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Order in Council 911/1923

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Order in Council 911/1923 911 . C Approved and ordered this (0 day of < , A.D. 19)-- ' Litattnant-Governor. At the Executive Council Chamber, Victoria, PRESENT: The Honourable Mn O. fiver in the Chair. Mn PHttu1Io Mn !lec'een Mn Single Mn :!e neon Mn Futh ,=q.1 end Mr. Mn To His Honour The Lieutenant-Governor in Council: i• 12_ The undersigned has the honour to report: THAT by memorandum of agreement bearing date the 24th day of September 1912 made between J. A. J. McKenna, Special Commissioner appointed by the Dominion Government to investi- gate the condition of Indian affairs in British Columbia, and the Honourable Sir Richard McBride as Premier of the Province of British Columbia, an agreement was arrived at subject to the approval of the Governments of the Dominion and of the Province, for the purpose of settling all differences between the said Governments respecting Indiah lands and Indian af- fairs generally in the Province of British Columbia, and for the final adjustment of all matters relating thereto, by the c appointment of a commissioner for the purposes set out in the agreement. THAT by Dominion Order in Council of the 27th November 1912, and Provincial Order in Council of the 31st day of Deoem- ber 1912, the said agreement was approved, subject to the fur- ther provision that notlftwithstanding anything in the said agre- ement contained, the Acts and proceedings of the Commission shall be subject to the approval of the two Governments and that the Governments agree to consider favourably the reports whether final or interim, of the Commission, with a view to give effect as far as reasonably may be to the Acts, proceed- ings and recommendations of the Commission and to take all such steps and proceedings as may be reasonably necessary with the object of carrying into execution the settlement provided for by the Agreement in accordance with its true intent and purpose. THAT a Royal Commission on Indian Affairs for the Prov- ince of British Columbia was duly appointed for. the purpose of oarrying out the said Agreement. THAT the said Commission has since reported as to lands reserved and to be reserved for Indians in the Province of British Columbia, and otherwise for the settling of all differ- ences between the said Governments respecting Indian lands and Indian Affairs generally in the said Province. THAT by Chapter 32 of the Statutes of British Columbia 1919, entitled "Indian Affairs Settlement Act" the Lieutenant Governor in Council was empowered to do, execute and fulfilV 'Lb ) /4, 75- ‘4,0•4*`-' yi (ORDER IN COUNCIL No. I every act, deed, matter, or thing necessary for the carrying out of the said Agreement between the Governments of the Do- minion and the Province, according to its true intent, and for giving effect to the report of the Commission, either in ' i whole or in part, and for the full and final adjustment and settlement of all differences between the said Goverr,nonts respecting Indian lands and Indian Affairs in the Province. THAT for the purpose of adjusting, readjusting, or con- firming the reductions, cut-offs, and additions, in respect of Indian reserves proposed in the said report of the Commis- sion, the Lieutenant-Governor in Council was also empowered to carry on such further negotiations and enter into such further agreements, whether with the Dominion Government or with the Indians, as might be found necessary for a full and final ad- justment of the differences between the said Governments. THAT representatives of the two Governments were subse- quently appointed for the purpose of adjusting, readjusting, confirming and generally reviewing the report and recommenda- tion of the Royal Commission. THAT the said representatives have reported in respect to their adjustment, readjustment and review of the said re- port: AND TO RECOMIMND: THAT the Report of the Royal Commission of Indian Af- fairs as made under date of the 30th day of June 1916, with the amendments thereto as made by the representatives of the two Governments, via: Mr. W. E. Ditchburn, representing the Dominion Government and Major J. W. Clark, representing the Province, in so far as it covers the adjustments, readjust- ments or confirmation of the Reductions, Cut-offs and addi- tions in respect of Indian Reserves proposed in the said re- port of the Royal Commission, as set out in the annexed schedules, be approved and confirmed as constituting full and final adjustment and settlement of all differences in res- pect thereto between the Governments of the Dominion and the Province, in fulfilment of the said Agreement of the 24th day of September 1912, and also of Section 13 of the Terms of Union, except in respect to the provision for lands for Indi- • ans resident in that portion of British Columbia covered by Treaty No. 8, which forms the subject of Interim Report Do. 91 of the Royal Commission: The settlement of which