Law:British Columbia Indian Cut-off Lands Settlement Act

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S.c. 1984, c. 2

Assented to 1984-02-23

An Act to provide for the settlement of claims by Indian bands in British Columbia relating to certain lands cut off from their reserves

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the British Columbia Indian Cut-off Lands Settlement Act.


Interpretation

Definitions

2. In this Act,

“band”

« bande »

“band” has the same meaning as in the Indian Act;

“council of the band”

« conseil »

“council of the band” has the same meaning as in the Indian Act;

“cut-off lands”

« terres retranchées »

“cut-off lands” means land referred to in section 2(a) of the McKenna-McBride Agreement that had before 1916 been set aside for the use and benefit of Indians but that, pursuant to

(a) the Indian Affairs Settlement Act, chapter 32 of the Statutes of British Columbia, 1919,

(b) the British Columbia Indian Lands Settlement Act, chapter 51 of the Statutes of Canada, 1920, and

(c) the report of the Royal Commission on Indian Affairs for the Province of British Columbia of June 30, 1916, as approved by Canada Order in Council 1265 of July 19, 1924 and British Columbia Order in Council 911 of July 26, 1923,

ceased to be so set aside, but does not include any lands in the Railway Belt or Peace River Block;

“McKenna-McBride Agreement”

« Convention McKenna-McBride »

“McKenna-McBride Agreement” means the agreement signed in Victoria, British Columbia on September 24, 1912 and entitled "Memorandum of an Agreement arrived at between J.A.J. McKenna, Special Commissioner appointed by the Dominion Government to investigate the condition of Indian Affairs in British Columbia, and the Honourable Sir Richard McBride, as Premier of the Province of British Columbia".


Agreements

Agreements re cut-off lands settlements

3. (1) A band, or the council of the band, may enter into an agreement with Her Majesty in right of Canada and Her Majesty in right of British Columbia for the purposes of resolving and extinguishing claims in respect of cut-off lands asserted by the band and the council of the band

(a) against Her Majesty in right of British Columbia; or

(b) against Her Majesty in right of British Columbia and Her Majesty in right of Canada.

Agreement binding on band members and council

(2) Where a band or the council of the band enters into an agreement described in subsection (1), that agreement binds all existing and future members of the band and the council of the band and its successors.

Negotiations not an admission of legal obligation

4. Negotiations toward an agreement described in subsection 3(1), whether or not those negotiations result in such an agreement, do not constitute an admission by Her Majesty in right of Canada of the existence of any legal obligation of Her Majesty in right of Canada toward the band in question.

Existing agreements approved

5. Any agreement described in subsection 3(1) executed prior to the day this Act comes into force is hereby approved and declared to have effect as of the date of its execution.

Approval of future agreements

6. Where an agreement described in subsection 3(1) is executed on or after the day this Act comes into force, the Governor in Council may by order approve such agreement and declare it to have effect as of the date of its execution.


General

Other claims not affected

7. Nothing in this Act affects any claims asserted by a band or the council of the band other than claims in respect of cut-off lands.


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