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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 22nd day of April, 1999

Ian D. Izard, Law Clerk

BILL 51: NIS G A'A FINAL AGREEMENT ACT –

SCHEDULE

CHAPTER 13 OF 22

CHAPTER 13

INDIAN ACT TRANSITION

GENERAL

1. The Indian Act applies, with any modifications that

the circumstances require, to the estate of a Nis g a'a citizen who:

a. died testate or intestate before the effective date; and

b. at the time of death, was a member of the:

i. Gitlakdamix Indian Band,

ii. Gitwinksihlkw Indian Band,

iii. Lakalzap Indian Band, or

iv. Gingolx Indian Band.

2. Before the effective date, Canada will take reasonable steps

to:

a. notify in writing all members of the Nis g a'a Indian bands

that are referred to in paragraph 1 who have deposited wills with the Minister; and

b. provide information to persons who may be eligible for enrolment

under this Agreement

that their wills may not be valid after the effective date, and

that their wills should be reviewed to ensure validity under provincial laws.

Section 51 of the Indian Act applies, with any

modifications that the circumstances require, to the property and estate of a Nis g a'a

citizen:

a. who was a "mentally incompetent Indian" as defined in

the Indian Act immediately before the effective date; and

b. whose property and estate was under the authority of the Minister

under

section 51 of the Indian Act immediately before the effective date

until they are no longer a "mentally incompetent

Indian".

4. Sections 52, 52.2, 52.3, 52.4 and 52.5 of the Indian Act

apply, with any modifications that the circumstances require, to the administration of any

property to which a Nis g a'a citizen who is an infant child of an Indian is

entitled, if the Minister was administering that property under the Indian Act

immediately before the effective date, until the duties of the Minister in respect of the

administration have been discharged.

5. Nis g a'a Government will provide for participation in

Nis g a'a Public Institutions by individuals who are ordinarily resident within Nis g a'a

Lands, who are not Nis g a'a citizens, and who were members of the Indian bands

referred to in paragraph 1 on the date immediately before the effective date.

6. The means of participation under paragraph 5 will be:

a. a reasonable opportunity to make representations to a Nis g a'a

Public Institution;

b. the ability to vote for, or become a member of, a Nis g a'a

Public Institution if the members of the Nis g a'a Public Institution are elected; or

c. other comparable measures.

CONTINUATION OF INDIAN ACT

BY-LAWS

7. The by-laws of the Gitlakdamix, Gitwinksihlkw, Gingolx or

Lakalzap Indian Bands that were in effect immediately before the effective date, have

effect for 30 days after the effective date on the Nis g a'a Village Lands of the Nis g a'a

Village Government that replaces the band council that made the by-law.

8. The relationship between a by-law referred to in paragraph

7, and federal and provincial laws, will be governed by the provisions of this Agreement

governing the relationship between Nis g a'a laws and federal and provincial laws in

respect of the subject matter of the by-law.

9. The Nis g a'a Village Government replacing the band

council that made a by-law referred to in paragraph 7, may repeal, but not amend, that

by-law.

10. Nothing in this Agreement precludes a person from

challenging the validity of a by-law referred to in paragraph 7.

STATUS OF BANDS AND TRANSFER OF BAND ASSETS

11. Subject to this Agreement, on the effective date, all of

the rights, titles, interests, assets, obligations, and liabilities of:

a. the Gitlakdamix Indian Band vest in the Nis g a'a Village of

New Aiyansh;

b. the Gitwinksihlkw Indian Band vest in the Nis g a'a Village

of Gitwinksihlkw;

c. the Lakalzap Indian Band vest in the Nis g a'a Village of La x galt'sap;

and

d. the Gingolx Indian Band vest in the Nis g a'a Village of

Gingolx

and those Indian Bands cease to exist.

12. On the effective date, Nis g a'a Lisims Government

will designate the Nis g a'a Lands that were, before the effective date, Indian

reserves set aside for the use and benefit of:

a. the Gitlakdamix Indian Band, as Nis g a'a Village Lands of

New Aiyansh;

b. the Gitwinksihlkw Indian Band, as Nis g a'a Village Lands of

Gitwinksihlkw;

c. the Lakalzap Indian Band, as Nis g a'a Village Lands of La x galt'sap;

and

d. the Gingolx Indian Band, as Nis g a'a Village Lands of

Gingolx.

NIS G A'A TRIBAL COUNCIL

13. Subject to this Agreement, on the effective date, all of

the rights, titles, interests, assets, obligations, and liabilities of the Nis g a'a

Tribal Council vest in the Nis g a'a Nation, and the Nis g a'a Tribal Council

ceases to exist.

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