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Volume 54, No. 6

B.C. Reg. 55/2011

The British Columbia Gazette,

Part II

April 5, 2011

B.C. Reg. 55/2011 , deposited March 25, 2011, pursuant to the MAA-NULTH FIRST NATIONS FINAL AGREEMENT ACT [Section 18]. Order in Council 84/2011, approved and ordered March 24, 2011.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective on the date the Maa-nulth First Nations Final Agreement comes into effect, the attached Maa-nulth First Nations Final Agreement Interim Regulation is made.

— M. POLAK, Minister of Aboriginal Relations and Reconciliation ; I. CHONG, Presiding Member of the Executive Council .

MAA-NULTH FIRST NATIONS FINAL AGREEMENT INTERIM REGULATION

Contents

Definition

Correction to

section 13.1 of Act

Repeal and replacement of

section 11 of the Act

Definition of tax treatment agreement in tax Acts

Treaty lands free of conditions, provisos, restrictions, exceptions and reservations

Definition

1 In this regulation, "Act" means the Maa-nulth First Nations Final Agreement Act .

Correction to

section 13.1 of Act

2 The reference in

section 13.1 (3) of the Act to " subsection (2) " is conclusively deemed to be a reference to " subsection (1) ".

Repeal and replacement of

section 11 of the Act

Section 11 of the Act is deemed repealed and the following substituted:

Tax Treatment Agreement

(1) In this section, "Tax Treatment Agreement" means the tax treatment agreement referred to in sections 19.6.1 and 19.6.2 of

Chapter 19 [Taxation] of the Maa-nulth First Nations Final Agreement, that

(

a) is substantially in the form approved by the Lieutenant Governor in Council, and

(

b) has been signed by the parties and published by the minister in the Gazette,

and includes an amendment to the tax treatment agreement made in accordance with the terms of the tax treatment agreement if the amending agreement setting out the amendment satisfies both paragraphs (

a) and (b).

(2) The Tax Treatment Agreement is given effect and declared valid and its provisions have the force of law during the period they are in effect.

(3) The minister charged with the administration of the Financial Administration Act is authorized to enter into the agreement referred in

section 19.6.1 and 19.6.2 of

Chapter 19 [Taxation] of the Maa-nulth First Nations Final Agreement, or an agreement amending the Tax Treatment Agreement, and may sign the agreement or amending agreement before or after it has been approved by the Lieutenant Governor in Council.

(4) As provided in

section 1.15.2 of

Chapter 1 [General Provisions] of the Maa-nulth First Nations Final Agreement, the Tax Treatment Agreement does not form part of the Maa-nulth First Nations Final Agreement and is not a treaty or land claims agreement within the meaning of

section 25 or 35 of the Constitution Act, 1982 .

Definition of tax treatment agreement in tax Acts

4 Despite the definition of "tax treatment agreement" in subsection (1) of each of the following provisions:

(

a) section 32 of the Consumption Tax Rebate and Transition Act ;

(

b) section 3.2 of the Mineral Land Tax Act ;

(

c) section 2.11 of the Mineral Tax Act ;

(

d) section 20.101 of the Motor Fuel Tax Act ;

(

e) section 80.2 of the Petroleum and Natural Gas Act ;

(

f) section 2.2 of the Property Transfer Tax Act;

for the purposes of the application of those provisions in relation to the tax treatment agreement under the Maa-nulth First Nations Final Agreement, "tax treatment agreement" has the same meaning as "Tax Treatment Agreement" in

section 11 (1) of the Act.

Treaty lands free of conditions, provisos, restrictions, exceptions and reservations

(1) Despite

section 9 of the Ministry of Lands, Parks and Housing Act ,

section 50 of the Land Act and anything to the contrary in the records of the land title office, when confirmation is provided under

section 2.10.24 of the Maa-nulth First Nations Final Agreement that any of the following lands are to be added to the Maa-nulth First Nation Lands of the Uchucklesaht Tribe, the interest of the Uchucklesaht Tribe in the land to which the confirmation relates is not subject to any condition, proviso, restriction, exception or reservation under the Land Act :

(

a) PID 009-058-826 Lot 13 Block 88

Section 78 Clayoquot District Plan 429;

(

b) PID 009-058-931 Lot 12 Block 91

Section 78 Clayoquot District Plan 429;

(

c) PID 009-058-991 Lot 13 Block 91

Section 78 Clayoquot District Plan 429;

(

d) PID 009-058-851 Lot 14 Block 88

Section 78 Clayoquot District Plan 429.

(2) Despite

section 9 of the Ministry of Lands, Parks and Housing Act and

section 50 of the Land Act , the transfer to the Toquaht Nation of the land shown as Excluded Crown Corridor from Site 1 District Lot 804, and labeled Ittatsoo Creek Road, on Appendix B-3,

Part 2 (a), Stuart Bay, Plan 1 of the Appendices to the Act, is not subject to

section 50 of the Land Act and on and after the date of the transfer, the Toquaht Nation's interest in the land is not subject to any condition, proviso, restriction, exception or reservation under the Land Act .

(3) Despite

section 9 of the Ministry of Lands, Parks and Housing Act,

section 50 of the Land Act and anything to the contrary in the records of the land title office, the transfer to the Ucluelet First Nation of the land shown as Excluded Crown Corridor from Lot 1 District Lot 795 Plan 2971, District Lot 804 and District Lot 340, and labeled as Ittatsoo Creek Road, on Appendix B-5,

Part 2 (a), Ittatsoo South, Plan 3 of the Appendices to the Act, is not subject to

section 50 of the Land Act , and on and after the date of the transfer, the Ucluelet First Nation's interest in the land is not subject to any condition, proviso, restriction, exception or reservation under the Land Act .

(4) Subsections (2) and (3) do not apply if, before the land transfer occurs, the applicable Maa-nulth First Nation gives notice under

section 7.3.2 of the Maa-nulth First Nations Final Agreement that the transferred land is not to be added to its Maa-nulth First Nation Lands.

(5) Section 54 (1) of the Land Act does not apply in respect of a transfer of land referred to in subsections (1), (2) or (3).

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