GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
British Columbia Indian Cut-off Lands Settlement Act — B-8.3 (a)
cut-off lands means land referred to in section 2(a) of the McKenna-McBride Agreement that had before 1916 been set aside for the use and benefit of Indians but that, pursuant to (a) the Indian Affairs Settlement Act , chapter 32 of the Statutes of British Columbia, 1919, (b) the British Columbia Indian Lands Settlement Act , chapter 51 of the Statutes of Canada, 1920, and (c) the report of the Royal Commission on Indian Affairs for the Province of British Columbia of June 30, 1916, as approved by Canada Order in Council 1265 of July 19, 1924 and British Columbia Order in Council 911 of July 26, 1923, ceased to be so set aside, but does not include any lands in the Railway Belt or Peace River Block; ( terres retranchées )
British Columbia Indian Cut-off Lands Settlement Act — B-8.3
McKenna-McBride Agreement means the agreement signed in Victoria, British Columbia on September 24, 1912 and entitled “Memorandum of an Agreement arrived at between J.A.J. McKenna, Special Commissioner appointed by the Dominion Government to investigate the condition of Indian Affairs in British Columbia, and the Honourable Sir Richard McBride, as Premier of the Province of British Columbia”. ( Convention McKenna-McBride )
British Columbia Indian Cut-off Lands Settlement Act — B-8.3 3
Agreements re cut-off lands settlements 3 (1) A band, or the council of the band, may enter into an agreement with Her Majesty in right of Canada and Her Majesty in right of British Columbia for the purposes of resolving and extinguishing claims in respect of cut-off lands asserted by the band and the council of the band (a) against Her Majesty in right of British Columbia; or (b) against Her Majesty in right of British Columbia and Her Majesty in right of Canada. Agreement binding on band members and council (2) Where a band or the council of the band enters into an agreement described in subsection (1), that agreement binds all existing and future members of the band and the council of the band and its successors.
British Columbia Indian Cut-off Lands Settlement Act — B-8.3 4
Negotiations not an admission of legal obligation 4 Negotiations toward an agreement described in subsection 3(1), whether or not those negotiations result in such an agreement, do not constitute an admission by Her Majesty in right of Canada of the existence of any legal obligation of Her Majesty in right of Canada toward the band in question.
British Columbia Indian Cut-off Lands Settlement Act — B-8.3 5
Existing agreements approved 5 Any agreement described in subsection 3(1) executed prior to the day this Act comes into force is hereby approved and declared to have effect as of the date of its execution.
British Columbia Indian Cut-off Lands Settlement Act — B-8.3 6
Approval of future agreements 6 Where an agreement described in subsection 3(1) is executed on or after the day this Act comes into force, the Governor in Council may by order approve such agreement and declare it to have effect as of the date of its execution.
British Columbia Indian Cut-off Lands Settlement Act — B-8.3 7
Other claims not affected 7 Nothing in this Act affects any claims asserted by a band or the council of the band other than claims in respect of cut-off lands.
British Columbia Indian Reserves Mineral Resources Act — B-8.4
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:—
British Columbia Indian Reserves Mineral Resources Act — B-8.4 1
Agreement confirmed 1 The agreement set out in the Schedule to this Act is confirmed and shall take effect according to its terms.
British Columbia Indian Reserves Mineral Resources Act — B-8.4
Memorandum of Agreement made this 26th day of January, A.D. 1943,
British Columbia Indian Reserves Mineral Resources Act — B-8.4
The Government of the Dominion of Canada , represented herein by the Honourable Thomas Alexander Crerar, Minister of Mines and Resources,
British Columbia Indian Reserves Mineral Resources Act — B-8.4
The Government of the Province of British Columbia , represented herein by the Honourable Ernest Crawford Carson, Minister of Mines,
British Columbia Indian Reserves Mineral Resources Act — B-8.4
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;
British Columbia Indian Reserves Mineral Resources Act — B-8.4
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;
British Columbia Indian Reserves Mineral Resources Act — B-8.4
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;
British Columbia Indian Reserves Mineral Resources Act — B-8.4
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;
British Columbia Indian Reserves Mineral Resources Act — B-8.4 1
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.
