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Marginal note:Definitions

• 2 (1) In this Act,

  band

  band  means a body of Indians

  • (a) for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after September 4, 1951,

  • (b) for whose use and benefit in common, moneys are held by Her Majesty, or

  designated lands

  designated lands  means a tract of land or any interest therein the legal title to which remains vested in Her Majesty and in which the band for whose use and benefit it was set apart as a reserve has, otherwise than absolutely, released or surrendered its rights or interests, whether before or after the coming into force of this definition; (terres désignées)

  Indian moneys

  Indian moneys  means all moneys collected, received or held by Her Majesty for the use and benefit of Indians or bands; (argent des Indiens)

  reserve

  reserve

  • (a) means a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band, and

  surrendered lands

  surrendered lands  means a reserve or part of a reserve or any interest therein, the legal title to which remains vested in Her Majesty, that has been released or surrendered by the band for whose use and benefit it was set apart; (terres cédées)

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Marginal note:Surrender to Her Majesty

• 38 (1) A band may absolutely surrender to Her Majesty, conditionally or unconditionally, all of the rights and interests of the band and its members in all or part of a reserve.

• Marginal note:Designation

  (2) A band may, conditionally or unconditionally, designate, by way of a surrender to Her Majesty that is not absolute, any right or interest of the band and its members in all or part of a reserve, for the purpose of its being leased or a right or interest therein being granted.

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Marginal note:Property deemed situated on reserve

• 90 (1) For the purposes of sections 87 and 89, personal property that was

  • (a) purchased by Her Majesty with Indian moneys or moneys appropriated by Parliament for the use and benefit of Indians or bands, or

  • (b) given to Indians or to a band under a treaty or agreement between a band and Her Majesty,

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• Marginal note:Transferred member’s interest

  (2) A person who ceases to be a member of one band by reason of becoming a member of another band is not entitled to any interest in the lands or moneys held by Her Majesty on behalf of the former band, but is entitled to the same interest in common in lands and moneys held by Her Majesty on behalf of the latter band as other members of that band.

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Marginal note:Agreements with provinces, etc.

• 114 (1) The Governor in Council may authorize the Minister, in accordance with this Act, to enter into agreements on behalf of Her Majesty for the education in accordance with this Act of Indian children, with

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