Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
The Agreement between the Government of Canada and the Government of the Province of New Brunswick, set out in the Schedule, is ratified and confirmed, and it shall take effect according to its terms.
MEMORANDUM OF AGREEMENT MADE THIS 25TH DAY OF MARCH, 1958
BETWEEN
THE GOVERNMENT OF CANADA hereinafter referred to as “Canada”
OF THE FIRST PART;
AND
THE GOVERNMENT OF THE PROVINCE OF NEW BRUNSWICK hereinafter referred to as “New Brunswick”
OF THE SECOND PART.
WHEREAS since the enactment of the British North America Act, 1867, certain lands in the Province of New Brunswick set aside for Indians have been surrendered to the Crown by the Indians entitled thereto;
AND WHEREAS from time to time Letters Patent have been issued under the Great Seal of Canada purporting to convey said lands to various persons;
AND WHEREAS two decisions of the Judicial Committee of the Privy Council relating to Indian lands in the Provinces of Ontario and Quebec lead to the conclusion that said lands could only have been lawfully conveyed by authority of New Brunswick with the result that the grantees of said lands hold defective titles and are thereby occasioned hardship and inconvenience;
NOW THIS AGREEMENT WITNESSETH that the parties hereto, in order to settle all outstanding problems relating to Indian reserves in the Province of New Brunswick and to enable Canada to deal effectively in future with lands forming part of said reserves, have mutually agreed subject to the approval of the Parliament of Canada and the Legislature of the Province of New Brunswick as follows:
In this agreement, unless the context otherwise requires,
“Province” means the Province of New Brunswick;
“reserve lands” means those reserves in the Province referred to in the appendix to this agreement;
“patented lands” means those tracts of land in the Province in respect of which Canada accepted surrenders of their rights and interests therein from the Indians entitled to the use and occupation thereof and in respect of which grants were made by Letters Patent issued under the Great Seal of Canada;
“minerals” includes salt, oil, natural gas, infusorial earth, ochres or paints, the base of which is found in the soil, fire clays, carbonate of lime, sulphate of lime, gypsum, coal, bituminous shale, albertite and uranium, but not sand, gravel and marl;
“Indian Act” means the Indian Act, Revised Statutes of Canada 1952, cap. 149, as amended from time to time and includes any re-enactment, revision or consolidation thereof;
“surrender” means the surrender for sale of reserve lands or a portion thereof pursuant to the Indian Act but does not include a surrender of rights and interests in reserve lands for purposes other than sale; and
“public highways” means every road and bridge in reserve lands, constructed for public use by and at the expense of the Province or any municipality in the Province and in existence at the coming into force of this agreement.
All grants of patented lands are hereby confirmed except in so far as such grants purport to transfer to the grantees any minerals and said minerals are hereby acknowledged to be the property of the Province.
New Brunswick hereby transfers to Canada all rights and interests of the Province in reserve lands except lands lying under public highways, and minerals.
In the event that a band of Indians in the Province becomes extinct, Canada shall revest in the Province all the rights and interests transferred to it under this agreement in the reserve lands occupied by such band prior to its becoming extinct.
For the purposes of subparagraph (1) a band does not become extinct by enfranchisement.
The mining regulations made from time to time under the Indian Act apply to the prospecting for, mining of or other dealing in all minerals in unsurrendered reserve lands and all minerals reserved in the grants referred to in paragraph 2, and any payment made pursuant to such regulations whether by way of rent, royalty, or otherwise, shall be paid to the Receiver General of Canada for the use and benefit of the Indian band or Indians from whose reserve lands such monies are so derived.
Canada shall forthwith notify New Brunswick of any surrender and New Brunswick may within thirty days of receiving such notification elect to purchase the surrendered lands at a price to be agreed upon. Signed on behalf of the Government of Canada by The Honourable Davie Fulton, Acting Minister of Citizenship and Immigration in the presence of“E. D. FULTON”“Laval Fortier”Signed on behalf of the Government of the Province of New Brunswick by the Honourable Norman B. Buchanan, Minister of Lands and Mines in the presence of“NORMAN BUCHANAN”“W. W. McCormack”
If New Brunswick fails to elect within such thirty-day period, Canada may dispose of the surrendered lands without further reference to New Brunswick.
Where a surrender is made under the condition that the surrendered lands be sold to a named or designated person at a certain price or for a certain consideration, New Brunswick shall exercise its election subject to that price or consideration.
Subject to subparagraph (3) of this paragraph, should Canada and New Brunswick be unable, within thirty days of the date of an election to purchase being made, to reach agreement on the price to be paid by New Brunswick for any surrendered lands, the matter shall be referred to arbitrators as follows:
Canada and New Brunswick shall each appoint one arbitrator, and the two arbitrators so appointed shall appoint a third arbitrator;
the decision of the arbitrators as to the price to be paid by New Brunswick for the surrendered lands shall be final and conclusive; and
the costs of arbitration shall be borne equally by Canada and New Brunswick.
IN WITNESS WHEREOF the Honourable Davie Fulton, Acting Minister of Citizenship and Immigration, has hereunto set his hand on behalf of the Government of Canada and the Honourable Norman B. Buchanan, Minister of Lands and Mines, has hereunto set his hand on behalf of the Government of the Province of New Brunswick.
RESERVE NO. NAME OF RESERVE LOCATION OF RESERVE GLOUCESTER COUNTY 11 PABINEAU 13 POKEMOUCHE RESTIGOUCHE COUNTY 3 EEL RIVER MADAWASKA COUNTY 10 ST. BASILE (Edmundston) VICTORIA COUNTY 20 TOBIQUE CARLETON COUNTY 23 WOODSTOCK YORK COUNTY 6 KINGSCLEAR (French Village) ST. JOHN COUNTY 18 THE BROTHERS KENT COUNTY 15 RICHIBUCTO 16 BUCTOUCHE NORTHUMBERLAND COUNTY 1 INDIAN POINT 2 EEL GROUND 4 RED BANK 7 RED BANK 8 BIG HOLE TRACT 9 TABUSINTAC 14 BURNT CHURCH 12 RENOUS