Nipissing First Nation Agreement Act (Tax Matters), 2012, S.O. 2012, c. 8, Sched. 37


Published: 2012-06-20

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Nipissing First Nation Agreement Act (Tax Matters), 2012

S.O. 2012, CHAPTER 8
Schedule 37

Consolidation Period: From June 20, 2012 to the e-Laws currency date.

No amendments.

Preamble

Under an agreement between The Nipissing First Nation Band, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of Ontario, dated March 30, 1995, ownership of certain property in Ontario (as described in the Schedules to this Act) is to be transferred by Canada to a corporation to be held in trust for the Nipissing First Nation. It is desirable that, after the transfer, the property continues to be exempt from certain taxes in the circumstances described in this Act.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Status under Assessment Act, s. 3 (1)

1. (1) This section applies with respect to the property described in Schedules 1 and 2 to this Act upon the transfer by Her Majesty the Queen in right of Canada of ownership of the property to a corporation to be held in trust for the Nipissing First Nation. 2012, c. 8, Sched. 37, s. 1 (1).

Same

(2) Subject to subsection (3), the property described in the Schedules is deemed to be exempted by subsection 3 (1) of the Assessment Act from taxation while the property is held in trust by a corporation for the Nipissing First Nation. 2012, c. 8, Sched. 37, s. 1 (2).

Termination of exemption

(3) If, at any time, the property ceases to be held in trust by a corporation for the Nipissing First Nation, the exemption in subsection (1) is terminated and cannot be revived. 2012, c. 8, Sched. 37, s. 1 (3).

2. Omitted (provides for coming into force of provisions of this Act). 2012, c. 8, Sched. 37, s. 2.

3. Omitted (enacts short title of this Act). 2012, c. 8, Sched. 37, s. 3.

schedule 1
PROPERTY DESCRIPTION

All those parcels or tracts of lands and lands covered by water in the geographic Township of Commanda, in the District of Nipissing and in the Province of Ontario, which said parcels or tracts of lands and lands covered by water may be more particularly described as follows:

FIRSTLY:

Part of Lot 2, Concession B, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road, containing 0.90 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

SECONDLY:

Part of Lot 3, Concession B, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road shown on a plan recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada; Saving and Excepting thereout and therefrom that portion of the said right of way lying within the limits of Highway 17 shown on Ministry of Transportation, Ontario Plan P-2494-18, a copy of which is recorded as Plan 4562 in the said Canada Lands Surveys Records and a copy of which is filed as Misc. Plan 23 in the Land Registry Office for the Registry Division of Nipissing (No. 36);

Also Saving and Excepting thereout and therefrom that portion of the said right of way containing by admeasurement 0.121 hectares, more or less, lying within the limits of Lots 3-1-1, 3-1-2, 3-1-3 and 3-5, said Lots being shown on a plan recorded as Plan 67514 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 250; the remaining portion of the said right of way containing 0.64 hectares, more or less, which said remaining portion of right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the said Land Registry Office as No. 46431-A.

THIRDLY:

Part of Lot 4, Concession B, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road shown on a plan recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada; Saving and Excepting thereout and therefrom that portion of the said right of way lying within the limits of Highway 17 shown on Ministry of Transportation, Ontario Plan P-2494-18, a copy of which is recorded as Plan 4562 in the said Canada Lands Surveys Records and a copy of which is filed as Misc. Plan 23 in the Land Registry Office for the Registry Division of Nipissing (No. 36), the remaining portion of the said right of way containing 0.98 hectares, more or less, which said remaining portion of right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the said Land Registry Office as No. 46431-A.

