is deemed to be:

(a) a licence to harvest a forest product for the purposes of The Forest Resources Management Act; and

(b) a disposition for the purposes of the Act.

(4) As a condition of issuing a resource land disposition respecting haying, the minister may require the applicant to submit an operating plan, in a form satisfactory to the minister, that sets out all of the following:

(a) plans respecting the development of improvements, including how access to the disposition area is to be developed or maintained;

(b) plans to minimize the effects on riparian areas and other sensitive areas identified by the minister;

(c) any other matter the minister considers appropriate.

(5) As a condition of issuing a resource land disposition respecting grazing, the minister may require the applicant to submit a range management plan, in a form satisfactory to the minister, that sets out the following:

(a) plans to minimize soil compaction, including methods of livestock distribution;

(b) plans to develop improvements, including water sources;

(c) plans to minimize effects on riparian areas, reforested and regenerating areas, and other sensitive areas identified by the minister;

(d) methods for containing livestock in the proposed disposition area;

(e) methods for ensuring proper identification of livestock;

(f) plans respecting access to the proposed disposition area;

(g) any other matter the minister considers appropriate.

PART 6General Administrative Provisions

When minister may amend, suspend, cancel or refuse to issue resource land disposition

6‑1(1) In the circumstances mentioned in subsection (2), the minister may:

(a) subject to subsection (3), amend, suspend or cancel a resource land disposition; or

(b) refuse to issue a resource land disposition.

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(2) The minister may take any action mentioned in subsection (1) if the minister is satisfied that:

(a) the disposition holder or proposed disposition holder, as the case may be:

(i) is in contravention of any provision of the Act, The Forest Resources Management Act or these regulations;

(ii) has failed to comply with any term or condition of a current or former resource land disposition;

(iii) is in arrears in any payment respecting an indebtedness to the Crown;

(iv) owes taxes to a municipality with respect to any Crown resource land;

(v) made a false or misleading statement in any application, information, materials or plans that were submitted to the minister; or

(vi) is carrying on an unauthorized activity on Crown resource land that is causing, has caused, or is likely to cause damage to that land;

(b) in the case of an existing resource land disposition, the resource land disposition was issued as a result of a clerical or administrative error; or

(c) it is in the public interest to:

(i) amend, suspend or cancel the resource land disposition; or

(ii) refuse to issue the resource land disposition.

(3) Before the minister amends, suspends or cancels a resource land disposition pursuant to clause (1)(a), the minister shall give the disposition holder:

(a) written notice of the minister’s intention and the reasons for the proposed amendment, suspension or cancellation of the resource land disposition; and

(b) an opportunity to make written representations to the minister, within 21 business days after the written notice mentioned in clause (a) is served, as to why the resource land disposition should not be amended, suspended or cancelled.

(4) The minister is not required to give an oral hearing to any person to whom a notice has been given pursuant to subsection (3).

(5) After receiving written representations pursuant to clause (3)(b) or if no written representations are received within the 21 business day period mentioned in clause (3)(b), the minister shall issue a written decision and serve the decision on the person to whom notice was given pursuant to subsection (3).

Calculation of applicable fees

6‑2(1) In this section:

“forest management agreement” means a forest management agreement entered into in accordance with The Forest Resources Management Act;

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“term supply licence” means a term supply licence issued or granted pursuant to The Forest Resources Management Act.

(2) Notwithstanding any provision in a resource land disposition, the applicable fee for the disposition of those lands is the applicable fee set out in Table 1, 2, 3 or 4.

(3) The holder of a resource land disposition mentioned in subsection (2) shall pay the applicable fees required by that subsection:

(a) before the resource land disposition is issued; and

(b) if the resource land disposition is for more than 1 year, in accordance with the terms of the resource land disposition, but always in advance of the anniversary date of the resource land disposition.

(4) Every person who wishes to obtain a service described in Table 4 shall pay the applicable fee set out opposite the description of the service.

