PART XXXI

INDIAN ACT PROVISIONS

Health

273. Paragraph 81(1)(a) of the Indian Act shall continue to apply.

Fisheries

274. Paragraph 81(1)(o) of the Indian Act R.S.C. 1985 in relation to fish shall continue to apply.

Westbank First Nation Property Taxation

275.

1. Paragraphs 83(1)(a), (e), (e.1), (f), (g) and subsections 83(3), (4), (5), (6) of the Indian Act, shall continue to apply.



2. For greater certainty, the Westbank First Nation by-laws in relation to property taxation, enacted pursuant to section 83 of the Indian Act which are in force at the time of ratification of this Agreement, shall continue in force in accordance with the provisions of the Indian Act.



3. For greater certainty, interests in Westbank Lands are interests in lands as referred to in paragraph 83(1)(a) of the Indian Act.

General Indian Act Provisions

276. In addition to other provisions of this Agreement with respect to the application of the Indian Act, the following provisions of the Indian Act shall continue to apply:

1. definition of "band", for the purpose of application to other sections of the Indian Act shall continue to apply;



2. definition of "reserve", as set out in paragraph (a) only of the definition for "reserve";



3. section 3, sections 5 to 7 and the definition of "Indian" and "Indian Register";



4. section 29;



5. section 70, paragraphs 73(1)(f), (g) and (h), subsections 73(2) and 73(3);



6. sections 86 and 87 and subsection 90(1); and



7. sections 101 to 108.

277. Unless otherwise provided by this Agreement or Westbank Law, section 89 of the Indian Act shall continue to apply.

278. For those provisions of the Indian Act which continue to apply in accordance with this Agreement, section 88 of the Indian Act shall also continue to apply.

279. Where by-law provisions under section 81 of the Indian Act continue to apply, paragraphs 81(1)(q) and (r), section 82 and section 86 of the Indian Act also continue to apply.

280. Where pursuant to this Agreement the Indian Act continues to apply:

1. reference to "Band" in the Indian Act shall mean Westbank First Nation; and



2. reference to "council of the band" in the Indian Act shall mean Council.

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