An Act to confirm an Agreement between the Government of Canada and the Government of the Province of New Brunswick respecting Indian Reserves (S.C. 1959, c. 47)

MEMORANDUM OF AGREEMENT MADE THIS 25TH DAY OF MARCH, 1958

BETWEEN

THE GOVERNMENT OF CANADA hereinafter referred to as “Canada”

OF THE FIRST PART;

AND

THE GOVERNMENT OF THE PROVINCE OF NEW BRUNSWICK hereinafter referred to as “New Brunswick”

OF THE SECOND PART.

WHEREAS since the enactment of the British North America Act, 1867, certain lands in the Province of New Brunswick set aside for Indians have been surrendered to the Crown by the Indians entitled thereto;

AND WHEREAS from time to time Letters Patent have been issued under the Great Seal of Canada purporting to convey said lands to various persons;

AND WHEREAS two decisions of the Judicial Committee of the Privy Council relating to Indian lands in the Provinces of Ontario and Quebec lead to the conclusion that said lands could only have been lawfully conveyed by authority of New Brunswick with the result that the grantees of said lands hold defective titles and are thereby occasioned hardship and inconvenience;

NOW THIS AGREEMENT WITNESSETH that the parties hereto, in order to settle all outstanding problems relating to Indian reserves in the Province of New Brunswick and to enable Canada to deal effectively in future with lands forming part of said reserves, have mutually agreed subject to the approval of the Parliament of Canada and the Legislature of the Province of New Brunswick as follows:

• 1 In this agreement, unless the context otherwise requires,

  • (a) “Province” means the Province of New Brunswick;

  • (b) “reserve lands” means those reserves in the Province referred to in the appendix to this agreement;

  • (c) “patented lands” means those tracts of land in the Province in respect of which Canada accepted surrenders of their rights and interests therein from the Indians entitled to the use and occupation thereof and in respect of which grants were made by Letters Patent issued under the Great Seal of Canada;

  • (d) “minerals” includes salt, oil, natural gas, infusorial earth, ochres or paints, the base of which is found in the soil, fire clays, carbonate of lime, sulphate of lime, gypsum, coal, bituminous shale, albertite and uranium, but not sand, gravel and marl;

  • (e) “Indian Act” means the Indian Act, Revised Statutes of Canada 1952, cap. 149, as amended from time to time and includes any re-enactment, revision or consolidation thereof;

  • (f) “surrender” means the surrender for sale of reserve lands or a portion thereof pursuant to the Indian Act but does not include a surrender of rights and interests in reserve lands for purposes other than sale; and

  • (g) “public highways” means every road and bridge in reserve lands, constructed for public use by and at the expense of the Province or any municipality in the Province and in existence at the coming into force of this agreement.

• 2 All grants of patented lands are hereby confirmed except in so far as such grants purport to transfer to the grantees any minerals and said minerals are hereby acknowledged to be the property of the Province.

• 3 New Brunswick hereby transfers to Canada all rights and interests of the Province in reserve lands except lands lying under public highways, and minerals.

• 4. (1) In the event that a band of Indians in the Province becomes extinct, Canada shall revest in the Province all the rights and interests transferred to it under this agreement in the reserve lands occupied by such band prior to its becoming extinct.

  • (2) For the purposes of subparagraph (1) a band does not become extinct by enfranchisement.

• 5 The mining regulations made from time to time under the Indian Act apply to the prospecting for, mining of or other dealing in all minerals in unsurrendered reserve lands and all minerals reserved in the grants referred to in paragraph 2, and any payment made pursuant to such regulations whether by way of rent, royalty, or otherwise, shall be paid to the Receiver General of Canada for the use and benefit of the Indian band or Indians from whose reserve lands such monies are so derived.

• 6. (1) Canada shall forthwith notify New Brunswick of any surrender and New Brunswick may within thirty days of receiving such notification elect to purchase the surrendered lands at a price to be agreed upon.

  • (2) If New Brunswick fails to elect within such thirty-day period, Canada may dispose of the surrendered lands without further reference to New Brunswick.

  • (3) Where a surrender is made under the condition that the surrendered lands be sold to a named or designated person at a certain price or for a certain consideration, New Brunswick shall exercise its election subject to that price or consideration.

  • (4) Subject to subparagraph (3) of this paragraph, should Canada and New Brunswick be unable, within thirty days of the date of an election to purchase being made, to reach agreement on the price to be paid by New Brunswick for any surrendered lands, the matter shall be referred to arbitrators as follows:

    • (a) Canada and New Brunswick shall each appoint one arbitrator, and the two arbitrators so appointed shall appoint a third arbitrator;

    • (b) the decision of the arbitrators as to the price to be paid by New Brunswick for the surrendered lands shall be final and conclusive; and

    • (c) the costs of arbitration shall be borne equally by Canada and New Brunswick.

