Law:Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act

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S.c. 1986, c. 23

Assented to 1986-06-17

An Act to approve, give effect to and declare valid certain agreements between the Government of Canada, the Government of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band

Preamble

WHEREAS the Government of Canada, the Government of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band have entered into an Agreement for the settlement of all claims and causes of action, past, present and future, arising out of the discharge be Reed Inc. and its predecessors of mercury and other pollutants into the English and Wabigoon and related river systems and the continuing presence of any such pollutants, including the continuing but now diminishing presence of methylmercury in the related ecosystems since its initial identification in 1969;

AND WHEREAS the discharge of such pollutants and governmental actions taken in consequence thereof may have had and may continue to have effects in respect of the social and economic circumstances and the health of the present and future members of the Bands;

AND WHEREAS the Government of Canada and the Government of Ontario have assumed certain obligations under the Agreement in favour of the Bands;

AND WHEREAS the Agreement provides, among other things, for the payment of certain sums to each Band, the establishment of the Grassy Narrows and Islington Bands Mercury Disability Board, the establishment of the Grassy Narrows and Islington Bands Mercury Disability Fund, the payment of benefits to Band members and, subject to certain exceptions contained in the Agreement, the abolition of all existing and future rights of action of the Bands and of every past, present or future member of the Bands, and the estates thereof, in respect of any claims and causes of action that are the subject of the Agreement, in consideration of the rights, privileges and benefits set out in the Agreement;

AND WHEREAS the Government of Canada and the Government of Ontario are obligated, pursuant to section 2.1 of the Agreement, to recommend to Parliament and the Legislature of Ontario, respectively, special legislation to give effect to the Agreement;

NOW, THEREFORE, 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 Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act.


Interpretation

Definitions

2. (1) In this Act,

“Agreement”

« Convention »

“Agreement” means the Memorandum of Agreement between Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, Her Majesty the Queen in Right of the Province of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band, signed by each party thereto in the month of November, 1985, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on May 21, 1986 and recorded as document number 331-7/43, as amended by the Escrow Agreement;

“Band”

« bande »

“Band” means the Islington Indian Band or the Grassy Narrows Indian Band;

“Escrow Agreement”

« contrat de mise en main tierce »

“Escrow Agreement” means the Escrow Agreement between Great Lakes Forest Products Limited, Her Majesty the Queen in Right of the Province of Ontario, Reed Inc. and National Trust Company, the terms of which were approved of and consented to by the Grassy Narrows Indian Band and Islington Indian Band and by Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, dated as of the 16th day of December, 1985, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on May 21, 1986 and recorded as document number 331-7/43.

Registered Indian deemed member of Band

(2) Any person registered as an Indian pursuant to the Indian Act who was customarily resident on a reserve of a Band before October 1, 1985 and who, pursuant to paragraph 1(b) of Schedule A to the Agreement, is deemed to be an applicant within the meaning of that paragraph shall, for the purposes of this Act, be deemed to be a member of the Band.


Agreement

Agreement approved

3. (1) The Agreement is hereby approved, given effect and declared valid.

Conferral of rights, privileges and benefits

(2) On the abolition of all rights of action referred to in subsection (3), the beneficiaries under the Agreement shall have the rights, privileges and benefits set out in the Agreement.

Abolition of rights of action

(3) Except as provided in sections 1.16 and 2.3 of the Agreement, all existing and future rights of action of a Band and of every past, present and future member of a Band, and of the estates thereof, in respect of any of the claims or causes of action that are the subject of the Agreement are hereby abolished.

Exception to Indian Act

4. (1) Subject to subsection (2), for the purposes of subsection 90(1) of the Indian Act,

(a) all moneys paid or payable to a Band pursuant to the Agreement, and any personal property purchased by the Band therewith,

(b) all moneys paid at the discretion of a Band in accordance with the Agreement to a trust or corporation, and any personal property purchased by the trust or corporation therewith, and

(c) any real or personal property purchased by a Band or by a trust or corporation for the purpose of giving effect to section 2.5 of the Agreement,

shall be deemed to be personal property that was given to the Band under an agreement between the Band and Her Majesty but subsections 90(2) and (3) of the Indian Act shall not apply with respect thereto.

Idem

(2) Subsection 89(1) of the Indian Act or any enactment of Parliament to the like effect shall not apply

(a) in respect of any real or personal property referred to in paragraph (1)(c); or

(b) for the purposes of paragraph 41(a) of Schedule A to the Agreement, in respect of any amount paid pursuant to subparagraph 40(c)(ii) of Schedule A to the Agreement or pursuant to any enactment of the Legislature of Ontario that implements that subparagraph or in respect of any personal property purchased by a Band therewith.

Exception to Canada Health Act

5. Every examination, service, test or report made or provided by a medical practitioner in respect of a member of a Band pursuant to the Agreement shall be deemed for the purposes of the Canada Health Act to be an insured health service provided under the health care insurance plan of the Province of Ontario.

Benefits not to be treated as income

6. (1) The benefits paid or payable to a member of a Band pursuant to the Agreement shall not be treated as income of that member for the purposes of any other Act of Parliament.

Government programs to continue

(2) No payment or service to which a Band or any member of a Band is entitled under any other Act of Parliament or under any program of the Government of Canada shall be reduced or diminished by reason of the payment or availability of benefits to the Band or any member of the Band pursuant to the Agreement.


Regulations

Regulations

7. The Governor in Council may make such regulations as are necessary for the purpose of carrying out the Agreement or for giving effect to any of the provisions thereof.


Appropriation

Payments out of C.R.F.

8. There shall be paid out of the Consolidated Revenue Fund such sums as may be required to meet the monetary obligations of Canada under the Agreement.


Coming Into Force

Coming into force


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