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Prophet River First Nation Book of Authorities

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Prophet River First Nation Book of Authorities NATIONAL ENERGY BOARD IN THE MATTER OF the National Energy Board Act, R.S.C. 1985, c. N-7, as amended, and the regulations made thereunder; IN THE MATTER OF the Canadian Environmental Assessment Act, 2012, S.C. 2012, C. 37, as amended, and the regulations made thereunder; AND IN THE MATTER OF an application by NOVA Gas Transmission Ltd. for a Certificate of Public Convenience and Necessity and other related approvals pursuant to Part III and Part IV of the National Energy Board Act. PROPHET RIVER FIRST NATION BOOK OF AUTHORITIES September 26, 2014 To: The Secretary National Energy Board 444 Seventh Avenue S.W. Calgary, Alberta T2P 0X8 TAB A S.C. 2012, c. 19, s. 52, s. 4 Page 1 Canada Federal Statutes Canadian Environmental Assessment Act, 2012 Purposes s 4. Federal English Statutes reflect amendments current to June 18, 2014 Federal English Regulations are current to Gazette Vol. 148:13 (June 18, 2014) 4. 4(1) Purposes The purposes of this Act are (a) to protect the components of the environment that are within the legislative authority of Parliament from significant adverse environmental effects caused by a designated project; (b) to ensure that designated projects that require the exercise of a power or performance of a duty or function by a federal authority under any Act of Parliament other than this Act to be carried out, are considered in a careful and precautionary manner to avoid significant adverse environmental effects; (c) to promote cooperation and coordinated action between federal and provincial governments with respect to environmental assessments; (d) to promote communication and cooperation with aboriginal peoples with respect to environmental assess- ments; (e) to ensure that opportunities are provided for meaningful public participation during an environmental as- sessment; (f) to ensure that an environmental assessment is completed in a timely manner; (g) to ensure that projects, as defined in section 66, that are to be carried out on federal lands, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to avoid significant adverse environmental effects; (h) to encourage federal authorities to take actions that promote sustainable development in order to achieve or maintain a healthy environment and a healthy economy; and (i) to encourage the study of the cumulative effects of physical activities in a region and the consideration of those study results in environmental assessments. 4(2) Mandate The Government of Canada, the Minister, the Agency, federal authorities and responsible authorities, in the admini- stration of this Act, must exercise their powers in a manner that protects the environment and human health and applies the precautionary principle. Copr.(c)West 2014 No Claim to orig.Govt.Works S.C. 2012, c. 19, s. 52, s. 4 Page 2 © Thomson Reuters Canada Limited or its Licensors (excluding individual court documents). All rights reserved. END OF DOCUMENT Copr.(c)West 2014 No Claim to orig.Govt.Works TAB B R.S.C. 1985, App. II, No. 44, Sched. B, Pt. II, s. 35 Page 1 Canada Federal Statutes Constitution Act, 1982 Schedule B — Constitution Act, 1982 II — Rights of the Aboriginal Peoples of Canada s 35. Federal English Statutes reflect amendments current to June 18, 2014 Federal English Regulations are current to Gazette Vol. 148:13 (June 18, 2014) 35. 35(1) Recognition of existing aboriginal and treaty rights The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. 35(2) Definition of "aboriginal peoples of Canada" In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada. 35(3) Land claims agreements For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired. 35(4) Aboriginal and treaty rights are guaranteed equally to both sexes Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. © Thomson Reuters Canada Limited or its Licensors (excluding individual court documents). All rights reserved. END OF DOCUMENT Copr.(c)West 2014 No Claim to orig.Govt.Works TAB C R.S.C. 1985, c. I-5, s. 2 Page 1 Canada Federal Statutes Indian Act Interpretation s 2. Federal English Statutes reflect amendments current to June 18, 2014 Federal English Regulations are current to Gazette Vol. 148:13 (June 18, 2014) 2. 