(5) A licensee who holds a licence respecting a forest management agreement or a term supply licence is not required to pay any fees or charges respecting a resource land disposition if it was necessary for the licensee to obtain the resource land disposition to carry out the licensee’s forest management activities under the licence.

(6) The applicable fees set out in Tables 1, 2 and 3 are annual fees or charges unless otherwise indicated in the appropriate Table.

(7) The applicable fees set out in Table 4 are one‑time‑only fees or charges.

PART 7Repeal, Transitional and Coming into Force

RRS c P‑31, Reg 17 repealed

7‑1 The Crown Resource Land Regulations are repealed.

Transitional ‑ existing dispositions

7‑2(1) Subject to subsection (2), any disposition of Crown resource land issued or continued pursuant to The Crown Resource Land Regulations:

(a) continues in effect according to its terms until it expires; and

(b) notwithstanding its terms, is deemed to be a resource land disposition issued pursuant to these regulations and is subject to the provisions of these regulations.

(2) If a disposition of Crown resource land issued or continued pursuant to The Crown Resource Land Regulations contains provisions that are expressly inconsistent with these regulations, those provisions are void to the extent that they are inconsistent with these regulations.

Coming into force

7‑3(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Provincial Lands Act, 2016 comes into force.

(2) If section 1 of The Provincial Lands Act, 2016 comes into force before the day on which these regulations are filed with the Registrar of Regulations, these regulations come into force on the day on which they are filed with the Registrar of Regulations.

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Appendix

TABLE 1[Sections 5‑1, 5‑3 and 6‑2]

Applicable Fees – General

1 In this Table:

“fiscal year” means the period commencing on April 1 in one year and ending on March 31 in the following year; and

“Indian band” means a band as defined in the Indian Act (Canada) and includes the council of a band.

2 In this Table:

(a) if a fee or rental charge is charged for additional frontage metres, the fee or rental charge to be charged for a fraction of an additional frontage metre is to be calculated using the following formula:

fee or rental charge = F × P 1 metre

where:

F is the fee or rental charge for a full additional frontage metre; and

P is the size of the fraction measured in metres;

(b) if a fee or rental charge is charged for excess area, the fee or rental charge to be charged for a fraction of a hectare is to be calculated using the following formula:

fee or rental charge = F × P 1 hectare

where:

F is the fee or rental charge for a full excess hectare; and

P is the size of the fraction measured in hectares;

(c) if an annual fee or rental charge is charged for a period of 11 months or less, the fee or rental charge is to be calculated as a monthly fraction of the fee or rental charge for a whole year, with the minimum fee or rental charge being the fee or charge for 1 month.

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Item Resource land disposition Amount ($)

1 Commercial Purpose

(a) remote site:

lot (up to 92 metres in depth) of not more than 23 frontage metres

each additional frontage metre

excess area (over 92‑metre depth), each hectare

550

14

132

(b) lot in a subdivision 6% of the assessed land value

2 Residential Purpose

(a) remote site:

lot (up to 46 metres in depth) of not more than 23 frontage metres

each additional frontage metre

excess area (over 46‑metre depth), each hectare

275

7

110

(b) lot in a subdivision 6% of the assessed land value

3 Recreational Purpose

(a) remote site:

lot (up to 46 metres in depth) of not more than 23 frontage metres

each additional frontage metre

excess area (over 46‑metre depth), each hectare

275

12

110

(b) lot in a subdivision 6% of the assessed land value

4 Resource Use Purpose

trapping and commercial fishing, including residential resource use:

lot (up to 46 metres in depth) of not more than 23 frontage metres

foreshore installation no chargeno charge

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Item Resource land disposition Amount ($)

