GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS that we the undersigned Chief and Councillors of the Fort Nelson Band of Indians, for and acting on behalf of the people of our said Band, in accordance with the provisions of the Indian Act and by virtue of the assent to surrender by the membership of the Band in a referendum held on the 18th day of February, 1980 in accordance with the Indian Referendum Regulations P.C.: 1958-1451 the results of which referendum are evidenced by the statement of the electoral officer and the Chief of the Band attached as Annex “C”, do hereby make the following surrender to Her Majesty the Queen in Right of Canada on the conditions and terms listed below: (1) The Band surrenders unto Her Majesty the Queen in Right of Canada, Her Heirs and Successors, all our interests, rights, claims and demands, if any, in respect of all minerals, precious or base, including coal, petroleum and any gas or gases, which may be found in, upon or under the lands described as “the Reserve” in Annex “A” and approves the entry by Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development with the Province of British Columbia, into the Settlement Agreement; (2) The Band surrenders unto Her Majesty the Queen in Right of Canada, Her Heirs and Successors such of the surface as is necessarily incidental to the exploitation of coal, petroleum and any gas or gases, which may be found in, upon or under the lands described as “the Reserve” in Annex “A”.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
(1) The Band surrenders unto Her Majesty the Queen in Right of Canada, Her Heirs and Successors, all our interests, rights, claims and demands, if any, in respect of all minerals, precious or base, including coal, petroleum and any gas or gases, which may be found in, upon or under the lands described as “the Reserve” in Annex “A” and approves the entry by Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development with the Province of British Columbia, into the Settlement Agreement;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (2)
(2) The Band surrenders unto Her Majesty the Queen in Right of Canada, Her Heirs and Successors such of the surface as is necessarily incidental to the exploitation of coal, petroleum and any gas or gases, which may be found in, upon or under the lands described as “the Reserve” in Annex “A”.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (a)
TO HAVE AND TO HOLD the same unto Her Majesty the Queen in Right of Canada, Her Heirs and Successors for the following purposes: (a) to enter into the Settlement Agreement which acknowledges that ownership, administration, control and power of disposition of coal, petroleum and natural gas as defined in the Settlement Agreement are vested in the Province, and provides for an equal sharing in the revenue as defined in the Settlement Agreement from such coal, petroleum and natural gas between Canada for the use and benefit of the Band and the Province; (b) to enter into the Settlement Agreement which provides that the minerals as defined in the British Columbia Indian Reserves Mineral Resources Act which are found in the Reserve be dealt with as if subject to that Act ; (c) to grant in accordance with the Settlement Agreement leases, licences of occupation, rights of way and easements, or other rights of entry over the surface of any part of the Reserve for the purposes of the exploration, exploitation or production of coal, petroleum and any gas or gases, or for access to such minerals or for the transportation of such minerals whether by pipeline or otherwise and upon such terms and conditions as are necessary to comply with the Settlement Agreement; (d) to make such other grants and to do such other acts and things as may be required by the Settlement Agreement or necessarily incidental to its implementation; (e) to grant to the Province the Release in accordance with paragraph 10 of the Settlement Agreement of any and all claims to any right, title or interest whatsoever which Canada or the Band ever had, now has, or hereafter can, shall, or may have to the Subject Minerals or any moneys arising from the exploration, development, production, leasing or in any way disposing of or dealing with the Subject Minerals.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (a)
(a) to enter into the Settlement Agreement which acknowledges that ownership, administration, control and power of disposition of coal, petroleum and natural gas as defined in the Settlement Agreement are vested in the Province, and provides for an equal sharing in the revenue as defined in the Settlement Agreement from such coal, petroleum and natural gas between Canada for the use and benefit of the Band and the Province;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (b)
(b) to enter into the Settlement Agreement which provides that the minerals as defined in the British Columbia Indian Reserves Mineral Resources Act which are found in the Reserve be dealt with as if subject to that Act ;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (c)
(c) to grant in accordance with the Settlement Agreement leases, licences of occupation, rights of way and easements, or other rights of entry over the surface of any part of the Reserve for the purposes of the exploration, exploitation or production of coal, petroleum and any gas or gases, or for access to such minerals or for the transportation of such minerals whether by pipeline or otherwise and upon such terms and conditions as are necessary to comply with the Settlement Agreement;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (d)
(d) to make such other grants and to do such other acts and things as may be required by the Settlement Agreement or necessarily incidental to its implementation;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (e)
(e) to grant to the Province the Release in accordance with paragraph 10 of the Settlement Agreement of any and all claims to any right, title or interest whatsoever which Canada or the Band ever had, now has, or hereafter can, shall, or may have to the Subject Minerals or any moneys arising from the exploration, development, production, leasing or in any way disposing of or dealing with the Subject Minerals.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