2(1) Definitions In this Act, "band" means a body of Indians (a) for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after September 4, 1951, (b) for whose use and benefit in common, moneys are held by Her Majesty, or (c) declared by the Governor in Council to be a band for the purposes of this Act; ("bande") "Band List" means a list of persons that is maintained under section 8 by a band or in the Department; ("liste de bande") "child" includes a legally adopted child and a child adopted in accordance with Indian custom; ("enfant") "common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ("conjoint de fait") "council of the band" means (a) in the case of a band to which section 74 applies, the council established pursuant to that section, (b) in the case of a band to which section 74 does not apply, the council chosen according to the custom of the band, or, where there is no council, the chief of the band chosen according to the custom of the band; Proposed Amendment — 2(1) "council of the band" (b) (b) in the case of a band that is named in the schedule to the First Nations Elections Act, the council elected or in office in accordance with that Act, 2014, c. 5, s. 43 [Not in force at date of publication.] Proposed Addition — 2(1) "council of the band" (c), (d) Copr.(c)West 2014 No Claim to orig.Govt.Works R.S.C. 1985, c. I-5, s. 2 Page 2 (c) in the case of a band whose name has been removed from the schedule to the First Nations Elections Act in ac- cordance with section 42 of that Act, the council elected or in office in accordance with the community election code referred to in that section, or (d) in the case of any other band, the council chosen according to the custom of the band, or, if there is no council, the chief of the band chosen according to the custom of the band; 2014, c. 5, s. 43 [Not in force at date of publication.] ("conseil de la bande") "Department" means the Department of Indian Affairs and Northern Development; ("ministère") "designated lands" means a tract of land or any interest therein the legal title to which remains vested in Her Majesty and in which the band for whose use and benefit it was set apart as a reserve has, otherwise than absolutely, released or surrendered its rights or interests, whether before or after the coming into force of this definition; ("terres designées") "elector" means a person who (a) is registered on a Band List, (b) is of the full age of eighteen years, and (c) is not disqualified from voting at band elections; ("electeur") "estate" includes real and personal property and any interest in land; ("biens") "Indian" means a person who pursuant to this Act is registered as an Indian or is entitled to be registered as an Indian; ("Indien") "Indian moneys" means all moneys collected, received or held by Her Majesty for the use and benefit of Indians or bands; ("argents des Indiens") "Indian Register" means the register of persons that is maintained under section 5; ("registre des Indiens") "intoxicant" includes alcohol, alcoholic, spirituous, vinous, fermented malt or other intoxicating liquor or combina- tion of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and all drinks, drinkable liquids, preparations or mixtures capable of human consumption that are intoxicating; ("boisson alcoolisée") "member of a band" means a person whose name appears on a Band List or who is entitled to have his name appear on a Band List; ("membre d'une bande") "mentally incompetent Indian" means an Indian who, pursuant to the laws of the province in which he resides, has been found to be mentally defective or incompetent for the purposes of any laws of that province providing for the administration of estates of mentally defective or incompetent persons; ("Indien mentalement incapable") "Minister" means the Minister of Indian Affairs and Northern Development; ("ministre") "registered" means registered as an Indian in the Indian Register; ("inscrit") "Registrar" means the officer in the Department who is in charge of the Indian Register and the Band List maintained in the Department; ("registraire") "reserve" (a) means a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band, and (b) except in subsection 18(2), sections 20 to 25, 28, 36 to 38, 42, 44, 46, 48 to 51, 58 to 60 and the regulations made under any of those provisions, includes designated lands; Copr.(c)West 2014 No Claim to orig.Govt.Works R.S.C. 1985, c. I-5, s. 2 Page 3 ("reserve") "superintendent" includes a commissioner, regional supervisor, Indian superintendent, assistant Indian superin- tendent and any other person declared by the Minister to be a superintendent for the purposes of this Act, and with reference to a band or a reserve, means the superintendent for that band or reserve; ("surintendant") "surrendered lands" means a reserve or part of a reserve or any interest therein, the legal title to which remains vested in Her Majesty, that has been released or surrendered by the band for whose use and benefit it was set apart; ("terres cédées") "survivor", in relation to a deceased individual, means their surviving spouse or common-law partner.("survivant") 2(2) Definition of "band" The expression "band", with reference to a reserve or surrendered lands, means the band for whose use and benefit the reserve or the surrendered lands were set apart.
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