5 Institutional Purpose

corporations registered pursuant to The Non‑Profit Corporations Act, 1995:

for the first hectare or part of a hectare

for the 2nd to the 4th hectares, each hectare

for the 5th to 20th hectares, each hectare

for each hectare over 20 hectares

55

55

22

5

6 Agricultural Purpose

(a) non‑residential gardening or allotment gardening by an individual or non‑profit organization:

up to 0.4 hectares inclusive 44

(b) use by provincial government ministry no charge

(c) agricultural use of Crown resource land in a provincial forest:

for the first 10 hectares,

each hectare each hectare over 10 hectares

60

20

(d) land lot disposition for wild rice or aquacultural use:

lot (up to 46 metres in depth) of not more than 23 frontage metres

each additional frontage metre

excess area (over 46‑metre depth), each hectare

220

8

110

(e) other agricultural use of Crown resource

land that is not part of a provincial forest, including haying and grazing

The fees set out for that use pursuant to The Provincial Lands (Agriculture) Regulations

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Item Resource land disposition Amount ($)

7 Mineral Development, Industrial and Quarry Purpose

(a) mineral surface disposition:

each developed hectare

each undeveloped hectare

minimum rental

410

110

110

(b) industrial disposition:

each hectare

minimum rental

410

410

(c) quarry surface disposition:

for use by a provincial government ministry, municipality, community or regional park or for another public purpose no charge

for all other uses:

each developed hectare

each undeveloped hectare

minimum rental

410

110

110

(d) sand or gravel production, use and removal:

for use by a provincial government ministry, municipality, community, regional park or Indian band or for another public purpose no charge

for all other uses:

sand and gravel exploration

each hectare 1.40

sand and gravel surface rental

each developed hectare

each undeveloped hectare

minimum rental

410

110

110

sand and gravel royalty fees

each cubic metre of sand

each cubic metre of gravel

0.20

0.20

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Item Resource land disposition Amount ($)

8 Miscellaneous Use

(a) not more than 4 hectares inclusive:

each hectare

excess area over 4 hectares, each hectare

minimum rental

195

110

110

(b) provincial government ministry, university, municipality, community, or regional park rental no charge

(c) work authorization:

for work authorization carried out by a provincial government ministry, university, municipality, community or regional park

for all other uses

no charge

30

9 Airstrips

(a) private commercial:

each hectare 220

(b) public, free access:

each hectare 10

10 Rights of Way (other than petroleum and natural gas related)

(a) roads (leases, permits and easements):

each hectare 410

(b) surface irrigation pipe:

each hectare 195

(c) other easements:

issued to provincial government ministries, municipalities, communities or regional parks no charge

public utility (Saskatchewan Crown corporation) no charge

private and commercial use other than public utility, each hectare (one‑time fee) 410

11 Foreshore Installations

private or commercial:

minimum rental (for an installation of not more than 2 frontage metres)

each frontage metre over 2 metres

20

10

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Item Resource land disposition Amount ($)

12 Peat

(a) annual surface rental fee per hectare:

exploration before development

developed

undeveloped or reclaimed

1.25

3

2

(b) royalty (per cubic metre of peat) 0.12

TABLE 2[Sections 4‑1 and 6‑2]

Petroleum and Natural Gas Fees

In this Table:

(a) if a fee or rental charge is charged for excess area, the fee or rental charge to be charged for a fraction of a hectare is to be calculated using the following formula:

fee or rental charge = F × P 1 hectare

where:

F is the fee or rental charge for a full excess hectare; and

P is the size of the fraction measured in hectares; and

(b) if an annual fee or rental charge is charged for a period of 11 months or less, the fee or rental charge is to be calculated as a monthly fraction of the fee or rental charge for a whole year, with the minimum fee or rental charge being the fee or charge for 1 month.

Item Lease, Permit and Easement Fees Amount ($)

1 Work Authorization Permit 25

2 Seismic Line Permit, one‑time fee 650/ha

3 Temporary Work Space Permit 890/ha

4 First Year Development Fee (capital damage cost) related to well sites and access roads:

(a) up to 1.21 hectares 1780/ha

(b) additional hectares 890/ha

(c) existing trail 445/ha

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Item Lease, Permit and Easement Fees Amount ($)

5 Annual Surface Rental Charge related to well sites and access roads:

(a) up to 1.21 hectares 1460/ha

(b) additional hectares 730/ha

(c) minimum charge 1180

6 Battery Site (including roads, pumping stations, compressor stations, pipeline control facilities, storage facilities, etc.)

