Indian Lands Act

Link to law: http://nslegislature.ca/legc/statutes/indian.htm
Published: 2016-01-05

Indian Lands Act

CHAPTER 219 OF THE REVISED STATUTES, 1989

An Act Respecting an Agreement Between
the Government of Canada and
the Government of Nova Scotia for
the Settlement of Questions Respecting
Indian Reserve Lands

Short title
1 This Act may be cited as the Indian Lands Act. R.S., c. 219, s. 1.

Agreement
2 The Minister of Lands and Forests or such other member of theExecutive Council as is thereunto authorized by the Governor in Councilmay, on behalf of the Government of Nova Scotia, enter into and carryout an agreement in the form in the Schedule to this Act for thesettlement of questions respecting Indian Reserve Lands. R.S., c. 219, s. 2.

Effect of Agreement
3 When an Agreement is entered into pursuant to this Act, the termsof the Agreement shall have effect as if they were contained in an Act ofthe Legislature. R.S., c. 219, s. 3.

Powers of Governor in Council
4 The Governor in Council may do, or may authorize a member ofthe Executive Council to do, every act necessary or proper for theexercise or enjoyment of any power, privilege or right conferred upon orvested in the Government of Nova Scotia under the said Agreement. R.S., c. 219, s. 4.

SCHEDULE

MEMORANDUM OF AGREEMENT made this . . . . . . . . . . day of . . . . . . . . .., 195. . . . .

BETWEEN:

THE GOVERNMENT OF CANADA, hereinafter referred to as "Canada", ofthe first part,

- and -

THE GOVERNMENT OF THE PROVINCE OF NOVA SCOTIA, hereinafterreferred to as "Nova Scotia", of the second part.

WHEREAS since the enactment of the British North America Act, 1867, certain landsin the Province of Nova Scotia set aside for Indians have been surrendered to the Crownby the Indians entitled thereto;

AND WHEREAS from time to time Letters Patent have been issued under the GreatSeal of Canada purporting to convey said lands to various persons;

AND WHEREAS two decisions to the Judicial Committee of the Privy Council relatingto Indian lands in the Province of Ontario and Quebec lead to the conclusion that saidlands could only have been lawfully conveyed by authority of Nova Scotia with the resultthat the grantees of said lands hold defective titles and are thereby occasioned hardshipand inconvenience;

NOW THIS AGREEMENT WITNESSETH that the parties hereto, in order to settle alloutstanding problems relating to Indian reserves in the Province of Nova Scotia and toenable Canada to deal effectively in future with lands forming part of said reserves, havemutually agreed subject to the approval of the Parliament of Canada and the Legislatureof the Province of Nova Scotia as follows:

1 In this agreement, unless the context otherwise requires,

(a) "Province" means the Province of Nova Scotia;

(b) "reserve lands" means those reserves in the Province referred to in theappendix to this agreement;

(c) "patented lands" means those tracts of land in the Province in respect ofwhich Canada accepted surrenders of their rights and interests therein from theIndians entitled to the use and occupation thereof and in respect of which grantswere made by Letters Patent issued under the Great Seal of Canada;

(d) "minerals" includes salt, oil, natural gas, infusorial earth, ochres orpaints, the base of which is found in the soil, fire clays, carbonate of lime,sulphate of lime, gypsum, coal, bituminous shale, albertite and uranium, but notsand, gravel and marl;

(e) "Indian Act" means the Indian Act, Revised Statutes of Canada 1952,cap. 139, as amended from time to time and includes any reenactment, revisionor consolidation thereof;

(f) "surrender" means the surrender for sale of reserve lands or a portionthereof pursuant to the Indian Act but does not include a surrender of rights andinterests in reserve lands for purposes other than sale; and

(g) "public highways" means every road and bridge in reserve lands,constructed for public use by and at the expense of the Province or anymunicipality in the Province and in existence at the coming into force of thisagreement.

2 All grants of patented lands are hereby confirmed except insofar as such grantspurport to transfer to the grantees any minerals and said minerals are herebyacknowledged to be the property of the Province.

3 Nova Scotia hereby transfers to Canada all rights and interests of the Provincein reserve lands except lands lying under public highways and minerals.

4 (1) In the event that a band of Indians in the Province becomes extinct,Canada shall revest in the Province all the rights and interests transferred to it under thisagreement in the reserve lands occupied by such band prior to its becoming extinct.

(2) For the purpose of subparagraph (1) a band does not become extinct byenfranchisement.

5 The mining regulations made from time to time under the Indian Act apply to theprospecting for, mining of or other dealing in all minerals in unsurrendered reservelands and all minerals reserved in the grants referred to in paragraph 2, and any paymentmade pursuant to such regulations whether by way of rent, royalty, or otherwise, shallbe paid to the Receiver General of Canada for the use and benefit of the Indian band orIndians from whose reserve lands such monies are so derived.

6 (1) Canada shall forthwith notify Nova Scotia of any surrender and NovaScotia may within thirty days of receiving such notification elect to purchase the surrendered lands at a price to be agreed upon.

