GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
In consideration of this Agreement, and in particular the agreement of the Province to share equally with Canada for the use and benefit of the Band the net profit, gross revenue, royalties or any like proceeds from the disposition of the Subject Minerals as herein provided, Canada in its own right and on behalf of the Band releases any and all claims to any right, title or interest whatsoever which Canada or the Band ever had, now has, or hereafter can, shall, or may have to the Subject Minerals or any moneys arising from the exploration, development, production, leasing or in any way disposing of or dealing with the Subject Minerals.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
(1) In the event that any provision of this Agreement becomes impossible of performance or is otherwise frustrated and Canada and the Province are thereby discharged from further performance of it, the said parties mutually agree that the remainder of the Agreement shall remain in full force and effect and be binding upon the said parties, and that the said provision shall be renegotiated upon such terms and conditions as may be mutually agreed upon, and that Canada, in its own right and on behalf of the Band, and the Province will proceed as soon as possible thereafter to enter into negotiations for the purpose of renegotiating the said provision and use their best endeavours to bring such negotiations to a mutually satisfactory and speedy conclusion. The said parties agree that any such renegotiated provision shall be and shall be deemed to have been in full force and effect and binding upon the parties hereto from and including that date upon which such provision became impossible of performance or was otherwise frustrated as aforesaid, and that the Agreement as amended by the renegotiated provision shall continue to provide that Canada, for the use and benefit of the Band, and the Province shall share equally the net profits, gross revenue, royalties or any like proceeds from the disposition of coal, Petroleum and Natural Gas underlying the Reserve and all claims and rights thereto.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (2)
(2) Any dispute between the said parties as to whether any provision of the Agreement has become impossible of performance or is otherwise frustrated and Canada and the Province are thereby discharged from further performance of it shall, at the instance of either party, be referred to arbitration pursuant to paragraph 12 hereof.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (3)
(3) In the event that Canada and the Province fail to renegotiate any provision of the Agreement which becomes impossible of performance or is otherwise frustrated as provided for in subparagraph (1) hereof, within twelve (12) weeks of the commencement of negotiations for that purpose, the matter may be referred to a Judge for final determination and the provisions of paragraph 12 hereof shall apply, mutatis mutandis , to such referral.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (4)
(4) In the event that a change of circumstances not amounting to frustration of this Agreement prevents the parties from sharing equally in the net profit derived by the Province from the disposition of Natural Gas underlying the Reserve, the Province and Canada agree to renegotiate the Natural Gas Net Profit Formula in paragraph 7 hereof or any other relevant provision of this Agreement. In particular, and without restricting the generality of the foregoing, the Province and Canada agree to renegotiate the Natural Gas Net Profit Formula or any other relevant provision of this Agreement to ensure an equal sharing of Net Profit from the disposition of Natural Gas underlying the Reserve in the event that any new contracts are made for the sale of Natural Gas to the United States market. In the event that Canada and the Province fail to renegotiate such provision within 12 weeks of the commencement of negotiations for that purpose, the matter may be referred to a Judge for final determination and the provisions of paragraph 12 hereof shall apply, mutatis mutandis , to such referral.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 12
12 ARBITRATION (1) Notwithstanding the Federal Court Act , R.S.C. 1970, 2nd supplement Chapter 10, or the Federal Courts Jurisdiction Act , R.S.B.C. 1960, Chapter 141, any dispute between Canada and the Province as to the interpretation or application of any of the provisions of this Agreement and all disputes that may arise between the parties as a consequence of this Agreement being entered into, except those disputes referred to in paragraph 9(6) hereof, may, upon thirty (30) days’ notice, be referred by either Canada or the Province to arbitration by a Judge. (2) Referral of an issue to arbitration shall be by application to the Chief Justice of the Supreme Court of British Columbia who shall designate a Judge as arbitrator. (3) The procedure for the conduct of the arbitration 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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
(1) Notwithstanding the Federal Court Act , R.S.C. 1970, 2nd supplement Chapter 10, or the Federal Courts Jurisdiction Act , R.S.B.C. 1960, Chapter 141, any dispute between Canada and the Province as to the interpretation or application of any of the provisions of this Agreement and all disputes that may arise between the parties as a consequence of this Agreement being entered into, except those disputes referred to in paragraph 9(6) hereof, may, upon thirty (30) days’ notice, be referred by either Canada or the Province to arbitration by a Judge.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (2)
(2) Referral of an issue to arbitration shall be by application to the Chief Justice of the Supreme Court of British Columbia who shall designate a Judge as arbitrator.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (3)
(3) The procedure for the conduct of the arbitration 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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (4)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (a)
(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;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (b)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (5)
(5) The decision of the arbitrator shall be final and binding on the parties.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (6)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 13
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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 14
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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 15
15 COMING INTO FORCE OF AGREEMENT This Agreement shall come into force as of January 1, 1977.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
This Agreement shall come into force as of January 1, 1977.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 16
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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (2)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (3)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 17
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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
No member of the House of Commons shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 18
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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 19
19 METRIC CONVERSION The parties agree that on and after 8 A.M. (P.S.T.) January 1, 1979 all calculations for the determination of net profits and gross revenue shall be made using the International System of Units (SI) where such units have been or may be adopted in the Province from time to time, utilizing the conversion factors adopted by the Province.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