FOURTHLY:

Part of Lot 9, Concession B, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road, containing 1.69 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959 and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

FIFTHLY:

Part of Lot 10, Concession A, of the said Township of Commanda, being composed of that part of the right of way of the Ontario Government Trunk Road, containing 0.31 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

2012, c. 8, Sched. 37, Sched. 1.

schedule 2
PROPERTY DESCRIPTION

All those parcels or tracts of lands and lands covered by water in the District of Nipissing and in the Province of Ontario, which parcels or tracts of lands and lands covered by water may be more particularly described as follows:

FIRSTLY:

The road allowance in front of Lot 1, Concession B, in the Township of Commanda, containing 1.86 hectares, more or less; Saving and Excepting thereout and therefrom that part of the right of way of the Ontario Government Trunk Road, containing 0.70 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that portion of the King’s Highway 17B, containing by admeasurement 0.2272 hectares, more or less, and shown as parts 1, 4 and 5 on a reference plan of survey deposited in the Registry Office for the Registry Division of Nipissing as Plan 36R-8115;

Also Saving and Excepting thereout and therefrom that portion of the said road allowance, containing by admeasurement 0.4451 hectares, more or less, which was granted to Donald Milne under Crown Canada Letters Patent No. 24430, dated on the 25th day of October, 1950, said portion being shown on Plan M.3306 in the Canada Lands Surveys Records in Natural Resources Canada.

SECONDLY:

Lot 2, Concession B, in the Township of Commanda, containing 105.22 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of King’s Highway No. 17, containing by admeasurement 1.3649 hectares, more or less, and shown as Part 2 on a reference plan of survey deposited in the Land Registry Office for the Registry Division of Nipissing as Plan 36R-8116;

Also Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 1.66 hectares, more or less, shown on a plan, a copy of which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December 1918, at the hour of 10 o’clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that part of the right of way of the Ontario Government Trunk Road, containing 0.90 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A, shown on a plan recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom part of Lot 2, Concession B, containing 1.3227 hectares, more or less, which was granted to the Nipissing Band Holding and Investment Ltd. under Crown Canada Letters Patent No. 308947, a copy of which is recorded on the Register for Parcel 27692 Nip. in the Land Registry Office for the Land Titles Division of Nipissing (No. 36), and which said part is described in the said Letters Patent as:

“PREMISING that the bearings contained herein are astronomic and are derived from the bearing 359 degrees 39 minutes of the east limit of Lot 2-2 as shown on a plan recorded as Plan 58294 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as No. 171, and are referred to the meridian through the M.T.O. Concrete Monument at the south east corner of Lot 1 in the Indian Wood Lot 2-2, on the said Plan 58294.

COMMENCING where a survey monument has been planted in the northerly limit of the Canadian National Railway right of way, distant 276.78 metres measured 179 degrees 39 minutes from the survey monument defining the north east corner of Lot 2-2 as shown on the said Plan 58294.

THENCE westerly along the northerly limit of the Canadian National Railway right of way on a curve to the right of radius 421.45 metres, an arc distance of 147.46 metres, the chord equivalent of which bears 267 degrees, 59 minutes, 40 seconds, 146.70 metres to a survey monument planted.

THENCE 359 degrees, 45 minutes, 114.21 metres to a survey monument planted.

THENCE 104 degrees, 46 minutes 58.08 metres to a survey monument planted.

THENCE 100 degrees, 24 minutes, 40 seconds, 91.98 metres to a survey monument planted.

THENCE 179 degrees, 39 minutes, 77.66 metres to a Point of Commencement.

Together With a right of way for access purposes 12.77 metres in perpendicular width extending from the southerly limit of King’s Highway No. 17 southerly to the northerly limit of the Canadian National Railway right of way and described as follows:

COMMENCING at the survey monument defining the north east corner of Lot 2-2 on the said Plan 58294.

THENCE 179 degrees, 39 minutes, 276.78 metres to a survey monument planted in the northerly limit of the Canadian National Railway right of way.

THENCE easterly on a curve to the left of radius 421.45 metres, an arc distance of 13.08 metres, the chord equivalent of which bears 77 degrees, 07 minutes, 14 seconds, 13.08 metres to a survey monument planted in the northerly limit of the said right of way.

THENCE 359 degrees, 39 minutes, 274.09 metres to a survey monument planted in the southerly limit of the King’s Highway No. 17 aforementioned.

