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  1. Addition of Lands to Reserves and Reserve Creation Act - S.C. 2018, c. 27, s. 675 (Section 8)

    [...]

    Marginal note:Exchange

    8 In the case where a First Nation has entered into an agreement that proposes that certain lands in the First Nation’s reserve be exchanged for lands that are to be set apart as a reserve, references to the Governor in Council in paragraph 39(1)(c) and section 40 of the Indian Act are to be read as references to the Minister if

    • [...]

    • (b) the surrender made in respect of the exchanged lands is assented to by a majority of the electors of the First Nation in accordance with subparagraph 39(1)(b)(iii) of that Act.


  2. Addition of Lands to Reserves and Reserve Creation Act - S.C. 2018, c. 27, s. 675 (Section 8)
    Marginal note:Exchange

    8 In the case where a First Nation has entered into an agreement that proposes that certain lands in the First Nation’s reserve be exchanged for lands that are to be set apart as a reserve, references to the Governor in Council in paragraph 39(1)(c) and section 40 of the Indian Act are to be read as references to the Minister if

    • [...]

    • (b) the surrender made in respect of the exchanged lands is assented to by a majority of the electors of the First Nation in accordance with subparagraph 39(1)(b)(iii) of that Act.


  3. Addition of Lands to Reserves and Reserve Creation Act - S.C. 2018, c. 27, s. 675 (Section 2)

    [...]

    2 The following definitions apply in this Act.

    First Nation

    First Nation means a band, or an Indigenous group that is party to a self-government agreement implemented by an Act of Parliament. (première nation)

    governing body

    governing body  in relation to a First Nation that is a band, means the council of the band, as defined in subsection 2(1) of the Indian Act, or, in relation to a First Nation that is an Indigenous group that is party to a self-government agreement implemented by an Act of Parliament, means the council, government or other entity that is referred to in the agreement as being authorized to act on behalf of the Indigenous group. (corps dirigeant)


  4. Addition of Lands to Reserves and Reserve Creation Act - S.C. 2018, c. 27, s. 675 (Section 2)

    2 The following definitions apply in this Act.

    First Nation

    First Nation means a band, or an Indigenous group that is party to a self-government agreement implemented by an Act of Parliament. (première nation)

    governing body

    governing body  in relation to a First Nation that is a band, means the council of the band, as defined in subsection 2(1) of the Indian Act, or, in relation to a First Nation that is an Indigenous group that is party to a self-government agreement implemented by an Act of Parliament, means the council, government or other entity that is referred to in the agreement as being authorized to act on behalf of the Indigenous group. (corps dirigeant)

    [...]


  5. Addition of Lands to Reserves and Reserve Creation Act - S.C. 2018, c. 27, s. 675 (Section 4)

    [...]

    Marginal note:Setting lands apart

    • 4 (1) The Minister may, by order, at the request of the governing body of a First Nation, set apart as a reserve any lands the title to which is vested in Her Majesty in right of Canada or for which Her Majesty in right of Canada has the administration and control.

    • (2) Lands set apart as a reserve under this section are subject to any interest or right of a person or entity in or to the lands if

      • (a) an agreement between the First Nation and Her Majesty in right of Canada — including an agreement in respect of which Part 2 of the Manitoba Claim Settlements Implementation Act applied, as that Part read immediately before its repeal, or in respect of which the Claim Settlements (Alberta and Saskatchewan) Implementation Act applied, as it read immediately before its repeal — contemplates the continuation of interests or rights of that kind, and any requirement of the agreement with respect to the continuation of the interest or right has been satisfied;

    • [...]

    • Marginal note:Moneys paid to Her Majesty

      (4) Any moneys paid to Her Majesty in right of Canada as a result of an interest or right referred to in subsection (2) are deemed to be moneys collected, received or held by her Majesty for the use and benefit of the First Nation.


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