The parties agree that on and after 8 A.M. (P.S.T.) January 1, 1979 all calculations for the determination of net profits and gross revenue shall be made using the International System of Units (SI) where such units have been or may be adopted in the Province from time to time, utilizing the conversion factors adopted by the Province.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 20
20 NOTICES Any notice or other written communication required or permitted to be given pursuant to this Agreement may be given as follows: (1) To Canada, Assistant Deputy Minister, Indian & Inuit Affairs Program, Department of Indian Affairs and Northern Development, Terrasses de la Chaudière , 10 Wellington St., Hull, Quebec. (2) To the Province, Provincial Secretary of British Columbia, Parliament Buildings, Victoria, British Columbia. Either Canada or the Province may at any time and from time to time notify the other in writing as to a change of address and the new address to which notice shall be given to it thereafter until further changed.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
Any notice or other written communication required or permitted to be given pursuant to this Agreement may be given as follows: (1) To Canada, Assistant Deputy Minister, Indian & Inuit Affairs Program, Department of Indian Affairs and Northern Development, Terrasses de la Chaudière , 10 Wellington St., Hull, Quebec. (2) To the Province, Provincial Secretary of British Columbia, Parliament Buildings, Victoria, British Columbia. Either Canada or the Province may at any time and from time to time notify the other in writing as to a change of address and the new address to which notice shall be given to it thereafter until further changed.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
(1) To Canada, Assistant Deputy Minister, Indian & Inuit Affairs Program, Department of Indian Affairs and Northern Development, Terrasses de la Chaudière , 10 Wellington St., Hull, Quebec.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Assistant Deputy Minister, Indian & Inuit Affairs Program, Department of Indian Affairs and Northern Development, Terrasses de la Chaudière , 10 Wellington St., Hull, Quebec.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Department of Indian Affairs and Northern Development,
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (2)
(2) To the Province, Provincial Secretary of British Columbia, Parliament Buildings, Victoria, British Columbia.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Provincial Secretary of British Columbia, Parliament Buildings, Victoria, British Columbia.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Either Canada or the Province may at any time and from time to time notify the other in writing as to a change of address and the new address to which notice shall be given to it thereafter until further changed.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 21
21 INTERPRETATION In this Agreement: (a) Words in the singular include the plural and words in the plural include the singular; (b) Words importing male persons include female persons and corporations.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (a)
In this Agreement: (a) Words in the singular include the plural and words in the plural include the singular; (b) Words importing male persons include female persons and corporations.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (a)
(a) Words in the singular include the plural and words in the plural include the singular;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (b)
(b) Words importing male persons include female persons and corporations.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
IN WITNESS WHEREOF the Honourable Jake Epp, Minister of Indian Affairs and Northern Development, has hereunto set his hand on behalf of Canada, the Honourable L. Allan Williams, Attorney-General, and the Honourable Robert A. McClelland, Minister of Energy, Mines and Petroleum Resources, respectively, have hereunto set their hands on behalf of the Province, all this 7th day of January, 1980.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
SIGNED on behalf of HER MAJESTY THE QUEEN IN RIGHT OF CANADA represented herein by the Honourable Jake Epp, Minister of Indian Affairs and Northern Development in the presence of: George Behn
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
SIGNED on behalf of HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA represented herein by the Honourable L. Allan Williams and the Honourable Robert A. McClelland in the presence of: George Behn
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
THAT the Minister of Indian Affairs and Northern Development order a referendum to be held at the earliest date possible to determine if the majority of electors of the Fort Nelson Indian Band are in favor of the surrender to Her Majesty of those rights only necessary to fulfill the terms set out in that form of agreement as negotiated between the Government of Canada, the Government of British Columbia and the Fort Nelson Indian Band Council, a copy of which agreement is attached hereto.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND FURTHER BE IT RESOLVED THAT the Council of the Fort Nelson Indian Band approves the said agreement for execution by the Minister of Indian Affairs and Northern Development on the condition that the said agreement is effective and binding upon the Fort Nelson Indian Band only if the majority of the electors of the Fort Nelson Indian Band are in favor of the said agreement and surrender.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
WHEREAS His Honour the Lieutenant-Governor in Council of the Province of British Columbia did by Order in Council No. 2995 approved 28 November, 1961 convey the lands therein mentioned, when surveyed, to Her Majesty the Queen in Right of Canada in trust for the use and benefit of the Fort Nelson Indian Band (herein referred to as the “Band”) subject, inter alia to the provisions and reservations set forth in Form No. 12 of the Schedule to the Land Act , R.S.B.C. 1960, Chapter 206;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND WHEREAS His Excellency the Governor-General in Council did by Order in Council Number P.C. 1966-1978 of 20 October, 1966, a copy of which is hereto attached, set apart the said lands for the use and benefit of the Fort Nelson Indian Band;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND WHEREAS lands continue to be held by Her Majesty the Queen in Right of Canada for the use and benefit of the Fort Nelson Indian Band (herein referred to as the “Reserve”) which lands are more particularly described in Annex “A”;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND WHEREAS disputes have arisen between Canada in its own right and on behalf of the Band, and the Province as to the ownership of any minerals precious or base including coal, petroleum and gas or gases underlying the Reserve;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND WHEREAS representatives of the Band and the Province have negotiated the Agreement hereto attached as Annex “B” (herein referred to as the “Settlement Agreement”), which would settle the disputes as to the ownership of any minerals precious or base including coal, petroleum and any gas or gases underlying the Reserve;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
AND WHEREAS the Settlement Agreement must be confirmed by Her Majesty in Right of Canada and the Province by special legislation and Her Majesty in Right of Canada requires, as a condition of the signature of the Settlement Agreement and prior to the passage of special legislation, the approval of the Band expressed by a surrender to Her Majesty in Right of Canada pursuant to the provisions of the Indian Act R.S.C. 1970 c. I-6;