British Columbia Indian Reserves Mineral Resources Act — B-8.4 2
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;
British Columbia Indian Reserves Mineral Resources Act — B-8.4
Provided, however, that any leases now existing by virtue of subsection (2) of Section 50 of the Indian Act shall not be affected hereby;
British Columbia Indian Reserves Mineral Resources Act — B-8.4
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;
British Columbia Indian Reserves Mineral Resources Act — B-8.4
And provided further that base minerals and mineral rights shall only be subject to this agreement upon being surrendered pursuant to the Indian Act .
British Columbia Indian Reserves Mineral Resources Act — B-8.4 3
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.
British Columbia Indian Reserves Mineral Resources Act — B-8.4 4
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.
British Columbia Indian Reserves Mineral Resources Act — B-8.4 5
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.
British Columbia Indian Reserves Mineral Resources Act — B-8.4 6
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.
British Columbia Indian Reserves Mineral Resources Act — B-8.4 7
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.
British Columbia Indian Reserves Mineral Resources Act — B-8.4
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. Signed on behalf of the Government of Canada by the Honourable Thomas Alexander Crerar, Minister or Mines and Resources. In the presence of: “C. W. JACKSON” “T. A. CRERAR” Signed on behalf of the Government of British Columbia by the Honourable Ernest Crawford Carson, Minister of Mines. In the presence of: “JOHN F. WALKER” “E. C. CARSON”
British Columbia Indian Reserves Mineral Resources Act — B-8.4
Signed on behalf of the Government of Canada by the Honourable Thomas Alexander Crerar, Minister or Mines and Resources.
British Columbia Indian Reserves Mineral Resources Act — B-8.4
Signed on behalf of the Government of British Columbia by the Honourable Ernest Crawford Carson, Minister of Mines.
British Columbia Treaty Commission Act — B-8.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
British Columbia Treaty Commission Act — B-8.5 1
Short title 1 This Act may be cited as the British Columbia Treaty Commission Act .
British Columbia Treaty Commission Act — B-8.5 2
Definitions 2 In this Act, Agreement means the British Columbia Treaty Commission Agreement executed among the Summit, Her Majesty in right of Canada and Her Majesty in right of British Columbia on September 21, 1992 and includes any amendments to it that may be made from time to time; ( Accord ) Commission means the British Columbia Treaty Commission established as set out in section 4; ( Commission ) first nation means an aboriginal governing body, however organized and established by aboriginal people within their traditional territory in British Columbia, that has been mandated by its constituents to enter into treaty negotiations on their behalf with Her Majesty in right of Canada and Her Majesty in right of British Columbia; ( première nation ) Lieutenant Governor in Council means the Lieutenant Governor in Council of British Columbia; ( lieutenant-gouverneur en conseil ) Minister means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre ) principals means Her Majesty in right of Canada, Her Majesty in right of British Columbia and the Summit; ( signataires ) Summit means the body that is established to represent the first nations in British Columbia that agree to participate in the process provided for in the Agreement to facilitate the negotiation of treaties among first nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia. ( Sommet )
British Columbia Treaty Commission Act — B-8.5
Agreement means the British Columbia Treaty Commission Agreement executed among the Summit, Her Majesty in right of Canada and Her Majesty in right of British Columbia on September 21, 1992 and includes any amendments to it that may be made from time to time; ( Accord )
British Columbia Treaty Commission Act — B-8.5
Commission means the British Columbia Treaty Commission established as set out in section 4; ( Commission )
British Columbia Treaty Commission Act — B-8.5
first nation means an aboriginal governing body, however organized and established by aboriginal people within their traditional territory in British Columbia, that has been mandated by its constituents to enter into treaty negotiations on their behalf with Her Majesty in right of Canada and Her Majesty in right of British Columbia; ( première nation )
British Columbia Treaty Commission Act — B-8.5
Lieutenant Governor in Council means the Lieutenant Governor in Council of British Columbia; ( lieutenant-gouverneur en conseil )
British Columbia Treaty Commission Act — B-8.5
Minister means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre )
British Columbia Treaty Commission Act — B-8.5
principals means Her Majesty in right of Canada, Her Majesty in right of British Columbia and the Summit; ( signataires )
British Columbia Treaty Commission Act — B-8.5
Summit means the body that is established to represent the first nations in British Columbia that agree to participate in the process provided for in the Agreement to facilitate the negotiation of treaties among first nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia. ( Sommet )
British Columbia Treaty Commission Act — B-8.5 3
Purpose of Act 3 The purpose of this Act is to establish the British Columbia Treaty Commission as undertaken in the Agreement.
