Kitsumkalum Agreement-in-Principle
CHAPTER 17 - INDIAN ACT TRANSITION
1.
2.
The Final Agreement will provide that the Indian Act applies after the Effective Date, 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 an Indian of the Kitsumkalum Band.
Before the Effective Date, Canada will take reasonable steps to:
a)
notify in writing all Indians of the Kitsumkalum Band who have deposited wills with the
Minister; and
b)
provide information to all Indians of the Kitsumkalum Band who have not deposited
wills with the Minister and to all individuals who may be eligible to be Enrolled under
the Final 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.
The Final Agreement will provide that section 51 of the Indian Act applies after the Effective
Date, with any modifications that the circumstances require to the property and estate of an
individual whose property was administered under section 51 of the Indian Act immediately
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
Kitsumkalum Member:
5.
a)
who executed a will in a form that complies with subsection 45(2) of the Indian Act
before Effective Date;
b)
whose property was administered under section 51 of the Indian Act immediately 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.
Sections 52 and 52.2 to 52.5 of the Indian Act apply, with any modifications that the
circumstances require, where immediately before the Effective Date the Minister was
administering property under the Indian Act to which an individual who is the infant child of an
Indian is entitled, until the duties of the Minister in respect of the property have been
discharged.
Continuation of Indian Act Bylaws and Land Code
6.
Before the Final Agreement, the Parties will agree to a period of time for the bylaws of the
Kitsumkalum Band that were in effect immediately before the Effective Date to have effect
after the Effective Date on Kitsumkalum Lands.
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