Bill C-56
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-56 |
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An Act respecting an agreement with the
Norway House Cree Nation for the
settlement of matters arising from the
flooding of land, and respecting the
establishment of certain reserves in the
province of Manitoba
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Manitoba
Claim Settlements Implementation Act.
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PART 1 |
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NORWAY HOUSE CREE NATION FLOODED LAND |
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| Definitions
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2. The definitions in this section apply in
this Part.
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| ``Agree- ment'' « Accord »
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``Agreement'' means the agreement con
cluded between
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| ``first nation'' « première nation »
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``first nation'' means the Norway House Cree
Nation.
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| ``Flood
Agreement'' « Conven- tion »
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``Flood Agreement'' means the agreement
concerning the flooding of land concluded
between
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| Indian
moneys
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3. (1) Amounts paid to the first nation
pursuant to the Agreement, whether before or
after the coming into force of this Part, are not
Indian moneys within the meaning of
subsection 2(1) of the Indian Act.
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| Transfer of
amounts held
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(2) As soon as practicable after the coming
into force of this Part, all amounts collected,
received or held by Her Majesty in right of
Canada for the use or benefit of the first nation
pursuant to the Agreement shall be transferred
to the first nation in accordance with the
Agreement.
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| Subsection
35(4) of the
Indian Act
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4. Subsection 35(4) of the Indian Act does
not apply in respect of any amount paid,
whether before or after the coming into force
of this Part, to the first nation pursuant to the
Agreement.
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| Section 36 of
the Indian Act
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5. Where land is held or transferred
pursuant to the Agreement, section 36 of the
Indian Act does not apply in respect of that
land if the holder or transferee of the land, or
any subsequent holder or transferee of the
land, is not Her Majesty in right of Canada.
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| Claims
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6. A claim provided for by both the Flood
Agreement and the Agreement may be
exercised by
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only in accordance with the Agreement.
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| Arbitration
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7. Except as otherwise provided in the
Agreement, the legislation of Manitoba
relating to arbitration applies in respect of any
dispute between the parties to the Agreement
that, under the terms of the Agreement, is to be
settled by way of arbitration.
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PART 2 |
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RESERVE ESTABLISHMENT |
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| Definitions
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8. The definitions in this section apply in
this Part.
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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 mean
ing of the Indian Act.
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| ``mines and
minerals'' « mines et minéraux »
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``mines and minerals'' means mines and min
erals, whether precious or base, and in
cludes sand and gravel, oil and gas, and roy
alties derived from mines and minerals.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Indian Af
fairs and Northern Development.
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| ``reserve'' « réserve »
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``reserve'' means a reserve within the mean
ing of the Indian Act.
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| Application
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9. This Part 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 Manitoba
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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10. The Minister shall have a copy of each
agreement to which this Part 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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11. (1) The Minister may, in accordance
with an agreement to which this Part 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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12. (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 Part 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 inter
est 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 11.
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| Issuance of
permits by
Minister
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13. (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 Part 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 replac
ing 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 11.
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| Conditional
amendment- - Bill C-50
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14. If Bill C-50, introduced in the first
session of the thirty-sixth Parliament and
entitled A First Act to harmonize federal law
with the civil law of the Province of Quebec
and to amend certain Acts in order to ensure
that each language version takes into
account the common law and the civil law, is
assented to, then, on the later of the coming
into force of section 10 of that Act and the
coming into force of section 11 of this Act,
paragraph 11(2)(b) of this Act is replaced by
the following:
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