GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 7
in either clause (i) of this definition of CS or in the definition of CG) incurred by the Petroleum Corporation in the course of its operations during the Subject Month, expressed in an amount per Mcf of Total Sales as defined in Step Two, during the Subject Month; CG = the amount of money paid or payable by the Petroleum Corporation for the purchase during the Subject Month of Subject Gas, expressed as an amount per Mcf of Subject Gas sold and delivered during the Subject Month (that is, GP-Sh); which amount shall include the holdback, if any, made by the Petroleum Corporation (on the purchase of Old Gas) in accordance with the provisions of the gas purchase contracts dealing with Old Gas Credits as therein defined. (2) That portion of the Net Profit derived in respect of a given Production Month which is payable to Canada as aforesaid shall be paid by the Province to Canada within ninety (90) days after the end of such month. (3) If a Pool lies partly under the Reserve and partly under other lands, the proportion of the amount of Natural Gas produced during a Production Month from that Pool which is attributable to lands included within the Reserve shall be deemed to be equal to the proportion which the recoverable reserves of Natural Gas contained in that part of the Pool underlying the Reserve bears to the total amount of recoverable reserves of Natural Gas in the Pool. (4) It is agreed that 7.44% of the total amount of Natural Gas in the Clarke Lake Field based upon the present Zero Line shall be deemed to be the Band’s share thereof. (5) If in the future it is determined that the actual boundaries of the Natural Gas Pool defined herein as the Clarke Lake Field extend beyond the lands described in Schedule “C”, the agreed percentage set out in subparagraph (4) of paragraph 7 hereof shall be adjusted accordingly between the parties, and, failing agreement, shall be settled by arbitration pursuant to paragraph 12 hereof.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
nition of CS or in the definition of CG) incurred by the Petroleum Corporation in the course of its operations during the Subject Month, expressed in an amount per Mcf of Total Sales as defined in Step Two, during the Subject Month; CG = the amount of money paid or payable by the Petroleum Corporation for the purchase during the Subject Month of Subject Gas, expressed as an amount per Mcf of Subject Gas sold and delivered during the Subject Month (that is, GP-Sh); which amount shall include the holdback, if any, made by the Petroleum Corporation (on the purchase of Old Gas) in accordance with the provisions of the gas purchase contracts dealing with Old Gas Credits as therein defined.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Step One Determine the Domestic Price (“DP”) for the Production Month which is the subject of the calculation (the Production Month which is the subject of the calculation being referred to herein as the “Subject Month”) by use of Alternative One hereunder until the date of execution of this Agreement, and thereafter by use of whichever of Alternative One and Alternative Two will produce the greater Domestic Price in the Subject Month. Alternative One By use of the formula DP = P/V where P = The total amount of money payable by the Domestic Utilities to Westcoast for the Sales Volume (that is, the volume of Natural Gas produced in British Columbia and purchased by the Domestic Utilities during the Subject Month); V = The Sales Volume expressed in Mcf. Alternative Two By the use of the formula DP = CS+CG+1¢ (one cent); where CS and CG have the meanings assigned to them in Step Three of this paragraph 7.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Determine the Domestic Price (“DP”) for the Production Month which is the subject of the calculation (the Production Month which is the subject of the calculation being referred to herein as the “Subject Month”) by use of Alternative One hereunder until the date of execution of this Agreement, and thereafter by use of whichever of Alternative One and Alternative Two will produce the greater Domestic Price in the Subject Month. Alternative One By use of the formula DP = P/V where P = The total amount of money payable by the Domestic Utilities to Westcoast for the Sales Volume (that is, the volume of Natural Gas produced in British Columbia and purchased by the Domestic Utilities during the Subject Month); V = The Sales Volume expressed in Mcf. Alternative Two By the use of the formula DP = CS+CG+1¢ (one cent); where CS and CG have the meanings assigned to them in Step Three of this paragraph 7.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Alternative One By use of the formula DP = P/V where P = The total amount of money payable by the Domestic Utilities to Westcoast for the Sales Volume (that is, the volume of Natural Gas produced in British Columbia and purchased by the Domestic Utilities during the Subject Month); V = The Sales Volume expressed in Mcf.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
By use of the formula DP = P/V where P = The total amount of money payable by the Domestic Utilities to Westcoast for the Sales Volume (that is, the volume of Natural Gas produced in British Columbia and purchased by the Domestic Utilities during the Subject Month); V = The Sales Volume expressed in Mcf.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Alternative Two By the use of the formula DP = CS+CG+1¢ (one cent); where CS and CG have the meanings assigned to them in Step Three of this paragraph 7.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
