CANADA / PENTICTON INDIAN BAND

SETTLEMENT AGREEMENT

1982

THIS AGREEMENT made the 6th day of March, 1982.

Between:

AND:

AND:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

represented herein by the Minister of Indian Affairs and Northern Development,

(hereinafter called "Canada")

OF THE FIRST PART

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA

represented herein by the Attorney General (herein after called the "Province")

OF THE SECOND PART

THE PENTICTON INDIAN BAND

represented by the Chief and Councillors thereof

(hereinafter called the "Band")

OF THE THIRD PART

A. Following the confederation of the Province with Canada in 1871 and pridr to the y~ar 1916, certain lands had been allotted to the Band as Indian Reserves;

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B. After Confederation, differences arose bet~een Canada and

the Province as to the allo.tment and management of Indian

Reserves. In order to settle these differences Canada and the

Province entered into the McKenna-McBride Agreement dated

September 24, 1912, which Agreement provided for the

establishment of a Royal Commission to make recommendations

respecting the adjustment of the acreage of Indian Reserves in

British Columbia by the addition of lands to the then existing

Reserves, the creation of ne~ Reserves, and the reduction of the

acreage of existing Reserves, with the consent of the Indians, to

such size as the Commissioners thought reasonably sufficient for

the purposes of such Indians;

C. The Commission's Report was ~pproved and confirmed by the

Province by the Indian Affairs Settlement Act S.B.C. 1919 c. 32.

In 1920, the Parliament of Canada enacted the British Columbia

Indian Affairs Settlement Act S.C. 1920 which enabled the

Governor General in Council to order the reduction or cutting-off

of lands from Indian Reserves in British Columbia without the

prior consent of the Indians.

D. At all times between 1871 and July 29, 1938, when the

Province by Order-in-Council 1036 of 1938 conveyed certain lands

to Canada in trust for the use and benefit of the Indians of the

Province of British Columbia as Indian Reserves, the Province

held title to the lands allotted to the Band as Reserves,

including those lands which were cut-off from the Reserves of the

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Ban d pur sua n t tot h t! r ~ com [!} end .:\ t i <) n s 0 f the :\ 0 'j .1 1 COl") ';1 i. ,; S L ,) n

established by the McK~nna-McBride Agr~ernent of Se~cQ~ber ~~,

1912.

E • It has been agreed betw~en Canada, the Province, and the

Band as represented by the Chief and Councillors thereof, to

effect a full and final settlement of their differences respect­

ing the cutting-off of lands from the Reserves of the Band by

entering into this Agreement to provide, inter alia, for the

transfer of certain cut-off lands from the Province to Canada in

trust for the use and benefit of the Band, the payment of

compensation by the Province to Canada in trust for the use and

benefit of the Band for the cut-off lands to be retained ~y the

Province and th~· ~ayment of compensation by Canada to the Band

for cut-off lands which have been alienated to third parties.

F. The Band Council has by Band Council Resolution dated the

1st day of December, 1981, a copy of which is attached hereto .1S

Schedule "An approved this Agreement and has requested that the

procedures for a referendum under the Indian Referendum

Regulations be implemented for the purpose of obtaining from the

Band the approval to enter into this Agreement.

G. Canada and the Province and the Band Council desire to

ascertain from the Band members on such referendum, whether the

Band consents to and approves of this Agreement and authorizes

ita execution by the Chief and at least two (2) Councillors of

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the Band for and on behalf of the Band.

NOW THIS AGREEMENT WITNESSETH that in consideration of the

premises the parties hereto covenant and agree together and each

~ith the other as follows:

1. CANADA AGREES

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(1) That the lands cut-off from the Band's Reserves follow­

ing the ~cKenna-McBride Royal Commission Report of 1916 which

have subsequently been alienated by sale or other disposition

to third parties and ~ill not be returned to Canada for the

use and benefit of the Band and in respect of which loss the

Band is being compensated by Canada under the terms of this

Agreement, are as set forth and described in the Schedule

marked "CD attached hereto, and the Band hereby confirms that

it understands and agrees that the lands set forth and de­

scribed in Schedule "CD are not to be ret~rned to the Band

for its use and benefit.

(2) To pay for the use and benefit of the Band the sum of

$13,217,118.55 in full compensation therefore, the amotint

of $352,685.00 thereof being capital monies and the amount

of $12,864,433.55 thereof being revenue monies within the

meaning of the Indian Act R.S.C. 1970 c. 1-6.

(3) That the capital portion of the said monies referred

to in sub-paragraph (2) hereof shall be paid by Canada into

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the Band's capital account, and the revenue portion thereof

shall be paid by Canada into the Band's revenue account in

the Department of Indian Affairs and Northern Development.

(4) That upon transfer· by the Province to Canada of the

lands described in Schedule UD" to hold the same for the

use and benefit of the Band under the provisions of the

aforesaid Indian Act subject to the charges and encumbrances

therein mentioned, and subject to the same rights, reserva-

tions, restrictions, terms and conditions as are contained ir

British Columbia Order-in-Council 1036 of 1938.

( 5 ) That upon payment by the Province to Canada of the

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principal sum of$l million and accumulated interest for

payment to the Band as hereinafter provided, Canada shall

forthwith pay the said principal sum into the capital

account of the Band and the accumulated interest into the

Band's revenue account in the Department of Indian Affairs

and Northern Development for the use and benefit of the Band

pursuant to the provisions of the Indian Act.

THE PROVINCE AGREES

(1) That the Province shall transfer to Canada in trust for

the use and benefit of the Penticton Band of Indians ~ithout

any coat to Canada those certain lands and premiies describe~

in Schedule "D" hereto, which lands and premises were former-

ly cut-off from the Band' 9 Reserves.

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(2) The Province shall transfer the lands described in

Schedule ~D" hereto to Canada in. trust for the Band subject

to the charges and encumbrances described in that Schedule .... -_ .... -

and,subject to the same rights, reservations, restrictions,

terms and conditions as are contained in British Columbia

Order-in-Council 1036 of 1938.

(3) The form of transfer of the lands described in SchedulE

"D" ~ereto to Canada is attached as Schedule "E" to this

Agreement.

(4) The Province shall retain the o~nership, administratio:

and control of the following lands and premises formerly cu·

off from the Reser~es of the Penticton Band of Indians:

LANDS IN PENTICTON INDIAN RESERVE NO.1 CUT-OFF TO BE RE-

TAINED BY THE PROVINCE OF BRITISH COLUMBIA

Lot 4903, Osoyoos Division of Yale District;

'Lo t 4'900, Osoyoos Division of Yale District;

Lot S097 i Osoyoos Division of Yale Distric.t;

Lot 5'09 B , Osoyoos Division of Yale District;

Lot 5099, Osoyoos Division of'Yal~ District;

Those parts of Lots 4896 and '2496, Osoyoos Division of Yale

District lying East of Plan a397;

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Lot 1208, Osoyoos Division of Yale District;

Those portions of Lot 4701, Osoyoos Division of Yale Distri

shown on Plans C14227, H14046 and H14264;

That part of Lot 5119, Osoyoos Division of Yale District

shown on Plan H14046j

That part of Lot 5087, Osoyoos Division of Yale Distiict

lying within the boundaries of Block "B" of Lot 2497j

That part of Block "A" of Lot 2497, Osoyoos Division of Yal

District shown on Plan H874j

That part of Lot 4906, Osoyoos Division of Yale District

shown on plan H14046j

LANDS IN PENTICTON INDIAN RESERVE NO.2 CUT-OFF TO BE RE-

TAINED BY THE PROVINCE OF BRITISH COLUMBIA

Lot 1 of the East half of Lot 332ls, Similkameen Division 0

Yale District, Plan 29237;

Those portions of Carmi Road through the Northwest quarter

of the East half of Lot 382ls, Similkameen Division of Yale

District shown on Plans Cl1456, B6051 and 29237.

(5) The Province shall pay to Canada in trust for the use

and benefit of the Penticton Band of Indians the sum of

$1,000,000.00 in full com?ensation for the cut-off lands

which the Province retains, and in full settlement of any ar

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all claims. actions, causes of action. suits, claims and

demands whatsoever which either Canada or the Penticton Band

of Indians, ever had, now has, or hereafter can, shall or ~ay

have to the cut-off lands which the Province retains or in

relation to any matter,' cause or thing arising from or in any

way connected with the cutting off of lands from the Reserves

of the Penticton Band of Indians.

RELEASE

(1) In cOGslderation of this Agreement and in particular in

consideration of the transfer by the Province to Canada of

the lands described in Schedule "n" hereto in trust for the

Band and the payment by the .Province to Canada of the sum of

$1 million, for the use and benefit of the Pen~icton Band of

Indians, Canada and the Band release any and all claims to

any right, title or interest whatsoever which Canada or the

Band ever had, now have, or hereafter can. shall or may have

to the lands and premises retained by the Province pursuant

to the provisions of this Agreement and do hereby release.

remise and forever discharge Her Majesty the Queen in Right

of the Province of British Columbia of and from all manner of

actions. causes of actions, suits, claims and demands

whatsoever which against Her Majesty the Queen in Right of

the Province of Bri.tish Columbia. Canada or the Band ever

had, now have or which they hereafter shall. can or may have

for or by reason by any act, deed or thing done or omitted co

be done by Her Majesty the Queen in Right of the Province of

British Columbia. Rar ~.-.-.

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r from or in any way connected with the taking of the cut-off ,

lands from the Reserves of the Penticton Band of Indians.