will be allowed to remain in abeyance until some more suitable time, but which shall not prevent the Government of the Province from dealing with vacant Crown lands under the provisions of the land laws of the Province from time to time in force and effect. Provided that all new reserves and the lines neces- sary to define the cut-offs and the new boundaries of the reserves affected thereby be surveyed by duly qualified Brit- ish Columbia Land Surveyors under the direction of, and at the expense of the Dominion Government. The appointment of such surveyors shall be subject to the approval of the Sur- veyor-General for the Province. The work to be carried out under the provisions of the Land Act and general instructions [ORDER IN COUNCIL No. for British Columbia surveyors and the field notes and plane shall be subject to the approval of the Surveyor- General for the Province, a copy of same to be depos- ited in the Department of Lands. All surveys to be com- .pleted not later than the 31st day of December 1926, subject to an extension of time if found necessary. Provided also that upon completion and due ac- ceptance of such surveys, conveyance be made by the Province to the Dominion in accordance with Section 7 of the said Agreement of the 24th day of September,1912. Dated this A.D.1923. Minister of Lands. Approved this day of A.D. 1923. r er2A4, 0-eLL.A7 Presiding Member of the Executive Council -A-e-e.:c• c15 1.7.1 q '14 , --trtka:),.....4j • q - .14.4-. 9- 1 6 • 10 ROYAL COMMISSION ON INDIAN AFFAIRS AGR EEM E N "MrsuniANDost OF AN AGREEMENT ARRIVED AT BETWEEN J. A. J. MCKENNA,. SPECIAL COMMISSIONER APPOINTED BY THE DOMINION GOVERNMENT TO INVESTIGATE rim CoNDITIoN or INDIAN AFFAIRS IN BRITISH CoLUMIIIA, AND TIII: HONOURABLE SIR RICHARD MCBRIDE, AS PREMIER OF THE PROVINCE OF BRITISH COLUMBIA. "WHEREAS it is desirable to settle all differences between the Governments of the Dominion and the Province respecting Indian lands and Indian Affairs generally in the Province of British Columbia, therefore the parties above named, have, subject to the approval of the Governments of the Dominion and of the Province, agreed upon the following proposals as a final adjustment of all matters relating to Indian Affairs in the Province of British Columbia :— 1. A Commission shall be appointed as follows: Two Commissioners shall be Milled by the Dominion and two by the Province. The four Commissioners so named shall select a fifth Commissioner, who shall be the Chairman of the Board. 2. The Commission so appointed ,hall have power to adjust the acreage of Indian Reserves in British Columbia in the following manner: (a) At such places as the Commissioners are satisfied that more land is included in any particular Reserve as now defined than is reasonably required for the use of the Indians of that tribe or locality, the Reserve shall, with the consent of the Indians, as required by the Indian Act, be reduced to such acreage as the Commissioners think reasonably sufficient for the purposes of such Indians. (b) At any place at which the Commissioners shall determine that an insufficient quantity of land has been Set aside for the use of the Indians of that locality, the Commissioners shall fix the quantity that ought to be added for the use of such Indians. And they may set aside land for any Band of Indians for whom land has not already been reserved. 3. The Province shall take all such steps as are necessary to legally reserve the additional lands which the Commissioners shall apportion to any body of Indians in pursuance of the powers above set out. 4. The lands which the Commissioners shall determine are not necessary for the use of the Indians shall be subdivided and sold by the Province at public auction. 5. The net proceeds of all such sales shall be divided equally between the Province and the Dominion, and all moneys received by the Dominion under this Clause shall be held or used by the Dominion for the benefit of the Indians of British Columbia. 6. All expenses in connection with the Commission shall be shared by the Province and Dominion in equal proportions. 7. The lands comprised in the Reserves as finally fixed by the Commissioners aforesaid shall be conveyed by the Province to the Dominion with full power to GENERAL. REPoier 11 the Dominion to deal with the said lands in such manner as they may deem best suited for the purposes of the Indians, including a right to sell the said lands and fund or use the proceeds for the benefit of the Indians, subject only to a condition that in the event of any Indian tribe or band in British Columbia at some future time becoming extinct, then any lands within the territorial boundaries of the Province which have been conveyed to the Dominion as aforesaid for such tribe or band, and not sold or disposed of as hereinbefore mentioned, or any unexpended funds being the proceeds of any Indian Reserve in the Province of British Columbia, shall be conveyed or repaid to the Province.
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