Can anyone tell me how exactly Bill C45 affects the navigational waterways blah, blah, blah that is so contentious? I've quickly gone over the changes and there isn't anything major that I see. There are some "additions" to the Act and clarification as to "definitions" Along with additions, the document I read refers frequently to "existing legislation" so I'm lost as to what the complaint is. Perhaps someone can enlighten me?
206. Subsection 37(2) of the Indian Act is replaced by the following:
Other transactions
(2) Except where this Act otherwise provides, lands in a reserve shall not be leased nor an interest in them granted until they have been designated under subsection 38(2) by the band for whose use and benefit in common the reserve was set apart.
R.S., c. 17 (4th Supp.), s. 3
207. (1) The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:
Conditions — surrender
39. (1) An absolute surrender is void unless
R.S., c. 17 (4th Supp.), s. 3
(2) Subparagraph 39(1)(b)(ii) of the Act is replaced by the following:
(ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender, or
R.S., c. 17 (4th Supp.), s. 3
(3) Subsections 39(2) and (3) of the Act are replaced by the following:
Minister may call meeting or referendum
(2) If a majority of the electors of a band did not vote at a meeting or referendum called under subsection (1), the Minister may, if the proposed absolute surrender was assented to by a majority of the electors who did vote, call another meeting by giving 30 days’ notice of that other meeting or another referendum as provided in the regulations.
Assent of band
(3) If a meeting or referendum is called under subsection (2) and the proposed absolute surrender is assented to at the meeting or referendum by a majority of the electors voting, the surrender is deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.
R.S., c. 17 (4th Supp.), s. 4
208. Section 40 of the Act is replaced by the following:
Conditions — designation
39.1 A designation is valid if it is made to Her Majesty, is assented to by a majority of the electors of the band voting at a referendum held in accordance with the regulations, is recommended to the Minister by the council of the band and is accepted by the Minister.
Certification — surrender
40. A proposed absolute surrender that is assented to by the band in accordance with section 39 shall be certified on oath by the superintendent or other officer who attended the meeting and by the chief or a member of the council of the band and then submitted to the Governor in Council for acceptance or refusal.
Certification — designation
40.1 (1) A proposed designation that is assented to in accordance with section 39.1 shall be certified on oath by an officer of the Department and by the chief or a member of the council of the band.
Ministerial decision
(2) On the recommendation of the council of the band, the proposed designation shall be submitted to the Minister who may accept or reject it.
And here, I think, is where there is an objection to "Treaty Rights????" No where do I read here that decisions are being taken out of aboriginal hands, but hey, I could be wrong.
Oops, thought there'd be a break between my first post and 2nd. Sorry!