British Columbia Treaty Commission Act — B-8.5 4
Commission jointly established 4 (1) There is established, by the joint operation of this Act, an Act of the Legislature of British Columbia and a resolution of the Summit, the British Columbia Treaty Commission consisting of the Chief Commissioner and not more than four other commissioners. Commission is provincial entity (2) Subject to section 14, the Commission shall for all purposes be treated as having been established by or under an Act of the Legislature of British Columbia. Not agent (3) The Commission is not an agent of any of the principals.
British Columbia Treaty Commission Act — B-8.5 5
Purpose of Commission 5 (1) The purpose of the Commission is to facilitate, in British Columbia, the negotiation of treaties among one or more first nations, Her Majesty in right of Canada and Her Majesty in right of British Columbia. Powers of the Commission (2) The Commission has the capacity and powers of a natural person, including the power to sue and be sued, to enter into contracts and to acquire, hold and dispose of property for its purpose. Duties (3) In furthering its purpose, the Commission shall (a) assess the readiness, in accordance with the Agreement, of Her Majesty in right of Canada, Her Majesty in right of British Columbia and one or more first nations to begin negotiations; (b) allocate funds that have been provided to enable first nations to participate in negotiations, in accordance with criteria agreed to by the principals; (c) encourage timely negotiations; (d) where the parties to a negotiation all agree, assist them in obtaining dispute resolution services; (e) prepare and maintain a public record of the status of negotiations; and (f) perform any other duties that are consistent with the Agreement and this Act.
British Columbia Treaty Commission Act — B-8.5 6
Meaning of prior commissioner 6 (1) In this section, prior commissioner means any person who, at any time before the coming into force of this Act, was a commissioner pursuant to an appointment made by resolution of the Summit, an order of the Governor in Council or an order of the Lieutenant Governor in Council or jointly by the Governor in Council, the Lieutenant Governor in Council and the Summit. Prior commissioners continue (2) The prior commissioners in office on the coming into force of this Act are confirmed and continue as commissioners on and after the date of the establishment of the Commission as though they had been appointed pursuant to subsection 7(1). Rights and obligations (3) The Commission has all the rights, property and interests in existence on the coming into force of this Act that were acquired by, and is, instead of any prior commissioner, responsible for all the debts, liabilities and obligations in existence on the coming into force of this Act that were incurred by, a prior commissioner in the performance of that person’s duties as a commissioner.
British Columbia Treaty Commission Act — B-8.5 7
Appointment of commissioners 7 (1) One commissioner is to be appointed by order of the Governor in Council, one commissioner is to be appointed by order of the Lieutenant Governor in Council, two commissioners are to be appointed by resolution of the Summit and the Chief Commissioner is to be appointed jointly by the Governor in Council, the Lieutenant Governor in Council and the Summit. Term of office (2) The Chief Commissioner may be appointed for a term not exceeding three years and each of the other commissioners may be appointed for a term not exceeding two years. Removal of Chief Commissioner (3) The Chief Commissioner holds office during pleasure and may be removed by the Governor in Council, the Lieutenant Governor in Council and the Summit jointly. Removal of other commissioners (4) A commissioner other than the Chief Commissioner holds office during pleasure and may be removed by the person or body that appointed the commissioner. Re-appointment (5) A commissioner or former commissioner may be re-appointed.
