TRANSITIONAL PROVISIONS

Marginal note:Existing claims

• 42. (1) If a First Nation has submitted a claim based on any one or more of the grounds referred to in subsection 14(1) to the Minister before the day on which this Act comes into force containing the kind of information that would meet the minimum standard established under subsection 16(2), or if the claim is being negotiated on the day on which this Act comes into force, the claim is deemed to have been filed with the Minister in accordance with section 16, or the Minister is deemed to have decided to negotiate the claim and to have notified the First Nation in writing of that decision, as the case may be, on the day on which this Act comes into force.

• Marginal note:Examination by Minister

  (2) Within six months after the day on which this Act comes into force, the Minister shall examine all claims — except those that the Minister has notified the First Nation in writing of the Minister’s decision not to negotiate, in whole or in part — that are based on any one or more of the grounds referred to in subsection 14(1) submitted by First Nations to the Minister before the day on which this Act comes into force, and

  • (a) if a claim contains the kind of information that would meet the minimum stand- ard established under subsection 16(2), the Minister shall notify the First Nation in writing that its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force;

  • (b) if a claim does not contain that kind of information, the Minister shall request in writing that the First Nation provide the Minister with the missing information; or

  • (c) if a claim is being negotiated, in whole or in part, the Minister shall notify the First Nation in writing that for the purpose of section 16 the date of the Minister’s decision to negotiate the claim is deemed to be the day on which this Act comes into force.

• Marginal note:Amended claim — deemed filing date

  (3) If a First Nation provides the Minister with the information requested under paragraph (2)(b)

  • (a) within six months after the date of the Minister’s request, its claim is deemed to have been filed with the Minister in accordance with section 16 on the day on which this Act comes into force; or

  • (b) later than six months after the date of the Minister’s request, its claim will be filed with the Minister in accordance with section 16 on the date the requested information is received by the Minister.

• Marginal note:Notice of filing date

  (4) On receiving the information referred to in paragraph (2)(b), the Minister shall notify the First Nation in writing of the date on which its claim was filed with the Minister.

Marginal note:Previous decision not to negotiate

43. For greater certainty, if, before the coming into force of this Act, a First Nation has been notified by the Minister of his or her decision not to negotiate a claim, the First Nation may not file that claim with the Tribunal on the basis of that decision but nothing prevents the First Nation from filing the claim with the Minister after the coming into force of this Act.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

44. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

45. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

and a corresponding reference to “subsections 27(2) and 38(2)”.

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

46. Subsection 28(1) of the Federal Courts Act is amended by striking out the word “and” at the end of paragraph (p), by adding the word “and” at the end of paragraph (q) and by adding the following after paragraph (q):

R.S., c. F-11Financial Administration Act

47. Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to the “Minister of Indian Affairs and Northern Development”.

48. Schedule IV to the Act is amended by adding the following in alphabetical order:

49. Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to the “Registrar”.

R.S., c. P-21Privacy Act

50. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. P-36Public Service Superannuation Act

51. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

REPEAL

Marginal note:Repeal

52. The Specific Claims Resolution Act, chapter 23 of the Statutes of Canada, 2003, is repealed.

COMING INTO FORCE

Marginal note:Coming into force

53. This Act comes into force 120 days after the day on which it receives royal assent.