Claim Settlements (Alberta and Saskatchewan) Implementation Act (S.C. 2002, c. 3)

Full Document:

Assented to 2002-03-21

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.
Marginal note: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.
Marginal note: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. Paragraph 11(2)(b) of the French version of the Manitoba Claim Settlements Implementation Act is replaced by the following:

b) le droit ou l’intérêt a été concédé au tiers au titre de la Loi sur les immeubles fédéraux et les biens réels fédéraux;

9. Section 12 of the Act is amended by adding the following after subsection (4):

Marginal note: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 11, 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.

10. Section 13 of the Act is amended by adding the following after subsection (2):

Marginal note: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 11, 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.