P.C. 1981-499
26 February 1981
WHEREAS by Order in Council P.C. 2913 dated April 14, 1942, under
the authority of the War Measures Act, it was ordered that part of the lands described in
the schedule hereto be appropriated for use by the Department of National Defence and that
compensation be paid to the Kettle and Stoney Point Band of Indians for the lands not to
exceed $50,000, including cost of removal of Indian families, their buildings and
chattels;
WHEREAS by the said Order in Council it was acknowledged that, if,
subsequent to the termination of the war, such part of the lands described in the schedule
hereto was not required by the Department of National Defence, negotiations would then be
entered into to transfer such part back to the Kettle and Stoney Point Band of Indians at
a reasonable price to be agreed to by mutual agreement;
WHEREAS the Kettle and Stoney Point Band of Indians dispute the
continued retention of such part of the lands described in the schedule hereto by the
Department of National Defence;
WHEREAS a further part of the lands described in the schedule hereto
were originally part of the Stoney Point Indian Reserve, which had been surrendered and
sold to private interests from whom it was acquired by the Department of National Defence
for military purposes, as a result of Order in Council P.C. 7820 of October 6, 1944;
AND WHEREAS the potential of all the said lands described in the
schedule hereto for agricultural or other commercial development is seriously compromised
due to the possible presence of unexploded munitions.
THEREFORE, HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL, on the
recommendation of the Minister of National Defence, the Minister of Indian Affairs and
Northern Development and the Treasury Board, pursuant to National Defence Vote 5 of
Appropriation Act No. 1, 1980-81, is pleased hereby
a. to direct that a sum not to exceed $2,426,535.95 as compensation
for that part of the lands described in the schedule hereto that were appropriated by the
Department of National Defence in 1942 under the authority of Order in Council P.C. 2913
of April 14, 1942 and a sum not to exceed $115,889.35 for band expenses and legal fees be
held by Her Majesty in right of Canada for the use and benefit of the Kettle and Stoney
Point Band of Indians;
b. to transfer, pursuant to section 35 of the Public Works Act, the
management, charge and direction of the mines and minerals whether precious, base, solid,
liquid or gaseous in, on or under all the lands described in the schedule hereto and all
surface sand or gravel and timber upon all the said lands from the Minister of National
Defence to the Minister of Indian Affairs and Northern Development for the use and benefit
of the kettle and Stoney Point Band of Indians subject to an agreement satisfactory to the
Minister of National Defence respecting the exploration of the said mines, minerals, sand,
gravel, and timber; and
c. to direct, pursuant to section 35 of the Public Works Act, that
upon all the said lands described in the schedule hereto or any part or parts thereof
being no longer required for military purposes, the management, charge and direction of
the surface thereof shall then be transferred to the Minister of Indian Affairs and
Northern Development and the lands shall be set apart for the use and benefit of the
Kettle and Stoney Point Band of Indians as a further addition to their said reserve, the
whole without any commitment by the Crown to decontaminate the lands or guarantee that
entry upon the lands can be made without risk.