(a) first year development fee 1927/ha

(b) annual rental fee ‑ up to 1.21 hectares 3335/ha

(c) additional hectares 755/ha

(d) minimum charge 2700

7 Annual Multiple Well Head Fee

applied to a second and subsequent well heads 350 per head

8 Easement, other than roads

(a) one‑time or first annual fee 1780/ha

(b) annual fee, subsequent years 1105/ha

(c) distribution line (Saskatchewan Crown corporation)

no charge

9 Surface Lease Amendment Fee 200

10 Annual Surface Restoration Fee related to:

items 5, 6 and 8(b) above 50% of the applicable annual surface rental charge

TABLE 3[Section 6‑2]

Fees for Temporary Camps and Campsites

In this Table, if a fee or rental payment is charged for an area, the fee or rental payment to be charged for a fraction of a hectare is to be calculated using the following formula:

fee or rental charge = F × P 1 hectare

where:

F is the fee or rental payment for a full hectare; and

P is the size of the fraction measured in hectares.

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Item Resource land disposition Amount ($)1 Temporary Work Camp Purpose

(a) Class A:

over 500 person‑days of occupation per permit year, each hectare

minimum rental

825

330

(b) Class B:

100 to 500 person‑days of occupation per permit year, each hectare

minimum rental

385

165

(c) Class C:

less than 100 person‑days of occupation per permit year, each hectare

minimum rental

195

85

2 Campsite Purpose

campsite at a location other than in a provincial park or recreation site

The fees set out for an equivalent disposition on park land pursuant to The Parks Act.

TABLE 4[Sections 4‑1 and 6‑2]

Fees for Services

Item Service Amount ($)

1 Disposition assignment, amendment or lease renewal 35

2 Recording or registering any new permit or road easement, except for work authorizations 30

3 Recording or registering:

(a) any new right of way or lease other than:

(i) a road easement, road permit or public utility easement; or

(ii) a new industrial lease, quarry surface lease, mineral surface lease or oil and gas surface lease 55

(b) a new industrial lease, quarry surface lease, mineral surface lease or oil and gas surface lease 80

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Item Service Amount ($)

4 Grant, issue or transfer resulting from the sale of Crown resource land:

(a) for other than traditional resource use 110

(b) for traditional resource use 15

5 All service fees for government ministries, municipalities, communities and regional parks no charge

6 Provision of affidavits, statutory declarations, duplicate disposition documents and disposition document copies 5

7 Inspections conducted pursuant to the Act or these regulations for the purpose of complying with any term or condition of a resource land disposition, obtaining, assigning or renewing a resource land disposition for other than traditional resource use, changing disposition type, disposition area or land use, or obtaining a grant or transfer of Crown resource land:

(a) surface distance by road, trail or waterway to inspection site (other than for inspections within surveyed subdivisions) from conservation district headquarters and return, per kilometre

at government approved rates for employee road travel

(b) if inspection site is located within a surveyed subdivision 50

(c) if the inspection site is not road accessible, the total of:

(i) surface distance by road or trail to an aircraft rental location from conservation district headquarters and return, per kilometre; and

(ii) air transportation to inspection site from an aircraft rental location and return

at government approved rates for employee travel

actual aircraft rental cost and related charges

8 Recovery of resource land development or improvement expenses and related costs

actual cost incurred or apportioned per disposition parcel

9 Metes and bounds surveys performed by ministry’s officers:

(a) disposition area of not more than 1 hectare 110

(b) disposition area of more than 1 hectare 220

10 Recovery of third party costs ‑ incurred by minister during the administration of dispositions on behalf of disposition holder

actual costs incurred by the minister

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Item Service Amount ($)

11 Notice of cancellation actual costs incurred by the minister (minimum 100)

12 Reinstatement of cancelled resource land disposition 300

SASKATCHEWAN REGULATIONS 19/2017

The Securities Act, 1988Section 154

Commission Order, dated March 3, 2017and

Minister’s Order, dated March 7, 2017(Filed March 8, 2017)

Title

1 These regulations may be cited as The Securities Commission (Adoption of National Instruments) (NI 81‑102 and Related Consequential Amendments) Amendment Regulations, 2017.

