Saskatchewan Treaty Land Entitlement Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections45

• 1Short title

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

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]

  band means

• 2(1)[p3](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,

• 2(1)[p3](b)

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

• 2(1)[p3](c)

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

• 2(1)[p7]

  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)

• 2(1)[p8]

  Minister means the Minister of Indigenous Services; (ministre)

• 2(1)[p9]

  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)

• 2(1)[p10]

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

• 2(1)[p11]

  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)

• 2(2)Definitions

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

• 3Confirmation of NRTA Amendment Agreement
• 3(1)

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

• 3(2)Confirmation of other agreements

  If, either before or after the coming into force of this subsection, 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.

• 3(2)(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

• 3(2)(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,

• 4Account to be established
• 4(1)

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

• 4*(2)Credits to Fund

  There shall be

• 4*(2)(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;

• 4*(2)(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

• 4*(2)(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. [Note: Act in force on assent March 30, 1993.]

• 4(3)Payments out of Consolidated Revenue Fund

  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.

• 4(4)Interest

  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.

• 5Amounts not Indian moneys

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

• 5(a)

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

• 5(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.

• 6Amounts 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.

• 7Common 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.

• 8Authority of bands to enter into agreements
• 8(1)

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

• 8(1)(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

• 8(1)(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.

• 8(2)Agreement binding on band

  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.

• 9Repealed

  [Repealed, 2018, c. 27, s. 679]

• 10Authority 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.

• *11Application of Act to Indian bands that have not signed the Framework Agreement
• *11(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

• *11(1)(a)

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

• *11(1)(b)

  the day on which this Act comes into force. [Note: Act in force on assent March 30, 1993.]

• *11(2)Application of Act to other agreements

  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.

• [p43]
• (3)Other reference to Minister

  Unless the context requires otherwise, the reference to the “Minister” is to be read as a reference to the “Minister of Indigenous Services” in subsection 11(2) of the Saskatchewan Treaty Land Entitlement Act.