Find out about The New Relationship

Chapter 13 - Indian Act Transition

GENERAL

  1. The
    Indian Act
    applies, with any modifications that the circumstances require, to the estate of a Nisga'a citizen who:

    1. died testate or intestate before the effective date; and

    2. at the time of death, was a member of the:

      1. Gitlakdamix Indian Band,

      2. Gitwinksihlkw Indian Band,

      3. Lakalzap Indian Band, or

      4. Gingolx Indian Band.

  2. Before the effective date, Canada will take reasonable steps to:

    1. notify in writing all members of the Nisga'a Indian bands that are referred to in paragraph 1 who have deposited wills with the Minister; and

    2. provide information to persons 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 laws.

  3. Section 51 of the Indian Act applies, with any modifications that the circumstances require, to the property and estate of a Nisga'a citizen:

    1. who was a "mentally incompetent Indian" as defined in the Indian Act immediately before the effective date; and

    2. whose property and estate was under the authority of the Minister under section 51 of the Indian Act immediately before the effective date

    until they are no longer a "mentally incompetent Indian".

  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 a Nisga'a citizen who is an infant child of an Indian 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.

  5. Nisga'a Government will provide for participation in Nisga'a Public Institutions by individuals who are ordinarily resident within Nisga'a Lands, who are not Nisga'a citizens, and who were members of the Indian bands referred to in paragraph 1 on the date immediately before the effective date.

  6. The means of participation under paragraph 5 will be:

    1. a reasonable opportunity to make representations to a Nisga'a Public Institution;

    2. the ability to vote for, or become a member of, a Nisga'a Public Institution if the members of the Nisga'a Public Institution are elected; or

    3. other comparable measures.

CONTINUATION OF INDIAN ACT BY-LAWS

  1. The by-laws of the Gitlakdamix, Gitwinksihlkw, Gingolx or Lakalzap Indian Bands that were in effect immediately before the effective date, have effect for 30 days after the effective date on the Nisga'a Village Lands of the Nisga'a Village Government that replaces the band council that made the by-law.

  2. The relationship between a by-law referred to in paragraph 7, and federal and provincial laws, will be governed by the provisions of this Agreement governing the relationship between Nisga'a laws and federal and provincial laws in respect of the subject matter of the by-law.

  3. The Nisga'a Village Government replacing the band council that made a by-law referred to in paragraph 7, may repeal, but not amend, that by-law.

  4. Nothing in this Agreement precludes a person from challenging the validity of a by-law referred to in paragraph 7.

STATUS OF BANDS AND TRANSFER OF BAND ASSETS

  1. Subject to this Agreement, on the effective date, all of the rights, titles, interests, assets, obligations, and liabilities of:

    1. the Gitlakdamix Indian Band vest in the Nisga'a Village of New Aiyansh;

    2. the Gitwinksihlkw Indian Band vest in the Nisga'a Village of Gitwinksihlkw;

    3. the Lakalzap Indian Band vest in the Nisga'a Village of Laxgalt'sap; and

    4. the Gingolx Indian Band vest in the Nisga'a Village of Gingolx

    and those Indian Bands cease to exist.

  2. On the effective date, Nisga'a Lisims Government will designate the Nisga'a Lands that were, before the effective date, Indian reserves set aside for the use and benefit of:

    1. the Gitlakdamix Indian Band, as Nisga'a Village Lands of New Aiyansh;

    2. the Gitwinksihlkw Indian Band, as Nisga'a Village Lands of Gitwinksihlkw;

    3. the Lakalzap Indian Band, as Nisga'a Village Lands of Laxgalt'sap; and

    4. the Gingolx Indian Band, as Nisga'a Village Lands of Gingolx.

NISGA'A TRIBAL COUNCIL

  1. Subject to this Agreement, on the effective date, all of the rights, titles, interests, assets, obligations, and liabilities of the Nisga'a Tribal Council vest in the Nisga'a Nation, and the Nisga'a Tribal Council ceases to exist.