GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Saskatchewan Treaty Land Entitlement Act — S-4.3
NRTA Amendment Agreement means the agreement to vary the Natural Resources Transfer Agreement (NRTA) entered into between the Government of Canada and the Government of Saskatchewan and set out in Schedule I. ( accord modifiant la CTRN )
Saskatchewan Treaty Land Entitlement Act — S-4.3 3
Confirmation of NRTA Amendment Agreement 3 (1) The NRTA Amendment Agreement is hereby confirmed and shall take effect according to its terms. Confirmation of other agreements (2) If, either before or after the coming into force of this subsection, (a) an agreement is entered into with an Indian band of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, and (b) in connection with the agreement referred to in paragraph (a), the Government of Canada and the Government of Saskatchewan enter into an agreement in the same or substantially the same form as the NRTA Amendment Agreement, the agreement between the Government of Canada and the Government of Saskatchewan referred to in paragraph (b) is hereby confirmed and shall take effect according to its terms. 1993, c. 11, s. 3; 2002, c. 3, s. 12
Saskatchewan Treaty Land Entitlement Act — S-4.3 4
Account to be established 4 (1) There is hereby established a special account in the accounts of Canada to be known as the Treaty Land Entitlement (Saskatchewan) Fund. Credits to Fund * (2) There shall be (a) credited to the Treaty Land Entitlement (Saskatchewan) Fund the balance remaining of all amounts that were paid into the Consolidated Revenue Fund, prior to the coming into force of this Act, as contributions by Her Majesty in right of Saskatchewan pursuant to section 3.07 of the Framework Agreement, together with any interest credited to those amounts by Her Majesty in right of Canada pursuant to subsection 3.07(c) of that Agreement; (b) paid into the Consolidated Revenue Fund and credited to the Treaty Land Entitlement (Saskatchewan) Fund all amounts that are contributed, after the coming into force of this Act, by Her Majesty in right of Saskatchewan pursuant to section 3.07 of the Framework Agreement; and (c) credited to the Treaty Land Entitlement (Saskatchewan) Fund all amounts that are contributed by Her Majesty in right of Canada pursuant to section 3.08 of the Framework Agreement. * [Note: Act in force on assent March 30, 1993.] Payments out of Consolidated Revenue Fund (3) There shall, on the recommendation of the Minister, be paid out of the Consolidated Revenue Fund and charged to the Treaty Land Entitlement (Saskatchewan) Fund any amount that is required to be paid pursuant to the Framework Agreement. Interest (4) There shall be credited to the Treaty Land Entitlement (Saskatchewan) Fund an amount that represents interest on the balance of the Fund, calculated in accordance with such terms and conditions and at such rates as the Minister of Finance, after considering any advice provided by the Minister, shall fix.
Saskatchewan Treaty Land Entitlement Act — S-4.3 5
Amounts not Indian moneys 5 For greater certainty, the following amounts are not Indian moneys within the meaning of the Indian Act : (a) amounts that are paid into or out of the Treaty Land Entitlement (Saskatchewan) Fund pursuant to the Framework Agreement; and (b) subject to section 6, amounts that are paid to or for the benefit of a band under the Framework Agreement or the Nekaneet band under the Nekaneet Agreement.
Saskatchewan Treaty Land Entitlement Act — S-4.3 6
Amounts received before setting apart reserve 6 Any amounts that are received by the Receiver General in respect of entitlement land that is held in the name of Her Majesty in right of Canada on behalf of a band or of the Nekaneet band, before the entitlement land is set apart as an entitlement reserve, are revenue moneys of the band or the Nekaneet band pursuant to the Indian Act .
Saskatchewan Treaty Land Entitlement Act — S-4.3 7
Common law riparian rights 7 Sections 6.04, 6.05 and 6.11 of the Framework Agreement and sections 6.04, 6.05 and 6.11 of the Nekaneet Agreement are hereby confirmed.
Saskatchewan Treaty Land Entitlement Act — S-4.3 8
Authority of bands to enter into agreements 8 (1) For the purposes of this Act and for greater certainty, a band and the Nekaneet band have the capacity to enter into (a) subject to section 6.10 of the Framework Agreement or section 6.10 of the Nekaneet Agreement, a co-management agreement in respect of the matters referred to in sections 6.07, 6.08 and 6.09 of the Framework Agreement or sections 6.07, 6.08 and 6.09 of the Nekaneet Agreement; and (b) an agreement in respect of the matters referred to in sections 9.01 and 11.10 of the Framework Agreement or sections 9.01 and 11.10 of the Nekaneet Agreement. Agreement binding on band (2) For greater certainty, an agreement that is entered into under subsection (1) is binding, according to its terms, on a band or on the Nekaneet band and, where applicable, on the members of the band or of the Nekaneet band.
