Law:Indian Lands Agreement (1986) Act

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S.c. 1988, c. 39

Assented to 1988-07-28

An Act to provide for the implementation of an agreement respecting Indian lands in Ontario

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

Short title

1. This Act may be cited as the Indian Lands Agreement (1986) Act.

Definitions

2. In this Act,

“agreement”

« accord »

“agreement” means the agreement between the Government of Canada and the Government of Ontario set out in the schedule;

“specific agreement”

« accord particulier »

“specific agreement” means a specific agreement referred to in the agreement, entered into by the Government of Canada, the Government of Ontario and a band of Indians or group of bands of Indians pursuant to the agreement.

Binding on Her Majesty

3. The agreement shall be binding on Her Majesty in right of Canada and the Governor in Council is hereby authorized to carry out the provisions of the agreement.

Indian Act to apply

4. The Indian Act shall continue to apply to reserve lands and surrendered lands that are the subject of a specific agreement.

Regulations

5. The Governor in Council may make regulations respecting the procedures to be adopted for the confirmation of a specific agreement under paragraph 10(a) of the agreement.

Specific agreements

6. (1) Where a band confirms a specific agreement pursuant to paragraph 10(a) or (b) of the agreement, the specific agreement and any notification from the council of the band referred to in paragraph 10(b) of the agreement bind all existing and future members of the band and the council of the band and its successors.

Effect of confirmation

(2) For greater certainty, where a specific agreement is confirmed by order of the Governor in Council, by order of the Lieutenant Governor of Ontario in Council and by the band to which the specific agreement relates, the specific agreement shall be binding on Her Majesty in right of Canada.

Coming into force

Schedule

(Section 2)

The 1986 Indian Lands Agreement

The Agreement witnesseth that the parties hereto have agreed as follows:

1. Definitions

(a) “Band”, “Council of the Band”, “Surrender”, “Custom”, and “Indian” have the same meaning as those words in the Indian Act, R.S.C. 1970, c. I-6, as the same may be amended from time to time;

(b) “land” includes any interest in land;

(c) “minerals” includes gold, silver and all other metals, precious and base, and coal, natural gas, oil, salt, sand and gravel;

(d) “1924 Agreement” means the agreement between Canada and Ontario dated March 24, 1924, and the statutes confirming it, i.e., Statutes of Canada, 14-15 George V, Chapter 48, and Statutes of Ontario, 14 George V, Chapter 15.

2. Ontario, Canada, and any band or group of bands may enter into specific agreements. Any one or more Bands may enter into one or more specific agreements.

3. A specific agreement may be entered into with respect to any matter or question relating to lands or natural resources, including any of the following:

(a) any matter dealt with in the 1924 Agreement;

(b) administration and control;

(c) the exercise, allocation or transfer or disposal of any interests in lands or natural resources;

(d) minerals, mineral rights and royalties, and the disposition or taxation of any of them;

(e) hydro powers;

(f) disposition of lands or natural resources;

(g) consequences of extinction or enfranchisement of a band;

(h) disposition of any monies;

(i) the non-applicability of any section or sections of the 1924 Agreement;

(j) any other provision required for the implementation of a specific agreement.

4. The provisions of any specific agreement shall have effect upon confirmation. In the event of any inconsistency with the 1924 Agreement, the specific agreement shall supersede.

5. Neither this Agreement nor any specific agreement shall affect the validity of any treaty or surrender.

6. Canada and Ontario may enter into an agreement or agreements for the confirmation of patents issued or other dispositions of land by the other with respect to land, but no such agreement or confirmation shall in any way affect the rights of any band or the recourse which any band would, absent such agreement, have against any person or land, including the Crown and Crown lands.

7. If Canada has collected money or collects money on behalf of any band or bands pursuant to sales or other dispositions of land or interests in land, Ontario acknowledges that Canada may continue to administer that money for the use and benefit of the band or bands, but in no case shall money collected by Canada expressly on behalf of Ontario be deemed to be money collected by Canada on behalf of a band or bands.

8. This Agreement shall come into force when it is confirmed by the Parliament of Canada and the Legislature of Ontario and such confirmations come into force.

9. A specific agreement shall come into force when it is confirmed by Orders in Council of both Canada and Ontario and is confirmed by the band.

class="indent-1-010. Confirmation by a band of a specific agreement shall take place

(a) by a Referendum conducted pursuant to regulations made by the Governor General in Council under the authority of the Act of Parliament implementing this agreement, or

(b) pursuant to the band’s custom or constitution, provided that the Council of the band gives written notification to the Minister of Indian Affairs and Northern Development and to the Minister of Natural Resources for Ontario that confirmation took place pursuant to the band’s custom or constitution, as the case may be.

11. Where a specific agreement affects or deals with lands, lands affected shall be described in a schedule to the specific agreement.

12. No specific agreement entered into by any band shall be binding upon any other band or have any effect on any other band unless it has been confirmed by that other band.

13. A specific agreement may be amended by the parties or their successors in the same manner as it was originally made.


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