I (2) In consideration of payment by Canada of the aforesaid

I sum of $13,217,118.55 and in consideration of the other ob-

ligations assumed by Canada under this Agreement the Band

I hereby releases any and all claims to any right, title or

I interest whatsoever which the Band ever had, now has or

hereafter can, shall or may have to the lands and premises

I formerly cut-off from the Reserves of the Penticton Band of

Indians and does hereby forever release, remise and discharge

I Her Majesty the Queen in Right of Canada of and from all man-

I ner of. actions, causes of actions, suits, claims and demands

w hat s 0 eve r-; -w h i c hag a ins tHe r M a j est y the Que e n i n Rig h t 0 f

I Canada, the Band ever had, now has, or which it hereafter

shall, can, or may have for or by reason of any act, deed or

I thing, done or omitted to be done by Her Majesty the Queen in

I Right of Canada, Her Ministers, Servants or Agents arising

from or in any way connected with the taking of the cut-off

I lands from the Reserves of the Band.

I (3 ) SAVE AND EXCEPT for those lands to be retained by the

I Province and more particularly described in paragraph 2(4)

of this Agreement, and SAVE AND EXCEPT for the rights,

I reservations, restrictions, terms and conditions in favour

of the Province contained in the instrument of transfer from

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the Province to Canada of the lands described in Schedule "D"

to this Agreement, the Province hereby releases any and all

claims to any right, title or interest whatsoever which the

Province ever had, now or hereinafter can, shall or may have

to the lands formerly cut-off from the Reserves of the Band

and the Pro~ince does hereby forever release, remise and

discharge Her Majesty the Queen in Right of Canada of and

from all manner of actions, causes of action, suits, claims

and demands whatsoever, which against Her Majesty the Queen

in Right of Canada, the Province ever had, now has, or which

it hereafter shall, can or may have for or by reason of any

act, deed or thing done, or omitted to be done by Her Majesty

.the Queen in Right of Canada, Her Ministers, Servants or

Agents, arising from or in any way connected with the taking

of the cut-off lands from the Reserves of the' Band.

4. APPLICATION OF THIS AGREEMENT

This Agreement concerns only those Reserves of the Band that

were cut-off from the Band under the Royal Commission Report

pursuant to Section 2(a) of the McKenna-McBride Agreement of

September 24, 1912.

I 5 • APPROVAL BY BAND

The rights, duties and obligations created by this Agreement

I are conditional upon Canada obtaining from the Band the con-

I sent and approval of a majority of the members of the Band

of the full age of nineteen (19) years or older (hereinafter

called the "electors") authorizing the Chief and at least

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two (2) Councillors of the Band to execute this Agreement

on behalf of the Band, upon a Referendum to be held for such

purpose as soon as reasonably possible, adopting for the con­

duct of the Referendum the procedures outlined in the Indian

Referendum Regulations.' Such.approval shall be evidenced by

the consent and approval of the majority of the electors in

the form attached as Schedule "B" hereto. In the event that

Canada does not obtain such consent and approval this

Aireemerit shall.be null and void as if it had never been

made.

6. SPECIAL LEGISLATION

(1) The Minister shall seek Cabinet authorization to forth­

with recom~~id to Parliament and the Province sh~ll forthwith

recommend to the Legislative Assembly special legislation

ratifying and approving the releases herein granted by

Canada to the Province, and by the Province to Canada, and

where necessary giving effect to this Agreement. PROVIDED

HOWEVER, that this Agreement shall be binding upon the

Parties upon its execution, which it is hereby declared to

be.

7. RENEWAL OF ENCUMBRANCES

Pending finalization of this Agreement by the payment of

monies and transfers of land as contemplated by this

Agreement or pending this Agreement becoming null and void

as herein provided, neither Canada or the Province will re-

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new any existing encumbrances or extend any lease or other

encumbrances as they expire, beyond a period of 30 days.

8. TIME OF PAYMENT BY CANADA

The capital sum of $352,685.0p to be paid to the Band by

Canada, shall be deposited by Canada into the capital account

of the Band and the revenue sum of $12,864,433.55 shall be

deposited by Canada into the revenue account of the Band

w{thin ihirty (30) days of the execution of this Agreement by

all the parties thereto, following the consent and approval

of the·Band upon the referendum, to enter into this

Agreement. Such monies shall ther·eupon be held by the

Department of Indian Affairs and Northern Development of

Can a d a a c c urn u.l a tin gin t ere s t for the use and ben e fit 0 f the

Band and shall be dealt with under the pr6visions of the

Indian Act. The said revenue monies or any portion thereof

may b.e withdrawn from the revenue account upon receipt by

Canada of a Band Council Resolution (or Resolutions as the

case may be) requesting the Minister of Indian Affairs and

Northern Development to pay the same to the Band Council for

its lawful purposes.

9. TIME OF PAYMENT BY THE PROVINCE

(1) All monies payable under this Agreement by the Province

to Canada in trust for the use and benefit of the Band shall

until the passage of federal and provincial legislation

referred to in paragraph 6 of this Agreement, be paid by

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the Provi~ce into ~ s~?ar3t~ ~ccount under the joint direc­

tion of Canada and the Province, such join't dir~ction b~iag

in substantially the same form as is contained in Sch~dule

"F" of this Agreement.

(2) Within thirty (30) ~ays of the passage of the federal

or provincial legislation referred to in paragraph 6 of this

Agreement, whichever is the later date, Canada and the

Province shall take all necessary steps to transfer the mon­

ies so held, together with all accumulated interest, to

Canada for the use and benefit of the Band in accordance with

paragraph 1(5) hereof.

(3) In the event that either the federal or provincial

legislation. referred to in paragraph 6 is not enacted within

two (2) years of the date of execution of this Agreement,

Canada and the Province shall take all necessary measures to

transfer all monies held in such account, together with all

accumulated interest, to tneProvince.

10. TIME OF TRANSFER BY THE PROVINCE

The Province shall transfer to Canada in trust for th~ use

and benefit of the said Band the lands described in Schedule

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enactment of the federal or provincial legislation referred

to in paragraph 6 of this Agreement, whichever is the later

date.

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11. DAMAGE SEITLEMENT

The Parties hereto agree that:

(1) The Province is paying to Canada in trust for the use

and benefit of the Band the sum of $1 million as herein

provided asa negotiated settlement ~ith respect to the

cutting-off of land from the Band's Reserves and the said

sum of $1 million is being paid by the Province as compen­

sation for a disputed claim and ~ithout any admission of

liability on the part of the Province to either Canada or

the Band.

(2) The Band is being paid the" monies herein agreed to be

paid by Canada as a negotiated damag~ settlement a~ard ~ith

respect to the cutting-off of land from the Band's Reserves

and the said monies being paid as damages are by ~ay of a

disputed claim and ~ithout any admission of liability by

Canada to the Band.

12. FURTHER ASSURANCES

The parties hereto covenant each ~ith the.other to do

such things, and execute such further documents and take

all further necessary measures to carry out and implement

the terms of this Agreement.

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13. NOTICE

Any n~tice or other written communication required or per-

mitted to be given to this Agreement may be given as fol-

lows:

(1) TO CANADA:

Assistant Deputy Minister Indian and Inuit Affairs Program Department of Indian Affairs Terrasses de la Chaudiere 10 Wellington Street Hull, Quebec K1A OH4

(2) TO THE PROVINCE:

Provincial Secretary of British Columbia Parliament Buildings V~·c~oria, British Columbia

(3) TO THE BAND:

Penticton Indian Band R.R. 02, Green Mountain Road Penticton, British Columbia V2A 6J7

14. INTERPRETATION

In this Agreement:

(1) Words in the singular include the plural and words in

the plural include the singular;

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(2) Words importing male persons include female persons and

corporations.

IN WITNESS WHEREOF the Honourable John C. Munro, Minister 0:

Indian Affairs and Northern Development has hereunto set his hand

on behalf of Canada, and the Eonourable L. Allan Williams,

Attorney General, on behalf of the Province of British Columbia,

the, L..,.J..day of February, 1982; and the undersigned Chief and

Councillors of the Penticton Band of Indians on beh~lf of the

said Band, the day and year first above written.

SIGNED on behalf of HER MAJESTY ) THE QUEEN IN RIGHT OF CANADA, re- ) presented herein by the Honourable ) John C. ro, Minister of Indian ) A f fa i r f a,n d I ' Nor the r n D eve lop men t , )

(i n _' t h 1 -:1 e en c e' 0 f : ) , G"'- 7 ) . -.>.--,,--~:~'/L G''-~ ~\--~,tl5

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SIGNED on behalf of HER MAJESTY ) THE QUEEN IN RIGHT OF THE PROVINCE ) OF BRITISH COLUMBIA, represented ) herein by the Honourable L. Allan ) Willia presence of: )

SIGNED on behalf of the PENTICTON BAND OF INDIANS by the undersigned Chief and Councillors in the presence of:

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.",;-If) i"l'R'iIiEfl DE IT reso1v<.!d th.::lt th.: Councj I uE the f'cntictun T;1UiJn [l,Jna .l=firms the s.lid .::ltJrccmcnt ror CXCc'lt:lon by th<.! '!inistcr of Indian J\ifilirs and :'Qrth(~rn i)aveiOl)ment. for C.:::nac!i\, ':lI1el the Attot-nay C;cncr.::lt of uri tis!) r,'lumbia tOI' thc ;':-nvi:)cc •• 111cl the Chi~f ."nd two CQU:H:; 110::-s :<:1' ,'lnd on bchi'ltf o~ ::h(' Band 01'lLY If the m.lloritv (·r the electors nt the Pan­tit:~''\11 rndicJn ll.:1nd .1fj' III (.1V f Hlf ("',f I.hl· ·.;.iitl ·Iqrl"c::"\(~n.t.