(2) If Nova Scotia fails to elect within such thirty-day period, Canada may disposeof the surrendered lands without further reference to Nova Scotia.

(3) Where a surrender is made under the condition that the surrendered lands be soldto a named or designated person at a certain price or for a certain consideration, NovaScotia shall exercise its election subject to that price or consideration.

(4) Subject to subparagraph (3) of this paragraph, should Canada and Nova Scotiabe unable, within thirty days of the date of an election to purchase being made, to reachagreement on the price to be paid by Nova Scotia for any surrendered lands, the mattershall be referred to arbitrators as follows:

(a) Canada and Nova Scotia shall each appoint one arbitrator, and the twoarbitrators so appointed shall appoint a third arbitrator;

(b) the decision of the arbitrators as to the price to be paid by Nova Scotiafor the surrendered lands shall be final and conclusive; and

(c) the costs of arbitration shall be borne equally by Canada and Nova Scotia.

IN WITNESS WHEREOF . . . . . . . . . . has hereunto set . . . . . . . . . . hand onbehalf of the Government of Canada and . . . . . . . . . . has hereunto set his hand onbehalf of the Government of the Province of Nova Scotia.

Signed on behalf of the )
Government of Canada by )
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in the presence of: )
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)
Signed on behalf of the )
Government of the Province )
of Nova Scotia by )
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in the presence of: )
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APPENDIX

Reserve No. Name of Reserve Location of Reserve

ANNAPOLIS COUNTY

7 Kedgemakooge 10 parcels of land lying along the
shore of Kedgemakooge (Kajimiujik)
Lake, together with Richie and Muise
Islands and the unnamed Island lying
between the two abovenamed Islands,
approximately 12 miles east of Caledonia.

6 Bear River See Digby County.

ANTIGONISH COUNTY

23 Pomquet and
Afton (a) parcel of land on both sides of
Pomquet River, one mile west of
Heatherton;
(b) 2 parcels of land, approxi-
mately 2 miles east of Heatherton, on
the south side of Highway No. 4.

CUMBERLAND COUNTY

22 Franklin Manor Approximately 10 miles southwest of
Amherst, west of Hebert River.

DIGBY COUNTY

6 Bear River Approximately ¼ of a mile south of
Digby-Annapolis county line. Part of
this reserve is in Annapolis County.

HALIFAX COUNTY

17 Beaver Lake Approximately 11 miles northeast
from Sheet Harbour on the west side
of Highway No. 24.

HANTS COUNTY

13 Shubenacadie
(Grand Lake) On the west shore of Shubenacadie
Grand Lake near Hants and Halifax
county line.

14 Shubenacadie Approximately 2 miles west of
Shubenacadie on both sides of Indian
Brook on the north side of the road
from Nine Mile River to
Shubenacadie.

34 St. Croix 7 miles south of Windsor at the north
end of St. Croix Lake.

INVERNESS COUNTY

2 Whycocomagh At the east end of St. Patrick channel,
approximately one mile east of the
town of Whycocomagh.

4 Malagawatch At the entrance of Denys Bay at the
north shore of the Malagawatch Harbour.

25 Margaree A small reserve on the west bank of
Margaree River about ¼ of a mile
north of the junction of the south-west
and north-east branches of Margaree
River.

26 Port Hood Small reserve near port Hood.

LUNENBURG COUNTY

19 Pennal Between Camp Lake and Wallaback
Lake, approximately 4 miles
north-east of New Ross Settlement.

20 New Ross Near the north-east end of Wallaback
Lake, about 10 miles north-east of the
Pennal Indian Reserve No. 19.

21 Gold River On the west side of Gold River near its
mouth, approximately 3 miles west of
Chester Basin Settlement.

PICTOU COUNTY

24 Fishers Grant On the south shore of the entrance
into Pictou Harbour, about 4 miles
north of the town of Trenton.

31 Merigomish
Harbour Indian (or Chapel) Island and Muless
(or Mooley) Island, south-west of
Olding Island in Merigomish
Harbour.

QUEENS COUNTY

10 Ponhook Lake On the east shore of Medway River at
the outlet of Ponhook Lake, 2 miles
north of Bang Falls Settlement.

11 Medway River On the west shore of Medway River,
opposite Ponhook Lake Indian
Reserve No. 10.

12 Wild Cat Along both sides of Wildcat River,
west of Molega Lake and north of
Ponhook Lake, about 2 miles south of
the town of South Brookfield.

RICHMOND COUNTY

5 Chapel Island Approximately 5 miles east of St.
Peters, on Highway No. 4, including
the Chapel Island and two other
adjacent Islands.

VICTORIA COUNTY

1 Middle River At the mouth of the Middle River on
Highway No. 5, approximately 8 miles
west of Baddeck.

CAPE BRETON COUNTY

3 Escasoni On the north shore of East Bay of Bras
d'or Lake, approximately 20 miles
east of Sydney.

1959, c. 3, Sch.
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