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Saskatchewan Treaty Land Entitlement Act (S.C. 1993, c. 11)

Act current to 2020-09-09 and last amended on 2019-08-27. Previous Versions

Saskatchewan Treaty Land Entitlement Act

S.C. 1993, c. 11

Assented to 1993-03-30

An Act respecting an agreement regarding treaty land entitlement in Saskatchewan entered into on September 22, 1992 among Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Saskatchewan and the Keeseekoose, Muskowekwan, Ochapowace, Okanese, Piapot, Star Blanket, Yellowquill, Beardy’s & Okemasis, Flying Dust, Little Pine, Moosomin, Mosquito Grizzly Bear’s Head, Muskeg Lake, One Arrow, Pelican Lake, Red Pheasant, Saulteaux, Sweetgrass, Thunderchild, Witchekan Lake, Canoe Lake and English River bands, and respecting an agreement regarding treaty land entitlement in Saskatchewan entered into on September 23, 1992 among Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Saskatchewan and the Nekaneet band

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Saskatchewan Treaty Land Entitlement Act.

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    band

    band means

    • (a) the Keeseekoose, Muskowekwan, Ochapowace, Okanese, Piapot, Star Blanket, Yellowquill, Beardy’s & Okemasis, Flying Dust, Little Pine, Moosomin, Mosquito Grizzly Bear’s Head, Muskeg Lake, One Arrow, Pelican Lake, Red Pheasant, Saulteaux, Sweetgrass, Thunderchild, Witchekan Lake, Canoe Lake and English River bands,

    • (b) an Indian band that adheres to the Framework Agreement under subsection 11(1), and

    • (c) an Indian band that is a party to an agreement to which this Act applies by virtue of subsection 11(2); (bande)

    Framework Agreement

    Framework Agreement means the Saskatchewan Treaty Land Entitlement Framework Agreement entered into on September 22, 1992, pursuant to which Canada’s outstanding treaty land entitlement obligations are to be fulfilled in respect of those bands that are parties to that Agreement, certain provisions of which are set out in Schedule II; (accord-cadre)

    Minister

    Minister means the Minister of Indigenous Services; (ministre)

    Nekaneet Agreement

    Nekaneet Agreement means the Nekaneet Treaty Land Entitlement Settlement Agreement entered into on September 23, 1992, pursuant to which Canada’s outstanding treaty land entitlement obligations are fulfilled in respect of the Nekaneet band, certain provisions of which are set out in Schedule III; (accord Nekaneet)

    Nekaneet band

    Nekaneet band means the Nekaneet band of Indians of Saskatchewan; (bande de Nekaneet)

    NRTA Amendment Agreement

    NRTA Amendment Agreement means the agreement to vary the Natural Resources Transfer Agreement (NRTA) entered into between the Government of Canada and the Government of Saskatchewan and set out in Schedule I. (accord modifiant la CTRN)

  • Marginal note:Definitions

    (2) Words and expressions that are not defined in this Act have the same meaning as in the NRTA Amendment Agreement.

  • 1993, c. 11, s. 2
  • 2002, c. 3, s. 11
  • 2019, c. 29, s. 375

General

Marginal note:Confirmation of NRTA Amendment Agreement

  •  (1) The NRTA Amendment Agreement is hereby confirmed and shall take effect according to its terms.

  • Marginal note:Confirmation of other agreements

    (2) If, either before or after the coming into force of this subsection,

    • (a) an agreement is entered into with an Indian band of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, and

    • (b) in connection with the agreement referred to in paragraph (a), the Government of Canada and the Government of Saskatchewan enter into an agreement in the same or substantially the same form as the NRTA Amendment Agreement,

    the agreement between the Government of Canada and the Government of Saskatchewan referred to in paragraph (b) is hereby confirmed and shall take effect according to its terms.

  • 1993, c. 11, s. 3
  • 2002, c. 3, s. 12

Marginal note:Account to be established

  •  (1) There is hereby established a special account in the accounts of Canada to be known as the Treaty Land Entitlement (Saskatchewan) Fund.