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SCllEDULE "[3"

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\'iHEREAS follow i ng the t--1cKenna-~icI3r ide Royu 1 Comrniss ion He\?ort Q f

1916, certain portions of Penticton Indlun Bands' Reserves No.1

and all of Reserves Nos. 2 an~ 2~ were cut-off from the Band's

Reserves without the consent and approval of the Band •.

AND HHEREAS subsequent. to the said cutting-off certain portions of

the l<1nus 50 cut-off \"ere alienated uy sLlle or otherwise dis~)osed

of to third parties and the Band will be forever dcpriv~d of their

usc and benefit.

being returned to Her M.Jjcsty in rUCJht or Ci..muda by the Provine\..! ld

of British columbia, for the use and benefit of thc8i':1nd, 3nd certain

uther remaining portions are being retain(;;d by the Province c..Jf

Gritish Columbi~ for its sole usc and b~n8[it.

\ND \-lHEREAS reprcsen ta ti.v~s 0 f the nand and !ler Majes ty the Q1J<2c.:n

n Ri(jht of Canud.:l dlHl Her Majesty the QU8en in Ri<jht of the I'J'ovj ncr:

f Aritish Columbia have negotiated·thnt cc.:rtain ~greemerlt hereto

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:tnchcd as Annex "A" (herein referred to as·the "Settlement AqrecDent m

'Ion ad a

lich would settle the disputes relut.i.n6 LO the Reserve!..i 0f the ina1

no h.-wing been cut-off from the Band ilS uforcsaid. ainst

) H!l£R£AS the ri<]hts, dutie5 and obligiltions crcnted by the

SCHEDULE "c"

THE ALIENATED CUT-OFF LANDS FROM THE RESERVES OF THE PENTICTON INDIAN BAND

a) From Penticton Indian Reserve #1

Lots 4884, 4901, 4902, 5146, 4899, 4898, 4897, 2496, 4896, 2499, 2498, 702, 5136, 5076, 4947, 4948, 5145, 4907, 4904

And Block IIBII _of lot 2497, excluding that portion within Lot 5087, all in the Osoyoos Division of Yale District.

b) From Penticton Indian Reserve #2

Lot 3821s, in the Similkameen Division of Yale District, except thereout:

a) The Northwest quarter of the East half of said lot 3821s excepting that part lying south of plan M187 and Lot 2, Plan 29237; and

b) that portion of Lot 1, Plan 29237 lying in the Northea~~_quarter of the East half of said Lot 3821s.

c) From Penticton Indian Reserve #2A

Lots 3237s, 1997s and 3429s, all in the Sirnilkarneen Division of yale District.

SCHEDULE "0"

LANDS TO BE TRANSFERRED BY THE PROVINCE TO CANADA FOR THE USE AND BENEFIT OF THE'BAND

IN PENTICTON RESERVE NO.1

Block IIAII of Lot 2497; and

Lots 4701, 5089, 5087, 4906, 4905, 4946, 4942, 5119 and 5120

All in the Osoyoos Division of Yale District, except thereout:

Firstly: From Block "A" of Lot 2497 that part shown on Plan H874.

Secondly: From Lot 4701 those parts shown on Plans C14227, H14046 and H14264.

Thirdly: From Lots 5119 and 4906 that part shown on Plan H14046.

Fourthly: From Lot 5087 that part lying within the boundaries of Block liB" of Lot 2497.

Containing in the aggregate 4941.737 ha (12,211.2 acres) more or less;

SUBJECT, however, to the rights and privileges granted by Her Majesty the Queen in Right of the Province of British Columbia under and by virtue of the following rights-of-way:

1. That right-of-way granted for a term of 21 years from July 9, 1969, to Okanagan Radio Limited over Parcel "All of Plan C8727 pursuant to Order-in-Council No. 2209/69.

2. That right-of-way granted for as long as required to West Kootenay Power and Light Company Limited pursuant to Order­in-Council No. 2202/72 covering lands shown on Plan C9906.

3. That right-of-way granted for a term of 21 years from September 23, 1964, to South Okanagan Television Distributors Ltd. pursuant to Order-in-Council No. 2703/64 covering lands shown on Plan CG608.

4. That right-of-way granted for as long as required to West Kootenay Power and Light Company Limited over Parcel "B", Plan C8727 pursuant to Order-in-Council No. 2210/69.

5. That right-of-way granted for as long as required to West Kootenay Power and Light Company Limited pursuant to Order­in-Council No. 2731/70 covering lands shown on Plan C9040.

6. That right-of-way granted for as long as requ to Inland Natural Gas Company Limited pursuant to Orders-in-Council Nos.996/58 and 1584/66 covering lands shown on Plans CG533, CG534, CG699, CG620 AND CG590.

7. That right-af-way granted for as long as required to West Kootenay Power and Light Company Limited over Lots 5087, 5088, 5089, Osoyoos Division of Yale District, pursuant to Order-in-Council No. 1243/52.

8. That right-of-way granted for as long as required to Sage Mesa Water and Public Services Co. Ltd. pursuant to an Agreement dated July 11, 1979, covering lands shown on Plan C14341.

9. That right-of-way granted for as long as required to West Bench Irrigation District pursuant to an Agreement dated July 11, 1979/ covering lands shown on Plans C14342 and C14339.

IN PENTICTON INDIAN RESERVE NO.2

The Northwest quarter of the East half of lot 3821s, in the Similkameen Division of Yale District, except thereout:

a) Those portions of Carmi Road shown on Plans B6051, Cl1456 and 29237

b) Lot 1, Plan 29237; and

c) that part of the said northwest quarter lying south of Plan M187

containing 13.16 ha. (32.51 acres) more or less.

subject, however, to the rights and privileges granted by Her Majesty in Right of the Province of British Columbia under and by virtue of the following rights-of-way:

a) A right-of-way for as long as required in favour of Inland Natural Gas Company Limited for gas pipeline purposes covering the area shown on plan CG614 and issued pursuant to Order-in-Council No. 1821, approved July 29, 1957;

b) A right-of-way for as long as required in favour of West Kootenay Power and LightCompany Limited for transmission line purposes covering the area shown on plan CG753 and issued pursuant to Order-in-Council No. 478, approved February 10, 1971;

·~ 1

I , , t , I

. I

AND subject to the rights vested in the Corporation of the City of Penticton pursuant to by-law No. 10007, dated August 22, 1949 to that part of the said lands within the boundaries of Plan M187 which by-law is filed in the land Titles Office, Karnloops, under No. 21965.

SCHEDULE "E"

APPROVED AND ORDERED

Lieutenant-Governor

Executive Council Chambers, Victoria

On the recommendations of the undersigned, the Lieutenant-Governor, by and with the advice and consent of the Executive Council, orders that

1. The administration, control and benefit of the land described in Schedule "A" of this order is, subject to sections 2 and 3 of this order, transferred in perpetuity to Her Majesty the Queen in right of Canada, in trust for the use and benefit of the Indian Band, subject to the right of Canada to deal with the land in such manner as it deems best suited for the purpose of the Indian Band including the right to sell the land and use the proceeds for the Indian Band.

2. The transfer is subject to the following terms, reservations and restrictions:

(a) the province, or any person acting for it, shall subject to paragraph (c) have the right to resume any part of the land which it may be deemed necessary to resume for making roads, canals, bridges, towing paths or other works of public utility or convenience.but not exceeding 1/20 part of the whole of the land and no resumption shall be made of any land on which a building has been erected, or which may be in use as a garden or otherwise for the more convenient occupation of a building;

(b) any person authorized by the province shall subject to paragraph (c) have the right to take and occupy water privileges and to have and enjoy rights of carrying water over, through or under any part of the land, as may be reasonably required for mining or agricultural purposes in the vicinity of the land, paying a reasonable compensation to Canada, in trust, for the use and benefit of the Indian Band;

(c) the federal Minister for the time being responsible for Indian Affairs shall be advised of any work contemplated under the preceding paragraphs and shall be furnished with plans showing the location of the work and a reasonable time shall be allowed for

(~

(e)

(f)

consideration of the plans and for any necessary adjustments or arrangements in connection with the proposed work.

any person authorized by the Province shall have the right to take from any part of the land any gravel, ' sand, stone, lime, timber or other material which may be required in the construction, maintenance or repair of any road, ferry, bridge or any public work, paying to Canada, in trust, for the use and benefit of the Indian Band a reasonable compensation for any material taken for the use outside the boundaries of the land;

all travelled streets, roads, trails, other highways and forest service roads existing over or through the lands at the date this order comes into effect are excepted and reserved from this transfer;

this transfer is subject to the right s, titles and interests of the holders of any easement, right of way, charge or encumberance described in the Schedule to this order whether or not it is registered in the Land Title Office.

3. This order shall come into effect on the date that the Governor in Council of Canada, by order, accepts this trans on the terms and subjects to the reservations and restrictions set out in th order.

M of Lands, Parks and Hous

Presiding member of the Executive council

SCHEDULE IIFII

JOINT INSTRUMENT OF DIRECTION

(Name of institution where monies held)

Dear Sirs:

You are hereby directed, upon receipt of this joint instrument of direction, to hold the deposit of (amount) represented by certificate number held in account number and all further deposits in such account together with all the interest payable from time to time on such deposits on the following terms, unless otherwise directed by the parties hereto by a joint letter of instruction:

1. All deposits referred to above and all interest payable from time to time on such deposits shall continue to be held'on deposit with you in the joint name of Her Majesty the Queen in Right of Canada (hereinafter called "canada ll

) and Her Majesty the Queen in Right of the Province of British Columbia (hereinafter called the "province").

