Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 1
bitration shall be determined solely by the Judge so designated, provided, however that he shall hear the parties, shall hear evidence, shall determine the issue between the parties, may consult experts, and is empowered to award compensation. (4) The arbitrator shall determine any dispute submitted to arbitration pursuant to this Agreement and the arbitrator in determining a dispute shall have regard inter alia to the following considerations: (a) in determining a dispute submitted to arbitration pursuant to paragraphs 6(4), 6(13), 11(2), 11(3) and 11(4) the arbitrator shall consider the principle underlying this Agreement that the net profit, gross revenue, royalties or any like proceeds from the disposition of coal, Petroleum and Natural Gas shall be shared equally between Canada for the use and benefit of the Band, and the Province; (b) in determining a dispute under paragraph 7(5) the arbitrator shall consider general geological and engineering principles and those particular principles concerning the recoverability of gas or gases. (5) The decision of the arbitrator shall be final and binding on the parties. (6) The provisions of the Arbitration Act , R.S.B.C. 1960, c. 14, except such as are inconsistent with any of the provisions of this Agreement, shall apply to a submission to arbitration pursuant to this Agreement. 13 SURRENDER BY THE BAND The rights, duties and obligations created by this Agreement are conditional upon Canada obtaining from the Band, in accordance with the provisions of the Indian Act , a surrender in the form attached as Schedule “B” hereto. In the event that Canada does not obtain such surrender this Agreement shall be null and void as if it had never been executed. 14 SPECIAL LEGISLATION Canada shall recommend to Parliament and the Province shall recommend to the Legislative Assembly of British Columbia, special legislation giving effect to, declaring valid, and, where necessary, giving force of law to the provisions of this Agreement with effect as of January 1, 1977, and Canada and the Province shall take all other necessary measures to implement the terms of this Agreement. 15 COMING INTO FORCE OF AGREEMENT This Agreement shall come into force as of January 1, 1977. 16 INTERIM FINANCIAL PROVISIONS (1) All monies payable under this Agreement by the Province to Canada for the use and benefit of the Band shall, until the passage of the federal and provincial legislation referred to in paragraph 14 hereof, be paid by the Province into a separate account under the joint direction of Canada and the Province, such joint direction being in substantially the same form as contained in Schedule “D” of this Agreement. (2) Within thirty (30) days of the passage of the federal or provincial legislation referred to in paragraph 14 hereof, whichever is the later date, Canada and the Province shall take all necessary steps to transfer all monies so held, together with all accumulated interest, to Canada for the use and benefit of the Band in accordance with paragraph 6 hereof. (3) In the event that either the federal or provincial legislation referred to in paragraph 14 hereof is not passed 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 the Province and this Agreement shall be null and void as and from January 1, 1977. 17 HOUSE OF COMMONS CLAUSE No member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. 18 AMENDMENTS The parties, upon the recommendation of the Band, pursuant to a referendum conducted in accordance with the provisions of the Indian Act , may, with the consent of the Governor-General in Council and the Lieutenant-Governor in Council, amend this Agreement. 19 METRIC CONVERSION The parties agree that on and after 8 A.M. (P.S.T.) January 1, 1979 all calculations for the