GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
New Brunswick Indian Reserves Agreement Act — N-22.7 (d)
(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;
New Brunswick Indian Reserves Agreement Act — N-22.7 (e)
(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;
New Brunswick Indian Reserves Agreement Act — N-22.7 (f)
(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
New Brunswick Indian Reserves Agreement Act — N-22.7 (g)
(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.
New Brunswick Indian Reserves Agreement Act — N-22.7 2
2 All grants of patented lands are hereby confirmed except in so far as such grants purport to transfer to the grantees any minerals and said minerals are hereby acknowledged to be the property of the Province.
New Brunswick Indian Reserves Agreement Act — N-22.7 3
3 New Brunswick hereby transfers to Canada all rights and interests of the Province in reserve lands except lands lying under public highways, and minerals.
New Brunswick Indian Reserves Agreement Act — N-22.7 4. (1)
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 purposes of subparagraph (1) a band does not become extinct by enfranchisement.
New Brunswick Indian Reserves Agreement Act — N-22.7 (2)
(2) For the purposes of subparagraph (1) a band does not become extinct by enfranchisement.
New Brunswick Indian Reserves Agreement Act — N-22.7 5
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.
New Brunswick Indian Reserves Agreement Act — N-22.7 6. (1)
6. (1) Canada shall forthwith notify New Brunswick of any surrender and New Brunswick may within thirty days of receiving such notification elect to purchase the surrendered lands at a price to be agreed upon. (2) If New Brunswick fails to elect within such thirty-day period, Canada may dispose of the surrendered lands without further reference to New Brunswick. (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, New Brunswick shall exercise its election subject to that price or consideration. (4) Subject to subparagraph (3) of this paragraph, should Canada and New Brunswick 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 New Brunswick for any surrendered lands, the matter shall be referred to arbitrators as follows: (a) Canada and New Brunswick shall each appoint one arbitrator, and the two arbitrators so appointed shall appoint a third arbitrator; (b) the decision of the arbitrators as to the price to be paid by New Brunswick for the surrendered lands shall be final and conclusive; and (c) the costs of arbitration shall be borne equally by Canada and New Brunswick. IN WITNESS WHEREOF the Honourable Davie Fulton, Acting Minister of Citizenship and Immigration, has hereunto set his hand on behalf of the Government of Canada and the Honourable Norman B. Buchanan, Minister of Lands and Mines, has hereunto set his hand on behalf of the Government of the Province of New Brunswick. Signed on behalf of the Government of Canada by The Honourable Davie Fulton, Acting Minister of Citizenship and Immigration in the presence of “E. D. FULTON” “Laval Fortier” Signed on behalf of the Government of the Province of New Brunswick by the Honourable Norman B. Buchanan, Minister of Lands and Mines in the presence of “NORMAN BUCHANAN” “W. W. McCormack”
New Brunswick Indian Reserves Agreement Act — N-22.7 (2)
(2) If New Brunswick fails to elect within such thirty-day period, Canada may dispose of the surrendered lands without further reference to New Brunswick.
New Brunswick Indian Reserves Agreement Act — N-22.7 (3)
(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, New Brunswick shall exercise its election subject to that price or consideration.
New Brunswick Indian Reserves Agreement Act — N-22.7 (4)
(4) Subject to subparagraph (3) of this paragraph, should Canada and New Brunswick 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 New Brunswick for any surrendered lands, the matter shall be referred to arbitrators as follows: (a) Canada and New Brunswick shall each appoint one arbitrator, and the two arbitrators so appointed shall appoint a third arbitrator; (b) the decision of the arbitrators as to the price to be paid by New Brunswick for the surrendered lands shall be final and conclusive; and (c) the costs of arbitration shall be borne equally by Canada and New Brunswick.
New Brunswick Indian Reserves Agreement Act — N-22.7 (a)
(a) Canada and New Brunswick shall each appoint one arbitrator, and the two arbitrators so appointed shall appoint a third arbitrator;
New Brunswick Indian Reserves Agreement Act — N-22.7 (b)
(b) the decision of the arbitrators as to the price to be paid by New Brunswick for the surrendered lands shall be final and conclusive; and
New Brunswick Indian Reserves Agreement Act — N-22.7 (c)
(c) the costs of arbitration shall be borne equally by Canada and New Brunswick.
New Brunswick Indian Reserves Agreement Act — N-22.7
IN WITNESS WHEREOF the Honourable Davie Fulton, Acting Minister of Citizenship and Immigration, has hereunto set his hand on behalf of the Government of Canada and the Honourable Norman B. Buchanan, Minister of Lands and Mines, has hereunto set his hand on behalf of the Government of the Province of New Brunswick.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Bathurst, on both sides of the Nipisiquit River just north of its confluence with the Pabineau River. It is approximately 2 miles south of Gloucester Junction, N.B.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Inkerman, consisting of 2 parcels of land along the south shore of the Pokemouche River, approximately 4 miles east of the rural Post Office of Pokemouche.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Dalhousie along the north shore of Eel River at its mouth. It is approximately 2 miles south of Darlington Rural Post Office, N.B.