PROVIDED that all moneys received from any lease, licence, right of way, easement or other grant or disposition of surface rights mentioned in the preceding paragraphs shall be payable to Canada for the use and benefit of the Band.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND PROVIDED FURTHER that pursuant to the direction of the Band expressed in the Referendum Vote, the Band releases and discharges Her Majesty from all actions, proceedings, claims and demands whatsoever which the Band now has or at any time may have but for execution of the Settlement Agreement as regards any minerals, precious and base, including coal, petroleum and any gas or gases, which may be found in, upon or under the Reserve.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND UPON the condition that, subject to the acceptance of this surrender by His Excellency the Governor-General in Council, this surrender will come into force upon the coming into force of the Settlement Agreement.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND we the undersigned Chief and Councillors of the Fort Nelson Band of Indians, for and acting on behalf of the people of our said Band in Council assembled, do hereby approve, consent to and ratify the Settlement Agreement, between Her Majesty the Queen in Right of Canada and Her Majesty the Queen in Right of the Province of British Columbia.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND we the undersigned Chief and Councillors of the Fort Nelson Band of Indians do on behalf of our people and for ourselves hereby ratify and confirm whatever Her Majesty the Queen in Right of Canada may do, or cause to be done in regard to these presents or the said Agreement.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
IN WITNESS WHEREOF we have hereunto set our hands and affixed our seals this 18th day of February in the year of Our Lord One Thousand Nine Hundred and Eighty.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
SIGNED, SEALED AND DELIVERED in the presence of: Adolphus Capot-Blanc George Behn Harry Dickie Witness as to all signatures Karen M. Copp
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
in the presence of: Adolphus Capot-Blanc George Behn Harry Dickie
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Witness as to all signatures Karen M. Copp
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 1
Dear Sirs: You are hereby directed, upon receipt of this joint instrument of direction, to hold the deposit of (amount) represented by certificate number held in account number and all further deposits in such account together with all interest payable from time to time on such deposits on the following terms, unless otherwise directed by the parties hereto by a joint letter of instruction: 1 All deposits referred to above and all interest payable from time to time on such deposits shall continue to be held on deposit with you in the joint name of Her Majesty the Queen in Right of Canada (hereinafter called “Canada”) and Her Majesty the Queen in Right of the Province of British Columbia (hereinafter called “the Province”). 2 Prior to any maturity date, and subject to any penalties stipulated as to interest, the said deposit or any part thereof may be retired and replaced by other deposits of the Bank of a no less secure nature, at the sole discretion of Canada and the Province, provided that: (a) Maturity of such replacement deposits shall be in accordance with the provisions hereof; (b) Principal interest of such replacement deposits shall be dealt with as herein provided; (c) All such replacement deposits shall be in the name of Canada and the Province. 3 Within thirty (30) days of the passage of the federal or provincial legislation (whichever is later in time) referred to in paragraph 14 of the Agreement between Canada and the Province attached as Annex “A” the parties hereto shall execute a joint letter of instruction instructing the transfer of all monies held on deposit at that time together with all accumulated interest to Canada for the use and benefit of the Fort Nelson Indian Band in accordance with the said Agreement. 4 In the event that Canada fails to obtain from the Fort Nelson Indian Band the surrender referred to in paragraph 13 of the Agreement within 6 months from the date of execution of that Agreement, the Province and Canada shall execute a joint letter of instruction to transfer all monies held on deposit together with all accumulated interest to the Province and the bank shall forthwith make such transfer. 5 In the event that the special legislation referred to in paragraph 14 of the Agreement is not passed within two (2) years of the execution of the Agreement, the parties hereto shall execute forthwith following the expiry of the two year period a joint letter of instruction instructing that all sums held on deposit up until that time, together with all accumulated interest, be transferred to the Province in accordance with the Agreement. 6 This letter of instruction cannot be revoked or amended except by a letter of instructions jointly executed by Canada and the Province.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 1
You are hereby directed, upon receipt of this joint instrument of direction, to hold the deposit of (amount) represented by certificate number held in account number and all further deposits in such account together with all interest payable from time to time on such deposits on the following terms, unless otherwise directed by the parties hereto by a joint letter of instruction: 1 All deposits referred to above and all interest payable from time to time on such deposits shall continue to be held on deposit with you in the joint name of Her Majesty the Queen in Right of Canada (hereinafter called “Canada”) and Her Majesty the Queen in Right of the Province of British Columbia (hereinafter called “the Province”). 2 Prior to any maturity date, and subject to any penalties stipulated as to interest, the said deposit or any part thereof may be retired and replaced by other deposits of the Bank of a no less secure nature, at the sole discretion of Canada and the Province, provided that: (a) Maturity of such replacement deposits shall be in accordance with the provisions hereof; (b) Principal interest of such replacement deposits shall be dealt with as herein provided; (c) All such replacement deposits shall be in the name of Canada and the Province. 