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In This Volume

  • 373 In addition to the limits of liability established under sections 294.6 and 303, neither the assurance fund under Part 19.1, nor the assurance fund under Part 20, nor the Land Title and Survey Authority nor the minister is, under any circumstances, liable for compensation for loss, damage or deprivation
  • (a) occasioned to or suffered by a person entitled to an estate or interest in Indian land that subsisted at the time an application under section 368 is made, as a result of the operation of this Part,
  • (b) occasioned to or suffered by Canada, a band, a member of the band or any other person under a trust or fiduciary duty affecting Indian land existing at the time Indian land is conveyed by the Crown or because of a breach of that trust or fiduciary duty,
  • (c) occasioned by an ultra vires or unlawful act of the band or its council, by any lack of capacity on the part of the band or its council to hold or dispose of land, or by the improper use of the seal of either of them, or
  • (d) occasioned by or suffered in consequence of an amendment or repeal of all or part of a law referred to in section 367(2)(b), 368(2)(a) or 373.1(1) unless the amendment or repeal has been approved by the minister in writing.

1979-219-373; 1988-41-1, effective December 23, 1988 (B.C. Reg. 487/88); 2003-66-35; 2004-66-128, effective January 20, 2005 (B.C. Reg. 16/2005).