New Brunswick Indian Reserves Agreement Act — N-22.7
Along the north bank of the St. John River adjacent to the east limits of Edmundston East, N.B.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parishes of Perth and Denmark, on the north side of the Tobique River at its confluence with the Saint John River.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Woodstock, on both sides of Highway No. 2, approximately 2 miles south of Woodstock, N.B.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Kingsclear, on both sides of Provincial Highway No. 2, approximately 1½ miles west of McKinley Ferry, N.B.
New Brunswick Indian Reserves Agreement Act — N-22.7
Two small islands in Kennebecasis Bay in the Parish of St. John. They lie off shore from Sandy Point Road.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Weldford on the north or left bank of the Richibucto east from the confluence of the Molus River. The Rural Post Office of Big Cove is on the reserve.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Wellington, on the north or left bank of the Buctouche River and on the east side of Noels Creek at its confluence with said Buctouche River; 2 miles east of the Town of Buctouche.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Northesk, east of the Northwest Miramichi River, approximately one and one half miles northeast of the Village of Sunny Corner.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Northesk on the north or left bank of the northwest Branch of the Miramichi River, approximately one mile west of its confluence with the main southwest branch of the Miramichi River; 3 miles west of the Town of Newcastle.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Southesk, approximately one mile west of the Village of Red Bank, and South of the Little Southwest Miramichi River near its confluence with the Northwest Miramichi River.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Southesk with a small part in the northeast corner in the Parish of Northesk. North of the Little Southwest Miramichi River opposite Red Bank Indian Reserve No. 4.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Northesk on the east or left bank of the Miramichi River opposite the mouths of the North Sevogle and Little Sevogle Rivers.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Alnwick along both banks of the Tabusintac River west from the mouth of Stymest Millstream, approximately 5 miles up-river from the Village of Tabusintac.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Alnwick, on both sides of the Burnt Church River at its mouth and crossed by Provincial Highway No. 11, between the Rural Post Offices of Village St. Laurent and Rivière-des-Caches.
New Brunswick Indian Reserves Agreement Act — N-22.7
In the Parish of Blackville on the east or right bank of the Southwest Miramichi River opposite the mouth of the Renous River.
Canadian Navigable Waters Act — N-22 1
Short title 1 This Act may be cited as the Canadian Navigable Waters Act . R.S., 1985, c. N-22, s. 1; 2012, c. 31, s. 316 2019, c. 28, s. 46
Canadian Navigable Waters Act — N-22
designated work [Repealed, 2019, c. 28, s. 47]
Canadian Navigable Waters Act — N-22
ferry cable [Repealed, 2012, c. 31, s. 317]
Canadian Navigable Waters Act — N-22
Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. ( connaissances autochtones )
Canadian Navigable Waters Act — N-22
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones du Canada )
Canadian Navigable Waters Act — N-22
major work means any work designated under paragraph 28(2)(b). ( ouvrage majeur )
Canadian Navigable Waters Act — N-22
Minister means the Minister of Transport. ( ministre )
Canadian Navigable Waters Act — N-22
minor water [Repealed, 2019, c. 28, s. 47]
Canadian Navigable Waters Act — N-22
minor work means any work designated under paragraph 28(2)(a). ( ouvrage secondaire )
Canadian Navigable Waters Act — N-22 (a)
navigable water means a body of water, including a canal or any other body of water created or altered as a result of the construction of any work, that is used or where there is a reasonable likelihood that it will be used by vessels, in full or in part, for any part of the year as a means of transport or travel for commercial or recreational purposes, or as a means of transport or travel for Indigenous peoples of Canada exercising rights recognized and affirmed by section 35 of the Constitution Act, 1982 , and (a) there is public access, by land or by water; (b) there is no such public access but there are two or more riparian owners; or (c) Her Majesty in right of Canada or a province is the only riparian owner. ( eaux navigables )
Canadian Navigable Waters Act — N-22
obstruction means any thing, including a vessel that is left anchored, moored or adrift or a wreck, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous. ( obstacle )
Canadian Navigable Waters Act — N-22
owner , in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of the work. It also includes a person who proposes to construct or place a work. ( propriétaire )
Canadian Navigable Waters Act — N-22
person in charge , with respect to an obstruction, includes the owner of the obstruction and, in the case of a vessel, or part of one, that is an obstruction, the registered owner or other owner at the time the obstruction was occasioned, as well as the managing owner, master and any subsequent purchaser. ( responsable )
Canadian Navigable Waters Act — N-22
Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . ( Tribunal )
Canadian Navigable Waters Act — N-22
vessel includes any description of ship, boat or floating craft designed, used or capable of being used for navigation, without regard to method or lack of propulsion, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast. ( bâtiment )
Canadian Navigable Waters Act — N-22 (a)
work includes (a) any structure, device or other thing, whether temporary or permanent, that is made by humans, including a structure, device or other thing used for the repair or maintenance of another work; and (b) any dumping of fill in any navigable water, or any excavation or dredging of materials from the bed of any navigable water. ( ouvrage )
Canadian Navigable Waters Act — N-22 2.01
For greater certainty — navigable water 2.01 For greater certainty, the definition navigable water in section 2 does not include artificial irrigation channels or drainage ditches. 2019, c. 28, s. 47.1
Canadian Navigable Waters Act — N-22 2.1
Binding on Her Majesty 2.1 This Act is binding on Her Majesty in right of Canada or a province. 2009, c. 2, s. 318
