The British Columbia Indian Reserves Mineral Resources Act (S.C. 1943-44, c. 19)

Memorandum of Agreement made this 26th day of January, A.D. 1943,

Between:

The Government of the Dominion of Canada, represented herein by the Honourable Thomas Alexander Crerar, Minister of Mines and Resources,

OF THE FIRST PART,

and

The Government of the Province of British Columbia, represented herein by the Honourable Ernest Crawford Carson, Minister of Mines,

OF THE SECOND PART.

Whereas from time to time treaties have been made with the Indians for the surrender for various considerations of their personal and usufructury rights to territories now included in the Province of British Columbia, such considerations including the setting apart for the exclusive use of the Indians of certain definite areas of land known as Indian Reserves;

And Whereas the said Indian Reserves were conveyed to the Dominion Government as trustee for the Indians under the terms and conditions set forth in an agreement dated the 24th day of September, 1912, between the Dominion Government and the Province of British Columbia;

And Whereas the precious metals in, upon, or under the lands comprising such Reserves are not incidents of such lands but belong beneficially to the Crown in the right of the Province of British Columbia with the result that the development of all the minerals in, upon or under such lands is at present impractical since the precious and base metals are closely associated and cannot be mined separately;

And Whereas it has been agreed between the Governments of the Dominion of Canada and the Province of British Columbia, that as a matter of policy and convenience and for the development of such minerals and without thereby affecting the constitutional or legal rights of either of the said Governments, the Province of British Columbia should have charge of the development of all minerals and mineral claims both precious and base, in, upon, or under the said Indian Reserves;

Now Therefore This Agreement Witnesseth that the parties have mutually agreed, subject to the approval of the Parliament of Canada and the Legislature of the Province of British Columbia, as follows:

• 1 Subject as hereinafter in this Agreement provided, the Indian Reserves in the Province of British Columbia shall continue to be administered in accordance with the legislation and agreements now in force.

• 2 The administration, control and disposal of all minerals and mineral claims, both precious and base, in, upon or under all Indian Reserves in the said Province shall be subject to the laws of the Province which shall apply to the prospecting, staking, recording, developing, leasing, selling or otherwise disposing of or dealing with all such minerals and mineral claims;

Provided, however, that any leases now existing by virtue of subsection (2) of Section 50 of the Indian Act shall not be affected hereby;

And provided further that no prospecting or right of entry on the said Indian Reserve shall be authorized or permitted until permission so to do has been obtained from the Indian Agent for such Reserve; such permission shall be subject to such terms and conditions as the said Indian Agent may specify and shall be granted only to such persons whose application for permission has been approved by the Gold Commissioner for the Mining Division of the Province in which such Reserve is situated;

And provided further that base minerals and mineral rights shall only be subject to this agreement upon being surrendered pursuant to the Indian Act.

• 3 The term mineral shall mean and include gold, silver, and all naturally occurring useful minerals, but shall not include peat, coal, petroleum, natural gas, bitumen, oil shales, limestone, marble, clay, gypsum, or any building stone when mined for building purposes, earth, ash, marl, gravel, sand or any element which forms part of the agricultural surface of the land.

• 4 The Department of Mines of British Columbia or the officers thereof shall collect all revenue whether by way of purchase money, rent, recording fees, royalty or otherwise in respect of any sale or other disposition of minerals and mineral claims, in, upon, or under such Reserves, together with all licence, permit or other fees.

• 5 One-half of all the revenue collected in accordance with paragraph four of this Agreement shall belong to the Province of British Columbia and one-half of such revenue shall at the end of every calendar year, be remitted to the Receiver General of Canada to be dealt with by the Government of the Dominion of Canada in accordance with the provision of paragraph seven of the agreement hereinbefore mentioned, dated the 24th day of September, 1912, insofar as the provisions of such paragraph are applicable.

• 6 The scale of fees, charges, royalties and other sources of revenue relating to the prospecting, staking, recording, developing, leasing, selling, or otherwise disposing of or dealing with minerals and mineral claims on Indian Reserves in the said Province, in force at the date of this agreement shall not be reduced without the consent of the Governor General in Council.

• 7 The Province shall use its best endeavours to collect the revenue referred to in paragraph four of this agreement in accordance with the mining laws of the Province in the same manner as revenue from minerals and mineral claims situate elsewhere than upon Indian Reserves and the Province shall not be liable to the Dominion for failure to collect the said revenue or any portion of same by reason of the neglect or failure of any officer or servant of the Provincial Government or of the Department of Mines of the Province to carry out his duties in connection with same, and it is further agreed between the parties hereto that the Province shall only be liable to the Dominion for one-half of the revenues collected under paragraph four of this agreement in any one calendar year and not further or otherwise.

In Witness Whereof the Honourable Thomas Alexander Crerar, Minister of Mines and Resources, has hereunto set his hand on behalf of the Dominion of Canada and the Honourable Ernest Crawford Carson, Minister of Mines, has hereunto set his hand on behalf of the Province of British Columbia.