  IN WITNESS WHEREOF the Honourable Davie Fulton, Acting Minister of Citizenship and Immigration, has hereunto set his hand on behalf of the Government of Canada and the Honourable Norman B. Buchanan, Minister of Lands and Mines, has hereunto set his hand on behalf of the Government of the Province of New Brunswick.

  Signed on behalf of the Government of Canada by The Honourable Davie Fulton, Acting Minister of Citizenship and Immigration in the presence of
  	“E. D. FULTON”
  “Laval Fortier”
  Signed on behalf of the Government of the Province of New Brunswick by the Honourable Norman B. Buchanan, Minister of Lands and Mines in the presence of
  	“NORMAN BUCHANAN”
  “W. W. McCormack”

APPENDIX

RESERVE NO.	NAME OF RESERVE	LOCATION OF RESERVE
		GLOUCESTER COUNTY
11	PABINEAU	In the Parish of Bathurst, on both sides of the Nipisiquit River just north of its confluence with the Pabineau River. It is approximately 2 miles south of Gloucester Junction, N.B.
13	POKEMOUCHE	In the Parish of Inkerman, consisting of 2 parcels of land along the south shore of the Pokemouche River, approximately 4 miles east of the rural Post Office of Pokemouche.
		RESTIGOUCHE COUNTY
3	EEL RIVER	In the Parish of Dalhousie along the north shore of Eel River at its mouth. It is approximately 2 miles south of Darlington Rural Post Office, N.B.
		MADAWASKA COUNTY
10	ST. BASILE (Edmundston)	Along the north bank of the St. John River adjacent to the east limits of Edmundston East, N.B.
		VICTORIA COUNTY
20	TOBIQUE	In the Parishes of Perth and Denmark, on the north side of the Tobique River at its confluence with the Saint John River.
		CARLETON COUNTY
23	WOODSTOCK	In the Parish of Woodstock, on both sides of Highway No. 2, approximately 2 miles south of Woodstock, N.B.
		YORK COUNTY
6	KINGSCLEAR (French Village)	In the Parish of Kingsclear, on both sides of Provincial Highway No. 2, approximately 1½ miles west of McKinley Ferry, N.B.
		ST. JOHN COUNTY
18	THE BROTHERS	Two small islands in Kennebecasis Bay in the Parish of St. John. They lie off shore from Sandy Point Road.
		KENT COUNTY
15	RICHIBUCTO	In the Parish of Weldford on the north or left bank of the Richibucto east from the confluence of the Molus River. The Rural Post Office of Big Cove is on the reserve.
16	BUCTOUCHE	In the Parish of Wellington, on the north or left bank of the Buctouche River and on the east side of Noels Creek at its confluence with said Buctouche River; 2 miles east of the Town of Buctouche.
		NORTHUMBERLAND COUNTY
1	INDIAN POINT	In the Parish of Northesk, east of the Northwest Miramichi River, approximately one and one half miles northeast of the Village of Sunny Corner.
2	EEL GROUND	In the Parish of Northesk on the north or left bank of the northwest Branch of the Miramichi River, approximately one mile west of its confluence with the main southwest branch of the Miramichi River; 3 miles west of the Town of Newcastle.
4	RED BANK	In the Parish of Southesk, approximately one mile west of the Village of Red Bank, and South of the Little Southwest Miramichi River near its confluence with the Northwest Miramichi River.
7	RED BANK	In the Parish of Southesk with a small part in the northeast corner in the Parish of Northesk. North of the Little Southwest Miramichi River opposite Red Bank Indian Reserve No. 4.
8	BIG HOLE TRACT	In the Parish of Northesk on the east or left bank of the Miramichi River opposite the mouths of the North Sevogle and Little Sevogle Rivers.
9	TABUSINTAC	In the Parish of Alnwick along both banks of the Tabusintac River west from the mouth of Stymest Millstream, approximately 5 miles up-river from the Village of Tabusintac.
14	BURNT CHURCH	In the Parish of Alnwick, on both sides of the Burnt Church River at its mouth and crossed by Provincial Highway No. 11, between the Rural Post Offices of Village St. Laurent and Rivière-des-Caches.
12	RENOUS	In the Parish of Blackville on the east or right bank of the Southwest Miramichi River opposite the mouth of the Renous River.