Saskatchewan Treaty Land Entitlement Act — S-4.3 10
Authority respecting mineral revenues 10 Where the ownership of mineral rights is transferred by Her Majesty in right of Saskatchewan in the manner set out in subsection 5.08(a) of the Framework Agreement or in subsection 5.08(a) of the Nekaneet Agreement, Her Majesty in right of Canada is authorized to receive, for the use and benefit of the band or the Nekaneet band, the mineral revenues and shall, on a direction from the council of the band or the council of the Nekaneet band, pay to Her Majesty in right of Saskatchewan the amounts that are referred to in subparagraph 5.08(a)(ii) of the Framework Agreement or subparagraph 5.08(a)(ii) of the Nekaneet Agreement.
Saskatchewan Treaty Land Entitlement Act — S-4.3 Application of Act to Indian bands that have not signed the Framework Agreement
Application of Act to Indian bands that have not signed the Framework Agreement * 11 (1) Where the Joseph Bighead band, the Onion Lake band, the Peter Ballantyne band or the Poundmaker band adheres to the Framework Agreement, this Act applies to that Indian band on the later of (a) the day on which that Indian band adheres to the Framework Agreement, in accordance with its provisions, and (b) the day on which this Act comes into force. * [Note: Act in force on assent March 30, 1993.] Application of Act to other agreements (2) Where an agreement is entered into with an Indian band of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, the Minister shall, having regard to subsection 9(4), cause a notice to be published in the Canada Gazette confirming the extent to which this Act applies to that agreement. 1993, c. 11, s. 11; 2002, c. 3, s. 14
Saskatchewan Treaty Land Entitlement Act — S-4.3
MEMORANDUM OF AGREEMENT made the 8th day of December, 1992
Saskatchewan Treaty Land Entitlement Act — S-4.3
THE GOVERNMENT OF CANADA , as represented by the Minister of Indian Affairs and Northern Development, (hereinafter referred to as “Canada”)
Saskatchewan Treaty Land Entitlement Act — S-4.3
THE GOVERNMENT OF THE PROVINCE OF SASKATCHEWAN , as represented by the Minister responsible for the Indian and Métis Affairs Secretariat, (hereinafter referred to as “Saskatchewan”)
Saskatchewan Treaty Land Entitlement Act — S-4.3
WHEREAS a Memorandum of Agreement between Canada and Saskatchewan made the 20th day of March, 1930 (hereinafter referred to as the “ Natural Resources Transfer Agreement ”) was duly approved by the Parliament of Canada and the Legislature of Saskatchewan and, upon an address to His Majesty from the Senate and House of Commons of Canada, was confirmed and declared to have the force of law by an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland entitled the Constitution Act, 1930 ;
Saskatchewan Treaty Land Entitlement Act — S-4.3
AND WHEREAS , pursuant to paragraph 26 of the Natural Resources Transfer Agreement , it was agreed that the provisions of the Natural Resources Transfer Agreement may be varied by an agreement confirmed by concurrent statutes of the Parliament of Canada and the Legislature of Saskatchewan;
Saskatchewan Treaty Land Entitlement Act — S-4.3
AND WHEREAS paragraphs 10 and 11 of the Natural Resources Transfer Agreement provide as follows:
Saskatchewan Treaty Land Entitlement Act — S-4.3 10
10 All lands included in Indian reserves within the Province, including those selected and surveyed but not yet confirmed, as well as those confirmed, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, and the Province will from time to time, upon the request of the Superintendent General of Indian Affairs, set aside, out of the unoccupied Crown lands hereby transferred to its administration, such further areas as the said Superintendent General may, in agreement with the appropriate Minister of the Province, select as necessary to enable Canada to fulfill its obligations under the treaties with the Indians of the Province, and such areas shall thereafter be administered by Canada in the same way in all respects as if they had never passed to the Province under the provisions hereof.
