Claim Settlements (Alberta and Saskatchewan) Implementation Act (S.C. 2002, c. 3)
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Assented to 2002-03-21
Claim Settlements (Alberta and Saskatchewan) Implementation Act
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
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.
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
Marginal note:Short title
1. This Act may be cited as the Claim Settlements (Alberta and Saskatchewan) Implementation Act.
Marginal note: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.
Marginal note: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.
Marginal note: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.
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