CHAPTER 15 – INDIAN ACT TRANSITION

15.1.0  ESTATES

15.1.1  The Indian Act applies, with any modifications that the circumstances require, to the property and estate of an individual who:

a. died testate or intestate before the Effective Date; and

b. at the time of death, was an Indian of a Maa‑nulth Indian Band.

15.1.2  Before the Effective Date, Canada will take reasonable steps to:

a. notify in writing all Indians of the Maa‑nulth Indian Bands who have deposited wills with the Minister; and

b. provide information to all Indians of the Maa‑nulth Indian Bands who have not deposited wills with the Minister and to all individuals 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 Law.

15.1.3  Section 51 of the Indian Act applies, with any modifications that the circumstances require, to the property and estate of an individual:

a. who was a "mentally incompetent Indian" as defined in the Indian Act immediately before the Effective Date;

b. whose property and estate were under the authority of the Minister under section 51 of the Indian Act immediately before the Effective Date; and

c. who was an Indian of a Maa‑nulth Indian Band immediately before the Effective Date,

until that individual is no longer a "mentally incompetent Indian".

15.1.4  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 an individual who is an infant child of an Indian of a Maa‑nulth Indian Band 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.

15.2.0  CONTINUATION OF INDIAN ACT BY-LAWS

15.2.1  The by-laws of each Maa‑nulth Indian Band that were in effect immediately before the Effective Date have effect for six months after the Effective Date on the Maa‑nulth First Nation Lands of the applicable Maa‑nulth First Nation.

15.2.2  The relationship between a by-law referred to in 15.2.1 and Federal Law or Provincial Law is governed by the provisions of this Agreement governing the relationship between Maa‑nulth First Nation Law and Federal Law or Provincial Law in respect of the subject matter of the by-law.

15.2.3  The Maa‑nulth First Nation Government replacing the band council that made a by-law referred to in 15.2.1 may repeal, but not amend, that by-law.

15.2.4  Nothing in this Agreement precludes a person from challenging the validity of a by-law referred to in 15.2.1.

15.3.0  STATUS OF BANDS AND TRANSFER OF BAND ASSESTS

15.3.1  Subject to the provisions of this Agreement, on the Effective Date, all of the rights, titles, interests, assets, obligations and liabilities of:

a. Huu‑ay‑aht First Nation vest in Huu‑ay‑aht First Nations;

b. Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations vest in Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations;

c. Toquaht Band vest in Toquaht Nation;

d. Uchucklesaht Band vest in Uchucklesaht Tribe; and

e. Ucluelet First Nation vest in Ucluelet First Nation,

and the Maa‑nulth Indian Bands cease to exist.

[ Previous | Next ]