Saskatchewan Treaty Land Entitlement Act — S-4.3 11
11 The provisions of paragraphs one to six inclusive and of paragraph eight of the agreement made between the Government of the Dominion of Canada and the Government of the Province of Ontario on the 24th day of March, 1924, which said agreement was confirmed by statute of Canada, fourteen and fifteen George the Fifth chapter forty-eight shall (except so far as they relate to the Bed of Navigable Waters Act) apply to the lands included in such Indian reserves as may hereafter be set aside under the last preceding clause as if the said agreement had been made between the parties hereto, and the provisions of the said paragraphs shall likewise apply to the lands included in the reserves heretofore selected and surveyed, except that neither the said lands nor the proceeds of the disposition thereof shall in any circumstances become administrable by or be paid to the Province.
Saskatchewan Treaty Land Entitlement Act — S-4.3
AND WHEREAS Canada, Saskatchewan and the Entitlement Bands have negotiated and concluded the Framework Agreement, pursuant to which Canada’s outstanding treaty land entitlement obligations in respect of the Entitlement Bands are to be fulfilled;
Saskatchewan Treaty Land Entitlement Act — S-4.3
AND WHEREAS Canada, Saskatchewan and the Nekaneet Band have negotiated the Nekaneet Settlement Agreement, pursuant to which Canada’s outstanding treaty land entitlement obligations in respect of the Nekaneet Band are also to be fulfilled;
Saskatchewan Treaty Land Entitlement Act — S-4.3
AND WHEREAS Canada and Saskatchewan have agreed that, in consideration of the financial and land related contributions to be made by Saskatchewan pursuant to the Framework Agreement and the Nekaneet Settlement Agreement, Saskatchewan’s obligations under paragraph 10 of the Natural Resources Transfer Agreement in respect of the Nekaneet Band and each Entitlement Band shall, subject to ratification, execution and delivery of their respective Band Specific Agreements, be fulfilled on the earlier of the date such Indian Band reaches its respective Shortfall Acres Acquisition Date or the dates hereinafter referred to;
Saskatchewan Treaty Land Entitlement Act — S-4.3
AND WHEREAS paragraph 6 of the agreement made between Canada and the Government of the Province of Ontario on the 24th day of March, 1924, provides as follows:
Saskatchewan Treaty Land Entitlement Act — S-4.3 6
6 Except as provided in the next following paragraph, one-half of the consideration payable, whether by way of purchase money, rent, royalty or otherwise, in respect of any sale, lease or other disposition of a mining claim staked as aforesaid, and, if in any other sale, lease or other disposition hereafter made of Indian Reserve lands in the Province of Ontario, any minerals are included, and the consideration for such sale, lease or other disposition was to the knowledge of the Department of Indian Affairs affected by the existence or supposed existence in the said lands of such minerals, one-half of the consideration payable in respect of any such other sale, lease or other disposition, shall forthwith upon its receipt from time to time, be paid to the Province of Ontario; the other half only shall be dealt with by the Dominion of Canada as provided in the paragraph of this agreement numbered 1.
Saskatchewan Treaty Land Entitlement Act — S-4.3
AND WHEREAS Canada and Saskatchewan have further agreed that Saskatchewan should not be entitled to any consideration in respect of any sale, lease or other disposition of any mining claim or minerals on or in any lands set apart as an Entitlement Reserve.
Saskatchewan Treaty Land Entitlement Act — S-4.3
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS FOLLOWS:
Saskatchewan Treaty Land Entitlement Act — S-4.3 1
1 In this Agreement, including the recitals, the following capitalized terms shall have the following meanings hereafter ascribed to them:
Saskatchewan Treaty Land Entitlement Act — S-4.3
Band Specific Agreement means, in respect of a particular Entitlement Band, an agreement in the form contemplated pursuant to the Framework Agreement, to be entered into between the Entitlement Band and Canada to give full effect to the provisions of the Framework Agreement among such Entitlement Band, Canada and Saskatchewan and, for the purposes of this Agreement only, shall, in respect of the Nekaneet Band, be deemed to include the Nekaneet Settlement Agreement; ( accord particulier )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Entitlement Band means any one of those Indian Bands (excluding the Nekaneet Band) listed in Schedule 1 to this Agreement which executes the Framework Agreement on the Execution Date, or which thereafter adheres to the Framework Agreement in accordance with the provisions thereof; ( bande ayant droit à des terres )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Entitlement Land means land in Saskatchewan which is hereafter purchased or otherwise acquired by an Entitlement Band or the Nekaneet Band pursuant to the provisions of a Band Specific Agreement to be set apart as an Entitlement Reserve; ( terres dues en vertu d’un traité )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Entitlement Reserve means Entitlement Land which is set apart by Canada as a Reserve for the use and