British Columbia Treaty Commission Act — B-8.5 8
Chief executive officer 8 (1) The Chief Commissioner is the chief executive officer of the Commission and has supervision over and direction of the day to day operations of the Commission. Absence or incapacity (2) In the event of the absence or incapacity of the Chief Commissioner or if that office is vacant, the other commissioners may designate, by unanimous agreement, one of them to act as Chief Commissioner during the absence, incapacity or vacancy, and the commissioner so designated has and may exercise all of the powers and perform all of the duties and functions of the Chief Commissioner.
British Columbia Treaty Commission Act — B-8.5 9
Terms and conditions of appointment 9 After the principals have reached agreement, the remuneration and other terms and conditions of the appointment of the commissioners are to be fixed by order of the Governor in Council, order of the Lieutenant Governor in Council and resolution of the Summit.
British Columbia Treaty Commission Act — B-8.5 10
Office 10 The office of the Commission shall be in British Columbia.
British Columbia Treaty Commission Act — B-8.5 11
Quorum 11 (1) The Chief Commissioner, one commissioner appointed by the Governor in Council, one commissioner appointed by the Lieutenant Governor in Council and one commissioner appointed by the Summit constitute a quorum of the Commission. Where acting Chief Commissioner (2) For the purpose of determining a quorum, an acting Chief Commissioner shall be counted both as Chief Commissioner and as a commissioner appointed by the person or body that appointed the commissioner.
British Columbia Treaty Commission Act — B-8.5 12
Chief Commissioner to preside at meetings 12 (1) The Chief Commissioner shall preside at meetings of the Commission. Decisions of the Commission (2) Decisions of the Commission shall be made by agreement of at least one commissioner appointed by each of the Governor in Council, the Lieutenant Governor in Council and the Summit.
British Columbia Treaty Commission Act — B-8.5 13
Decisions of the Summit 13 Her Majesty in right of Canada is entitled to rely on resolutions of the Summit that are certified in the manner specified by the Summit as proof of the decisions of the Summit that are set out in the resolutions as certified.
British Columbia Treaty Commission Act — B-8.5 14
Access to information 14 The Commission is deemed to be a government institution as that term is defined in section 3 of the Access to Information Act and section 3 of the Privacy Act for the purposes of those Acts.
British Columbia Treaty Commission Act — B-8.5 15
Protection of Commission and employees 15 Her Majesty in right of Canada shall not make any civil claim against the Commission, any commissioner or any employee of or person retained by the Commission for anything done, omitted, reported or said in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act, unless the claim arises from the wilful misconduct or gross negligence of the commissioner, employee or person retained.
British Columbia Treaty Commission Act — B-8.5 16
Commissioners to be indemnified 16 Her Majesty in right of Canada shall indemnify, in proportion to Her funding obligations as set out in the Agreement, the commissioners against all claims, damages and penalties that are made against or incurred by the commissioners in the exercise of their powers or performance of their duties and functions under this Act, except where the claims, damages or penalties arise from the commissioners’ wilful misconduct or gross negligence.
British Columbia Treaty Commission Act — B-8.5 17
Personnel of Commission 17 (1) The Commission may employ or retain persons who are necessary to perform the duties and functions of the Commission. Presumption (2) No person employed or retained pursuant to subsection (1) shall, by virtue of being so employed or retained, be considered to be employed in the federal public administration. 1995, c. 45, s. 17; 2003, c. 22, s. 224(E)
British Columbia Treaty Commission Act — B-8.5 18
By-laws 18 The Commission may make by-laws consistent with this Act and the Agreement respecting the carrying out of the work of the Commission, the management of its internal affairs and the duties of its officers and employees and of the persons retained by it.
British Columbia Treaty Commission Act — B-8.5 19
Annual budget 19 The Commission shall submit its budget for each financial year to the principals for review and approval before the deadline set by the principals.
British Columbia Treaty Commission Act — B-8.5 20
Audit 20 The accounts and financial transactions of the Commission shall be audited annually by a qualified independent auditor designated by the Commission, and a report of the audit shall be made to the Commission.