THENCE 269 degrees, 10 minutes along the said highway limit 12.77 metres to the Point of Commencement.

Also with a right of way for access purposes 13 metres in perpendicular width described as follows:

COMMENCING where a survey monument has been planted in the southerly limit of the Ontario Hydro right of way as shown on a plan recorded as Plan M2467 in the Canada Lands Surveys Records in Natural Resources Canada distant 185.89 metres measured 179 degrees, 39 minutes from the survey monument defining the northeast corner of Lot 2-2 on the previously mentioned Plan 58294.

THENCE 280 degrees, 24 minutes, 40 seconds along the southerly limit of the Ontario Hydro right of way 89.05 metres to a survey monument planted.

THENCE 284 degrees, 46 minutes, continuing along the southerly limit of the Ontario Hydro right of way 61.07 metres to a survey monument planted.

THENCE 104 degrees, 46 minutes, 58.08 metres to a survey monument planted.

THENCE 100 degrees, 24 minutes, 40 seconds, 91.98 metres to the survey monument planted at the north east corner of the previously described 1.3227 hectare parcel.

THENCE 359 degrees, 39 minutes 13.23 metres to the Point of Commencement.”

The said part of Lot 2, Concession B being shown on a sketch to illustrate description, signed by M.N. Simpson, O.L.S. (Reg. No. 683), a print of said sketch being recorded as Misc. 1591 in the Ontario Regional Office Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that part of Lot 2, Concession B, containing 1.38 hectares, more or less, shown as Lot 2-2 on a plan recorded as Plan 58294 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 171.

THIRDLY:

Lot 3, Concession B, in the Township of Commanda, containing 123.84 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of the King’s Highway No. 17, containing by admeasurement 2.6548 hectares, more or less, and shown as Part 1, on reference plan of survey deposited in the Land Registry Office for the Registry Division of Nipissing as Plan 36R-8117;

Also Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 0.85 hectares, more or less, as shown on a plan, a copy of which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December, 1918, at the hour of 10 o’clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that part of the right of way of the Ontario Government Trunk Road, containing 1.90 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that part of Lot 3, Concession B, containing 0.18 hectares, more or less, shown as Lot 3-2 on a plan recorded as Plan 60256 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 205;

Also Saving and Excepting thereout and therefrom that part of Lot 3, Concession B, containing 0.12 hectares, more or less, shown as Lot 3-3 on a plan recorded as Plan 60256 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 205;

Also Saving and Excepting thereout and therefrom that part of Lot 3, Concession B, containing 0.22 hectares, more or less, shown as Lot 3-4 on a plan recorded as Plan 60256 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 205;

Also Saving and Excepting thereout and therefrom that part of Lot 3, Concession B, containing 0.11 hectares, more or less, shown as Lot 3-1-1 on a plan recorded as Plan 67514 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 250;

Also Saving and Excepting thereout and therefrom that part of Lot 3-1-2, Concession B, containing 0.66 hectares, more or less, shown as Lot 3-1-2 on a plan recorded as Plan 67514 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 250;

Also Saving and Excepting thereout and therefrom that part of Lot 3, Concession B, containing 0.28 hectares, more or less, shown as Lot 3-1-3 on a plan recorded as Plan 67514 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 250;

Also Saving and Excepting thereout and therefrom that part of Lot 3, Concession B, containing 0.60 hectares, more or less, shown as Lot 3-5 on a plan recorded as Plan 67514 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 250;

Also Saving and Excepting thereout and therefrom that part of Lot 3, Concession B, containing 0.40 hectares, more or less, shown as Lot 3-7 on a plan recorded as Plan 76106 in the Canada Lands Surveys Records in Natural Resources Canada, a copy of which is filed in the Land Registry Office for the Registry Division of Nipissing (No. 36) as Misc. 406.

