Marginal note:Additional powers of District

22. The District may exercise any legislative power granted to it by or pursuant to an Act of the legislature of British Columbia.

Marginal note:Transfer of fee simple title

• 23. (1) The title to all lands that were, immediately prior to the coming into force of this section, reserves, within the meaning of the Indian Act, of the Indian Act Sechelt band is hereby transferred in fee simple to the Band, subject to the rights, interests and conditions referred to in section 24.

• Marginal note:Definition of “reserves”

  (2) In subsection (1), “reserves” includes surrendered lands, within the meaning of the Indian Act, that have not been sold or the title to which has not been otherwise transferred.

• Marginal note:Indian Act Sechelt band rights and interests cease

  (3) All rights and interests of the Indian Act Sechelt band in respect of the lands referred to in subsection (1) cease to exist on the coming into force of this section.

• Marginal note:Letters patent

  (4) Forthwith on the coming into force of this section the Governor in Council shall cause to be issued under the Great Seal of Canada letters patent confirming the transfer of, and describing, the lands referred to in subsection (1).

Marginal note:Limitations

24. The fee simple title of the Band in the lands transferred to it under section 23 is subject to

• (a) any interests recognized or established by the agreement entered into between Canada and British Columbia on January 26, 1943, relating to the ownership and exploitation of minerals, the British Columbia Indian Reserves Mineral Resources Act, being chapter 19 of the Statutes of Canada, 1943-44 and the Indian Reserves Minerals Resources Act, being chapter 192 of the Revised Statutes of British Columbia, 1979, all as amended from time to time;

• (b) the conditions of conveyance set out in British Columbia Order in Council No. 1036 of July 29, 1938, as amended by British Columbia Order in Council No. 1555 of May 13, 1969, in respect of the lands conveyed to Her Majesty in right of Canada by that Order in Council; and

• (c) any rights or interests under a mortgage, lease, occupation permit, certificate of possession or other grant or authorization in respect of the lands that exist on the coming into force of this section.

Marginal note:Lands held for use and benefit of Band

25. The Band holds the lands transferred to it under section 23 for the use and benefit of the Band and its members.