Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act (S.C. 1986, c. 23)

Act current to 2012-05-02

Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act

S.C. 1986, c. 23

Assented to 1986-06-17

An Act to approve, give effect to and declare valid certain agreements between the Government of Canada, the Government of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band

Preamble

WHEREAS the Government of Canada, the Government of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band have entered into an Agreement for the settlement of all claims and causes of action, past, present and future, arising out of the discharge be Reed Inc. and its predecessors of mercury and other pollutants into the English and Wabigoon and related river systems and the continuing presence of any such pollutants, including the continuing but now diminishing presence of methylmercury in the related ecosystems since its initial identification in 1969;

AND WHEREAS the discharge of such pollutants and governmental actions taken in consequence thereof may have had and may continue to have effects in respect of the social and economic circumstances and the health of the present and future members of the Bands;

AND WHEREAS the Government of Canada and the Government of Ontario have assumed certain obligations under the Agreement in favour of the Bands;

AND WHEREAS the Agreement provides, among other things, for the payment of certain sums to each Band, the establishment of the Grassy Narrows and Islington Bands Mercury Disability Board, the establishment of the Grassy Narrows and Islington Bands Mercury Disability Fund, the payment of benefits to Band members and, subject to certain exceptions contained in the Agreement, the abolition of all existing and future rights of action of the Bands and of every past, present or future member of the Bands, and the estates thereof, in respect of any claims and causes of action that are the subject of the Agreement, in consideration of the rights, privileges and benefits set out in the Agreement;

AND WHEREAS the Government of Canada and the Government of Ontario are obligated, pursuant to section 2.1 of the Agreement, to recommend to Parliament and the Legislature of Ontario, respectively, special legislation to give effect to the Agreement;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act.

INTERPRETATION

Marginal note:Definitions

  • 2. (1) In this Act,

    “Agreement”

    « Convention »

    “Agreement” means the Memorandum of Agreement between Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, Her Majesty the Queen in Right of the Province of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band, signed by each party thereto in the month of November, 1985, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on May 21, 1986 and recorded as document number 331-7/43, as amended by the Escrow Agreement;

    “Band”

    « bande »

    “Band” means the Islington Indian Band or the Grassy Narrows Indian Band;

    “Escrow Agreement”

    « contrat de mise en main tierce »

    “Escrow Agreement” means the Escrow Agreement between Great Lakes Forest Products Limited, Her Majesty the Queen in Right of the Province of Ontario, Reed Inc. and National Trust Company, the terms of which were approved of and consented to by the Grassy Narrows Indian Band and Islington Indian Band and by Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, dated as of the 16th day of December, 1985, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on May 21, 1986 and recorded as document number 331-7/43.

  • Marginal note:Registered Indian deemed member of Band

    (2) Any person registered as an Indian pursuant to the Indian Act who was customarily resident on a reserve of a Band before October 1, 1985 and who, pursuant to paragraph 1(b) of Schedule A to the Agreement, is deemed to be an applicant within the meaning of that paragraph shall, for the purposes of this Act, be deemed to be a member of the Band.

AGREEMENT

Marginal note:Agreement approved

  • 3. (1) The Agreement is hereby approved, given effect and declared valid.

  • Marginal note:Conferral of rights, privileges and benefits

    (2) On the abolition of all rights of action referred to in subsection (3), the beneficiaries under the Agreement shall have the rights, privileges and benefits set out in the Agreement.

  • Marginal note:Abolition of rights of action

    (3) Except as provided in sections 1.16 and 2.3 of the Agreement, all existing and future rights of action of a Band and of every past, present and future member of a Band, and of the estates thereof, in respect of any of the claims or causes of action that are the subject of the Agreement are hereby abolished.