Marginal note:For greater certainty

3. For greater certainty,

• (a) Her Majesty’s title to lands in a managed area is not affected by this Act;

• (b) lands in a managed area continue to be set apart by Her Majesty for the use and benefit of the first nation for which they were set apart;

• (c) lands in a managed area continue to be lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867;

• (d) this Act does not affect the ability of a first nation to participate in and benefit from any federal government program; and

• (e) nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Marginal note:Territorial lands

4. This Act does not apply in respect of reserve lands in Yukon or in respect of frontier lands within the meaning of the Canada Petroleum Resources Act.

Marginal note:Individual moneys

5. This Act does not apply in respect of moneys collected, received or held by Her Majesty in right of Canada under the Indian Act for the use and benefit of an individual.

Marginal note:Council resolution — oil and gas

6. The council of a first nation may submit to the Minister a written resolution of the council requesting the transfer to the first nation of the management and regulation of oil and gas exploration and exploitation in its reserve lands.

Marginal note:Council resolution — moneys

7. The council of a first nation may submit to the Minister a written resolution of the council requesting the payment to the first nation of

• (a) moneys held by Her Majesty for the use and benefit of the first nation; and

• (b) moneys to be collected or received in future by Her Majesty for the use and benefit of the first nation.

Marginal note:Information from Minister — oil and gas

• 8. (1) Subject to subsections (3) and (4), following receipt of a resolution under section 6, the Minister shall provide to the first nation, if the first nation does not already possess them,

  • (a) copies of all contracts issued in respect of the first nation’s reserve lands that are in force and of any documents evidencing designations of those lands under the Indian Act;

  • (b) copies of any documents in the Minister’s possession respecting contracts referred to in paragraph (a) that relate to periods after the issuance of those contracts;

  • (c) particulars of all moneys payable under contracts referred to in paragraph (a); and

  • (d) any documents in the Minister’s possession with respect to contaminated sites on the first nation’s reserve.

• Marginal note:Timetable for providing information

  (2) Following receipt of a resolution under section 6, the Minister shall provide the first nation with a timetable for delivery of the documents and information referred to in subsection (1).

• Marginal note:Exclusion of confidential information

  (3) The Minister shall not provide information that is subject to solicitor-client privilege or is otherwise privileged at law.

• Marginal note:Exclusion of confidential information

  (4) The Minister is not required to provide information that may, or must, be withheld under any federal law.

• Marginal note:Restriction

  (5) Subsection (4) does not apply in respect of information provided to the Minister by a contract holder.