9 - 10 GEORGE V.
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CHAP. 56
An Act to amend the Indian Act.
[Assented to 7th July, 1919.]
HIS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-
1. Section forty-eight of the Indian Act, chapter eighty-one of the Revised Statutes of Canada, 1906, is amended by adding thereto the following clause immediately after the last word thereof:-
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Provided also that the Governor in Council may make regulations enabling the Superintendent General without surrender to issue leases for surface rights on Indian reserve, upon such terms and conditions as may be considered proper in the interest of the Indians covering such area only as may be necessary for the mining of the precious metals by any one otherwise authorized to mine such metals, said terms to include provision of compensating any occupant of land for any damage that may be caused thereon as determined by the Superintendent General.@2. Subsection one of section eighty-nine is amended by striking out the words
Aand not exceeding ten per centum of the proceeds of any@ in the second and third lines thereof.3. The said Act is further amended by adding thereto as Part Three thereof the following provisions:-
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PART THREE.A
SOLDIER SETTLEMENT.A196. (1) The Soldier Settlement Act, 1919, (excepting sections three, four, eight, nine, ten, eleven, fourteen, twenty-nine, subsection two of fifty-one, and sixty thereof, and excepting the whole of Part Three thereof) with such amendments as may from time to time be made to said Act shall, with respect to any >settler= as defined by said Act who is an >Indian= as defined by this Act, be administered by the Superintendent General of Indian Affairs.
(2) For the purpose of such administration, the Deputy Superintendent General of Indian Affairs shall have the same powers as the Soldier Settlement Board has under The Soldier Settlement Act, 1919, the words >Deputy Superintendent General of Indian Affairs= being, for such purpose, read in the said Act as substituted for the words >The Soldier Settlement Board= and for the words >The Board.=
(3) Said Act, with such exceptions as aforesaid, shall for such purpose, be read as one with this Part of this Act.
A197. (1) The Deputy Superintendent General may acquire for a settler who is an Indian, land as well without as within an Indian reserve, and shall have authority to grant to such settler a location ticket for common lands of the band without the consent of the Council of the band, and, in the event of land being acquired or provided for such settler in an Indian reserve, the Deputy Superintendent General shall have power to take security as provided by The Soldier Settlement Act, 1919, and to exercise all otherwise lawful rights and powers with respect to such lands, notwithstanding any provisions of the Indian Act to the contrary.
(2) Every such grant shall be in accordance with the provisions of said Soldier Settlement Act, 1919, and of this Part.
A198. The Soldier Settlement Board and its officers and employees shall, upon request of the Deputy Superintendent General of Indian Affairs, aid and assist him, to the extent requested, in the execution of the purposes of this Act, and the said Board may sell, convey and transfer to the said Deputy, for the execution of any such purposes, at such prices as may be agreed, any property held for disposition by such Board.
A199. (1) In the event of any doubt or difficulty arising with respect to the administration by the Superintendent General of Indian Affairs of the provisions of The Soldier Settlement Act, 1919, or as to the powers of the Deputy Superintendent General of Indian Affairs, as by this Act authorized or granted, the Governor in Council may, by order, resolve such doubt or difficulty and may define powers and procedure.
(2) Such order shall not extend the powers which are by The Soldier Settlement Act, 1919, provided.
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