The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 2nd day of June, 2011
Ian D. Izard, Q.C., Law Clerk
CHAPTER 22 INDIAN ACT TRANSITION
| 22.1 | ESTATES |
| 22.2 | CONTINUATION OF INDIAN ACT BY-LAWS |
| 22.3 | STATUS OF BANDS AND TRANSFER OF BAND ASSETS |
| 22.4 | TRANSFER OF CAPITAL AND REVENUE MONEYS |
22.1.1 The Indian Act applies, with any modifications that the circumstances require, to the estate of an individual who:
a. died testate or intestate before the Effective Date; and
b. at the time of death, was a member of the Yale Band.
22.1.2 Before the Effective Date, Canada will take reasonable steps to:
a. notify in writing all members of the Yale Band who have deposited wills with the Minister; and
b. provide information to all members of the Yale Band who have not deposited wills with the Minister and to all individuals who are eligible to be enrolled 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.
22.1.3 Section 51 of the Indian Act applies, with any modifications that the circumstances require, to the property of a Yale First Nation Member whose property was administered under section 51 of the Indian Act immediately before the Effective Date, until that individual is declared to be no longer incapable under the Patients Property Act.
22.1.4 The Indian Act applies, with any modifications that the circumstances require, to the estate of a Yale First Nation Member:
a. who executed a will in a form that complies with subsection 45(2) of the Indian Act before the Effective Date;
b. whose property was administered under section 51 of the Indian Act immediately before the Effective Date and at the time of death; and
c. who did not execute a will that complies with the requirements as to form and execution under Provincial Law during a period after the Effective Date in which that individual was declared to be no longer incapable under the Patients Property Act.
22.1.5 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 Yale First Nation Member who is a Child 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.
22.2.1 The laws and by-laws of the Yale Band under the Indian Act that were in effect on the day before the Effective Date, continue to have effect for 30 days after the Effective Date on those parcels of Yale First Nation Land that comprised the Former Indian Reserves.
22.2.2 The relationship between a by-law referred to in 22.2.1 and Federal or Provincial Law is governed by the provisions of this Agreement that govern the relationship between Federal or Provincial Law and Yale First Nation Law in respect of the subject matter of the by-law.
22.2.3 Yale First Nation Government may repeal, but not amend, a by-law referred to in 22.2.1.
22.2.4 Nothing in this Agreement precludes a person from challenging the validity of a by-law referred to in 22.2.1.
22.3.1 On the Effective Date all of the rights, titles, interests, assets, obligations and liabilities of the Yale Band vest in Yale First Nation and the Yale Band ceases to exist.
22.4.1 All moneys held by Canada pursuant to the Indian Act for the use and benefit of the Yale Band, including capital and revenue moneys of the Yale Band, will be transferred by Canada to Yale First Nation as soon as practicable after the Effective Date.
22.4.2 Upon transfer of the moneys referred to in section 22.4.1, Canada will no longer thereafter be responsible for the collection of moneys payable:
a. to or for the benefit of Yale First Nation; or
b. except as provided in section 22.1.1, 22.1.3 , 22.1.4, and 22.1.5, to or for the benefit of a Yale First Nation Member.
22.4.3 For greater certainty, Canada will not be liable for any errors or omissions in the administration of all moneys held by Yale First Nation for the use and benefit of Yale First Nation that occur subsequent to the transfer of capital and revenue moneys of the Yale Band from Canada to Yale First Nation.