3 Within thirty (30) days of the passage of the federal or provincial legislation (whichever is later in time) referred to in paragraph 14 of the Agreement between Canada and the Province attached as Annex “A” the parties hereto shall execute a joint letter of instruction instructing the transfer of all monies held on deposit at that time together with all accumulated interest to Canada for the use and benefit of the Fort Nelson Indian Band in accordance with the said Agreement. 4 In the event that Canada fails to obtain from the Fort Nelson Indian Band the surrender referred to in paragraph 13 of the Agreement within 6 months from the date of execution of that Agreement, the Province and Canada shall execute a joint letter of instruction to transfer all monies held on deposit together with all accumulated interest to the Province and the bank shall forthwith make such transfer. 5 In the event that the special legislation referred to in paragraph 14 of the Agreement is not passed within two (2) years of the execution of the Agreement, the parties hereto shall execute forthwith following the expiry of the two year period a joint letter of instruction instructing that all sums held on deposit up until that time, together with all accumulated interest, be transferred to the Province in accordance with the Agreement. 6 This letter of instruction cannot be revoked or amended except by a letter of instructions jointly executed by Canada and the Province.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 1
1 All deposits referred to above and all interest payable from time to time on such deposits shall continue to be held on deposit with you in the joint name of Her Majesty the Queen in Right of Canada (hereinafter called “Canada”) and Her Majesty the Queen in Right of the Province of British Columbia (hereinafter called “the Province”).
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 2
2 Prior to any maturity date, and subject to any penalties stipulated as to interest, the said deposit or any part thereof may be retired and replaced by other deposits of the Bank of a no less secure nature, at the sole discretion of Canada and the Province, provided that: (a) Maturity of such replacement deposits shall be in accordance with the provisions hereof; (b) Principal interest of such replacement deposits shall be dealt with as herein provided; (c) All such replacement deposits shall be in the name of Canada and the Province.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (a)
(a) Maturity of such replacement deposits shall be in accordance with the provisions hereof;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (b)
(b) Principal interest of such replacement deposits shall be dealt with as herein provided;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (c)
(c) All such replacement deposits shall be in the name of Canada and the Province.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 3
3 Within thirty (30) days of the passage of the federal or provincial legislation (whichever is later in time) referred to in paragraph 14 of the Agreement between Canada and the Province attached as Annex “A” the parties hereto shall execute a joint letter of instruction instructing the transfer of all monies held on deposit at that time together with all accumulated interest to Canada for the use and benefit of the Fort Nelson Indian Band in accordance with the said Agreement.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 4
4 In the event that Canada fails to obtain from the Fort Nelson Indian Band the surrender referred to in paragraph 13 of the Agreement within 6 months from the date of execution of that Agreement, the Province and Canada shall execute a joint letter of instruction to transfer all monies held on deposit together with all accumulated interest to the Province and the bank shall forthwith make such transfer.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 5
5 In the event that the special legislation referred to in paragraph 14 of the Agreement is not passed within two (2) years of the execution of the Agreement, the parties hereto shall execute forthwith following the expiry of the two year period a joint letter of instruction instructing that all sums held on deposit up until that time, together with all accumulated interest, be transferred to the Province in accordance with the Agreement.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 6
6 This letter of instruction cannot be revoked or amended except by a letter of instructions jointly executed by Canada and the Province.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Yours very truly, HER MAJESTY THE QUEEN IN RIGHT OF CANADA Per: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA Per:
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
HER MAJESTY THE QUEEN IN RIGHT OF CANADA Per:
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA Per:
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
INSTITUTION WHERE MONIES HELD ON DEPOSIT Per:
Framework Agreement on First Nation Land Management Act — F-31.46 Preamble
Preamble Whereas Her Majesty in right of Canada and 13 First Nations signed the Framework Agreement on First Nation Land Management on February 12, 1996 in relation to the management by those First Nations of their lands, and other First Nations have signed the Framework Agreement after that date;
Framework Agreement on First Nation Land Management Act — F-31.46
Whereas the First Nations Land Management Act , the purpose of which was to ratify and bring into effect the Framework Agreement, received royal assent on June 17, 1999;
Framework Agreement on First Nation Land Management Act — F-31.46
And whereas it is appropriate to enact a new implementation Act to replace the First Nations Land Management Act and to reflect the primacy of the Framework Agreement, while also ensuring the continuity with the previous legal framework;
Framework Agreement on First Nation Land Management Act — F-31.46
Now therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Framework Agreement on First Nation Land Management Act — F-31.46 1
Short title 1 This Act may be cited as the Framework Agreement on First Nation Land Management Act .