benefit of an Entitlement Band or the Nekaneet Band pursuant to a Band Specific Agreement; ( nouvelle réserve )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Execution Date means the date that Canada and Saskatchewan executed the Framework Agreement; ( date de référence )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Framework Agreement means the agreement among Canada, Saskatchewan and the Entitlement Bands executed by Canada and Saskatchewan on the Execution Date, pursuant to which Canada’s outstanding treaty land entitlement obligations in respect of the Entitlement Bands, and Saskatchewan’s outstanding obligations to Canada under paragraph 10 of the Natural Resources Transfer Agreement , may be fulfilled; ( accord-cadre )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Nekaneet Band means the Nekaneet Band of Indians of Saskatchewan; ( bande de Nekaneet )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Nekaneet Settlement Agreement means the agreement negotiated and initialled for approval by each of Canada, Saskatchewan and the Nekaneet Band to be hereafter ratified, executed and formally concluded in accordance with the provisions thereof; ( accord de règlement avec la bande de Nekaneet )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Reserve means a “reserve” within the meaning of the Indian Act , R.S.C. 1985, c. I-5, as such statute may be amended or replaced from time to time; ( réserve )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Shortfall Acres means, in respect of a particular Entitlement Band or the Nekaneet Band, that area of land (including all existing minerals and improvements in respect thereof), the total acreage of which is set forth in respect of each such Entitlement Band and the Nekaneet Band in Schedule 1; ( superficie manquante )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Shortfall Acres Acquisition Date means, in respect of a particular Entitlement Band or the Nekaneet Band, the date upon which Entitlement Land (including all existing minerals and improvements in respect thereof) in an aggregate area at least equal to such Entitlement Band’s Shortfall Acres (or, in the case of the Nekaneet Band, its Shortfall Acres) has hereinafter been transferred to Canada and is set apart as an Entitlement Reserve or Entitlement Reserves; ( date d’acquisition d’une superficie manquante )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Treaty Land Entitlement (Saskatchewan) Fund means the fund established pursuant to the Framework Agreement and to be administered by Canada for the purpose of, inter alia, accepting and depositing payments by Saskatchewan in respect of the Entitlement Bands. ( Fonds de règlement des droits fonciers issus des traités en Saskatchewan )
Saskatchewan Treaty Land Entitlement Act — S-4.3 2
2 Canada hereby agrees that the Superintendent General of Indian Affairs shall not request Saskatchewan to set aside any land pursuant to paragraph 10 of the Natural Resources Transfer Agreement to fulfil Canada’s obligations under the treaties in respect of any Entitlement Band or the Nekaneet Band, that ratifies, executes and delivers a Band Specific Agreement (or in respect of the past, present and future members of such Indian Bands), as long as Saskatchewan is paying to Canada and the Treaty Land Entitlement (Saskatchewan) Fund the amounts required to be paid by Saskatchewan in respect of each of the said Entitlement Bands in accordance with the Framework Agreement and Saskatchewan has not failed, in any material way, to comply with its other obligations thereunder or, in the case of the Nekaneet Band, has not failed in any material way to comply with its obligations under the Nekaneet Settlement Agreement.
Saskatchewan Treaty Land Entitlement Act — S-4.3 3
3 Notwithstanding section 2 hereof, Canada further agrees that it will forever release and discharge Saskatchewan from all of its obligations pursuant to paragraph 10 of the Natural Resources Transfer Agreement in respect of each Entitlement Band and the Nekaneet Band that has entered into a Band Specific Agreement;
Saskatchewan Treaty Land Entitlement Act — S-4.3 (a)
(a) in the case of any Entitlement Band, from and after the earlier of: (i) the date upon which such Entitlement Band reaches its Shortfall Acres Acquisition Date; or (ii) the date upon which Saskatchewan has paid all amounts required to be paid by Saskatchewan to Canada and the Treaty Land Entitlement (Saskatchewan) Fund pursuant to the Framework Agreement in respect of such Entitlement Band; and
Saskatchewan Treaty Land Entitlement Act — S-4.3 (i)
(i) the date upon which such Entitlement Band reaches its Shortfall Acres Acquisition Date; or
Saskatchewan Treaty Land Entitlement Act — S-4.3 (ii)
(ii) the date upon which Saskatchewan has paid all amounts required to be paid by Saskatchewan to Canada and the Treaty Land Entitlement (Saskatchewan) Fund pursuant to the Framework Agreement in respect of such Entitlement Band; and
Saskatchewan Treaty Land Entitlement Act — S-4.3 (b)
(b) in the case of the Nekaneet Band, from and after the earlier of: (i) the date upon which the Nekaneet Band reaches its Shortfall Acres Acquisition Date; or (ii) the fifth (5th) anniversary of the date that Canada, Saskatchewan and the Nekaneet Band formally execute the Nekaneet Settlement Agreement.
