The Indian Act Clause Samples

The Indian Act clause defines the application or relevance of the Canadian federal legislation known as the Indian Act within the context of the agreement. Typically, such a clause clarifies whether the rights, obligations, or status of Indigenous peoples or lands governed by the Indian Act are affected or preserved by the contract. For example, it may specify that nothing in the agreement overrides or diminishes protections or entitlements provided under the Indian Act. The core function of this clause is to ensure legal clarity and prevent conflicts between the agreement and the statutory rights or restrictions established by the Indian Act.
The Indian Act. (Canada) shall cease to apply to the ▇▇▇▇▇▇▇ Reserve and this Agreement shall apply to the ▇▇▇▇▇▇▇ Reserve as if it were Settlement Land.
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The Indian Act. Without question, this legislation [the Indian Act] struck at the heart of what was most sacred to West Coast societies. In so doing, it put in question the very survival of these nations…27 The application of the federally legislated Indian Act has had enormous implications for the First peoples. The Act was the cause of many significant losses to First Nations people including: the loss of land (made it illegal to fight land claims); loss of membership and Indian Status (marriage of a First Nations woman to a non-“Indian” man); loss of children (residential school); and loss of traditional government structures. Aboriginal women have been particularly impacted by application of the Indian Act. It has contributed to the erosion of their traditional roles as First Nations citizens/mothers and women. The membership provisions in the Indian Act have had and continue to have an enormous impact on Aboriginal women. The Act defined, and still defines, who is recognized as an “Indian”, when an Aboriginal woman married a non-“Indian” man she lost her “Indian Status” and membership in her community. Many women suffered the loss of culture, loss of membership in community, loss of family, as well as the loss of living in their traditional territories. The 1985 amendments to the membership provisions of the Indian Act (▇▇▇▇ C-31) have remedied the situation for some women, but many women (and their children) continue to be denied status. Others, who may have been successfully reinstated, have not had their children recognized as “Indians” and have had difficulty returning to their home communities because of a lack of housing and discrimination against them as “▇▇▇▇ C-31 Indians”. Furthermore, Aboriginal women living on reserve continue to be treated differentially upon the dissolution of marriage than women living off reserve. This was identified by the United Nations Committee on Economic, Social and Cultural Rights:
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The Indian Act. What it is Framework Agreement on First Nations Land TIMELINE Expansion 14 First Nations The FA is an Economic Development Success Story
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The Indian Act. (Canada) shall cease to apply to the Former Carcross Indian Reserve No. 4 and this Agreement shall apply to the Former Carcross Indian Reserve No. 4 as if it were Settlement Land.
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The Indian Act. (Canada) shall determine whether a Gwich’in is an Indian within the meaning of that Act.
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Related to The Indian Act

  • Personal Property Securities Act The Customer acknowledges that under the Contract the Customer grants a Security Interest(s) to the Company, including but not limited to, the lien in Clause 6. The Customer acknowledges that the Contract constitutes a Security Agreement for the purposes of the PPS Act. The Guarantor acknowledges that under the Guarantee the Guarantor grants a Security Interest(s) to the Company, including (without limitation) a charge over all its property. The Guarantor acknowledges that the Guarantee constitutes a Security Agreement for the purposes of the PPS Act. If there is a Security Interest in favour of the Customer or the Guarantor and the Customer or the Guarantor proposes to register the Security Interest under the PPS Act, the Customer or the Guarantor (as applicable) must give the Company written notice prior to the registration that the Customer or the Guarantor (as applicable) proposes to register the Security Interest. The Customer and the Guarantor will do anything reasonably required by the Company to enable the Company to register its Security Interests, with the priority the Company requires, and to maintain the registration. The Security Interests arising under the Contract or the Guarantee attach to the Collateral in accordance with section 19(2) of the PPS Act and the parties confirm that they have not agreed that any Security Interest arising under the Contract or the Guarantee attaches at any later time. The Customer and the Guarantor each acknowledge that the Company may perfect its Security Interests by lodging a Financing Statement on the Personal Property Securities Register. To the extent that any of the enforcement provisions of Chapter 4 of the PPS Act apply to the Security Interests created under or referred to in the Contract or the Guarantee, the following provisions of the PPS Act will not apply: (i) section 95 (notice of removal of accession), to the extent that it requires the secured party to give a notice to the grantor; (ii) subsection 121(4) (enforcement of liquid assets – notice to grantor); (iii) section 130 (notice of disposal), to the extent that it requires the secured party to give the grantor a notice; (iv) paragraph 132(3)(d) (contents of statement of account after disposal); (v) subsection 132(4) (statement of account if no disposal); (vi) section 135 (notice of retention); (vii) section 142 (redemption of collateral); and (viii) section 143 (reinstatement of security agreement). The Company does not need to give the Customer or the Guarantor any notice under the PPS Act (including a notice of a Verification Statement) unless the notice is required by the PPS Act and that requirement cannot be excluded. The parties agree that neither party will disclose to an “interested person” (as defined in section 275(9) of the PPS Act) or any other person, any information of the kind described in section 275(1) of the PPS Act. The Customer and the Guarantor will not authorise the disclosure of any information of the kind described in section 275(1) of the PPS Act.

  • Export Laws The Software, including Documentation, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee will comply strictly with all regulations and has the responsibility to obtain any licenses required to export, re-export, or import Software or Documentation.

  • Iran Contracting Act If the Contract Amount is $1,000,000 or more and Contractor did not provide to JBE an Iran Contracting Act certification as part of the solicitation process, this section is applicable. Contractor certifies either (i) it is not on the current list of persons engaged in investment activities in Iran (“Iran List”) created by the California Department of General Services pursuant to PCC 2203(b), and is not a financial institution extending $20,000,000 or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the Iran List, or (ii) it has received written permission from the JBE to enter into this Agreement pursuant to PCC 2203(c).

  • Labour Laws (a) The Contractor shall obtain all relevant labour registrations and comply with all relevant labour laws applying to its employees, and shall duly pay them and afford to them all their legal rights. (b) The Contractor shall make all deductions of tax at source and all contributions to the Payment of Gratuity, Provident Fund (including Employees’ contribution) and Employees’ State Insurance Scheme as may be required by Applicable Laws and deposit the aforesaid contributed amount with the appropriate authority/(s). (c) The Contractor shall require all personnel engaged in the Works to obey all Applicable Laws and regulations. The Contractor shall permit Authority to witness labour payments for the Contractors direct labour, or the Subcontractors labour. The Contractor shall ensure that all its Subcontractors strictly comply with all labour laws. (d) Documentary evidence confirming compliance with Sub-Clause 12.4, as may be required from time to time, shall be provided to the Employer’s Representative. (e) The Employer shall not be liable for any delay/default of the Contractor in compliance of the labour laws.

  • ▇▇▇▇▇ Act Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C.