An Act respecting an agreement with the Norway House Cree Nation for the settlement of matters arising from the flooding of landManitoba Claim Settlement Implementation Act (Norway House Cree Nation)Manitoba Claim Settlements Implementation200010

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20198

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M-0.53332000Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title

Short title1This Act may be cited as the Manitoba Claim Settlement Implementation Act (Norway House Cree Nation).2000, c. 33, s. 12018, c. 27, s. 681

PART 1Norway House Cree Nation Flooded Land

Definitions2The definitions in this section apply in this Part.Agreement means the agreement concluded between(a)Her Majesty in right of Canada,(b)Her Majesty in right of Manitoba,(c)the Manitoba Hydro-Electric Board, and(d)the Norway House Cree Nation,pursuant to negotiations relating to the comprehensive implementation of the Flood Agreement. (Accord)first nation means the Norway House Cree Nation. (première nation)Flood Agreement means the agreement concerning the flooding of land concluded between(a)Her Majesty in right of Canada,(b)Her Majesty in right of Manitoba,(c)the Manitoba Hydro-Electric Board, and(d)the Northern Flood Committee, Inc.and signed on December 16, 1977. (Convention)

Indian moneys3(1)Amounts paid to the first nation pursuant to the Agreement, whether before or after the coming into force of this Part, are not Indian moneys within the meaning of subsection 2(1) of the Indian Act.Transfer of amounts held*(2)As soon as practicable after the coming into force of this Part, all amounts collected, received or held by Her Majesty in right of Canada for the use or benefit of the first nation pursuant to the Agreement shall be transferred to the first nation in accordance with the Agreement.*[Note: Part 1 in force on assent October 20, 2000.]

Subsection 35(4) of the Indian Act4Subsection 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 Part, to the first nation pursuant to the Agreement.

Section 36 of the Indian Act5Where land is held or transferred pursuant 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.

Claims6A claim provided for by both the Flood Agreement and the Agreement may be exercised by(a)the council of the first nation,(b)the first nation,(c)a member of the first nation,(d)any group or unincorporated association that is wholly or substantially comprised of members of the first nation,(e)any unincorporated association established by the council of the first nation,(f)any share capital corporation the shares of which are wholly or substantially owned and controlled by the first nation or members of the first nation, and(g)any non-share capital corporation the membership of which consists wholly or substantially of the first nation or members of the first nation,only in accordance with the Agreement.

Arbitration7Except as otherwise provided in the Agreement, the legislation of Manitoba relating 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.

8[Repealed, 2018, c. 27, s. 682]

9[Repealed, 2018, c. 27, s. 682]

10[Repealed, 2018, c. 27, s. 682]

11[Repealed, 2018, c. 27, s. 682]

12[Repealed, 2018, c. 27, s. 682]

13[Repealed, 2018, c. 27, s. 682]

SCHEDULE[Repealed, 2018, c. 27, s. 683]RELATED PROVISIONS — 2018, c. 27, s. 677

Manitoba Claim Settlements Implementation Act677If the council of a First Nation has, by resolution, requested that the Minister set apart certain lands as a reserve under the Manitoba Claim Settlements Implementation Act and, on the day on which this section comes into force, those lands have not been set apart as a reserve,(a)any designation or grant of an interest or right made under section 12 of the Manitoba Claim Settlements Implementation Act, as it read immediately before this section comes into force, is deemed to have been made under section 5 of the Addition of Lands to Reserves and Reserve Creation Act;(b)any ongoing process conducted under the Indian Act, in accordance with Manitoba Claim Settlements Implementation Act, for the purposes of a proposed designation, is continued in accordance with the Addition of Lands to Reserves and Reserve Creation Act; and(c)any permit issued or any consent given under section 13 of the Manitoba Claim Settlements Implementation Act, as it read immediately before this section comes into force, is deemed to have been issued or given, as the case may be, under section 6 of the Addition of Lands to Reserves and Reserve Creation Act.