2. Prior to any maturity date, and subject to any penalties stipulated as to interest, the said deposit or any part thereof may be-retired and replaced by other deposits of a no less secure nature, at the sole discretion of Canada and the Province, provided that :

(a) maturity of such replacement deposits shall be in accordance with the provisions hereof;

(b) Principal interest of such replacement deposits shall be dealt with as herein provided;

(c) All such replacement deposits shall be in the name of Canada and the Province.

3. within thirty (30) days of the passage of the federal or provincial legislation (whichever is later in time) referred to in paragraph 6 of the Agreement between Canada, the Province and the Penticton Indian Band attached as annex "A" the parties hereto shall execute a joint letter of instruction instructing the transfer of all monies held on deposit at that time together with all accumulated interest

• • • 2

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to Canada for the use and benefit of the Penticton Indian Band in accordance with the said Agreement.

4. In the event that the Penticton Indian Band fails to give the consent and approval referred to in paragraph 5 of the Agreement within 6 months from the date of execution of that Agreement, . the Province and Canada shall execute a joint letter of instruction to transfer all moneys held on deposit together with ali accumulated interest to the Province and the bank shall forthwith make such transfer.

5. In the event that the special legislation referred to in paragraph 6 of the Agreement is not e~~cted within two (2) years of the execution of the Agreement, the parties hereto shall execute forthwith following the expiry of the two-year period a joint letter of instruction instructing that all sums held on deposit up until that time, together with all accumulateF interest, be transferred to the Province in . accordance with the Agreement.

6. This letter of instruction cannot be revoked or amended except by a letter of instruction jointly executed by Canada and the Province.

Yours truly,

HER MAJESTY THE QUEEN -1N RIG' r ,,oF Ci\NF.DA

Per:

HER ~~JESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA

Per:

INST ITUTION ~fflERE ~10NIES HELD ON DEPOS IT

Per:

\

THIS AMENDING AGREEMENT made as of the 30th day of September, 1986.

BETWEEN:

AND:

AND:

HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, repre­sented herein by the Minister of Indian Affairs and Northern Development,

(hereinafter called "Canada")

OF THE FIRST PART

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented herein by the ~inister of Intergovernmental Relations,

(hereinafter called the "Province")

OF THE SECOND PART

THE PENTICTON BAND OF INDIANS, as represented by the Chief and Councillors herein,

(hereinafter called the "Band")

OF THE THIRD PART

W HER E A S:

A. Canada, the Province and the Band are parties to an Agreement made the 6th day of March, 19R2 (hereinafter referred to as the "Cut-Off Settlement Agreement") which provided" for the set­tlement of certain differences existinq between the Parties re­specting the cutting-off of lands from the Reserves of the Band bv providing, inter alia, for the tr"ansfer of certain cut-off lands from the Province to Canada in trust for the use and benefit· of the Band, the payment of compensation bv the Province to Canada in trust for the use and benefit of the" Band for, inter alia, the cut-off lands to be retained by the Province and the payment of compensation by Canada to the Band for cut-off lands which have been alienated to third parties;

B. The Cut-Off Settlement Agreement contained certaincler­ical errors in the description of lands to be transferred by the Province to Canada for the use and benefit of the Band and in the description of certain cut-off lands which had been alienated to third parties;

C. The parties hereto are desirous of amending the Cut-Off Settlement Agreement in order to make the necessary corrections to the description of the lands set out in Schedules "c" and "0" thereto.

- 7. -

O. Paragraph 12 of the Cut-off Settlement Agreement authorizes the Band Council to do all in its power to carry out the terms and provisions of the Agreement and the British Columbia Indian Cut-off Lands Settlement Act, S.C. 1984, c.2 authorizes the Band Council to enter into this Agreement.

NOW THIS AGREEMENT WITNESSETH that in consideration of the premises the parties hereto covenant and agree together and each with the other as follows:

1. The Cut-off Settlement Agreement signed March ~, 1982 is hereby amended by deleting Schedules "c" and "0" thereto in their entirety and substituting therefore, the revised Schedules "e" and "0", respectively, as annexed to this Amending Agreement.

2. In consideration of this ~~ending Agreement and ~n particular in consideration of the transfer by the Province to Canada of the lands descr ibed in Schedu le D hereto in trust and for the use and benefit of the Band, the Band does herebyforeve:t; release, remise and discharge Her Majesty the Oueen in Right of Canada and Her Majesty the Queen in Right of the Province of Bri tish Columbia of and from all manner of actions, causes of actions, suits, claims and demands whatsoever which the Band ever had, now has, or which it hereafter shall, can or may have against Her Majesty the Queen in Right of Canada, for or by reason of any act, deed or thing done or omitted to be done by Her Majesty the Queen in Right of Canada, Her Ministers, servants or Agents, ar ising from or in any way connected with the provis ion by the Lieutenant Governor of the Province and the acceptance by Canada of British Columbia Order-in-Council 640 of April 4, 1985 and do hereby indemnify and save harmless Canada for all or any liability for accepting the said Order-in-council.

3. Except as specifically amended hereby, the Cut-off Settlement Agreement is hereby ratified and approved and shall continue to be of full force and effect.

4. This Amending Agreement shall be deemed to have been executed on the latest date of signing by the parties hereto.

IN WITNESS \'/11ERFOF the Honourable William H. McKnight, Minister of Indian Affairs and Northern Development, has hereunto set his hand and seal on behalf of Canada, and the Honourable Bruce Strachan, Hinister of Intergovernrrentrll R~latio!1S, on beha 1 f 0 f the Province of British Columbla, as of the 30th day of September,

- 3 -

1986: and the undersigned Chief and Councillors of the Penticton Indian Band on behalf of the said Band, the day and year first above written.

SIGNED on behalf of HER MAJESTY THE QUEEN IN RIGHT OF CANADA, . ) represented hereby by the Honour-) able William H. McKnight, ) Minister of Indian Affairs and ) Northern Development, in the ) presence of: )

)

_.....L-.;:U~~ ............-' QkJQ~~_, __ ~ SIGNED on behalf of HER MAJESTY ) THE QUEEN IN RIGHT OF THE PRO- ) VINCE OF BRITISH COLUMBIA, ) represented herein by the Honour-) able Bruce Strachan " in )

~~l SIGNED on behalf of the PENTICTON BAND OF INDIANS by the undersigned Chief and

cou~~ f?L£ce of:

) ) ) ) ) ) ) ) ) ) )

Hon. William H. McKnight

Hon. Br~ce Strachan

or

, "

SCHEDULE "C"

THE ALIENATED CUT-OFF LANDS FROM THE RESERVES OF THE PENTICTON INDIAN BAND

a) From Penticton Indian Reserve #1

b)

FIRSTLY:

Lots 4884, 4901, 4902, 5146, 4899, 4898, 4897, 2496, 4896, 2499, 2498, 702, 5136, 4947, 4948, 5145, 4907, 4904, 5089, 5076 and that pnrt of Lot 5087 lying to the south of the North Boundary of Lot 5076.

AND SECONDLY:

Block "B" of Lot 2497, except thereout that portion of the said Block lying within Lot 5087,

all in the Osoyoos Division of Yale District.

From Penticton Indian Reserve #2

Lot 3821s, in th8 Similkameen Division of Yale District, except thereout:

a) the Northwest quarter of the East half of said Lot 3821s excepting that part lying South of Plan M187 and Lot 2, Plan 29237; and

b) that portion of Lot 1, Plan 29237 lying in the Northeast quarter of the East half of said lot 3821s.

c) From Penticton Indian Reserve #2A

Lots 3237s, 1997s and 3429s, all in the Similkameen Division of Yale District.

,.

SCHEDULE "0"

LANDS TO BE TRANSFERRED BY THE PROVINCE TO CANADA FOR THE USE AND BENEFIT OF THE BAND

IN PENTICTON INDIAN RESERVE NO.1

Block "A" of Lot 2497; and

Lots 4701, 4906, 4905, 4946, 4942, 5119, 5120 and that part of Lot 5087 lying within the boundaries of Block itA" of Lot 2497.

All in the Osoyoos Division of Yale District, except thereout:

Firstly: From Block "A" of Lot 2497 that part shown on Plan H874;

Secondly: From Lot 4701 those parts shown on Plans C14227, H14046 and H14264j

Thirdly: From Lots 5119 and 4906 that part shown on Plan H14046.

Containing in the aggregate 4934 ha (12,191.7 acres) more or less.

SUBJECT, however, to-the rights and privileges granted by Her Majesty the Queen in Right of the Province of British Columbia under and by virtue of the following rights-of-way:

1. That right-of-way granted for a term of 21 years from 9th Ju ly 1969, to Okanagan Radio Limited over Parcel "A" of Plan C8727 pursuant to Order-in-Council No. 2209/69.

2. That right-of-way granted for as long as required to West Kootenay Power and Light Company Limited pursuant to Order­in-Council No. 1135/65 as amended by Order-in-Council No. 2202/72 covering lands shown on Plan C9906.

3. That right-of-way granted for a term of 21 years from 23rd September 1964, _ to South Okanagan Television Distributors Ltd. pursuant to Order-in-Council No. 2703/64 covering lands shown on Plan CG608.

4. That right-of-way granted for as long as required to West Kootenay Power and ght Company Limited over Parcel "B", Plan C8727 pursuant to Order-in-Council No. 22io/69.