Framework Agreement on First Nation Land Management Act — F-31.46 2
Definitions 2 (1) The following definitions apply in this Act. First Nation land means reserve land or lands set aside to which a land code applies. It includes all the interests or land rights in, and resources of, the land that are within the legislative authority of Parliament. ( terres de la première nation ) First Nation law means a law that is enacted by a First Nation in accordance with the Framework Agreement and the land code of that First Nation. ( texte législatif de la première nation ) Framework Agreement means the Framework Agreement on First Nation Land Management, signed by Her Majesty in right of Canada and 13 First Nations on February 12, 1996 — and signed by other First Nations after that date — as amended from time to time in accordance with its provisions. ( accord-cadre ) Minister means the Minister of Crown-Indigenous Relations. ( ministre ) reserve has the same meaning as in subsection 2(1) of the Indian Act . ( réserve ) Definitions in Framework Agreement (2) In this Act, First Nation , First Nation Lands Register , interest , land code , land right , Lands Advisory Board and licence have the same meaning as in subclause 1.1 of the Framework Agreement and lands set aside has the same meaning as Lands Set Aside in that subclause 1.1.
Framework Agreement on First Nation Land Management Act — F-31.46
First Nation land means reserve land or lands set aside to which a land code applies. It includes all the interests or land rights in, and resources of, the land that are within the legislative authority of Parliament. ( terres de la première nation )
Framework Agreement on First Nation Land Management Act — F-31.46
First Nation law means a law that is enacted by a First Nation in accordance with the Framework Agreement and the land code of that First Nation. ( texte législatif de la première nation )
Framework Agreement on First Nation Land Management Act — F-31.46
Framework Agreement means the Framework Agreement on First Nation Land Management, signed by Her Majesty in right of Canada and 13 First Nations on February 12, 1996 — and signed by other First Nations after that date — as amended from time to time in accordance with its provisions. ( accord-cadre )
Framework Agreement on First Nation Land Management Act — F-31.46
Minister means the Minister of Crown-Indigenous Relations. ( ministre )
Framework Agreement on First Nation Land Management Act — F-31.46
reserve has the same meaning as in subsection 2(1) of the Indian Act . ( réserve )
Framework Agreement on First Nation Land Management Act — F-31.46 3
Not a treaty 3 The Framework Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982 .
Framework Agreement on First Nation Land Management Act — F-31.46 4
Binding on His Majesty 4 This Act is binding on His Majesty in right of Canada.
Framework Agreement on First Nation Land Management Act — F-31.46 5
Force of law 5 (1) The Framework Agreement continues to have effect and has the force of law. Rights and obligations (2) For greater certainty, a person or body has the powers, rights, privileges, immunities and benefits conferred on the person or body by the Framework Agreement and must perform the duties, and is subject to the liabilities, imposed on the person or body by the Framework Agreement. Framework Agreement binding (3) For greater certainty, the Framework Agreement is binding on, and may be relied on by, all persons and bodies.
Framework Agreement on First Nation Land Management Act — F-31.46 6
Framework Agreement prevails 6 (1) In the event of any inconsistency or conflict between the Framework Agreement and this Act, the Framework Agreement prevails to the extent of the inconsistency or conflict. Act prevails (2) In the event of any inconsistency or conflict between this Act and any other federal law, this Act prevails to the extent of the inconsistency or conflict.
Framework Agreement on First Nation Land Management Act — F-31.46 7
Publication 7 The Minister must make available to the public (a) the Framework Agreement that was signed by Her Majesty in right of Canada and 13 First Nations on February 12, 1996 and any amendments made to it; and (b) the most recent consolidated version of the Framework Agreement that has been approved by the Minister and the Lands Advisory Board.