Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 9
9 PETROLEUM AND NATURAL GAS — ENTRY AND ARBITRATION (1) The administration and control of the surface of the Reserve remains in Canada for the use and benefit of the Band. (2) Subject to subparagraph (6) hereof, any agreement in force at the date of execution of this Agreement whereby Canada granted rights of entry to the Reserve for the purpose of Petroleum or Natural Gas exploration, development or production, or any other purpose, shall remain in effect as though this Agreement had not been executed. (3) Canada, in its own right and on behalf of the Band, agrees to conclude agreements providing rights of entry to the Reserve to those persons licensed by the Province to explore for, develop or produce Petroleum or Natural Gas within the Reserve as of the date of execution of this Agreement. (4) The Province shall consult with Canada and the Band prior to the posting of any location within the Reserve for disposition by Crown reserve sale. In order to provide for such consultation, the Province shall give to Canada and the Band written notice of its intention to post a location within the Reserve at least 45 days prior to such posting. Within 21 days of receipt of such notice, Canada shall advise the Province in writing of any concerns or objections which Canada or the Band may have to such posting. Within 10 days thereafter, Canada and the Province shall discuss such concerns or objections. The Province may, at its option, defer the posting of a location within the Reserve in order to permit such discussions to continue after the expiry of the 45 day notice period stipulated herein, PROVIDED HOWEVER that nothing contained in this subparagraph (4) shall limit the right of the Province, in its sole discretion, to proceed with the posting of a location at any time after the expiry of the said 45 day notice period. (5) Where, after the date of execution of this Agreement, a person is licensed by the Province to explore for, develop or produce Petroleum or Natural Gas within the Reserve, Canada in its own right and on behalf of the Band and any other person whose rights, titles or interests in the Reserve may be affected by the grant of rights of entry, occupation or use necessary to conduct such exploration, development, or production shall, subject to subparagraph (6) hereof, conclude agreements providing rights of entry, occupation or use to the Reserve to such person so licensed by the Province. (6) Any dispute between Canada in its own right or on behalf of the Band or any person required by subparagraph (5) hereof to grant rights of entry, occupation or use of the Reserve and a person licensed by the Province to explore for, develop or produce Petroleum or Natural Gas within the Reserve, respecting the terms and conditions of entry, occupation or use of the Reserve for the purpose of exploring for, developing, producing or storing Petroleum or Natural Gas or any purpose connected therewith or incidental thereto, or the amount of rent or compensation for such entry, occupation and use of the Reserve shall be referred to arbitration in accordance with subparagraph (7) hereof. The Province as owner of all Petroleum and Natural Gas underlying the Reserve shall be entitled to refer any disputes to arbitration and the provisions of subparagraph (7) hereof shall apply, mutatis mutandis , to such referral. (7) Either party may refer a dispute to arbitration pursuant to subparagraph (6) hereof by giving the other party written notice of its intention to do so. Within 30 days of the service of such notice, each party shall appoint one arbitrator and the two arbitrators so appointed shall, within 45 days of the service of such notice, appoint a mutually acceptable arbitrator as Chairman. The three arbitrators so appointed shall arbitrate the dispute submitted. (8) In determining disputes submitted to arbitration pursuant to subparagraph (6) hereof the arbitrator may consider: (a) the compulsory aspect of the entry, occupation, or use;