5. That right-of-way granted for as long as required to West Kootenay Power and Light Company Limited pursuant to Order­in-Council No. 2731/70 covering lands shown on Plan C9040.

. . /2

- 2 -

6. That right-of-way granted for as long as required to Inland Natural Gas Company Limited pursuant to Orders-in-Council Nos. 996/58 and 1584/60 covering lands shown on Plans CG533, CG534, CG699, CG620 and CG590.

7. That right-of-way granted for as long as required to Ylest Kootenay Power and Light Company Limited over Lots 5087, 5088, 5089, Osoyoos Division of Yale District, pursuant to Order-in-Council No. 1243/52.

8. That right-of-way granted for as long as required to Sage Mesa Water and Public Serv s Co. Ltd. pursuant to an Agree­~ent dated 11th July 1979, covering lands shown on Plan C14341.

9. That right-of-way granted for as long as required to West Bench Irrigation District pursuant to an Agreement dated 11th July 1979, covering lands shown on Plans C14342 and C14339.

IN PENTICTON INDIAN RESERVE NO •. 2

The Northwest quarter of the Similkameen Division of Yale

East half of Lot 382ls, strict, except thereout:

in the

a) those portions of Carmi Road shown on Plans B6051, Cl1456 and 29237~

b) Lots 1 and 2, Plan 29237; and

c) that part of the said Northwest quarter lying South of Plan M187.

Containing 13.1 ha (32.38 acres) more or less.

SUBJECT, however, to the rights and privileges granted by He r Majesty in Right of the Province of British Columbia under and by virtue of the following rights-of-way:

a) A right-of-way for as long as required in favour of Inland Natural Gas Company Limited for gas pipeline purposes cover­ing the area shown on Plan CG6l4 and issued purs·uant to Order-in-Council No. 1821, approved 29th July 1957;

b) A right-of-way for as long as required in favour of ~lest Kootenay Power and Light Company for transmission line pur­poses covering the area shown on Plan CG753 and issued pur­suant to Order-in-Council No. 478 approved 10th February 1971;

AND SUBJECT to the rights vested in the Corporation of the City of Penticton pursuant to by-law No. 10007, dated 22nd August 1949 to that part;. of the said lands within the boundaries of Plan r-1l87 which by-law is filed in the Land Title Of fice, Kamloops, under No. 21965.

DATF.D: 30th September 1986

BETWEEN:

HER MA,TESTY THE 0UF.F.N IN 'fHF. RIGHT OF' CANADA

OF THE FIRST PART;

AND:

HER ~AJESTY THE OUEEN IN RIGHT OF THE ~ROVINCE OF BRITISH COLUMBIA

OF ~HF. SECOND PART;

AND:

THE PENTICTON BAND OF INDIANS

OF THE THIRD PART.

AMENDI~G AGREEMENT

WORRALL SCOTT AND PAG E Barristers and Solicitors #100 - 200 Granville Street Vancouver, B.C. V6C lS4

Telephone: 689-9356

WDCW/fjm

-. /

/' 4,·

P.C. 1988-234

PRIVY COUNCIL • CONSEfL PRIVt 25 February, 1988

WHEREAS Penticton Indian Reserves No.1,. 2 and 2A, in the Province of British Columbia, are reserves within the meaning of the Indian Act, having been set apart as such for the use and benefit of the Penticton Band of Indians;

WHEREAS the Government of Canada and the Government of the Province of British Columbia entered into the McKenna-McBride Agreement on September 24, 1912, which provided for the establishment of a Royal Commission to make recommendations respecting the adjustment of the acreage of Indian reserves in British Columbia;

~mEREAS the report submitted by the Royal Commission on June 3D, 1916, recommended ~hat approximately 5,541 hectares (13,692 acres) be cut-off from Penticton Indian Reserve No.1, 130 hectares (321 acres) be cut-off from Penticton Indian Reserve No.2, and 79 hectares (194 acres) be cut-off from Penticton Indian Reserve No. 2A;

wHEREAS the British Columbia Indian Lands Settlement Act, chapter 51 of the Statutes of Canada, 1920, enabled the Governor in Council to order the reduction or cutting-off of lands from Indian reserves in British Columbia;

IlliEREAS by Order in council P.C. 1265 dated July 19, 1924, the Governor in council adjusted the acreage of Indian Reserves in British Columbia in accordance with the report submitted by the Royal Commission on June 30, 1916, thereby cutting-off approximately 5,750 hectares (14,207 acres) from Penticton Indian Reserves No.1, 2 and 2A respectively;

HREREAS by an Agreement dated March 6, 1982, between the Penticton Indian Band, Her Majesty in right of Canada and Her Majesty in right of the Province of British Columbia, the Government of the Province of British Columbia agreed to transfer the lands described in Schedule "A" hereto to the Government of Canada, to be set apart as reserves for the use and benefit of the Penticton Band of Indians in full settlement of the claim by the Penticton Indian Band for the lands cut-off from Penticton Indian Reserves No.1, 2 and 2A;

..... /2

P.C. 1988-334

2

WHEREAS on the 6th day of March, 1982, at a referendum called by the Minister of Indian Affairs and Northern Development and held in a manner similar to the procedures set out in the Indian Referendum Regulations, the Penticton Band of Indian~ considered the said Agreement between the Band, Her Majesty in right of Canada and Her Majesty in right of the Province of British Columbia, in full settlement of the claim by the Penticton Indian Band for the lands cut-off from Penticton Indian Reserves No.1, 2 and 2A;

WHEREAS the fol1.owing were the results of the vote on the referendum:

Number of eligible voters: 207

Number of persons who voted: 147

Number of voters in favour of the Agreement: 140

Number of voters against· _the Agreement: 4

Number of ballots spoiled: 3

WHEREAS section 5 of the British Columbia !ndian Cut-off Lands Settlement Act, chapter 2 of the Statutes of Canada, 1984, approved and declared any agreement described in subsection 3(1), which includes this said Agreement, to have effect as of the date of·its execution;

WHEREAS section 3 of the British Columbia Indian Cut-off Lands Settlement Act authorizes a band, or the council of a band, to enter into an agreement with Her Majesty in right of Canada and Her Majesty in right of the Province of British Columbia for the purpose of resolving and extinguishing claims in respect of cut-off lands;

WHEREAS on the 30th day of September, 1986, the Chief and Council ·of the Penticton Band of Indians, on behalf of the Penticton Band of Indians, and Her Majesty

..... /3

P.C. 1988-334

3

in right ef the Prevince ef British Celumbia and Her Majesty in right ef Canada entered into. an Amending Agreement to. amend clerical errers in the said Agreement;

AND WHEREAS, by Previncial Order in Ceuncil No.. 640 dated April 4, 1985, the administratien and centrel ef the lands described in Schedule "A" hereto. are transferred to. Her Majesty in right ef Canada upen acceptance by the Geverner in Ceuncil ef the transfer en the terms and subject to. the restrictiens and reservatiens set eut in Previncial Order in Council No.. 1036 ef 1938.

THEREFORE, HER EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL, en the recommendatien ef the Minister ef Indian Affairs and Nerthern Develepment, is pleased hereby:

(a) to. accept, from the Gevernment ef the Prevince ef British Celumbia, the transfer ef the administration and contrel ef the lands described' in Schedule "A" hereto., en the terms and cenditiens centained in the said Agreement dated March 6, 1982, and Amending Agreement dated September 30, 1986; and

(b) to. set apart the lands described in Schedule "A" hereto. as two reserves fer the use and benefit of the Penticton Band of Indians, and to. designate and name the said lands Penticten Indian Reserves No.1 and 2, respectively, in the Prevince ef British Columbia.

::::<:""':.-,E;;.;) TO Ell!!: A TRUE COpy

..: :;''"'1£ CE:RTlFllie: CONFORM!!:

~-ASSISTANT CL.E:RK OF' THE: PRIVY COUNCIL.

I....E: CRe;FF'I!!:R AOJOINT au CO"''''!!:II.... PRIVE

SCHEDULE • A·

P' ITICTON INDIAN RESERVE NO.1

Block IIAllof Lot:497; and

Lots 4701, 4906, 4905, 4946; 4942, 5119, 5120 and that part of Lot S087 lying within the boundaries of Block "A" of Lot 2497.

All in the Osoyoos Division of Yale District, except thereout:

Firstly: From Block IIA" of Lot 2497 that part shown on Plan H874;

Secondly: From Lot 4701 those parts shown on plans C14227, H14046 and H14264;

Thirdly: From lots 5119 and 4906 that part shown on Plan H14046;

containing in the aggregate 4934 ha. (12,191.7 acres) more or less.

SUBJECT, however, to the rights and privileges granted by Her Majesty the O~~en in Right of the Province of British Columbia under and by virtue of the following rights-of-way:

1. That right-of-way granted for a term of 21 years from July 9, 1969, to Okanagan Radio LiDited over Parcel "A" of Plan C8727 pursuant to Order-in-Council No. 2209/69.

2. That right-of-way granted for as long as required to West Kootenay Power and Light Company Limited pursuant to Order-in-Council No. 1135/65 as amended by Order-in-Council No. 2202/72 covering lands shown on Plan C9906.

3. That right-of-way granted for a term of 21 years from September 23, 1964, to South Okanagan Television Distributors Ltd. pursuant to Order.-in-Council No. 2703/64 covering lands shown on Plan CG608.

4. That right-of-way granted for as long as required to viest Kootenay Power and Light C .J.oany Limited over PcJ.rcel liB", Plan C8727 pursuant to Order-in-Council No. 2210/69.