Canadian Navigable Waters Act — N-22 2.3
Duty of Decision Maker 2.3 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 . 2019, c. 28, s. 48
Canadian Navigable Waters Act — N-22 3
Works 3 Except in accordance with this Act, it is prohibited to construct, place, alter, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water. R.S., 1985, c. N-22, s. 3; 2009, c. 2, s. 320; 2012, c. 31, s. 318 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 4
Minor works 4 (1) An owner of a minor work may construct, place, alter, rebuild, remove or decommission the minor work in, on, over, under, through or across any navigable water in accordance with the requirements under this Act. Repair, maintenance, operation and use (2) The owner must repair, maintain, operate and use the minor work in accordance with the requirements under this Act. R.S., 1985, c. N-22, s. 4; 2009, c. 2, s. 321; 2012, c. 31, s. 318 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 4.1
Notice 4.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works may do so if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation and the owner, before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister: (a) a major work in, on, over, under, through or across any navigable water; or (b) a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule. 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 5
Application for approval 5 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works must make an application for an approval to the Minister — in the form and manner, and containing the information, specified by the Minister — if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation: (a) a major work in, on, over, under, through or across any navigable water; or (b) a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule. Related works (2) If the Minister is of the opinion that two or more works are related, the Minister may consider them to be a single work. Additional information (3) For the purpose of determining whether the work or its construction, placement, alteration, rebuilding, removal or decommissioning may interfere with navigation, the Minister may require from the owner any additional information that the Minister considers appropriate. R.S., 1985, c. N-22, s. 5; 2009, c. 2, s. 321; 2012, c. 31, s. 318 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 6
No interference with navigation 6 If the Minister is of the opinion that a work that is the subject of an application made under subsection 5 (1), or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and no approval is required under subsection 7(6) for that work — or its construction, placement, alteration, rebuilding, removal or decommissioning. R.S., 1985, c. N-22, s. 6; 2009, c. 2, s. 322; 2012, c. 31, s. 318 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 8
Transfer 8 If the ownership of a work to which an approval relates is transferred, the transferor and the transferee must immediately give written notice of the transfer to the Minister, in the form and manner, and containing the information, specified by the Minister. R.S., 1985, c. N-22, s. 8; 2012, c. 31, s. 318 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 9
Amendment of approval 9 (1) The Minister may amend an approval by amending or revoking any term or condition of the approval. Amendment resulting from order (2) The Minister may otherwise amend the approval, including by adding terms and conditions, to reflect any changes to the work resulting from an order made under section 11 or 13. Other amendments (3) The Minister may otherwise amend the approval, including by adding terms and conditions, if he or she considers that (a) the work that is the subject of the approval interferes more with navigation at the time in question than it did when the approval was issued; (b) the work causes or is likely to cause a serious and imminent danger to navigation; (c) the amendment of the approval is in the public interest; or (d) the owner consents to the amendment. Suspension or cancellation (4) The Minister may suspend or cancel an approval if he or she considers that (a) the owner has not complied with the approval; (b) the approval was obtained by a fraudulent or improper means or by the misrepresentation of a material fact; (c) the owner has not paid a fine or penalty imposed under this Act; (d) the owner has contravened this Act; or (e) the suspension or cancellation is in the public interest, including by reason of the record of compliance of the owner under this Act. Notice (5) The Minister must give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, except in the case of an amendment made under subsection (2) or paragraph (3)(b), suspension or cancellation of the approval of a work if he or she is amending it without the owner’s consent or suspending or cancelling it. R.S., 1985, c. N-22, s. 9; 1993, c. 41, s. 8; 2009, c. 2, s. 324; 2012, c. 31, s. 318 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 9.1
Notice 9.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule may do so if (a) the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation; and (b) before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, the owner deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister. 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 10
Application or notice 10 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule must take one of the following steps if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation: (a) make an application for an approval to the Minister, in the form and manner, and containing the information, specified by the Minister; or (b) deposit any information specified by the Minister in any place specified by the Minister and publish a notice in any manner, and including any information, specified by the Minister. Deeming (2) An application made under paragraph (1)(a) is deemed to be an application made under subsection 5 (1) and, if an approval is issued under subsection 7 (6) in respect of the application, the work to which the approval relates is deemed to be a work constructed or placed in, on, over, under, through or across a navigable water that is listed in the schedule. Comment period (3) The notice referred to in paragraph (1)(b) must invite interested persons to provide written comments on the proposal, as it relates to navigation, to the owner within 30 days after publication of the notice or within any other period prescribed by regulation. R.S., 1985, c. N-22, s. 10; 2012, c. 31, s. 318 2019, c. 28, s. 49