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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-37 |
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An Act to facilitate the implementation of
those provisions of first nations' claim
settlements in the Provinces of Alberta
and Saskatchewan that relate to the
creation of reserves or the addition of
land to existing reserves, and to make
related amendments to the Manitoba
Claim Settlements Implementation Act
and the Saskatchewan Treaty Land
Entitlement Act
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CLAIM SETTLEMENTS (ALBERTA AND SASKATCHEWAN) IMPLEMENTATION ACT |
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Short title
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1. This Act may be cited as the Claim
Settlements (Alberta and Saskatchewan)
Implementation Act.
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Definitions
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2. The definitions in this section apply in
this Act.
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``council of
the first
nation'' « conseil de la première nation »
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``council of the first nation'' has the same
meaning as the expression ``council of the
band'' in the Indian Act.
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``first nation'' « première nation »
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``first nation'' means a band within the
meaning of the Indian Act.
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``mines and
minerals'' « mines et minéraux »
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``mines and minerals'' means mines and
minerals, whether precious or base, and
includes oil and gas, and royalties derived
from mines and minerals, but excludes
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``Minister'' « ministre »
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``Minister'' means the Minister of Indian
Affairs and Northern Development.
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``reserve'' « réserve »
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``reserve'' means a reserve within the
meaning of the Indian Act.
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Application of
Act
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3. This Act applies in respect of any
agreement, including amendments made to it
from time to time in accordance with its
provisions, to which a first nation in Alberta or
Saskatchewan and Her Majesty in right of
Canada are parties and by which lands are to
be set apart as reserves, if
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Deposit of
agreements
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4. The Minister shall have a copy of each
agreement to which this Act applies, and of
any amendments made to it, deposited in the
library of the Department of Indian Affairs
and Northern Development situated in the
National Capital Region and in such regional
offices of that Department and other places as
the Minister considers advisable.
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Setting lands
apart
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5. (1) The Minister may, in accordance with
an agreement to which this Act applies, set
apart as a reserve any lands the title to which
is vested in Her Majesty in right of Canada.
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Third parties
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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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Designation
of surrendered
right or
interest
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6. (1) If the council of a first nation has, by
resolution, requested that the Minister set
apart certain lands as a reserve under an
agreement to which this Act applies, the first
nation may, either
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designate conditionally or unconditionally, by
way of a surrender to Her Majesty in right of
Canada that is not absolute, any right or
interest in the lands, including for the purpose
of the replacement of an existing right or
interest in those lands.
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Application of
Indian Act
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(2) Sections 39, 40 and 41 of the Indian Act
apply in respect of a designation under
subsection (1), any references to the Governor
in Council being read as references to the
Minister.
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Power of the
Minister
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(3) On the acceptance by the Minister of a
designation under subsection (1), the Minister
may grant the designated right or interest to a
third party.
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Effect
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(4) If a designation under subsection (1) is
accepted by the Minister, the designation and
the granting of the right or interest by the
Minister take effect at the time the lands are
set apart as a reserve under section 5.
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Certain acts
deemed to
have been
done under
Indian Act
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(5) As of the time when the Minister sets
apart any lands as a reserve under section 5,
any right or interest in the lands that was
designated by way of a surrender under
subsection (1), and any resulting grant that
was made under subsection (3), are deemed to
have been designated or made, as the case may
be, under the Indian Act.
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Issuance of
permits by
Minister
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7. (1) If the council of a first nation has, by
resolution, requested that the Minister set
apart certain lands as a reserve under an
agreement to which this Act applies, the
Minister may, either
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authorize, by permit in writing, any person for
a period not exceeding one year or, with the
consent of the council of the first nation, for
any longer period, to occupy, use or reside on
any of those lands or exercise any other right
on them, including for the purpose of
replacing an existing right or interest of that
person in those lands.
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Effect
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(2) Rights granted by permits issued under
subsection (1) take effect at the time the lands
are set apart as a reserve under section 5.
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Certain acts
deemed to
have been
done under
Indian Act
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(3) As of the time when the Minister sets
apart any lands as a reserve under section 5, a
permit issued under subsection (1) in relation
to those lands, and any consent given under
that subsection, are deemed to have been
issued or given, as the case may be, under the
Indian Act.
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RELATED AMENDMENTS |
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2000, c. 33
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Manitoba Claim Settlements Implementation Act |
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2001, c. 4,
s. 165
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8. Paragraph 11(2)(b) of the French
version of the Manitoba Claim Settlements
Implementation Act is replaced by the
following:
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9. Section 12 of the Act is amended by
adding the following after subsection (4):
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Certain acts
deemed to
have been
done under
Indian Act
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(5) As of the time when the Minister sets
apart any lands as a reserve under section 11,
any right or interest in the lands that was
designated by way of a surrender under
subsection (1), and any resulting grant that
was made under subsection (3), are deemed to
have been designated or made, as the case may
be, under the Indian Act.
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10. Section 13 of the Act is amended by
adding the following after subsection (2):
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Certain acts
deemed to
have been
done under
Indian Act
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(3) As of the time when the Minister sets
apart any lands as a reserve under section 11,
a permit issued under subsection (1) in
relation to those lands, and any consent given
under that subsection, are deemed to have
been issued or given, as the case may be, under
the Indian Act.
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1993, c. 11
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Saskatchewan Treaty Land Entitlement Act |
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11. Paragraph (c) of the definition
``band'' in subsection 2(1) of the
Saskatchewan Treaty Land Entitlement Act
is replaced by the following:
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12. Section 3 of the Act is renumbered as
subsection 3(1) and is amended by adding
the following:
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Confirmation
of other
agreements
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(2) If, either before or after the coming into
force of this subsection,
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the agreement between the Government of
Canada and the Government of Saskatchewan
referred to in paragraph (b) is hereby
confirmed and shall take effect according to
its terms.
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13. Section 9 of the Act is amended by
adding the following after subsection (2):
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Non-applica- tion of this section
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(3) If a band referred to in paragraph (a) or
(b) of the definition ``band'' in subsection
2(1), or the Nekaneet band, assents or agrees,
under paragraph 3(a) or (b) of the Claim
Settlements (Alberta and Saskatchewan)
Implementation Act, to the application of that
Act in relation to an agreement to which this
Act applies, this section thereupon ceases to
apply to that agreement in so far as the
agreement affects the band so assenting or
agreeing.
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Non-applica- tion of this section
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(4) If
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this section does not apply, or thereupon
ceases to apply, as the case may be, to the
agreement referred to in paragraph (a) in so far
as the agreement affects the Indian band so
assenting or agreeing.
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14. Subsection 11(2) of the Act is replaced
by the following:
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Application of
Act to other
agreements
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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,
having regard to subsection 9(4), cause a
notice to be published in the Canada Gazette
confirming the extent to which this Act
applies to that agreement.
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