Common use of Specific Principles for Selection or Acquisition of Land in a Northern Community Clause in Contracts

Specific Principles for Selection or Acquisition of Land in a Northern Community. (1) Subject to Subsection (2), an Entitlement First Nation may Select or Acquire land in a Northern Community, provided: (a) the Entitlement First Nation gives Canada, Manitoba and the Northern Community notice in writing of the intention of the Entitlement First Nation to Select or Acquire the land; and (b) consultation about the Selection or Acquisition and the intent of the Entitlement First Nation to request that the land be set apart as Reserve by Canada has first occurred with the community council, the local committee or the incorporated community council (as the case may be) of the Northern Community. (2) Where the intent of an Entitlement First Nation is ultimately to have all or substantially all of the land in the Northern Community set apart as Reserve, the Entitlement First Nation may not Select or Acquire land in that Northern Community until Canada, Manitoba and the Entitlement First Nation have entered into an agreement which addresses: (a) the timing of the Selection or Acquisition of land and the subsequent setting apart of the land as Reserve; (b) the transfer and operation of capital infrastructure and related costs; (c) the ongoing provision of social and public services to Members of the Entitlement First Nation and other persons ordinarily resident in the Northern Community and related costs; and (d) other matters of the nature which may be addressed by a Municipal Development and Services Agreement if the land was located in a Municipality. (3) Where the intent and purpose of the Selection or Acquisition in a Northern Community is not ultimately to have all or substantially all of a Northern Community set apart as Reserve, Section 3.07 shall apply with necessary modifications. (4) For the purposes of Subsections (2) and (3), the intent of an Entitlement First Nation shall be deemed to be ultimately to have all or substantially all of the land in the Northern Community set apart as Reserve where: (a) the Entitlement First Nation has declared by Council Resolution that its intent is ultimately to have all or substantially all of the land in the Northern Community set apart as Reserve; or (b) the Selection or Acquisition of the land, whether by itself or in combination with other Selections or Acquisitions of land by the Entitlement First Nation, would result in more than 25 per cent of the area comprising the Northern Community being set apart as Reserve for the Entitlement First Nation. (5) The parties may develop Agreed Forms of agreements of the nature referred to in Subsection (2) or a checklist of items to be addressed in those agreements. (6) Where land is Selected by an Entitlement First Nation within eight kilometers of the boundary of a Northern Community, Manitoba will not confirm whether the Selection is eligible to be set apart as Reserve in accordance with the Principles until the Minister of Northern Affairs of Manitoba has consulted with the community council, the local committee or the incorporated community council (as the case may be) in accordance with subsection 9(2) of The Northern Affairs Act, which consultation shall be undertaken forthwith upon Canada providing to Manitoba the documents referred to in Subsection 6.02(4).

Specific Principles for Selection or Acquisition of Land in a Northern Community. (1) Subject to Subsection (2), an Entitlement First Nation may Select or Acquire land in a Northern Community, provided: (a) the Entitlement First Nation gives Canada, Manitoba and the Northern Community notice in writing of the intention of the Entitlement First Nation to Select or Acquire the land; and (b) consultation about the Selection or Acquisition and the intent of the Entitlement First Nation to request that the land be set apart as Reserve by Canada has first occurred with the community council, the local committee or the incorporated community council (as the case may be) of the Northern Community. (2) Where the intent of an Entitlement First Nation is ultimately to have all or substantially all of the land in the Northern Community set apart as Reserve, the Entitlement First Nation may not Select or Acquire land in that Northern Community until Canada, Manitoba and the Entitlement First Nation have entered into an agreement which addresses: (a) the timing of the Selection or Acquisition of land and the subsequent setting apart of the land as Reserve; (b) the transfer and operation of capital infrastructure and related costs; (c) the ongoing provision of social and public services to Members of the Entitlement First Nation and other persons ordinarily resident in the Northern Community and related costs; and (d) other matters of the nature which may be addressed by a Municipal Development and Services Agreement if the land was located in a Municipality. (3) Where the intent and purpose of the Selection or Acquisition in a Northern Community is not ultimately to have all or substantially all of a Northern Community set apart as Reserve, Section 3.07 shall apply with necessary modifications. (4) For the purposes of Subsections (2) and (3), the intent of an Entitlement First Nation shall be deemed to be ultimately to have all or substantially all of the land in the Northern Community set apart as Reserve where: (a) the Entitlement First Nation has declared by Council Resolution that its intent is ultimately to have all or substantially all of the land in the Northern Community set apart as Reserve; or (b) the Selection or Acquisition of the land, whether by itself or in combination with other Selections or Acquisitions of land by the Entitlement First Nation, would result in more than 25 per cent of the area comprising the Northern Community being set apart as Reserve for the Entitlement First Nation. (5) The parties may develop Agreed Forms of agreements of the nature referred to in Subsection (2) or a checklist of items to be addressed in those agreements. (6) Where land is Selected by an Entitlement First Nation within eight kilometers kilometres of the boundary of a Northern Community, Manitoba will not confirm whether the Selection is eligible to be set apart as Reserve in accordance with the Principles until the Minister of Northern Affairs of Manitoba has consulted with the community council, the local committee or the incorporated community council (as the case may be) in accordance with subsection 9(2) of The Northern Affairs Act, which consultation shall be undertaken forthwith upon Canada providing to Manitoba the documents referred to in Subsection subsection 6.02(4).