PART XXIX

TRANSFER OF CAPITAL AND REVENUE MONEYS

261. All moneys held by Canada pursuant to the Indian Act for the use and benefit of Westbank First Nation, being commonly referred to as capital and revenue moneys of the Band, shall be transferred by Canada to the Council following the ratification of this Agreement.

262. Upon transfer of the moneys referred to in section 261, Canada shall no longer thereafter be responsible for the collection of moneys payable:

1. to or for the benefit of Westbank First Nation; or



2. except as provided in section 263, to or for the benefit of a Member.

263. Until Westbank First Nation exercises the jurisdiction for estates referred to in Part VIII, Canada shall collect any moneys payable to or for the benefit of deceased Members, Mentally Incompetent Members and infant Members.

264. For greater certainty, Canada shall not be liable for any errors or omissions in the administration of all moneys held by Westbank First Nation for the use and benefit of Westbank First Nation that occur subsequent to the transfer of capital and revenue moneys of the Band from Canada to the Council.

265. Canada shall be liable for any errors or omissions of Canada that occurred while the capital and revenue moneys were under Canada's administration.

266. Upon the transfer of moneys in accordance with section 261, Canada shall provide to Westbank First Nation a history report which details all receipts and expenditures from both the capital and revenue accounts of the Band for the ten year period prior to the date of transfer.

Back