I .. ,I

'i. Th.:lt right.-of-·;Jay granted for as long as required to West Kootenay Power and Light Company Limited pursua~t to Order-in-Council No. 2731/70 covering lands shown on plan C9040.

6. That right-of-way granted for as long as required to Inland Natural Gas Company Limited pursuant to Orders-in-Council Nos. 996/58 and 1584/60 covering lands shown on Plans CG533, CG534, CG699, CG620 and CG590.

7. That right-ot-way granted for as long as required to West Kootenay Power and Light Company Limited over Lots 5087, 5088, 5089, Osoyoos Division of Yale District, pursuant to Order-in-Council No. 1243/52.

8. That right-at-way granted for as long as required to Sage Mesa Water and Public Services Co. Ltd. pursuant to an Agreement dated July II, 1979, covering lands shown on Plan C14341.

9. That right-of-way granted for as long as required to West Bench Irrigation District pursuant to an Agreement dated July II, 1979, covering lands shown on plans C14342 and C14339.

IN ENTICTON INDIAN RESERVE NO.2

The nort~west q~ 'ter of the east half of Lot 38218, in Similkameen Divi ,on of Yale District, except thereout:

a) Those portio; of Carmi Road shown on Plans 86051, Cl1456 and 2' 237;

b) Lots 1 and 2 Plan 29237; and

c} that part of the said northwest quarter lying south of plan MIS7;

containing 13.11 ha. (32.28 acres) more or less.

Subject~ however, to the rights and privileges granted by Her Majesty in Right of the Province of British Columbia under and by virtue of the following rights-of-way:

a) A right-of-way for as long as required in favour of Inland Natural Gas Company Limited for gas pipeli,ne purposes covering the area shown on Plan CG6l4 and issued pursuant to Order-in-Council No. 1821, approved J,uly 29, 1957;

b) A right-of-way for as long as required in favour of West Kootenay Power and Light Company for transmission line purposes covering the area shown on Plan CG753 and issued pursuant, to Order-in-Council No. 478 approved February 10, 1971;

AND subject to the rights vested in the Corporation of the City of Penticton pursuant to by-law No. 10007, dated August 22, 1949 to that part of the said lands within the boundaries of Plan M187 which by-law is filed in the Land Title Office, Kamloops, under No., 21965.

PRIVY COUNCIL • CONSEIL PRIVE:

C.P. 1988-334 25 fevrier 1988

ATTENDU QUE 1es reserves indiennes de Penticton nOs 1, 2 et 2A, situees dans 1a province de 1a Co1ombie­Britannique, sont des reserves au sens de 1a Loi sur 1es Indiens, ayant ete mises de cote comme te11es a l'usage et au profit de 1a bande indienne de Penticton;

ATTENDU QUE 1e gouvernement du Canada et Ie gouvernement de 1a province de 1a Co1ombie-Britannique ont conciu l'entente McKenna-ticBride Ie 24 septembre 1912, laque11e prevoyait l'etab1issement d'une Commission royale chargee de faire des recommandations au sujet du rajustement de Ia superficie des reserves indiennes en Co1ombi e-Bri tannique: - -- .-...

ATTENDU QUE Ie rapport soumis par 1a Commission roya1e Ie 30 juin 1916 recommandait qu'environ 5 541 hectares (13 692 acres) soient retranches de 1a reserve indienne Penticton nO I, 130 hectares (321 acres) de la reserve indienne Penticton nO 2 et 79 hectares (194 acres) de la reserve indienne Penticton nO 2A;

ATTENDU QUE la Loi du reglement relatif aux terres des sauvages de la Colombie-Britannique, chapitre 51 des Statuts du Canada de 1920, autorisait Ie gouverneur en conseil a reduire la superficie ou a retrancher des terres des reserves indiennes en Colombie­Britannique:

ATTENDU QU'aux termes du decret C.P, 1265 date du 19 jui1Iet 1924 Ie gouverneur en consei1 rajustait la superficie des reserves indiennes en Colombie­Britannique, conformement au rapport soumis par 1a Commission roya1e Ie 30 juin 1916, et retranchait ainsi environ 5 750 hectares (14 208 acres) des reserves indiennes de Penticton nOs 1, 2 et 2A respectivement;

ATTENDU QU'aux termes d'une entente conclue Ie 6 mars 1982 entre la bande indienne de Penticton, Sa Majeste du chef du Canada et Sa Majeste du chef de la province de la Colombie-Britannique, Ie gouvernement de la province de la Colombie-Britannique autorisait Ie transfert au gouvernement du Canada des terres decrites a l'Annexe "A" ci-jointe afin qu'elles soient mises de cote a titre de reserves destin s a l'usage et au profit de la bande indienne de Penticton en qualite de reglement

..... /2

C.P. 1988~334

2

final de la revendication de la bande indienne de penticton relativement aux terres retranchees des reserves indiennes de Penticton nOs I, 2 et 2A;

ATTENDU QUE Ie 6 mars 1982, la bande indienne de Penticton, dans Ie cadre d'un referendum demande par Ie ministre des Affaires indiennes et du Nord canadien et tenu conformement aux procedures enoncees dans Ie Reglement sur les referendums des Indiens, examinait l'entente conclue entre la bande, Sa Majeste du chef du Canada et Sa Majeste du chef de la province de la Colombie-Britannique, cette entente constituant Ie plein reglement de la revendication de la bande indienne de penticton relativement aux terres retranchees des reserves indiennes de Penticton nOs I, 2 et 2Ai

ATTENDU QUE Ie scrutin tenu au moment du referendum a eu les resultats suivants :

Nombre de personnes habilitees a voter - 207 Nombre de personnes qui ont vote 147 Nombre de personnes qui ont vote en

faveur de l'entente - 140 Nombre-de personnes qui ont vote

c~ntre l'entente 4 Nombre de bulletins rejetes 3

ATTENDU QUE l'article 5 de la Loi sur Ie reglement des revendications relatives aux terres retranchees des reserves des Indiens de la Colombie­Britannique, chapitre 2 des Statuts du Canada de 1984, approuve toute entente decrite au paragraphe 3(1), y compris cette entente, et la declare applicable a compter de la date de sa signature; .

ATTENDU QUE l'article 3 de la Loi sur Ie reglement des revendications relatives aux terres retranchees des r~serves des Indiens de la Colombie­Britannique autorise une bande ou le conseil d'une bande a conclure une convention avec Sa Majest~ du chef du Canada et Sa Majeste du chef de la province de la Colombie-Britannique pour regler les revendications relatives aux terres retranchees des reserves;

. . . . . / 3

C.P. 1988-334

3

ATTENDU QUE le 30 septembre 1986, le chef et le conseil de la bande indienne de Penticton, au nom de la bande indienne de Penticton, et Sa Majeste du chef de la province de la Colombie-Britannique et Sa ~1ajeste du chef du Canada concluaient une en~ente d'amendement visant ~ modifier les erreurs d'ecriture contenues dans cette entente;

ET ATTENDU QU'en vertu du decret provincial nO 640 date du 4 avril 1985, l'administration et le contrale des terres decrites ~ l'Annexe "A" ci-jointe sont transferes ~ Sa Hajeste du chef du Canada sujet a l'acceptation par le gouverneur en conseil du transfert selon les conditions et sous reserve des restrictions enoncees dans le decret provincial nO 1036 de 1938,

A CES CAUSES, sur avis conforme du ministre des Affaires indiennes et du Nord canadien, il plait a Son Excellence le Gouverneur general en conseil:

a) d'accepter, du gouvernement de la province de la Colombie-Britannique, le transfert de l'administration et du contrale des terres decrites a l'Annexe "A" ci-jointe, sous reserve des conditions contenues dans l'entente conclue le 6 mars 1982 et dans l'entente modificatrice conclue le 30 septembre 1986; et

b) de mettre de cote les terres decrites a l'Annexe "A" ci-jointe, comme etant deux reserves destinees a l'usage et au profit de la bande indienne de Penticton et de designer ces terres sous le nom de reserves indiennes de Penticton nOs 1 et 2 respectivement, situees dans la province de la Colornbie-Britannique.

CERTIFIED TO BE A TRUe: COpy

COP'~

ASSISTANT CLERK OF THe: PRIVY COUNCIL

l..E ORe:FFIEn ADJO'NT OU CONSE'l.. PRIVE

ANNEXE "A"

LA RESERVE INDIENNE DE PENTICTON, NO 1

Le bloc "A" du lot 2497; et

Les lots 4701, 4906, 4905, 4946, 4942, 5119, 5120 et la partie du lot 5087 situee a l'interieur des limites du bloc "A" du lot 2497.

L'ensemble de la division d'Osoyoos du district de Yale, sauf:

Premierement

Deuxiemement

Troisiemement:

Du bloc HAil du lot 2497, la partie indiquee sur le plan H874;

Du lot 4701, les parties indiquees sur les plans C14227, H14046 et H14264;

Des lots 5119 et 4906, la partie indiquee sur le plan H14046;

contenant au total environ 4934 hectares (12 191,5 acres).

SOUS RESERVE, toutefois, des droits et privileges 'accordes par Sa Majeste la Reine du chef de la province de la Colombie-Britannique en vertu des droits de passage suivants:

1. Le droit de passage accorde pour une duree de 21 ans a compter du 9 juillet 1969 a la Okanagan Radio Limited a l'egard de la parcelle "A", indiquee sur Ie plan C8727, aux termes du decret nO 2209/69.