FOURTHLY:

Lot 4, Concession B, in the Township of Commanda, containing 118.58 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of the King’s Highway No. 17, containing by admeasurement 2.8484 hectares more or less, and shown as Part 2 on a reference plan of survey deposited in the Land Registry Office for the Registry Division of Nipissing as Plan 36R-8117;

Also Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 0.81 hectares, more or less, as shown on a plan, a copy of which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December, 1918, at the hour of 10 o’clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that part of the right of way of the Ontario Government Trunk Road, containing 1.75 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

FIFTHLY:

All that part of Lot 6, Concession B, in the Township of Commanda, lying north of the King’s Highway No. 17, the said highway being shown on a reference plan of survey deposited in the Land Registry Office for the Registry Division of Nipissing as Plan 36R-8118; Saving and Excepting thereout and therefrom that part of Lot 6, Concession B, containing by admeasurement 4.02 hectares more or less, transferred to His Majesty the King in right of Ontario by Order in Council P.C. 1513 dated March 28, 1951, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 94 and recorded as Plan M3400 in the Canada Lands Surveys Records in Natural Resources Canada.

SIXTHLY:

All that part of Lot 7, Concession B, in the Township of Commanda, lying north of the King’s Highway No. 17, the said highway being shown on a reference plan of survey deposited in the Land Registry Office for the Registry Division of Nipissing as Plan 36R-8112.

SEVENTHLY:

Lot 9, Concession B, in the Township of Commanda, containing 46.54 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of the King’s Highway No. 17, containing by admeasurement 4.024 hectares more or less, and shown as Part 1 on a reference plan of survey deposited in the Land Registry Office for the Registry Division of Nipissing as Plan 36R-8113;

Also Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 2.05 hectares, more or less, as shown on a plan, a copy which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December, 1918, at the hour of 10 o’clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that part of the right of way of the Ontario Government Trunk Road, containing 1.69 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in Right of Canada by Order in Council 1403/59 dated April 30, 1959 and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

EIGHTHLY:

The road allowance in front of Lot 9, Concession B, in the Township of Commanda, containing 1.70 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 0.97 hectares, more or less, as shown on a plan, a copy of which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December, 1918, at the hour of 10 o’clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada.

NINTHLY:

The road allowance in front of Lot 10, Concession B, in the Township of Commanda, containing 1.94 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 0.40 hectares, more or less, as shown on a plan, a copy of which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December, 1918, at the hour of 10 o’clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada.

TENTHLY:

Lot 10, Concession A, in the Township of Commanda, containing 129.10 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of the King’s Highway No. 17, containing by admeasurement 3.652 hectares, more or less, and shown as Part 3 on a reference plan of survey deposited in the Land Registry Office for Registry Division of Nipissing as Plan 36R-8113;

Also Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 0.30 hectares, more or less, as shown on a plan, a copy of which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December, 1918, at the hour of 10 o'clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada;

Also Saving and Excepting thereout and therefrom that part of the right of way of the Ontario Government Trunk Road, containing 0.31 hectares, more or less, which said right of way was transferred to Her Majesty the Queen in right of Canada by Order in Council 1403/59 dated April 30, 1959, and registered in the Land Registry Office for the Registry Division of Nipissing as No. 46431-A and recorded as Plan 1468 in the Canada Lands Surveys Records in Natural Resources Canada.

ELEVENTHLY:

The road allowance in front of Lot 11, Concession A, in the Township of Commanda, containing 2.02 hectares, more or less; Saving and Excepting thereout and therefrom the right of way of the Canadian National Railway Company, containing 0.20 hectares, more or less, as shown on a plan, a copy of which was received and deposited in the Land Registry Office for the Registry Division of Nipissing on the 9th day of December, 1918, at the hour of 10 o’clock a.m. and recorded as Plan 1734A in the Canada Lands Surveys Records in Natural Resources Canada.

TWELFTHLY:

Lot 11, Concession I, in the Township of Commanda, containing 131.12 hectares, more or less.

2012, c. 8, Sched. 37, Sched. 2.

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