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Bill C-37

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SUMMARY

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.

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.

Finally, the enactment makes related amendments to the Saskatchewan Treaty Land Entitlement Act

    (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;

    (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

    (c) to effect minor technical changes to that Act.

EXPLANATORY NOTES

Manitoba Claim Settlements Implementation Act

Clause 8: The relevant portion of subsection 11(2) reads as follows:

(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

    . . .

    (b) the right or interest has been granted to the third party under the Federal Real Property and Federal Immovables Act; or

Clause 9: New.

Clause 10: New.

Saskatchewan Treaty Land Entitlement Act

Clause 11: The definition ``band'' in subsection 2(1) reads as follows:

``band'' means

      (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,

      (b) an Indian band that adheres to the Framework Agreement under subsection 11(1), and

      (c) an Indian band to which this Act applies by virtue of subsection 11(2);

Clause 12: New.

Clause 13: New.

Clause 14: Subsection 11(2) reads as follows:

(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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