RRS c S‑42.2 Reg 3 amended

2 The Securities Commission (Adoption of National Instruments) Regulations are amended in the manner set forth in these regulations.

Part V, Appendix amended

3(1) Part V of the Appendix is amended in the manner set forth in this section.

(2) Item 9.1 of Part B of Form 81‑101F1 in Appendix A is repealed and the following substituted:

“Item 9.1 Investment Risk Classification Methodology

For a mutual fund,

(a) state in words substantially similar to the following:

The investment risk level of this mutual fund is required to be determined in accordance with a standardized risk classification methodology that is based on the mutual fund’s historical volatility as measured by the 10‑year standard deviation of the returns of the mutual fund;

(b) if the mutual fund has less than 10 years of performance history and complies with Item 4 of Appendix F Investment Risk Classification Methodology to National Instrument 81‑102 Investment Funds, provide a brief description of the other mutual fund or reference index, as applicable; if the other mutual fund or reference index has been changed since the most recently filed prospectus, provide details of when and why the change was made; and

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(c) disclose that the standardized risk classification methodology used to identify the investment risk level of the mutual fund is available on request, at no cost, by calling [toll free/collect call telephone number] or by writing to [address]”.

(3) Form 81‑101F3 in Appendix C is amended:

(a) below the heading “General Instructions” by adding the following subsection after subsection (9):

“(9.1) Any exemption from or waiver of a provision of Form 81‑101F3 Contents of Fund Facts Document in relation to the disclosure under the heading ‘How Risky is it?’ expires on September 1, 2017 ”; and

(b) in Item 4 of Part I:

(i) in paragraph (2)(a) by striking out “adopted by the manager of the mutual fund” and substituting “prescribed by Appendix F Investment Risk Classification Methodology to National Instrument 81‑102 Investment Funds”;

(ii) in paragraph 2(a) by striking out “mutual fund’s”; and

(iii) in the Instructions by striking out “adopted by the manager of the mutual fund” and substituting “prescribed by Appendix F Investment Risk Classification Methodology to National Instrument 81‑102 Investment Funds, as at the end of the period that ends within 60 days before the date of the fund facts document”.

Part VI amended

4(1) Part VI of the Appendix is amended in the manner set forth in this section.

(2) The following Part is added after Part 15:

“PART 15.1 INVESTMENT RISK CLASSIFICATION METHODOLOGY

15.1.1 Use of Investment Risk Classification Methodology ‑ A mutual fund must

(a) determine its investment risk level, at least annually, in accordance with Appendix F Investment Risk Classification Methodology and

(b) disclose its investment risk level in the fund facts document in accordance with Part I, Item 4 of Form 81‑101F3, or the ETF facts document in accordance with Part I, Item 4 of Form 41‑101F4, as applicable”.

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(3) The following Appendix is added after Appendix E:

“APPENDIX F

INVESTMENT RISK CLASSIFICATION METHODOLOGY

Commentary

This Appendix contains rules and accompanying commentary on those rules. Each member jurisdiction of the CSA has made these rules under authority granted to it under the securities legislation of its jurisdiction.

The commentary explains the implications of a rule, offers examples or indicates different ways to comply with a rule. It may expand on a particular subject without being exhaustive. The commentary is not legally binding, but it does reflect the views of the CSA. Commentary always appears in italics and is titled ‘Commentary.’

Item 1 Investment risk level

(1) Subject to subsection (2), to determine the ‘investment risk level’ of a mutual fund,

(a) determine the mutual fund’s standard deviation in accordance with Item 2 and, as applicable, Item 3, 4 or 5,

(b) in the table below, locate the range of standard deviation within which the mutual fund’s standard deviation falls, and

(c) identify the investment risk level set opposite the applicable range.

