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

Short Title

Marginal note:Short title

1 This Act may be cited as the Addition of Lands to Reserves and Reserve Creation Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

band

band has the same meaning as in subsection 2(1) of the Indian Act. (bande)

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)

interest

interest, in relation to lands in Canada elsewhere than in Quebec, means any estate, interest or right of any nature in or to the lands and includes an easement, a servitude, a lease and a licence, as defined in section 2 of the Federal Real Property and Federal Immovables Act. (intérêt)

Minister

Minister means the Minister of Crown-Indigenous Relations. (ministre)

reserve

reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)

right

right, in relation to lands in Quebec, means any right of any nature in or to the lands and includes a licence, as defined in section 2 of the Federal Real Property and Federal Immovables Act, and the rights of a lessee. (droit)

3 [Repealed, 2019, c. 29, s. 377]

Setting Apart of Lands

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.

• Marginal note:Interests or rights

  (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;

  • (b) the interest or right has been granted or conceded to the person or entity under the Federal Real Property and Federal Immovables Act; or

  • (c) the interest or right is granted to the person or entity in accordance with section 5 or 6.

• Marginal note:Interest or right in reserve land

  (3) As of the time when the Minister sets apart any lands as a reserve under this section, an interest or right referred to in paragraph (2)(a) or (b) is deemed to be an interest or right in or to the lands in the reserve.

• 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.

• Marginal note:Non-application of Statutory Instruments Act

  (5) The Statutory Instruments Act does not apply in respect of an order made under subsection (1).

Marginal note:Designation

• 5 (1) If the governing body of a First Nation has requested that the Minister set apart certain lands as a reserve, the First Nation may designate, conditionally or unconditionally, any interest or right in or to the lands, including for the purpose of the replacement of an existing interest or right in or to those lands. The designation may be made either

  • (a) before the title to the lands or the administration and control of the lands are transferred to Her Majesty in right of Canada; or

  • (b) before the lands are set apart as a reserve under section 4.

• Marginal note:Application of Indian Act

  (2) Sections 39.1, 40.1 and 41 of the Indian Act apply in respect of a designation under subsection (1), any references to Minister in those sections being read as references to Minister, as defined in this Act.

• Marginal note:Power of Minister

  (3) On the acceptance by the Minister of a designation made under subsection (1), the Minister may grant the designated interest or right to a person or entity.

• Marginal note:Effect

  (4) If a designation made under subsection (1) is accepted by the Minister, the designation takes effect at the time the lands are set apart as a reserve under section 4. Any resulting grant of the designated right or interest, if the grant is made before the lands are set apart as a reserve, also takes effect at the time the lands are set apart as a reserve.

• Marginal note:Acts deemed to have been done under Indian Act

  (5) As of the time when the Minister sets apart any lands as a reserve under section 4, any designation made under subsection (1), and any resulting grant that was made under subsection (3), are deemed to have been designated or made, as the case may be, under the Indian Act.

Marginal note:Issuance of permits by Minister

• 6 (1) If the governing body of a First Nation has requested that the Minister set apart certain lands as a reserve, the Minister may authorize, by permit, a person or entity for a period not exceeding one year or, with the consent of the governing body of the First Nation, for any longer period, to occupy, use or reside on any of those lands or exercise any other right on them, including for the purpose of replacing an existing interest or right of that person or entity in or to those lands. The permit may be issued either

  • (a) before the title to the lands or the administration and control of the lands are transferred to Her Majesty in right of Canada; or

  • (b) before the lands are set apart as a reserve under section 4.

• Marginal note:Effect

  (2) Permits issued under subsection (1) and the rights granted by those permits take effect at the time the lands are set apart as a reserve under section 4.

• Marginal note:Acts deemed to have been done under Indian Act

  (3) As of the time when the Minister sets apart any lands as a reserve under section 4, a permit issued under subsection (1) and any consent given under that subsection, are deemed to have been issued or given, as the case may be, under the Indian Act.

Marginal note:Authorization — transfer or grant

• 7 (1) If the governing body of a First Nation has requested that the Minister set apart certain lands as a reserve and an Act of Parliament or a provincial legislature authorizes Her Majesty in right of a province, a municipal or local authority or a corporation to take or to use lands or any interest or right in lands without the consent of the owner, the Minister may authorize, with the consent of the governing body, a transfer or grant of any of the lands that the governing body has requested be set apart as a reserve, or any interest or right in or to those lands, to a province, authority or corporation, subject to any terms that may be prescribed by the Minister. The authorization may be made either

  • (a) before the title to the lands or the administration and control of the lands are transferred to Her Majesty in right of Canada; or

  • (b) before the lands are set apart as a reserve under section 4.

• Marginal note:Acts deemed to have been done under Indian Act

  (2) If the Minister has made an authorization under subsection (1), as of the time when the Minister sets apart any lands as a reserve under section 4, the Governor in Council is deemed to have consented to the taking or using of the lands under subsection 35(1) of the Indian Act and the authorization is deemed to have been made, and any terms prescribed by the Minister under subsection (1) are deemed to have been prescribed, under subsection 35(3) of that Act.

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

• (a) the Minister has approved the terms of the exchange; and

• (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.