Mr. Speaker, it is a pleasure to speak to Bill C-36, the Split Lake Cree First Nation Flooded Land Act.
This legislation comes as a result of a Manitoba hydro project initiated back in the 1940s. This project flooded 11,800 acres of land on five Indian band reserves. This economic development project flooded 10 per cent of the reserve lands with negative consequences for the bands at Split Lake, Cross Lake, Nelson House, Norway House and York Factory affecting their traditional activities.
Negotiations in the 1970s to deal with the effects of the Lake Winnipeg regulations and Churchill River diversion projects led to an economic development known as the northern flood agreement. In 1977 this agreement was signed by the five bands, Canada, Manitoba and Manitoba hydro. This agreement turned out to be unsatisfactory in the ensuing 10 years due to ambiguities in such areas as reserve land compensation and social aspects including employment and environmental issues.
These uncertainties led to another agreement among the Split Lake Cree, Canada, Manitoba and Manitoba Hydro in June 1992. This agreement calls for compensation in dollars and lands and other benefits. Specific agreements with the other four bands are in the course of negotiation.
The Split Lake agreement requires the governments of Canada and Manitoba to recommend legislation implementing the agreement. That is why we are here.
Bill C-36 provides that moneys payable to the Cree pursuant to an agreement by Canada, Manitoba, Manitoba Hydro and the Split Lake Cree dated June 24, 1982 are not paid to the federal government and then administered under the Indian Act, but rather to a band trust for administration.
This bill also provides that the fee simple lands to be provided by the province to the Cree are not subject to becoming special reserves under the Indian Act. This act also provides that individual Cree as well as the band or its agents can bring certain claims against Manitoba Hydro. Manitoba arbitration law will apply in this regard.
The approval of the 1977 and 1992 agreements are not the issue here, only the exemptions and rights under the provisions.
I just mentioned that this is a unique situation concerning specific claims arising through unusual circumstances. Those circumstances are the flooding and therefore loss of reserve land for a hydro project.
Background briefing provided by the department is sketchy in some areas and this gives rise to some questions. For example, my party is concerned with the administration of the trust fund. We would like to be sure that generally accepted accounting principles are followed and that there will be accountability.
As well we ask if fee simple lands involved in a transfer replacement here are to be held by the band collectively. If they are, can they be sold and to whom? If they are sold, who will receive the proceeds from the sale? These are operative questions and we do not have the answers. Furthermore, concerning taxation it is unclear if the fee simple lands are subject to property taxation. It would be preferable to clear up these loose ends.
The Reform Party supports legitimate native grievances and Bill C-36 addresses a grievance. We trust checks and balances were put in place in negotiations with the input and participation of the province of Manitoba and Manitoba Hydro.