By the use of the formula DP = CS+CG+1¢ (one cent); where CS and CG have the meanings assigned to them in Step Three of this paragraph 7.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Step Two Calculate the Average Price (“AP”) by use of the formula AP = (DP×a) + (EP×b) where DP = Domestic Price determined according to Step One; a = Domestic Sales (that is, the volume of Natural Gas sold and delivered to the Domestic Utilities) during the Subject Month, stated as a percentage of Total Sales (defined below) for that month; b = Export Sales (that is, the volume of Natural Gas produced in British Columbia and delivered to the US-Canada boundary pursuant to NEB Licence GL-41, as amended from time to time) for the Subject Month, stated as a percentage of Total Sales; EP = The total amount payable to Westcoast by Northwest Pipeline Corporation, the successors to or assigns of the right to purchase gas under NEB Licence GL-41 for the Export Sales made during the Subject Month divided by the volume of such sales expressed in Mcf.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Calculate the Average Price (“AP”) by use of the formula AP = (DP×a) + (EP×b) where DP = Domestic Price determined according to Step One; a = Domestic Sales (that is, the volume of Natural Gas sold and delivered to the Domestic Utilities) during the Subject Month, stated as a percentage of Total Sales (defined below) for that month; b = Export Sales (that is, the volume of Natural Gas produced in British Columbia and delivered to the US-Canada boundary pursuant to NEB Licence GL-41, as amended from time to time) for the Subject Month, stated as a percentage of Total Sales; EP = The total amount payable to Westcoast by Northwest Pipeline Corporation, the successors to or assigns of the right to purchase gas under NEB Licence GL-41 for the Export Sales made during the Subject Month divided by the volume of such sales expressed in Mcf.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4
Total Sales , where used in the paragraph 7, means the total of Domestic Sales and Export Sales for the Subject Month expressed in Mcf.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (i)
Step Three Calculate Net Profit (“NP”) by use of the formula NP = (GP-Sh) × (AP-(CS+CG)) where GP = the number of Mcf of Residue Gas derived from Subject Gas produced during the Subject Month; Sh = the number of Mcf which is that percentage of GP which Shrinkage during the Subject Month is of the Residue Gas Supply for that month; AP = Average Price calculated as aforesaid in respect of the Subject Month; CS = the total of the following: (i) all sums which Westcoast is entitled (either by virtue of the Basic Agreement as amended from time to time or the orders of the National Energy Board) to recover from the Petroleum Corporation in respect of the handling (including gathering, processing and transmission) of Natural Gas during the Subject Month, (ii) all costs (other than those referred to in either clause (i) of this definition of CS or in the definition of CG) incurred by the Petroleum Corporation in the course of its operations during the Subject Month, expressed in an amount per Mcf of Total Sales as defined in Step Two, during the Subject Month; CG = the amount of money paid or payable by the Petroleum Corporation for the purchase during the Subject Month of Subject Gas, expressed as an amount per Mcf of Subject Gas sold and delivered during the Subject Month (that is, GP-Sh); which amount shall include the holdback, if any, made by the Petroleum Corporation (on the purchase of Old Gas) in accordance with the provisions of the gas purchase contracts dealing with Old Gas Credits as therein defined.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (i)
Calculate Net Profit (“NP”) by use of the formula NP = (GP-Sh) × (AP-(CS+CG)) where GP = the number of Mcf of Residue Gas derived from Subject Gas produced during the Subject Month; Sh = the number of Mcf which is that percentage of GP which Shrinkage during the Subject Month is of the Residue Gas Supply for that month; AP = Average Price calculated as aforesaid in respect of the Subject Month; CS = the total of the following: (i) all sums which Westcoast is entitled (either by virtue of the Basic Agreement as amended from time to time or the orders of the National Energy Board) to recover from the Petroleum Corporation in respect of the handling (including gathering, processing and transmission) of Natural Gas during the Subject Month, (ii) all costs (other than those referred to in either clause (i) of this definition of CS or in the definition of CG) incurred by the Petroleum Corporation in the course of its operations during the Subject Month, expressed in an amount per Mcf of Total Sales as defined in Step Two, during the Subject Month; CG = the amount of money paid or payable by the Petroleum Corporation for the purchase during the Subject Month of Subject Gas, expressed as an amount per Mcf of Subject Gas sold and delivered during the Subject Month (that is, GP-Sh); which amount shall include the holdback, if any, made by the Petroleum Corporation (on the purchase of Old Gas) in accordance with the provisions of the gas purchase contracts dealing with Old Gas Credits as therein defined.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (2)
(2) That portion of the Net Profit derived in respect of a given Production Month which is payable to Canada as aforesaid shall be paid by the Province to Canada within ninety (90) days after the end of such month.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (3)
(3) If a Pool lies partly under the Reserve and partly under other lands, the proportion of the amount of Natural Gas produced during a Production Month from that Pool which is attributable to lands included within the Reserve shall be deemed to be equal to the proportion which the recoverable reserves of Natural Gas contained in that part of the Pool underlying the Reserve bears to the total amount of recoverable reserves of Natural Gas in the Pool.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (4)
(4) It is agreed that 7.44% of the total amount of Natural Gas in the Clarke Lake Field based upon the present Zero Line shall be deemed to be the Band’s share thereof.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (5)
(5) If in the future it is determined that the actual boundaries of the Natural Gas Pool defined herein as the Clarke Lake Field extend beyond the lands described in Schedule “C”, the agreed percentage set out in subparagraph (4) of paragraph 7 hereof shall be adjusted accordingly between the parties, and, failing agreement, shall be settled by arbitration pursuant to paragraph 12 hereof.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 8
