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Marginal note:Decision to leave Band List control with Department

• 13.1 (1) A band may, at any time prior to the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, decide to leave the control of its Band List with the Department if a majority of the electors of the band gives its consent to that decision.

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• Marginal note:Subsequent band control of membership

  (3) Notwithstanding a decision under subsection (1), a band may, at any time after that decision is taken, assume control of its Band List under section 10.

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Marginal note:Taking of lands by local authorities

• 35 (1) Where by an Act of Parliament or a provincial legislature Her Majesty in right of a province, a municipal or local authority or a corporation is empowered to take or to use lands or any interest therein without the consent of the owner, the power may, with the consent of the Governor in Council and subject to any terms that may be prescribed by the Governor in Council, be exercised in relation to lands in a reserve or any interest therein.

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• Marginal note:Payment

  (4) Any amount that is agreed on or awarded in respect of the compulsory taking or using of land under this section or that is paid for a transfer or grant of land pursuant to this section shall be paid to the Receiver General for the use and benefit of the band or for the use and benefit of any Indian who is entitled to compensation or payment as a result of the exercise of the powers referred to in subsection (1).

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Marginal note:Tenure of office

• 78 (1) Subject to this section, the chief and councillors of a band hold office for two years.

• (2) The office of chief or councillor of a band becomes vacant when

  • (a) the person who holds that office

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    • (iii) is or becomes ineligible to hold office by virtue of this Act; or

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• Marginal note:Special election

  (4) Where the office of chief or councillor of a band becomes vacant more than three months before the date when another election would ordinarily be held, a special election may be held in accordance with this Act to fill the vacancy.

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Marginal note:Courts may exercise jurisdiction with consent of Minister

• 44 (1) The court that would have jurisdiction if a deceased were not an Indian may, with the consent of the Minister, exercise, in accordance with this Act, the jurisdiction and authority conferred on the Minister by this Act in relation to testamentary matters and causes and any other powers, jurisdiction and authority ordinarily vested in that court.

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• Marginal note:Orders relating to lands

  (3) A court that is exercising any jurisdiction or authority under this section shall not without the consent in writing of the Minister enforce any order relating to real property on a reserve.

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7 For the purposes of section 6, the effective date on which an amount is applied shall be

• (a) where the amount is withheld pursuant to subsection 64.1(1) of the Act, the date that the person would have been entitled to receive the amount but for that subsection; and

• (b) where the amount is repaid pursuant to subsection 64.1(2) of the Act, the date that the amount is received by the band.