CHAPTER 17 – TRANSITION

ESTATES

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 Sliammon Indian Band.

2.  Before the Effective Date, Canada will take reasonable steps to:

a. notify in writing all members of the Sliammon Indian Band who have deposited wills with the Minister; and

b. provide information to all members of the Sliammon Indian 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.

3.  Section 51 of the Indian Act applies, with any modifications that the circumstances require, to the property of a Tla’amin Citizen whose property was administered under section 51 of the Indian Act on the day before the Effective Date, until that individual is declared to be no longer incapable under the Patients Property Act.

4.  The Indian Act applies, with any modifications that the circumstances require, to the estate of a Tla’amin Citizen:

a. who executed a will in the 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 on the day 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.

5.  Sections 52 and 52.2 to 52.5 of the Indian Act apply, with any modifications that the circumstances require, to the administration of any property to which a Tla’amin Citizen who is a Child of an Indian is entitled, where the Minister was administering that property under the Indian Act on the day before the Effective Date, until the duties of the Minister in respect of the administration have been discharged.

CONTINUATION OF INDIAN ACT BYLAWS AND
SLIAMMON FIRST NATION LAND CODE

6.  The bylaws of the Sliammon Indian Band, the Sliammon First Nation Land Code and any law made under the Sliammon First Nation Land Code, that were in effect on the day before the Effective Date, continue in effect for 90 days after the Effective Date on Former Sliammon Indian Reserves.

7.  As of the Effective Date, the relationship between an enactment referred to in paragraph 6 and a Federal or Provincial Law will be governed by the provisions of this Agreement governing the relationship between Tla’amin Law and Federal or Provincial Law in relation to the subject matter of the enactment.

8.  The Tla’amin Nation may repeal, but not amend, an enactment referred to in paragraph 6.

9.  Nothing in this Agreement precludes a person from challenging the validity of an enactment referred to in paragraph 6.

CONTINUATION OF SLIAMMON COMMUNITY
IMPROVEMENT FEE

10.  The Sliammon First Nation Tobacco and Fuel Products Community Improvement Fee By-Law, 1999 and the Sales Tax Collection Agreement continue to apply in respect of Former Sliammon Indian Reserves as if the Tla’amin Nation were still an Indian Band, until the earlier of:

a. the first day of the first month after the eighth anniversary of the Effective Date; or

b. the date on which the Sales Tax Collection Agreement is terminated.

STATUS OF INDIAN BAND AND TRANSFER
OF INDIAN BAND ASSETS

11.  On the Effective Date, all of the rights, titles, interests, assets, obligations and liabilities of the Sliammon Indian Band vest in the Tla’amin Nation, and the Sliammon Indian Band ceases to exist.

12.  All moneys held by Canada pursuant to the Indian Act for the use and benefit of the Sliammon Indian Band, including capital and revenue moneys of the Band, will be transferred by Canada to the Tla’amin Nation as soon as practicable after the Effective Date.

13.  Upon transfer of the moneys referred to in paragraph 12, Canada will no longer be responsible for the collection of moneys payable:

a. to or for the benefit of the Tla’amin Nation; or

b. except as provided in paragraphs 1 and 3 to 5, to or for the benefit of a Tla’amin Citizen.

14.  For greater certainty, Canada will not be liable for any errors or omissions in the administration of all moneys held by the Tla’amin Nation for the use and benefit of the Tla’amin Nation that occur subsequent to the transfer of capital and revenue moneys of the Sliammon Indian Band from Canada to the Tla’amin Nation.

[ Previous | Next ]