2. Le droit de passage est necessaire a la Company Limited aux parle decret nO 2202/72 sur le plan C9906.

3 . ,

Le droit de passage accorde pour une duree de 21 ans a compter du 23 septembre 1964 a la South Okanagan Television Distributors Ltd. aux termes du decret nO 2103/64 visant les terres indiquees sur le plan CG608.

4. ~c droit de passage accord~ pour aussi Iongtemps qu'il est recessaire a Ia West Kootenay Power Jnd Li$ht Company Limited a l'egard de la parcelle "8", lndiquee sur Ie plan C8727, aux termes du decret nO 2210/69.

5. Le droit de passage accorde pour aussi longtemps qu'il est necessaire a la West Kootenay Power and light Company Limited aux termes du decret nO 2731/70 visant les terres indiquees sur Ie plan C9040.

6. Le droit de passage accorde pour aussi longtemps qu'il est necessaire a la Inland Natural Gas Limited aux termes des decrets n 99 5 et 5 4 60 v~sant les terres indiquees sur les plans CG533, CG534, CG699 , CG620 et CG590.

7. Le droit de passage accorde pour aussi longtemps qu'il est necessaire a la West Kootenay Power and Light Companr Limited a l'egard des lots 5087, 5088 et 5089 de la div1sion d'Osoyoos dudistrict de Yale , aux termes du decret nO 1243/52.

8. Le droit de passage accorde pour aussi longtemps qu ' il est necessaire a la Sage Mesa Water ans Public Services Co. Ltd. aux termes d'une entente en date du 11 jUillet 1979, visant les terres indiquees sur Ie plan C14341.

9. Le droit de passage accorde pour aussi longtemps qu'il cst n~cessaif~'au West Bench Irrigation District aux ter~es d'une entente en date du 11 juillet 1979, visant les terres indiquees sur les plans C14342 et C14339.

LA R~SERVE INDIE~NE DE PENTICTON, NO 2

Le quartier nord-ouest de la moitie est du lot 38218, dans la division de Similkameen du district de Yale, sauf:

a) les parties du chemin Carmi indiquees sur les plans B605l 1 Cl1456 et 29237;

b) les lots 1 et 2 indiques sur le plan 29237; et

c) la partie du quartier nord-ouest situee au sud du plan MlS7;

contenant environ 13 / 11 hectares (32,28 acres).

Sous reserve, toutefois, des droits et privileges accordes par Sa Majeste la Reine du chef de la province de la Colombie-Britannique en vertu des droits de passage suivants:

a) Un droit de passage pour aussi longtemps qulil est necessaire en faveur de la Inland Natural Gas Company Limited aux fins d'amenagement d'un gazoduc, visant la region indiquee sur Ie plan CG614 et accorde aux termes du decret nO 1821, approuve le 29 juillet 1957;

b) Un droit de passage pour aussi longtemps qulil est necessaire en faveur de la West Kootenay Power and Light Companf Limited aux fins d'am~nagement de lignes de transmlssion, visant la region indiquee sur le plan CG753 et accorde aux termes du decret nO 478, approuve le 10 feyrier 1971;

ET sous reserve des droits dont est investie la municipalite de Penticton en vertu du reglement nO 10007, en date du 22 aoGt 1949, ~ Ijegard de la partie des terres situee a l'interieur des limites du plan MIS? qui est enregistre au bureau cadastral de Kamloops sous le numero 21965.

"

BRlTISH ~.>.~"( COLUMBLA '--,-1.,

:r: .. _ . :;,~.-- ~ ..... ~ 330 I hereby certify fhal the following is .II true copy of •

Minule of Ihe Honourable I::e Excc:J!ive Council of ttTe Provlncc of British ("cI.H;;!;i:l ::il;:;ovcd by ~:is

Honour the Admi:lblr:!or. APPROVED A.'1D ORDERED ~!l"--f:.i;:a4

Order-in-Council Clntodlan Adminisrraror

ExECUTIVE COUNCIL CHAMBERS, VICTORIA ~n -5.i994

. Adminlsrraio, On the reco=eodauon of the undersigned, the ~~e:-. by and with the advice and consent

of the E~ecutive CouDcil, orders that

1. The administration, control and benefit of the land described in SChedule "AM of this order is, sUDJect to sections land 3 of this order, transferred in perpet~ity to Her Majesty the Queen in ri~ht of Canada, in trust for the use and benefit oE the penticton Indian Band, sUbject to the riyht of Canada to deal with the land in such manner as it deems best suited for the ~urVose of the Penticton Indian Band includiny the right to sell the land and use the ~roceeds for tne Denefit of tne Penticton Indian Band.

2. The transfer is subject to the following terms, reservations and restrictions:

(a) the Province, or any ~erson actin~ for it, shall subject to Vara~raph (cl have the right to resume any Vart of the land whicn it may be deemed necessary to resume for makiny roads, canals, bridyes, towin~ vatns or other works of public utility or convenience but not exceedin~ 1/20 part of the whole of the land and no resum~tion snall be made of ani land on whiCh a buildiny has been erected, or which may be in use as a yarden or otherwise for the more convenient occupation of a buildinY1

(b) any person authorized by the Province snall SUbject to para~ra~h (cl have the ri~ht to take and occupy water pdvile~cs and to have and enJoy ri'::lhts of carryin-,J watl;!r over, through or under any ~art of the land, as may De reasonably required for minin~ or a~ricultural purVoses in the vicinity of the land, payin~ a reasonable compensation to Canada, in trust, for the use and benetit of the Penticton Indian ~and;

(el the federal minister for the time beiny responsible tor Indian Affairs Shall be advised of any work contemvlated under the precedin~ para~ravhs and shall be furniShed with plans showinJ the location ot the worK and a reasondble time shall be allowed for consideration of the plans and for any necessary adjustments or drranyements in connection with the Vrovosect work.

File 014tl17tl (ThiJ parr iJ Ivr admini!lrulI'·' PIIIPU"! ."J iJ "at purl vlth. Order.)

i\utborily und<:r whico Order is mlde:

- 2 -

(d) any ~e,son authorized by the Province shall have the ri~ht to take from any ~art of the land any ~ravel, sand, stone, lime, timber or other ~aterial which m3Y De re4uired in the construction, ~aintenance or re~air ot any road, ferr:y, br:id~e or: other ~ublic work, payin~ to Canada, in tr:ust, for the use and benefit of the Penticton Indian Band a r:easonable com~ensation for any mater:ial taken for use outside tne boundaries of the land;

(e) all tr:avelled streets, r:oads, tr:ails, other: hiyhways and forest service roads existin~ over or: throu~h the lands . at the date this or:der comes into effect are exce~ted and reserved fr:om this tr:ansfer;

(f) this transfer is SUbject to the r:iyhts, titles and inter:ests of the holder:s of any easement, r:iyht of way, char:ye or: encumbr:ance descr:ibed in the SChedule to this or:der whether: or: not it is r:e~ister:ed in tne Land Title Office.

3. This or:der shall come into effect on the date that the Governor: in Council of Canada, byor:der:, accepts this tr:ansfer: On the ter:ms and subject to the reser:vations and r:estrictions set out in this or:der:.

~ MiniSter:OfL3I1 Pa r: ks .. Hous i ny

Pr:esidiny Member: of tne Executive Council

SCHEDULE "A"

IN PENTICTUN INDIAN RESEKV~ NU. 1

Block "A" of Lot 2497; and

Lots 4701, 5089, 5087, 4906, 4~05, 4~46, 4~4l, 511~, and )120

All in the usoyoos Division of Yale Oist~ict, exce~t tne~eout:

Fi~st1i: F~om ~lock "A" of Lot 24~7 that ~a[t shown on Plan H874

Secondly: F~om Lot 4701 those pa~ts shown on Plan~ C14227, H14046 and rl14264

Thirdly: From Lots 5119 and 4906 that part shown on Plan H14046

fourthly: From Lot 5087 that part lyin~ within the bounda~ies of Block "B" of Lot 2497

Containing in the ayy~egate 4941.737 ha (12,211.2 acres) more o~ less;

SUBJECT, however, to the rights and ~rivileges yranted by Her Majesty the Queen in Right of the p~ovince of ti~itish ColuffiDia under and by virtue of the following rights-of-way:

1. That right-of-way granted for a term of 21 years f~om July ~, 1969, to ukanagan Radio Limited' ove~ Pa~cel "A" of Plan C8727 pursuant to Order-in-Council No. 2209/69.

2. That ~iyht-of-way granted fo~ as lony as ~equired to West Kootenay Power and Li~ht Company Limited pursuant to urder-in­Council No. 1135/65 as amended by u~de~-in-Council No. 22Ul/7L cove~iny lands shown on plan C~~Ob.

3. ~hat ri~ht-ot-way ~ranted for a term ot 21 years from Se~tembe~ 23, 1964, to South Okanayan Television Distributors Ltd. ~ursuant to O~der-in-Council No. 27U3/64 cove~in~ lands shown on plan CG608.

4. That ~iyht-of-way g~anted fo~ as long as requi~ed to west Kootenay Powe~ and Liyht Company Limited over parcel "~", ~lan C8727 ~ursuant to Order-in-Council No. 2210/69.

5. That ~ight-of-way yranted fo~ as long as ~e4ui~ed to west Kootenay Powe~ and Li~ht Com~any Limited pu~suant to u~de~-in­Council No. 2731/70 cove~iny lands shown on plan C9040.

6. That ~ight-of-way y~anted Eor as lon~ as ~equi~ed to Inland Natural Gas Company Limited ~ursuant to urde~s-in-Council Nos. 996/58 and 1584/66 cove~in~ lands shown on plans CG~33, CG534, CG699, CG620 and CG59U.

