Indian Act Transition

Attention: this is very old content, revived mostly for historical interest. Many of the pages on this site are still useful, but please bear in mind that they may be out of date. (Especially, do not try to use contact information, phone numbers, etc. found on these pages unless you couldn't find anything more recent.)
See here for more information.


Contents Indian Act Transition	Overview This chapter sets out certain provisions of the Indian Act that will continue to apply for a transitional period after the effective date. It also describes the transition from the existing Nisga’a bands to the Nisga’a Villages, and from the Nisga’a Tribal Council to the Nisga’a Nation. In what circumstances will the Indian Act apply to Nisga’a citizens during the transitional period? The Indian Act will apply to the estates of Nisga’a citizens who die before the effective date and who were, at the time of their death, members of a Nisga’a band. The Minister of Indian Affairs will continue to have authority over the property of Nisga’a citizens who were “mentally incompetent Indians” within the meaning of the Indian Act immediately before the effective date. The Minister of Indian Affairs will continue to administer the property of infant children whose property the Minister was administering immediately before the effective date. What happens to Nisga’a band bylaws? They will continue to be in effect on Nisga’a Village Lands for 30 days after the effective date unless repealed by the Nisga’a Village Government. What happens to the Nisga’a bands and their assets? Subject to the Treaty, the four Nisga’a bands cease to exist and all of their rights, obligations, assets and liabilities vest in the Nisga’a Villages that replace them. What happens to Nisga’a Indian reserves within Nisga’a Lands? Nisga’a Lisims Government will designate lands that were formerly Nisga’a Indian reserves as Nisga’a Village Lands of the appropriate Nisga’a Village. What happens to the Nisga’a Tribal Council and its assets? Subject to the Treaty, the Nisga’a Tribal Council ceases to exist. All of its rights, obligations, assets and liabilities will be vested in the Nisga’a Nation.

Contents

Indian Act
Transition

Overview

This chapter sets out certain provisions of the Indian Act that will continue to apply for a transitional period after the effective date. It also describes the transition from the existing Nisga’a bands to the Nisga’a Villages, and from the Nisga’a Tribal Council to the Nisga’a Nation.

In what circumstances will the Indian Act apply to Nisga’a citizens during the transitional period?

The Indian Act will apply to the estates of Nisga’a citizens who die before the effective date and who were, at the time of their death, members of a Nisga’a band.

The Minister of Indian Affairs will continue to have authority over the property of Nisga’a citizens who were “mentally incompetent Indians” within the meaning of the Indian Act immediately before the effective date.

The Minister of Indian Affairs will continue to administer the property of infant children whose property the Minister was administering immediately before the effective date.

What happens to Nisga’a band bylaws?

They will continue to be in effect on Nisga’a Village Lands for 30 days after the effective date unless repealed by the Nisga’a Village Government.

What happens to the Nisga’a bands and their assets?

Subject to the Treaty, the four Nisga’a bands cease to exist and all of their rights, obligations, assets and liabilities vest in the Nisga’a Villages that replace them.

What happens to Nisga’a Indian reserves within Nisga’a Lands?

Nisga’a Lisims Government will designate lands that were formerly Nisga’a Indian reserves as Nisga’a Village Lands of the appropriate Nisga’a Village.

What happens to the Nisga’a Tribal Council and its assets?

Subject to the Treaty, the Nisga’a Tribal Council ceases to exist. All of its rights, obligations, assets and liabilities will be vested in the Nisga’a Nation.