Split Lake Cree First Nation Flooded Land Act (S.C. 1994, c. 42)

Short Title

Marginal note:Short title

1 This Act may be cited as the Split Lake Cree First Nation Flooded Land Act.

Interpretation

Marginal note:Definitions

2 In this Act,

agreement

agreement means the agreement concluded between

• (a) Her Majesty in right of Canada,

• (b) Her Majesty in right of Manitoba,

• (c) the Manitoba Hydro-Electric Board, and

• (d) the Split Lake Cree First Nation,

pursuant to negotiations relating to the comprehensive implementation of the Flood Agreement and signed on June 24, 1992; (accord)

Flood Agreement

Flood Agreement means the agreement concerning the flooding of land concluded between

• (a) Her Majesty in right of Canada,

• (b) Her Majesty in right of Manitoba,

• (c) the Manitoba Hydro-Electric Board, and

• (d) the Northern Flood Committee, Inc.

and signed on December 16, 1977. (Convention)

Exemptions

Marginal note:Indian moneys

• 3 (1) Amounts paid to the Split Lake Cree First Nation pursuant to the agreement, whether before or after the coming into force of this Act, are not Indian moneys within the meaning of subsection 2(1) of the Indian Act.

• Marginal note:Transfer of amounts held

  (2) As soon as practicable after the coming into force of this Act, all amounts collected, received or held by Her Majesty in right of Canada for the use or benefit of the Split Lake Cree First Nation pursuant to the agreement shall be transferred to the Split Lake Cree First Nation in accordance with the agreement.

Marginal note:Subsection 35(4) of the Indian Act

4 Subsection 35(4) of the Indian Act does not apply in respect of any amount paid, whether before or after the coming into force of this Act, to the Split Lake Cree First Nation pursuant to the agreement.

Marginal note:Section 36 of the Indian Act

5 Where land is held or transferred pursuant to the agreement, section 36 of the Indian Act does not apply in respect of that land if the holder or transferee of the land, or any subsequent holder or transferee of the land, is not Her Majesty in right of Canada.

Claims

Marginal note:Claims

6 A claim provided for by both the Flood Agreement and the agreement may be exercised by

• (a) a member of the Split Lake Cree First Nation,

• (b) the council of the Split Lake Cree First Nation, or

• (c) a body corporate or an unincorporated association to which the Flood Agreement applies

  • (i) that was incorporated or established by the council of the Split Lake Cree First Nation, or

  • (ii) the shareholders or members of which are all or substantially all members of the Split Lake Cree First Nation,

only in accordance with the agreement.

Arbitration

Marginal note:Arbitration

7 Except as otherwise provided in the agreement, the legislation of Manitoba relating to arbitration applies in respect of any dispute between the parties to the agreement that, under the terms of the agreement, is to be settled by way of arbitration.