Manitoba Claim Settlement Implementation Act (Norway House Cree Nation)

Marginal note:Designation of surrendered right or interest

• 12 (1) If the council of a first nation has, by resolution, requested that the Minister set apart certain lands as a reserve under an agreement to which this Part applies, the first nation may, either

  • (a) before the lands are transferred to Her Majesty in right of Canada by the first nation, by Her Majesty in right of Manitoba or by a third party, or

  • (b) before the lands are set apart as a reserve under section 11,

  designate conditionally or unconditionally, by way of a surrender to Her Majesty in right of Canada that is not absolute, any right or interest in the lands, including for the purpose of the replacement of an existing right or interest in those lands.

• Marginal note:Application of Indian Act

  (2) Sections 39, 40 and 41 of the Indian Act apply in respect of a designation under subsection (1), any references to the Governor in Council being read as references to the Minister.

• Marginal note:Power of the Minister

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

• Marginal note:Effect

  (4) If a designation under subsection (1) is accepted by the Minister, the designation and the granting of the right or interest by the Minister take effect at the time the lands are set apart as a reserve under section 11.

• Marginal note:Certain 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 11, any right or interest in the lands that was designated by way of a surrender 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.