Saskatchewan Treaty Land Entitlement Act — S-4.3 (i)
(i) the date upon which the Nekaneet Band reaches its Shortfall Acres Acquisition Date; or
Saskatchewan Treaty Land Entitlement Act — S-4.3 (ii)
(ii) the fifth (5th) anniversary of the date that Canada, Saskatchewan and the Nekaneet Band formally execute the Nekaneet Settlement Agreement.
Saskatchewan Treaty Land Entitlement Act — S-4.3 4
4 Saskatchewan agrees to relinquish any claim that it may have pursuant to paragraph 11 of the Natural Resources Transfer Agreement to any of the consideration payable in respect of any sale, lease or other disposition of any mining claim or minerals on or in any lands set apart as an Entitlement Reserve.
Saskatchewan Treaty Land Entitlement Act — S-4.3 5
5 This Agreement shall take effect upon being duly approved by Acts of the Parliament of Canada and the Legislature of the Province of Saskatchewan.
Saskatchewan Treaty Land Entitlement Act — S-4.3
IN WITNESS WHEREOF the parties hereto have set their hands on the day and year first above written.
Saskatchewan Treaty Land Entitlement Act — S-4.3 (a)
 not; ( réserves de chemin ) Treaties means, collectively, Treaty Number Four, Treaty Number Six, and Treaty Number Ten, and Treaty means any one of such Treaties; ( traités ) Waterbody means any river, stream, lake, pond, swamp, marsh, or other body of water; and ( nappe d’eau ) Water Project means: (a) any drain, dyke, dam or other work that is proposed to divert or impound water, or any alteration, addition to, or elimination of, any such drain, dyke, dam or other work; (b) any act which results in the emission of water or other substance into a Waterbody; or (c) any use of water; that affects, or if constructed or carried out could reasonably be anticipated to affect, the existing quantity, quality or rate of flow, in a discernible way, of water in a Waterbody and which, if constructed or carried out on lands subject to the jurisdiction of Saskatchewan, would require a licence or other approval under the laws of Saskatchewan. ( projet d’aménagement hydraulique )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Act means the Indian Act , R.S.C. 1985, c. I-5, and the regulations made thereunder, as amended from time to time, or any federal legislation enacted in substitution therefor or in modification thereof, that is applicable to the Entitlement Bands; ( Loi )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Agreement , this Agreement , hereto , hereof , herein , hereunder , hereby and similar expressions, and any reference to Framework Agreement refer, unless otherwise expressly stated, to this agreement, including the recitals, the Schedules and the Appendices attached hereto, and not to any particular article, section, subsection, subparagraph or other subdivision hereof or thereof; ( accord )
Saskatchewan Treaty Land Entitlement Act — S-4.3
Discernible Surface Outlet means a defined and ascertainable channel through which water normally flows for not less than seven (7) consecutive days each year; ( débouché visible en surface )
Saskatchewan Treaty Land Entitlement Act — S-4.3 (a)
Entitlement Band means any of those twenty-six (26) Bands (which, for greater certainty, excludes the Nekaneet Band of Indians of Saskatchewan) in respect of which: (a) Canada has, prior to the Execution Date, accepted for negotiation a claim for outstanding Treaty land entitlement under the terms of Treaty Number Four, Treaty Number Six or Treaty Number Ten; and (b) its Chief is now a signatory hereto or, alternatively, hereafter becomes a signatory hereto in accordance with the provisions of Article 10; ( bande ayant droit à des terres )
Saskatchewan Treaty Land Entitlement Act — S-4.3 (a)
(a) Canada has, prior to the Execution Date, accepted for negotiation a claim for outstanding Treaty land entitlement under the terms of Treaty Number Four, Treaty Number Six or Treaty Number Ten; and
Saskatchewan Treaty Land Entitlement Act — S-4.3 (b)
(b) its Chief is now a signatory hereto or, alternatively, hereafter becomes a signatory hereto in accordance with the provisions of Article 10; ( bande ayant droit à des terres )