Manitoba Claim Settlement Implementation Act (Norway House Cree Nation) (S.C. 2000, c. 33)

Short Title

Marginal note:Short title

1 This Act may be cited as the Manitoba Claim Settlement Implementation Act (Norway House Cree Nation).

PART 1Norway House Cree Nation Flooded Land

Marginal note:Definitions

2 The definitions in this section apply in this Part.

Agreement

Agreement means the agreement concluded between

• (a) Her Majesty in right of Canada,

• (b) Her Majesty in right of Manitoba,

• (c) the Manitoba Hydro-Electric Board, and

• (d) the Norway House Cree Nation,

pursuant to negotiations relating to the comprehensive implementation of the Flood Agreement. (Accord)

first nation

first nation means the Norway House Cree Nation. (première nation)

Flood Agreement

Flood Agreement means the agreement concerning the flooding of land concluded between

• (a) Her Majesty in right of Canada,

• (b) Her Majesty in right of Manitoba,

• (c) the Manitoba Hydro-Electric Board, and

• (d) the Northern Flood Committee, Inc.

and signed on December 16, 1977. (Convention)

Marginal note:Indian moneys

• 3 (1) Amounts paid to the first nation pursuant to the Agreement, whether before or after the coming into force of this Part, are not Indian moneys within the meaning of subsection 2(1) of the Indian Act.

• Marginal note:Transfer of amounts held

  Footnote ^*(2) As soon as practicable after the coming into force of this Part, all amounts collected, received or held by Her Majesty in right of Canada for the use or benefit of the first nation pursuant to the Agreement shall be transferred to the first nation in accordance with the Agreement.

  • Return to footnote ^*[Note: Part 1 in force on assent October 20, 2000.]

Marginal note:Subsection 35(4) of the Indian Act

4 Subsection 35(4) of the Indian Act does not apply in respect of any amount paid, whether before or after the coming into force of this Part, to the first nation pursuant to the Agreement.

Marginal note:Section 36 of the Indian Act

5 Where land is held or transferred pursuant to the Agreement, section 36 of the Indian Act does not apply in respect of that land if the holder or transferee of the land, or any subsequent holder or transferee of the land, is not Her Majesty in right of Canada.

Marginal note:Claims

6 A claim provided for by both the Flood Agreement and the Agreement may be exercised by

• (a) the council of the first nation,

• (b) the first nation,

• (c) a member of the first nation,

• (d) any group or unincorporated association that is wholly or substantially comprised of members of the first nation,

• (e) any unincorporated association established by the council of the first nation,

• (f) any share capital corporation the shares of which are wholly or substantially owned and controlled by the first nation or members of the first nation, and

• (g) any non-share capital corporation the membership of which consists wholly or substantially of the first nation or members of the first nation,

only in accordance with the Agreement.

Marginal note:Arbitration

7 Except as otherwise provided in the Agreement, the legislation of Manitoba relating to arbitration applies in respect of any dispute between the parties to the Agreement that, under the terms of the Agreement, is to be settled by way of arbitration.

8 [Repealed, 2018, c. 27, s. 682]

9 [Repealed, 2018, c. 27, s. 682]

10 [Repealed, 2018, c. 27, s. 682]

11 [Repealed, 2018, c. 27, s. 682]

12 [Repealed, 2018, c. 27, s. 682]

13 [Repealed, 2018, c. 27, s. 682]