Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 1
h means a period of time beginning at eight A.M. (P.S.T.) on the first day of the calendar month and ending at eight A.M. (P.S.T.) on the first day of the next succeeding calendar month; (17) Reserve means the lands conveyed by the Province to Canada by British Columbia Order-in-Council No. 2995 of 28th November, 1961 and which are presently set aside by Canada for the use and benefit of the Band as reserves within the meaning of the Indian Act R.S.C., 1970 c. I-6 and any lands which may in future be conveyed by the Province to Canada for the use and benefit of the Band and which are set aside by Canada for the use and benefit of the Band as reserves within the meaning of the Indian Act ; (18) Residue Gas means the substance remaining after raw Natural Gas has been processed to conform with the specifications common to the Gas Sales Contracts; (19) Residue Gas Supply means the total volume, expressed in Mcf, of Residue Gas which is: (a) derived from Natural Gas wheresoever produced, and (b) acquired by Westcoast (whether through processing raw Natural Gas or by acquiring it in Residue Gas form) for the purpose of supplying Natural Gas pursuant to its Gas Sales Contracts. (20) Shrinkage means the amount by which the Residue Gas Supply acquired by Westcoast in a Production Month exceeds the total of the volume in Residue Gas sold by Westcoast during such month pursuant to the Gas Sales Contracts; (21) Subject Gas means all Natural Gas, the production of which is attributable to the lands included within the Reserve, notwithstanding that surface rights in the said lands may be vested in the Province, any other person, or in Canada other than for the use and benefit of the Band; (22) Zero Line means the perimeter of the pay zone of the Clarke Lake Field as outlined in blue on Schedule “C” attached hereto. 2 DECLARATION This Agreement applies to: (1) all Excepted Minerals, (2) all minerals precious or base, including coal, Petroleum, and Natural Gas, which underlie lands that may hereafter be conveyed by the Province to Canada for the use and benefit of the Band as a Reserve, and (3) all other minerals which are in, upon or under the lands conveyed by the Province to Canada in trust for the use and benefit of the Band by British Columbia Order-in-Council No. 2995 dated the 28th day of November, 1961, or which underlie lands that may hereafter be granted by the Province to Canada for the use and benefit of the Band as a Reserve; all of which minerals are hereinafter referred to as the “Subject Minerals”. 3 MINERALS All minerals as defined in the Indian Reserves Mineral Resources Act , R.S.B.C. 1960, c. 187 in, upon or under the Reserve and all rights and claims thereto shall be administered as though specifically subjected to and included in: (1) the Agreement made between Canada and the Province and ratified by Canada by the British Columbia Indian Reserves Mineral Resources Act , S.C. 1943, c. 19 and by the Province by the Indian Reserves Mineral Resources Act , and (2) any amendment to the said Agreement and the said statutes or any statutes substituted therefore; but if at any time an Indian Agent is not appointed for the Reserve the powers and duties exercisable by an Indian Agent under the said Agreement with respect to such minerals shall be exercised by the Minister of Indian Affairs and Northern Development of Canada or any person authorized to act on his behalf. 4 The ownership, administration and control of all peat, limestone, marble, clay, gypsum, or any building stone when mined for building purposes, earth, ash, marl, gravel, sand or any element which forms part of the agricultural surface of the land in, upon or under the Reserve and all revenues derived therefrom shall be in Canada for the use and benefit of the Band. 5 TIMBER AND LIME The ownership, administration and control of all timber and lime in, upon or under the Reserve shall be in Canada for the use and benefit of the Band, provided however, that the Provi