CHAP. 32. An Act respecting the Rocky Mountains Park of Canada. [Assented to 23rd June, 1887.] WHEREAS it is expedient in the public interest that a Preamble. national park and sanatorium should be set apart and established in the North-West Territories: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: defined. 1. The tract of land comprised within the limits herein- Limits of park after set forth, that is to say: commencing at the easterly end of Castle Mountain Station grounds, on the Canadian Pacific Railway, as shown on a plan of right of way filed in the Department of Railways and Canals by the Canadian Pacific Railway Company, thence on a course about south thirty-five degrees east, ten miles more or less to a point in latitude seven minutes, six seconds and ninetysix hundredths of a second south of the point of commencement, and in longitude seven minutes, fifty-four seconds and ninety-eight hundredths of a second east of the point of commencement; thence on a course about north fiftyfive degrees east, twenty-six miles more or less to a point in latitude five minutes, forty-six seconds and twenty hundredths of a second north of the point of commencement, and in longitude thirty-seven minutes, twenty-three seconds and thirty-one hundredths of a second east of the point of commencement; thence on a course about north thirty-five degrees west, ten miles more or less to a point in latitude twelve minutes, fifty-three seconds and ninetyone hundredths of a second north of the point of commencement, and in longitude twenty-nine minutes, thirty-two seconds and thirty-eight hundredths of a second east of the point of commencement; thence on a course about south fifty-five degrees west, twenty-six miles more or less to the place of commencement, containing by admeasurement two hundred and sixty square miles, be the same more or less, ed withdrawn so far as the title to the said tract of land, in whole or in Park so definpart, is now vested in the Crown, is hereby withdrawn from sale, &c. from sale, settlement and occupancy under the provisions of "The Dominion Lands Act" or any regulations made under the said Act or any other Act with respect to mining or timber licenses or any other matter whatsoever. Park set apart for public purposes. No settling thereon. Control by Minister of the Interior. Care and 2. The said tract of land is hereby reserved and set apart as a public park and pleasure ground for the benefit, advantage and enjoyment of the people of Canada, subject to the provisions of this Act and of the regulations hereinafter mentioned, and shall be known as the Rocky Mountains Park of Canada. 3. No person shall, except as hereinafter provided, locate, settle upon, use or occupy any portion of the said public park. 4. The park shall be under the control and management of the Minister of the Interior, and the Governor in Council may make regulations for the following purposes: (a.) The care, preservation and management of the park management. and of the watercourses, lakes, trees and shrubbery, minerals, natural curiosities and other matters therein contained; (b.) The control of the hot springs situate in the said park, and their management and utilization for purposes of bathing and sanitation and in every other respect; Hot springs. Lease or sale of lands. Mines and mining. Trade. Pasturage and hay. Trespassers. Powers generally. Penalties for contravention. Publication of (c.) The lease for any term of years of such parcels of land in the park as he deems advisable in the public interest, for the construction of buildings for ordinary habitation and purposes of trade and industry, and for the accommodation of persons resorting to the park; (d.) The working of mines and the development of mining interests within the limits of the park, and the issuing of licenses or permits of occupation for the said purposes; but no lease, license or permit shall be made, granted, or issued under this or the next preceding paragraph of this section which will in any way impair the usefulness of the park for the purposes of public enjoyment and recreation; (e.) Trade and traffic of every description; (f.) The preservation and protection of game and fish, of wild birds generally, and of cattle allowed to pasture in the park; (g) The issuing of licenses or permits for the pasturage of cattle, and the management of hay lands; (h.) The removal and exclusion of trespassers; (i.) And generally for all purposes necessary to carry this Act into effect according to the true intent and meaning thereof: 2. The Governor in Council, may, by the said regulations, impose penalties for any violation thereof, not exceeding in each case the sum of fifty dollars or, in default of payment with costs, imprisonment for not more than three months. 5. Every regulation made as aforesaid, shall, after publicaregulations. tion for four consecutive weeks in the Canada Gazette, and in any other manner that may be provided thereby by the Governor in Council, have the like force and effect as if it was herein enacted, and such regulations shall be laid before before Parliament within fifteen days after its first meeting thereafter. 6. Nothing in this Act contained shall affect the obliga- Certain rights tions of the Government (if any) arising out of the conditions saved. of the acquisition of the North-West Territories. 7. This Act may be cited as "Rocky Mountains Park Act, Short title. 