York Factory First Nation Flooded Land Act (S.C. 1997, c. 28)
Full Document:
Act current to 2012-05-14
York Factory First Nation Flooded Land Act
S.C. 1997, c. 28
Assented to 1997-04-25
An Act respecting the York Factory First Nation and the settlement of matters arising from an agreement relating to the flooding of land
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 York Factory First Nation Flooded Land Act.
INTERPRETATION
Marginal note:Definitions
2. The definitions in this section apply in this Act.
“agreement”
« accord »
“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 York Factory First Nation,
pursuant to negotiations relating to the comprehensive implementation of the Flood Agreement.
“Flood Agreement”
« Convention »
“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.
EXEMPTIONS
Marginal note:Indian moneys
3. (1) Amounts paid to the York Factory 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 York Factory First Nation pursuant to the agreement shall be transferred to the York Factory 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 York Factory 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.