Standard Deviation Range Investment Risk Level

0 to less than 6 Low

6 to less than 11 Low to medium

11 to less than 16 Medium

16 to less than 20 Medium to High

20 or greater High

(2) Despite subsection (1), the investment risk level of a mutual fund may be increased if doing so is reasonable in the circumstances.

(3) A mutual fund must keep and maintain records that document:

(a) how the investment risk level of a mutual fund was determined, and

(b) if the investment risk level of a mutual fund was increased, why it was reasonable to do so in the circumstances.

Commentary:

(1) The investment risk level may be determined more frequently than annually.Generally, the investment risk level must be determined again whenever it is no longer reasonable in the circumstances.

(2) Generally, a change to the mutual fund’s investment risk level disclosed on the most recently filed fund facts document or ETF facts document, as applicable, would be a material change under securities legislation in accordance with Part 11 of National Instrument 81‑106 Investment Fund Continuous Disclosure.

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Item 2 Standard deviation

(1) A mutual fund must calculate its standard deviation for the most recent 10 years as follows:

Standard Deviation

where n = 120 months

Ri = return on investment in month i

R = average monthly return on investment

(2) For the purposes of subsection (1), a mutual fund must make the calculation with respect to the series or class of securities of the mutual fund that first became available to the public and calculate the “return on investment” for each month using:

(a) the net asset value of the mutual fund, assuming the reinvestment of all income and capital gain distributions in additional securities of the mutual fund, and

(b) the same currency in which the series or class is offered.

Commentary:

For the purposes of Item 2, except for seed capital, the date on which the series or class of securities “first became available to the public” corresponds or approximately corresponds to the date on which the securities of the series or class were first issued to investors.

Item 3 Difference in classes or series of securities of a mutual fund

Despite Item 2(2), if a series or class of securities of the mutual fund has an attribute that results in a different investment risk level for the series or class than the investment risk level of the mutual fund, the “return on investment” for that series or class of securities must be used to calculate the standard deviation of that particular series or class of securities.

Commentary:

Generally, all series or classes of securities of a mutual fund will have the same investment risk level as determined by Items 1 and 2. However, a particular series or class of securities of a mutual fund may have a different investment risk level than the other series or classes of securities of the same mutual fund if that series or class of securities has an attribute that differs from the other. For example, a series or class of securities that employs currency hedging or that is offered in the currency of the United States of America (if the mutual fund is otherwise offered in the currency of Canada) has an attribute that could result in a different investment risk level than that of the mutual fund.

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Item 4 Mutual funds with less than 10 years of history

(1) For the purposes of Item 2, if it has been less than 10 years since securities of the mutual fund were first available to the public, and if the mutual fund is a clone fund and the underlying fund has 10 years of performance history, or if there is another mutual fund with 10 years of performance history which is subject to this Instrument, and has the same fund manager, portfolio manager, investment objectives and investment strategies as the mutual fund, then in either case the mutual fund must calculate the standard deviation of the mutual fund in accordance with Item 2 by

(a) using the available return history of the mutual fund, and

(b) imputing the return history of the underlying fund or the other mutual fund, respectively, for the remainder of the 10 year period.

(2) For the purposes of Item 2, if it has been less than 10 years since securities of the mutual fund were first available to the public, and paragraph (1) above does not apply, then the mutual fund must select a reference index in accordance with Item 5, and calculate the standard deviation of the mutual fund in accordance with Item 2 by

(a) using the return history of the mutual fund, and

(b) imputing the return history of the reference index for the remainder of the 10 year period.

Commentary:

Generally, if a mutual fund that is structured as a mutual fund trust does not have 10 years of performance history, the past performance of a corporate class version of that mutual fund should be used to fill in the missing past performance information required to calculate standard deviation. Likewise, if a mutual fund that is structured as a corporate class fund does not have 10 years of performance history, the past performance of a mutual fund trust version of that mutual fund should be used to fill in the missing past performance information required to calculate standard deviation.

