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This Act is current to November 14, 2018

Indian Cut-off Lands Disputes Act

[RSBC 1996] CHAPTER 218

Contents
1Definitions
2Agreements resolving claims
3Provisions to be included in agreement
4Transfers of land
5Money to be paid out of consolidated revenue fund

Definitions

1   In this Act:

"council of the band" has the same meaning as in the Indian Act (Canada);

"cut-off lands" means lands that had before 1916 been appropriated by the government for the use and benefit of Indians but that, under the Indian Affairs Settlement Act, S.B.C. 1919, c. 32, the British Columbia Indian Lands Settlement Act, S.C. 1920, c. 51, and the report of the Royal Commission on Indian Affairs in the Province of British Columbia of June 30, 1916, as approved by Dominion Privy Council Order 1265 of July 19, 1924 and British Columbia Order in Council 911 of July 26, 1923, ceased to be so appropriated, but "cut-off lands" does not include any lands in the Railway Belt or Peace River Block;

"Indian Band" means a band as defined by the Indian Act (Canada).

Agreements resolving claims

2   If, under an Act of Canada, express provision is made for either

(a) an Indian Band, or

(b) the council of an Indian band

to enter into an agreement for the purposes of resolving and extinguishing claims asserted by the Indian Band and the council of the band against the government or against the government and Canada in respect of cut-off lands and by that agreement to bind both

(c) all present and future members of the Indian Band, and

(d) the council of the Indian Band and its successors

the minister may enter into an agreement with the Indian Band, the council of the band, or both, and the government of Canada for the purposes of resolving and extinguishing the claims.

Provisions to be included in agreement

3   An agreement

(a) may include provisions for a disposition of land under the Land Act, a transfer of land to Canada in accordance with section 4 or a payment of money, or all or any of them, by the government in respect of the cut-off lands claims, and

(b) must include provisions for the release, discharge and extinguishment of all claims against British Columbia by present and future members of the Indian Band and by the council of the band and its successors in respect of cut-off lands.

Transfers of land

4   If an agreement provides for a transfer of land to Canada, it must be made by a transfer of administration, control and benefit of the land under section 31 of the Land Act for the use and benefit of the Indian Band, and must be subject to

(a) the same exceptions and reservations as those contained in the order of the Lieutenant Governor in Council, numbered 1036 of 1938, and

(b) any lease or other interest existing in the land at the date of transfer.

Money to be paid out of consolidated revenue fund

5   If an agreement provides for the payment of money, the money must be paid to Canada out of the consolidated revenue fund for the use and benefit of the Indian Band.