Addition of Lands to Reserves and Reserve Creation Act

Marginal note:Setting lands apart

• 4 (1) The Minister may, by order, at the request of the governing body of a First Nation, set apart as a reserve any lands the title to which is vested in Her Majesty in right of Canada or for which Her Majesty in right of Canada has the administration and control.

• Marginal note:Interests or rights

  (2) Lands set apart as a reserve under this section are subject to any interest or right of a person or entity in or to the lands if

  • (a) an agreement between the First Nation and Her Majesty in right of Canada — including an agreement in respect of which Part 2 of the Manitoba Claim Settlements Implementation Act applied, as that Part read immediately before its repeal, or in respect of which the Claim Settlements (Alberta and Saskatchewan) Implementation Act applied, as it read immediately before its repeal — contemplates the continuation of interests or rights of that kind, and any requirement of the agreement with respect to the continuation of the interest or right has been satisfied;

  • (b) the interest or right has been granted or conceded to the person or entity under the Federal Real Property and Federal Immovables Act; or

  • (c) the interest or right is granted to the person or entity in accordance with section 5 or 6.

• Marginal note:Interest or right in reserve land

  (3) As of the time when the Minister sets apart any lands as a reserve under this section, an interest or right referred to in paragraph (2)(a) or (b) is deemed to be an interest or right in or to the lands in the reserve.

• Marginal note:Moneys paid to Her Majesty

  (4) Any moneys paid to Her Majesty in right of Canada as a result of an interest or right referred to in subsection (2) are deemed to be moneys collected, received or held by her Majesty for the use and benefit of the First Nation.

• Marginal note:Non-application of Statutory Instruments Act

  (5) The Statutory Instruments Act does not apply in respect of an order made under subsection (1).