8 BOOKS AND RECORDS (1) Whenever any moneys are paid hereunder by the Province to Canada they will be accompanied by a statement showing the manner in which such moneys were calculated. (2) The Province and its agents will keep proper books and records of the calculation and the receipt of revenues and profits pursuant to this Agreement, and will make such books and records available to audit and inspection by Canada or its agent, and will allow Canada or its agent to make copies thereof and take extracts therefrom, and will furnish Canada or its agent with such additional information relevant to the calculation and receipt of revenues and profits hereunder as Canada or its agent may reasonably require.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
(1) Whenever any moneys are paid hereunder by the Province to Canada they will be accompanied by a statement showing the manner in which such moneys were calculated.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (2)
(2) The Province and its agents will keep proper books and records of the calculation and the receipt of revenues and profits pursuant to this Agreement, and will make such books and records available to audit and inspection by Canada or its agent, and will allow Canada or its agent to make copies thereof and take extracts therefrom, and will furnish Canada or its agent with such additional information relevant to the calculation and receipt of revenues and profits hereunder as Canada or its agent may reasonably require.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 9
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; (b) the value of the Reserve and the loss by Canada or the Band of any right or use or profit; (c) the temporary and permanent damage resulting from the entry, occupation, or use; (d) compensation for severance; (e) compensation for nuisance and disturbance resulting from the entry, occupation, or use; (f) any amount previously paid to Canada or the Band in respect of the entry, occupation or use; (g) alternative means of entry, occupation, or use; (h) alternative means of exploration, development or production; (i) environmental impact of exploration, development or production; (j) existing or proposed zoning of Reserve lands and existing or proposed land-use laws or by-laws of Canada or the Band; (k) the effect of exploration, development or production on existing or proposed economic or social development programs of Canada or the Band; (l) such other factors as the arbitrator deems applicable. (9) The procedure for the conduct of the arbitration shall be determined solely by the arbitrator. (10) The decision of the arbitrator shall be final and binding on the parties.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (1)
(1) The administration and control of the surface of the Reserve remains in Canada for the use and benefit of the Band.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (2)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (3)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (4)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (5)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (6)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (7)
(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.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (8)
(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; (b) the value of the Reserve and the loss by Canada or the Band of any right or use or profit; (c) the temporary and permanent damage resulting from the entry, occupation, or use; (d) compensation for severance; (e) compensation for nuisance and disturbance resulting from the entry, occupation, or use; (f) any amount previously paid to Canada or the Band in respect of the entry, occupation or use; (g) alternative means of entry, occupation, or use; (h) alternative means of exploration, development or production; (i) environmental impact of exploration, development or production; (j) existing or proposed zoning of Reserve lands and existing or proposed land-use laws or by-laws of Canada or the Band; (k) the effect of exploration, development or production on existing or proposed economic or social development programs of Canada or the Band; (l) such other factors as the arbitrator deems applicable.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (a)
(a) the compulsory aspect of the entry, occupation, or use;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (b)
(b) the value of the Reserve and the loss by Canada or the Band of any right or use or profit;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (c)
(c) the temporary and permanent damage resulting from the entry, occupation, or use;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (e)
(e) compensation for nuisance and disturbance resulting from the entry, occupation, or use;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (f)
(f) any amount previously paid to Canada or the Band in respect of the entry, occupation or use;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (g)
(g) alternative means of entry, occupation, or use;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (h)
(h) alternative means of exploration, development or production;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (i)
(i) environmental impact of exploration, development or production;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (j)
(j) existing or proposed zoning of Reserve lands and existing or proposed land-use laws or by-laws of Canada or the Band;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (k)
(k) the effect of exploration, development or production on existing or proposed economic or social development programs of Canada or the Band;
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (l)
(l) such other factors as the arbitrator deems applicable.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (9)
(9) The procedure for the conduct of the arbitration shall be determined solely by the arbitrator.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 (10)
(10) The decision of the arbitrator shall be final and binding on the parties.
Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 10
10 RELEASE 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.