Law:Claim Settlements (Alberta and Saskatchewan) Implementation Act

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S.c. 2002, c. 3

Assented to 2002-03-21

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

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


Claim Settlements (alberta And Saskatchewan) Implementation Act

Short title

1. This Act may be cited as the Claim Settlements (Alberta and Saskatchewan) Implementation Act.

Definitions

2. The definitions in this section apply in this Act.

“council of the first nation”

« conseil de la première nation »

“council of the first nation” has the same meaning as the expression “council of the band” in the Indian Act.

“first nation”

« première nation »

“first nation” means a band within the meaning of the Indian Act.

“mines and minerals”

« mines et minéraux »

“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

(a) in Alberta, sand and gravel that is on the surface of the land, and royalties derived from that sand and gravel; and

(b) in Saskatchewan, all sand and gravel, and royalties derived from sand and gravel.

“Minister”

« ministre »

“Minister” means the Minister of Indian Affairs and Northern Development.

“reserve”

« réserve »

“reserve” means a reserve within the meaning of the Indian Act.

Application of Act

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

(a) in the case of an agreement named in the schedule, the council of the first nation has adopted a resolution assenting to the application of this Act in relation to the agreement; or

(b) the agreement provides for the application of this Act.

Deposit of agreements

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.

Setting lands apart

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.

Third parties

(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

(a) the agreement contemplates the continuation of rights or interests of that kind, and any requirement of the agreement with respect to the continuation of the right or interest has been satisfied;

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

(c) the right or interest is granted to the third party in accordance with section 6 or 7.

Designation of surrendered right or interest

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

(a) before the lands are transferred to Her Majesty in right of Canada by the first nation, by Her Majesty in right of Alberta, by Her Majesty in right of Saskatchewan or by a third party, or

(b) before the lands are set apart as a reserve under section 5,

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.

Application of Indian Act

(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.

Power of the Minister

(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.

Effect

(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.

Certain acts deemed to have been done under Indian Act

(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.

Issuance of permits by Minister

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

(a) before the lands are transferred to Her Majesty in right of Canada by the first nation, by Her Majesty in right of Alberta, by Her Majesty in right of Saskatchewan or by a third party, or

(b) before the lands are set apart as a reserve under section 5,

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.

Effect

(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.

Certain acts deemed to have been done under Indian Act

(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.


Related Amendments

8. to 14. (Amendments)

Schedule

(Paragraph 3(a))

Agreement entered into by the White Bear Band, dated January 30 and 31, 1986

Agreement entered into by the Peigan Band of Indians, dated April 21, 1987

Agreement entered into by the Woodland Cree Indian Band No. 474, dated August 20, 1991

Agreement entered into by the Kawacatoose Band, dated November 5, 1991

Agreement entered into by the Sakimay Band, dated March 11, 1992

Agreement entered into by the Kahkewistahaw Band of Indians, dated March 13, 1992

Agreement entered into by 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, dated September 22, 1992 and adhered to by the Onion Lake Band on October 26, 1992, by the Poundmaker Band on November 24, 1992 and by the Peter Ballantyne Band on February 25, 1993

Agreement entered into by the Nekaneet Band, dated September 23, 1992

Agreement entered into by the Janvier Indian Band No. 470, dated March 25, 1993

Agreement entered into by the Piapot Band, dated March 18, 1995

Agreement entered into by the Alexis Indian Band No. 437, dated March 23, 1995

Agreement entered into by the Ochapowace Band, dated March 30, 1995

Agreement entered into by the Carry the Kettle, Cote, Cowessess, Day Star, Fishing Lake, Gordon, Kahkewistahaw, Kawacatoose, Keeseekoose, Key Band, Kinistin, Little Black Bear, Muscowpetung, Muskowekwan, Nekaneet, Oceanman, Ochapowace, Okanese, Pasqua, Peepeekisis, Pheasant Rump, Piapot, Sakimay, Star Blanket, White Bear and Yellowquill bands, dated September 14, 1995

Agreement entered into by the Cowessess Band, dated March 14, 1996

Agreement entered into by the Carry the Kettle First Nation, dated March 29, 1996

Agreement entered into by the Little Black Bear Band, dated May 17, 1996

Agreement entered into by the Kainaiwa Tribe (also known as the Blood Tribe), dated November 7, 1996

Agreement entered into by the Alexander Indian Band No. 438 (also known as the Alexander First Nation), dated March 24, 1998

Agreement entered into by the Loon River Cree Indian Band No. 476, dated February 5, 1999

Agreement entered into by the Smith’s Landing First Nation, dated March 31, 2000

Agreement entered into by the Kawacatoose Band, dated October 20, 2000

Agreement entered into by the Horse Lake First Nation, dated November 23, 2000

Agreement entered into by the Fishing Lake First Nation, dated January 5, 2001

Agreement entered into by the Mistawasis First Nation, dated January 9, 2001


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