Bill C-40
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-40 |
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An Act respecting the Nelson House First
Nation and the settlement of matters
arising from an agreement relating to the
flooding of land
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Nelson
House First Nation Flooded Land Act.
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INTERPRETATION |
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Definitions
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2. The definitions in this section apply in
this Act.
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``agreement'' « accord »
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``agreement'' means the agreement concluded
between
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``Flood
Agreement'' « Convention »
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``Flood Agreement'' means the agreement
concerning the flooding of land concluded
between
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EXEMPTIONS |
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Indian
moneys
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3. (1) Amounts paid to the Nelson House
First Nation pursuant to the agreement,
whether before or after the coming into force
of this Act, are not Indian moneys within the
meaning of subsection 2(1) of the Indian Act.
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Transfer of
amounts held
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(2) As soon as practicable after the coming
into force of this Act, all amounts collected,
received or held by Her Majesty in right of
Canada for the use or benefit of the Nelson
House First Nation pursuant to the agreement
shall be transferred to the Nelson House First
Nation in accordance with the agreement.
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Subsection
35(4) of the
Indian Act
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4. Subsection 35(4) of the Indian Act does
not apply in respect of any amount paid,
whether before or after the coming into force
of this Act, to the Nelson House First Nation
pursuant to the agreement.
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Section 36 of
the Indian Act
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5. Where land is held or transferred pur
suant to the agreement, section 36 of the
Indian Act does not apply in respect of that
land if the holder or transferee of the land, or
any subsequent holder or transferee of the
land, is not Her Majesty in right of Canada.
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CLAIMS |
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Claims
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6. A claim provided for by both the Flood
Agreement and the agreement may be exer
cised by
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only in accordance with the agreement.
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ARBITRATION |
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Arbitration
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7. Except as otherwise provided in the
agreement, the legislation of Manitoba relat
ing to arbitration applies in respect of any
dispute between the parties to the agreement
that, under the terms of the agreement, is to be
settled by way of arbitration.
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