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This enactment creates the Claim Settlements (Alberta and
Saskatchewan) Implementation Act. This new Act establishes
mechanisms to facilitate the implementation of those provisions of first
nations' claim settlements in Alberta and Saskatchewan that relate to
the creation of reserves or the addition of lands to existing reserves. The
new Act empowers the Minister of Indian Affairs and Northern
Development to set land apart as a reserve, and allows for the
accommodation of third-party rights and interests in that land during the
process of setting it apart as a reserve.
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The enactment makes related amendments to the Manitoba Claim
Settlements Implementation Act to make the relevant provisions of that
Act consistent with the corresponding provisions of the Claim
Settlements (Alberta and Saskatchewan) Implementation Act.
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Finally, the enactment makes related amendments to the
Saskatchewan Treaty Land Entitlement Act
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(a) to ensure that section 9 of that Act and the provisions of the Claim
Settlements (Alberta and Saskatchewan) Implementation Act will
not both apply to a given Saskatchewan treaty land entitlement
settlement agreement;
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(b) to give legislative confirmation to any NRTA Amendment
Agreements between Canada and Saskatchewan (i.e. agreements to
vary the Natural Resources Transfer Agreement) that are concluded
on terms similar to those of the NRTA Amendment Agreement
already confirmed by section 3 of that Act; and
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(c) to effect minor technical changes to that Act.
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Clause 8: The relevant portion of subsection 11(2)
reads as follows:
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(2) Lands set apart as a reserve under this section are subject to any
right or interest of a third party in the lands or in its mines and minerals
if
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(b) the right or interest has been granted to the third party under the
Federal Real Property and Federal Immovables Act; or
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Clause 9: New.
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Clause 10: New.
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Clause 11: The definition ``band'' in subsection 2(1)
reads as follows:
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``band'' means
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(a) the Keeseekoose, Muskowekwan, Ochapowace, Okanese,
Piapot, Star Blanket, Yellowquill, Beardy's & Okemasis, Flying
Dust, Little Pine, Moosomin, Mosquito Grizzly Bear's Head,
Muskeg Lake, One Arrow, Pelican Lake, Red Pheasant,
Saulteaux, Sweetgrass, Thunderchild, Witchekan Lake, Canoe
Lake and English River bands,
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(b) an Indian band that adheres to the Framework Agreement
under subsection 11(1), and
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(c) an Indian band to which this Act applies by virtue of
subsection 11(2);
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Clause 12: New.
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Clause 13: New.
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Clause 14: Subsection 11(2) reads as follows:
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(2) Where an agreement is entered into with an Indian band of
Saskatchewan in settlement of a treaty land entitlement claim on the
same or substantially the same basis as the Framework Agreement, the
Minister shall cause a notice to be published in the Canada Gazette
confirming that this Act applies to that Indian band.
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