1887." OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. Preamble. Determination of membership of band. Witnesses may be summoned and examined under oath. Penalty for non-compliance with summons. Sub-section 5 of section 26 repealed. Section 27 repealed; new provision. Punishment of Indians trespassing on land of other Indians. CHAP. 33. An Act to amend "The Indian Act." [Assented to 23rd June, 1887.] HEREAS it is expedient to amend the Revised Statutes of Canada, chapter forty-three intituled "An Act respecting Indians: " Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Superintendent General, may, from time to time, upon the report of an officer, or other person specially appointed by him to make an inquiry, determine who is or who is not a member of any band of Indians entitled to share in the property and annuities of the band; and the decision of the Superintendent General in any such matter shall be final and conclusive, subject to an appeal to the Governor in Council. 2. The Superintendent General, his deputy, or other person specially authorized by the Governor in Council, shall have power, by subpoena issued by him, to summon any person before him and to examine such person under oath in respect to any matter affecting Indians, and to compel the production of papers and writings before him relating to such matters; and if any person duly summoned neglects or refuses to appear at the time and place specified in the subpoena upon such person duly served, or refuses to give evidence or to produce the papers or writings demanded of him, may, by warrant under his hand and seal, cause such person, so refusing or neglecting, to be taken into custody and to be imprisoned in the nearest common gaol, as for contempt of court, for a period not exceeding fourteen days. 3. Sub-section five of section twenty-six of the said Act is hereby repealed. 4. The twenty-seventh section of the said Act is hereby repealed and the following section substituted therefor : "27. Every Indian who, without the license in writing of the Superintendent General, or of some officer or person deputed by him for that purpose, cuts, carries away or removes from the land of an Indian who holds a location title, or who is otherwise recognized by the department as the occupant of such land, any of the trees, saplings, shrubs, underwood, underwood, timber or hay thereon, or removes any of the Or removing stone, soil, minerals, metals or other valuables off the said certain things. land; and every Indian who, without license as aforesaid, cuts, carries away or removes from any portion of the reserve of his band, for sale and not for the immediate use of himself and his family, any trees, timber or hay thereon, or removes any of the stone, soil, minerals, metals or other valuables therefrom, for sale, as aforesaid, or who cuts or Or cutting or uses any pine or large timber for any other purpose than for using pine or large timber building on his own location or farm, unless with the consent without conof the band and the approval of the Superintendent General, sent. shall incur the penalties provided in the next preceding Penalty. section in respect to Indians of other bands and other persons, and the same proceedings may be had for the recovery thereof as are provided for in the said section." 5. The thirty-fifth section of the said Act is hereby Section 35 amended by striking out the words "If any" in the first line amended. thereof and by substituting therefor the words following, that is to say "No portion of any reserve shall be taken for the purposes of any railway, road or public work without the consent of the Governor in Council, and if any.' 6. The sixty-second section of the said Act is hereby re- Section 62 repealed; new pealed and the following section substituted therefor :- provision. "62. Any officer or agent acting under the Superinten- Seizure of dent General may seize or cause to be seized in Her Majes- trees cut ty's name any logs, timber, wood or other products of trees without or any trees themselves, cut without authority on Indian lands or on an Indian reserve, wherever they are found, and place the same under proper custody until a decision can be had in the matter from competent authority." แ anthority. of mixture of or reserves 7. The sixty-third section of the said Act is hereby Section 63 repealed; new repealed, and the following section substituted therefor: provision. 63. When the logs, timber, wood or other products of Presumption trees cut without authority, or the trees themselves so cut of law in case without authority on Indian lands or on an Indian reserve, timber cut on have been made up or intermingled with other trees, wood, Indian lands timber, logs or other products thereof, into a crib, dram or with timber raft, or in any other manner, so that it is difficult to dis- cut elsewhere. tinguish the timber cut on a reserve or on Indian lands without license from the other timber with which it is made up or intermingled, the whole of the timber so made up or intermingled shall be held to have been cut without authority on a reserve or on Indian lands, and shall be seized and forfeited and sold by the Superintendent General or any officer or agent acting under him, unless evidence satisfactory to him is adduced showing the pro- Exception. bable quantity not cut on a reserve or on Indian lands." 8. The seventy-second section of the said Act is hereby repealed and the following section substituted therefor : Section 72 repealed; new provision. |