Indian Reserves of Nova Scotia Act — I-7.4 1
Now this Agreement witnesseth that the parties hereto, in order to settle all outstanding problems relating to Indian reserves in the Province of Nova Scotia and to enable Canada to deal effectively in future with lands forming part of said reserves, have mutually agreed subject to the approval of the Parliament of Canada and the Legislature of the Province of Nova Scotia as follows: 1 In this agreement, unless the context otherwise requires, (a) Province means the Province of Nova Scotia; (b) reserve lands means those reserves in the Province referred to in the appendix to this agreement; (c) patented lands means those tracts of land in the Province in respect of which Canada accepted surrenders of their rights and interests therein from the Indians entitled to the use and occupation thereof and in respect of which grants were made by Letters Patent issued under the Gread Seal of Canada; (d) minerals includes salt, oil, natural gas, infusorial earth, ochres or paints, the base of which is found in the soil, fire clays, carbonate of lime, sulphate of lime, gypsum, coal, bituminous shale, albertite and uranium, but not sand, gravel and marl; (e) Indian Act means the Indian Act , Revised Statutes of Canada 1952, cap. 149, as amended from time to time and includes any re-enactment, revision or consolidation thereof; (f) surrender means the surrender for sale of reserve lands or a portion thereof pursuant to the Indian Act but does not include a surrender of rights and interests in reserve lands for purposes other than sale; and (g) public highways means every road and bridge in reserve lands, constructed for public use by and at the expense of the Province or any municipality in the Province and in existence at the coming into force of this agreement. 2 All grants of patented lands are hereby confirmed except insofar as such grants purport to transfer to the grantees any minerals and said minerals are hereby acknowledged to be the property of the Province. 3 Nova Scotia hereby transfers to Canada all rights and interests of the Province in reserve lands except lands lying under public highways and minerals. 4 (1) In the event that a band of Indians in the Province becomes extinct, Canada shall revest in the Province all the rights and interests transferred to it under this agreement in the reserve lands occupied by such band prior to its becoming extinct. (2) For the purpose of subparagraph (1) a band does not become extinct by enfranchisement. 5 The mining regulations made from time to time under the Indian Act apply to the prospecting for, mining of or other dealing in all minerals in unsurrendered reserve lands and all minerals reserved in the grants referred to in paragraph 2, and any payment made pursuant to such regulations whether by way of rent, royalty, or otherwise, shall be paid to the Receiver General of Canada for the use and benefit of the Indian band or Indians from whose reserve lands such monies are so derived. 6 (1) Canada shall forthwith notify Nova Scotia of any surrender and Nova Scotia may within thirty days of receiving such notification elect to purchase the surrendered lands at a price to be agreed upon. (2) If Nova Scotia fails to elect within such thirty-day period, Canada may dispose of the surrendered lands without further reference to Nova Scotia. (3) Where a surrender is made under the condition that the surrendered lands be sold to a named or designated person at a certain price or for a certain consideration, Nova Scotia shall exercise its election subject to that price or consideration. (4) Subject to subparagraph (3) of this paragraph, should Canada and Nova Scotia be unable, within thirty days of the date of an election to purchase being made, to reach agreement on the price to be paid by Nova Scotia for any surrendered lands, the matter shall be referred to arbitrators as follows: (a) Canada and Nova Scotia shall each appoint one arbitrator, and the two arbitrators so appointed shall appoint a