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The Split Lake Cree Northern Flood Implementation Agreement, Water Power Amendment and Consequential Amendments Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1995, c. 16

The Split Lake Cree Northern Flood Implementation Agreement, Water Power Amendment and Consequential Amendments Act

(Assented to November 3, 1995)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1            In sections 1 and 2,

"Northern Flood Agreement" means the agreement dated December 16, 1977 and concluded between

(a) Her Majesty the Queen in right of Canada,

(b) Her Majesty the Queen in right of Manitoba,

(c) the Manitoba Hydro-Electric Board, and

(d) the Northern Flood Committee Inc.; (« Convention »)

"Settlement Agreement" means the Settlement Agreement dated June 24, 1992 and concluded between

(a) Her Majesty the Queen in right of Canada,

(b) Her Majesty the Queen in right of Manitoba,

(c) the Manitoba Hydro-Electric Board, and

(d) the Split Lake Cree First Nation,

pursuant to negotiations relating to the comprehensive implementation of the Northern Flood Agreement; (« accord de règlement »)

"Split Lake Cree First Nation" means the Split Lake Cree First Nation, also known as the Split Lake Indian Band, a band within the meaning of the Indian Act (Canada). (« première nation crie de Split Lake »)

Settlement of claims

2            All present and future rights of

(a) the Split Lake Cree First Nation, the council of the Split Lake Cree First Nation, a past, present or future member of the Split Lake Cree First Nation, and the estate of a member of the Split Lake Cree First Nation;

(b) a group, unincorporated association or corporation whose membership or shareholding is wholly or substantially comprised of members of the Split Lake Cree First Nation; and

(c) an unincorporated association or corporation established by the Split Lake Cree First Nation;

respecting any claim or matter in dispute under the Northern Flood Agreement shall be resolved in accordance with the Settlement Agreement and not in accordance with the Northern Flood Agreement, except where the Settlement Agreement otherwise provides.

C.C.S.M. c. W60 amended

3(1)         The Water Power Act is amended by this section.

3(2)         Subsection 6(2) is repealed.

3(3)         Clause 11(a) is amended by striking out ", subject to subsection 6(2),".

Ratification

4(1)         Any lease or other grant or conveyance to which subsection 6(2) of The Water Power Act applies before this Act comes into force and which did not receive prior approval or subsequent ratification by the Legislature is hereby ratified.

Validation

4(2)         Any act done under a lease or other grant or conveyance referred to in subsection (1) is not invalid by reason only that the lease or other grant or conveyance was not ratified before the coming into force of this Act, and no person may challenge any such lease or other grant or conveyance on the grounds that it was not ratified before the coming into force of this Act.

Consequential amendment, C.C.S.M. c. R30

5            Subsection 111(1) of The Real Property Act is amended by adding the following after clause (a):

(a.1) the inundation or storage of water; or

Coming into force

6            This Act comes into force on the day it receives royal assent.