Item 5 Reference index

(1) For the purposes of Item 4(2), the mutual fund must select a reference index that reasonably approximates, or for a newly established mutual fund, is expected to reasonably approximate, the standard deviation of the mutual fund.

(2) When using a reference index, a mutual fund must

(a) monitor the reasonableness of the reference index on an annual basis or more frequently if necessary,

(b) disclose in the mutual fund’s prospectus in Part B, Item 9.1 of Form 81‑101F1 or Part B, Item 12.2 of Form 41‑101F2, as applicable

(i) a brief description of the reference index, and

(ii) if the reference index has changed since the last disclosure under this section, details of when and why the change was made.

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Instructions:

(1) A reference index must be made up of one permitted index or, where necessary, to more reasonably approximate the standard deviation of a mutual fund, a composite of several permitted indices.

(2) In selecting and monitoring the reasonableness of a reference index, a mutual fund must consider a number of factors, including whether the reference index

(a) contains a high proportion of the securities represented, or expected to be represented, in the mutual fund’s portfolio,

(b) has returns, or is expected to have returns, highly correlated to the returns of the mutual fund,

(c) has risk and return characteristics that are, or expected to be, similar to the mutual fund,

(d) has its returns computed (total return, net of withholding taxes, etc.) on the same basis as the mutual fund’s returns,

(e) is consistent with the investment objectives and investment strategies in which the mutual fund is investing,

(f) has investable constituents and has security allocations that represent investable position sizes, for the mutual fund, and

(g) is denominated in, or converted into, the same currency as the mutual fund’s reported net asset value.

(3) In addition to the factors listed in (2), the mutual fund may consider other factors if relevant to the specific characteristics of the mutual fund.

Commentary:

A mutual fund must consider each of the factors in (2), and may consider other factors, as appropriate, in selecting and monitoring the reasonableness of a reference index. However, a reference index that reasonably approximates, or is expected to reasonably approximate, the standard deviation of a mutual fund may not necessarily meet all of the factors in (2).

Item 6 Fundamental changes

(1) For the purposes of Item 2, if there has been a reorganization or transfer of assets of the mutual fund pursuant to paragraphs 5.1(1)(f) or (g) or subparagraph 5.1(1) (h) (i) of the Instrument, the standard deviation must be calculated using the monthly “return on investment” of the continuing mutual fund, as the case may be.

(2) Despite subsection (1), if there has been a change to the fundamental investment objectives of the mutual fund pursuant to paragraph 5.1(1)(c) of the Instrument, for the purposes of Item 2, the standard deviation must be calculated using the monthly “return on investment” of the mutual fund starting from the date of that change”.

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Coming into force

5(1) Subject to subsections (2) and (3), these regulations come into force on March 8, 2017.

(2) Clause 3(3)(b) and subsection 4(3) come into force on September 1, 2017.

(3) If these regulations are filed with the Registrar of Regulations after March 8, 2017, sections 1 and 2, subsections 3(1) and (2), clause 3(3)(a) and subsections 4(1) and (2) of these regulations come into force on the day on which they are filed with the Registrar of Regulations.

SASKATCHEWAN REGULATIONS 20/2017

The Saskatchewan Crop Insurance Corporation ActSection 34

Order in Council 93/2017, dated March 8, 2017(Filed March 9, 2017)

Title

1 These regulations may be cited as The Saskatchewan Crop Insurance Corporation Amendment Regulations, 2017.

RRS c S‑12.1 Reg 1, section 22 amended

2 Subsections 22(4) and (5) of The Saskatchewan Crop Insurance Corporation Regulations are repealed and the following substituted:

“(4) An applicant must select one of the following coverage levels for all eligible crops:

(a) 50%;

(b) 60%;

(c) 70%;

(d) 80%.

“(5) Subject to subsection 12(2), the coverage level for each applicant is the coverage level selected pursuant to subsection (4) multiplied by a factor determined by the corporation in each year that reflects the applicant’s reduced risk of loss that results from combining all crops under the program”.