  • Marginal note:Credits to Fund

    Footnote *(2) There shall be

    • (a) credited to the Treaty Land Entitlement (Saskatchewan) Fund the balance remaining of all amounts that were paid into the Consolidated Revenue Fund, prior to the coming into force of this Act, as contributions by Her Majesty in right of Saskatchewan pursuant to section 3.07 of the Framework Agreement, together with any interest credited to those amounts by Her Majesty in right of Canada pursuant to subsection 3.07(c) of that Agreement;

    • (b) paid into the Consolidated Revenue Fund and credited to the Treaty Land Entitlement (Saskatchewan) Fund all amounts that are contributed, after the coming into force of this Act, by Her Majesty in right of Saskatchewan pursuant to section 3.07 of the Framework Agreement; and

    • (c) credited to the Treaty Land Entitlement (Saskatchewan) Fund all amounts that are contributed by Her Majesty in right of Canada pursuant to section 3.08 of the Framework Agreement.

  • Marginal note:Payments out of Consolidated Revenue Fund

    (3) There shall, on the recommendation of the Minister, be paid out of the Consolidated Revenue Fund and charged to the Treaty Land Entitlement (Saskatchewan) Fund any amount that is required to be paid pursuant to the Framework Agreement.

  • Marginal note:Interest

    (4) There shall be credited to the Treaty Land Entitlement (Saskatchewan) Fund an amount that represents interest on the balance of the Fund, calculated in accordance with such terms and conditions and at such rates as the Minister of Finance, after considering any advice provided by the Minister, shall fix.

Marginal note:Amounts not Indian moneys

 For greater certainty, the following amounts are not Indian moneys within the meaning of the Indian Act:

  • (a) amounts that are paid into or out of the Treaty Land Entitlement (Saskatchewan) Fund pursuant to the Framework Agreement; and

  • (b) subject to section 6, amounts that are paid to or for the benefit of a band under the Framework Agreement or the Nekaneet band under the Nekaneet Agreement.

Marginal note:Amounts received before setting apart reserve

 Any amounts that are received by the Receiver General in respect of entitlement land that is held in the name of Her Majesty in right of Canada on behalf of a band or of the Nekaneet band, before the entitlement land is set apart as an entitlement reserve, are revenue moneys of the band or the Nekaneet band pursuant to the Indian Act.

Marginal note:Common law riparian rights

 Sections 6.04, 6.05 and 6.11 of the Framework Agreement and sections 6.04, 6.05 and 6.11 of the Nekaneet Agreement are hereby confirmed.

Marginal note:Authority of bands to enter into agreements

  •  (1) For the purposes of this Act and for greater certainty, a band and the Nekaneet band have the capacity to enter into

    • (a) subject to section 6.10 of the Framework Agreement or section 6.10 of the Nekaneet Agreement, a co-management agreement in respect of the matters referred to in sections 6.07, 6.08 and 6.09 of the Framework Agreement or sections 6.07, 6.08 and 6.09 of the Nekaneet Agreement; and

    • (b) an agreement in respect of the matters referred to in sections 9.01 and 11.10 of the Framework Agreement or sections 9.01 and 11.10 of the Nekaneet Agreement.

  • Marginal note:Agreement binding on band

    (2) For greater certainty, an agreement that is entered into under subsection (1) is binding, according to its terms, on a band or on the Nekaneet band and, where applicable, on the members of the band or of the Nekaneet band.

 [Repealed, 2018, c. 27, s. 679]

Marginal note:Authority respecting mineral revenues

 Where the ownership of mineral rights is transferred by Her Majesty in right of Saskatchewan in the manner set out in subsection 5.08(a) of the Framework Agreement or in subsection 5.08(a) of the Nekaneet Agreement, Her Majesty in right of Canada is authorized to receive, for the use and benefit of the band or the Nekaneet band, the mineral revenues and shall, on a direction from the council of the band or the council of the Nekaneet band, pay to Her Majesty in right of Saskatchewan the amounts that are referred to in subparagraph 5.08(a)(ii) of the Framework Agreement or subparagraph 5.08(a)(ii) of the Nekaneet Agreement.

Marginal note:Application of Act to Indian bands that have not signed the Framework Agreement

  • Footnote * (1) Where the Joseph Bighead band, the Onion Lake band, the Peter Ballantyne band or the Poundmaker band adheres to the Framework Agreement, this Act applies to that Indian band on the later of

    • (a) the day on which that Indian band adheres to the Framework Agreement, in accordance with its provisions, and

    • (b) the day on which this Act comes into force.

  • Marginal note:Application of Act to other agreements

    (2) Where an agreement is entered into with an Indian band of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, the Minister shall, having regard to subsection 9(4), cause a notice to be published in the Canada Gazette confirming the extent to which this Act applies to that agreement.

  • 1993, c. 11, s. 11
  • 2002, c. 3, s. 14
 
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