7. That ~i~ht-ot-way d~anteJ to~ as lony as required to west Kootenay Power and Light Company Limited over Lots 5087, 5088, 5089, usoyoos Division ot Yale District, ~ursuant to urde~-in­Council ~o. 1243/52.

8. That ~iyht-of-way granted to~ as tony as ~equired to Saye Mesa Wate~ and public Services Co. Ltd. ~ursuant to an Ad~eement dated July 11, 1~79, cove~iny lands shown on Plan C14341.

9. That right-of-way y~anted Eor as lonJ as ~e4uired to ~est 8ench I~~i~ation District pursuant to an A~~eement dated July 11, 1979, covering lands shown on Plans C14342 and C14339.

IN P~NTICTUN INOIA~ RESEKV~ NU. 2

The Not"th ..... est '-1uat"tet" of the Eas t ha 1 f of Lot 3821 s, in the Similkameen Division·of Yale Olstt"ict, except thet"eout:

a) those pot"tions of Cat"mi Road shown on Plelns t;6U:>1, C114:>6 elnd 29237;

b) Lo t 1, P 1 a n H 2 J 7; and'

c) that pat"t of the said not"thlolest quat"tet" lyin~ south of plan M1l:17;

Containiny 13.16 ha (32.51 act"es) mot"e ot" less.

Subject, hOlolevet", to tne t"i~hts and pt"ivile~es ~t"anted by Het" Majesty the Queen in Ri~ht of the Pt"ovince of Bt"itish Columbia undet" and by vit"tue of the follololin~ t"i~hts-of-loIay:

a) A t"i~ht-of-Iolay fot" as lony as t"e4uit"ed in favout" of Inland Natut"al Gas Company Limited fot" ~as pipeline put"poses covet"in~ the at"ea shown on Plan CG614 and issued put"suant to Ot"det"-in­Council No. 1821, ap;?t"oved July 29, 1957;

b) A d'dht-of-Iolay for as lon~ as t"e4uit"ed in favout" of west Kootenay Power and Li~ht Com;?any fot" tt"ansmission line put"poses covet"in~ the at"ea shown on Plan CG753 and issued put"suant to order~in-Council No. 478 approved Februart lU, 1971 ;

AND subject to the t"i~hts vested in the Cot"pot"ation of the City of Penticton put"suant to by-law No. 100U7, dated Auyust 22, 1949 to that part of the said lands within the boundaries of Plan Ml87 which by-law is filed in the Land Title Office, Kaml06ps, unde~ No. 21965.

• < ~$i BRITiSH l~ COLUMBIA

b 'f ' , f '-i:3 ·l ~rt Y Ctr11 y !h~[ \!IC f') li<.l II ::1; C; :l true eepy 0 J

640 Millut~ of the Hurtl'!lr:lote lhe E);~CU1lye Council n! (b~ Province of Brltbh Ce!umbi:.l approved try H. Honour lhe Licut~nant-GovM'oor, APPROVED AND ORDERED APR. -Hi8S

EXECUTIVE COUNCIl. CHAMBERS, VIClORLA APR. -3.1985

On the recommendation of the undersigned, the LieulcnarU-Governor, by and with the advice and consent

of the Executive Council. olders that Order-in-Council 390/64 is amended by

repealing Schedule nAn and sUbstituting the 'attached Schedule "An.

/

(This pori IS Ivr odm'nislr~li," purpoJ<s on;! is '1<" p<J.rl <.Illhe Order.) (F i 1 e: 0148 17 8

AULilOtily under "'hicb Order is made:

Act llla se'tion ......... I.::.d.~."':r-: .... <:: ll:.~.:!?~~ .... ~.Cl..::~.~ .. _t?.~.~p.\f..~.~.::! .... f.\~.t:.._ Cl:n.5! ... ~~.~~._~.<:=.t:. .... : .... §.~..c.t i 0;1 2

Other (speCIfy) ...... grd E:.:;.::-.. -l. n;:-.GOUl)9. i..l .... J.9 0/..83 .. ... ~ ........ __ .... _-_ .... . '_""'_"'*_"~ __ H·_~··_··_····_

SCHEDULE • A"

I

Block "A" oE D:>t 2497; and

Lots 4701. 4906, 4905. 4946, 4942, 5119, ;;.nd 512(') ~nd that part of Lot 5087 lying ..... ithi'" the bound'l.ries oE Block "~" of Lo t 2497

All in the Osoyoos Division of Yale District. except thereout:

Firstly: From Block "A" 'of D:>t 2497 that part sho ..... n on Plan H874

Secondly; From Lot 4701 those parts sho ..... n on Plans C14227, H14046 and H14264

Thirdly: from Lots 5119 ana 4906 that part sho ..... n on Plan H14046

Containing in the aggregate 4934 ha (12,191.7 acres) more or less;

SUBJ~CT, ho ..... ever, to the riqhts and privileqes grantp.d by ~er Majesty the Queen in Right of the Province of British Columbia under and by virtue of the follo ..... ing rights-of- ..... ay:

1. That right-of- ..... ay for a term of 21 years from .July q, 1969, to Okanagan Radio Limited over Parcel "A" of Plan C[1727 pursuant to Order-in-Council No •. 2209/69.

2. That right-of- ..... ay granted for as lonq as required to vlest Kootenay Po ..... er and Light Company Limited pursuant to 0rder-in­~Council No. 1135/65 as amended by Order-in-Council No. ??.02/72 covering lands sho ..... n on Plan C9906.

3. That right-of-..... ay granted for a term of 21 years from September 23, 1964, to South Okanagan Television Distributors Ltd. pursuant to Order-in-Council No. 2703/64 covering lands sho ..... n on Plan CG608.

4. That right-of- ..... ay grantp.d for as long as required to West Kootenay Po ..... er and Light Company Limited over Parcel "B"I ?lan C8727 pursuant to Order-in-Council No. ?.210/69.

5. That ri.ght-of-way granted for as long as requi.red to W~st Kootenay Power and Light Company Limited pursuant to Order-in­Council No. 273L/70 covering lands shown on Plan CQn40.

6. That right-of-way granten for as long as required to Inland Natural Gas Company Limited pursuant to Orders-in-Council Nos. 996/58 and 1594/60 coverinq lands shown on Plans CG531, CG534 1 CG699 1 CG~20 and CG590.

7. That right-oE-way granted Eor as long as r~guired to West Kootenay- Pe ..... er and Light COl'1pany Limitec1 over Lots 'ina7 1 SORR, 5089, Osoyoos Division of Yale District, oursuant to Order-in­Council No. 1243/52.

8. That right-of-way granted for as long as require~ to S~qe Mesa Water and Public Services Co. Ltd. pursuant to an Aqreement dated Ju1.y 11, 1979, covering lands shown on Pl?n C14141.

9. That right-of-way granted for as lonq as required to \oIest Bench Irri~~tion Oistrict pursuant to an Alreemp.nt n~ten July 11, 1979, covering lands shown on Pl'l.ns C14342 and C143)9.

L

IN PENTICTON INDIAN RESERVE NO.2

The Northwest quarter of the East half of Lot 3821s. in the Similkameen Division of Yale District. except thereout:

a) those portions of Carmi Road shown on Plans 86051. Cl1456 and 29237;

b) Lots 1 and 2 Plan 29237; and.

c) that part of the said northwest quarter lying south of Plan M187;

Containing 13.11 ha (32.38 acres) more or less.

Subject. however, to the rights and privileges granted by Her Majesty the Queen in Right of the Prov{nce of British Columbia under and by virtue of the following rights-of-way:

a) A right-of-way for as long as required in f~vour of Inland Natural Gas Company Limited for gas pipeline purposes covering the area shown on Plan CG614 and issued pursuant to Order-in­Council No. 1821. approved July 29, 1957;

b) A right-of-way for as long as required in favour of West Kootenay Power and Light Company for transmission line purposes covering the area shown on Plan CG753 and issued pursuant to Order-in-Council No. 478 approved February 10, 1971;

AND subject to the rights vested in the Corporation of the City of Penticton pursuant to by-law No. 10007, dated August 22, 1949 to that part of the said lands within the boundaries of Plan M1S7 which by-law is filed in the Land Title Office, Kamloops, under No. 21965.

- 3 -

lands from the Band's Reserves following the McKenna-

McBride Royal Commission Report of 1916.

iii) That the Band on the said referendum approved and

ratified this document of approval and authorized its

execution by the signatures of the Band, and at least

two (2) Councillors of the Band, and authorized that it

be appended as Schedule "B" to, the Settlement Agreement

when so executed, along with the Schedules marked "A",

"C II, "J::l:', liE", and "F" attached to and forming part of

the Settlement Agreement.

AND we, the ,undersigned Chief and Councillors of the Penticton

Indian Band, do on behalf of our people and for ourselves hereby

ratify and confirm whatever He~.Majesty the Queen in Right of

Canada may do or cause to be done in regard to the lands cut-off

from the Band's former Reserves as aforesaid, subject only to

the terms and conditions contained in the Settlement Agreement.

IN NITNESS ImEREOF we have hereunto set our hands and affixed /

/ . ' I . L . , seal this / .. day of // .-' in the Year·of Our Lord,

One Thousand, Nine Hundred and Eighty-Two.

SIGNED,

Nitness

NAME

L.tnH'J ADDRESS

DELIVERED IN THE PRESENCE OF:

natures

~~~ C,,"~~~-I­~~

• I

COUNC,I'LLOR (

i

I

our