Coming into force

3 These regulations come into force on the day on which they are filed with the Registrar of Regulations.

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SASKATCHEWAN REGULATIONS 21/2017

The Real Estate ActSection 83

Order in Council 95/2017, dated March 8, 2017(Filed March 9, 2017)

Title

1 These regulations may be cited as The Real Estate Amendment Regulations, 2017.

RRS c R‑1.3 Reg 1, section 29 amended

2 Subsection 29(1) of The Real Estate Regulations is amended:

(a) in clause (a) by striking out “The Crop Insurance Act” and substituting “The Saskatchewan Crop Insurance Corporation Act”;

(b) in clause (b) by striking out “where” and substituting “if”; and

(c) by adding the following after clause (b):

“(b.1) an online real estate listing originating from a national shared data distribution pool, if the online real estate listing:

(i) includes a disclaimer statement that:

(A) states that the information is not intended to solicit a trade in real estate;

(B) sets out the limits of the posting broker’s or agent’s authority to trade in real estate, including the jurisdiction and type of property with respect to which that broker or agent is registered; and

(C) states that the viewer must contact a brokerage registered to trade in real estate in the jurisdiction in which the property is located for further information; and

(ii) is the only activity that is undertaken by the posting broker or agent with respect to that listed real estate; or”.

Coming into force

3 These regulations come into force on the day on which they are filed with the Registrar of Regulations.

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SASKATCHEWAN REGULATIONS 22/2017

The Post‑Secondary Education and Skills Training ActSection 19

Order in Council 96/2017, dated March 8, 2017(Filed March 9, 2017)

Title

1 These regulations may be cited as The Training Programs Amendment Regulations, 2017.

RRS c D‑22.01 Reg 1 amended

2 The Training Programs Regulations are amended in the manner set forth in these regulations.

Section 2 amended

3 Clause 2(b) is amended by striking out “Federation of Saskatchewan Indian Nations” and substituting “Federation of Sovereign Indigenous Nations”.

Part II repealed

4 Part II is repealed.

Section 24 amended

5 Clause 24(2)(c) is amended by striking out “department” and substituting “ministry”.

Section 26 amended

6 Clause 26(2)(f) is amended by striking out “The Workers’ Compensation Act, 1979” and substituting “The Workers’ Compensation Act, 2013”.

Section 31 amended

7 Clause 31(2)(d) is amended by striking out “department” and substituting “ministry”.

Section 35 amended

8(1) Subsection 35(1) is amended:

(a) by repealing clause (a) and substituting the following:

“(a) for each module of the test of general educational development, $7”;

(b) by repealing clause (b) and substituting the following:

“(b) for each rewrite of any module of the test of general educational development, $7”;

(c) in clause (c) by striking out “$15” and substituting “$20”;

(d) by repealing clause (d) and substituting the following:

“(d) for a duplicate general educational development transcript requested by a student:

(i) for the first five copies requested, $20;

(ii) for the sixth and subsequent copies requested, $2 each”; and

(e) in clause (e) by striking out “$15” and substituting “$20”.

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(2) Clause 35(2)(b) is amended:

(a) in subclause (i):

(i) in paragraph (B) by striking out “the Saskatchewan Assistance Regulations, being Saskatchewan Regulations 78/66” and substituting “The Saskatchewan Assistance Regulations, 2014 ”; and

(ii) in paragraph (C) by striking out “The Transitional Employment Allowance Regulations” and substituting “The Transitional Employment Allowance Regulations, 2005 ”; and

(b) in subclause (ii) by striking out “The Correctional Services Act ” and substituting “The Correctional Services Act, 2012 ”.

Section 35.4 amended

9 Section 35.4 is amended:

(a) by repealing clause (a) and substituting the following:

“(a) for an adult basic education transcript requested by a student:

(i) for the first five copies requested, $20;

(ii) for the sixth and subsequent copies requested, $2 each”; and

(b) in clause (b) by striking out “$15” and substituting “$20”.

Coming into force

10 These regulations come into force on the day on which they are filed with the Registrar of Regulations.

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