Common use of AGREEMENT REQUIRED WITH URBAN MUNICIPALITY, NORTHERN MUNICIPALITY AND SCHOOL DIVISION Clause in Contracts

AGREEMENT REQUIRED WITH URBAN MUNICIPALITY, NORTHERN MUNICIPALITY AND SCHOOL DIVISION. (a) Notwithstanding any other provision of this Agreement, but subject to subsection 9.01(b) hereof, Lands and Improvements Purchased by the Band within the boundaries of an Urban Municipality, a Northern Municipality or within the Northern Administration District will not be set apart as an Entitlement Reserve until an agreement has been entered into between the Band, and the affected Urban Municipality or Northern Municipality and any affected school division operating within such Urban Municipality, Northern Municipality or the Northern Administration District (in this Article such school divisions are referred to as the "affected school division"), respecting the following matters: (i) the provision of and payment for compensation to the Urban Municipality or Northern Municipality for loss of taxes, levies or grants-in-lieu, which, but for the setting apart of the Entitlement Reserve, could reasonably have been expected to have been received by the Urban Municipality or Northern Municipality for its own purposes by the substitution of one of the following or a combination thereof: (A) a servicing agreement between the Band and the Urban Municipality or Northern Municipality, whereby the Urban Municipality or Northern Municipality would agree to provide municipal services in consideration for a fee to be paid by the Band; (B) a one time lump sum payment, or periodic payments, or some other formula negotiated between the parties, provided, however, the amount of such compensation will not necessarily be equal to the amount of such taxes, levies or grants-in-lieu; (ii) compensation for the affected school division for loss of taxes, levies or grants-in-lieu which, but for the setting apart of the Entitlement Reserve, could reasonably have been expected to have been received by the affected school division; provided, however, the amount of such compensation will not necessarily be equal to the amount of such taxes, levies or grants-in-lieu but may be based on a one time lump sum payment or periodic payments or some other formula negotiated between the parties. It is acknowledged by the parties that if the Band will not be receiving any direct service or benefit from the affected school division in consideration for such payment or has entered, or will enter, into a tuition agreement, the same shall be a factor in determining the amount of any such payment; (iii) to the extent reasonably necessary, compatible municipal and band bylaws and their application and enforcement; and (iv) an appropriate dispute resolution mechanism for resolving matters of mutual concern. (b) The parties agree that: (i) in the event that the Band and any affected Urban Municipality, Northern Municipality or affected school division jointly elect not to enter into any agreement referred to in subsection 9.01(a) or enter into an agreement that covers some, but not all, of the matters referred to in subsection 9.01(a) then, to such extent, that subsection shall be inapplicable and, for greater certainty, the affected parties may enter into any agreement which meets the needs and objectives of the parties; and (ii) in the event that any required agreement has not been entered into as between the Band and one or more of the other affected parties within five (5) months of any request by the Band to such other party to enter into such an agreement, Canada may, subject to clause (d), set apart such Entitlement Land as an Entitlement Reserve without such an agreement where the Band is prepared to enter into a reasonable and adequate agreement in respect of the reasonable concerns raised by the affected Urban Municipality, Northern Municipality or affected school division (relating to those matters referred to in subsection 9.01(a)), but the other party is unwilling to respond to the Band's request reasonably and in good faith. (c) In the event of a dispute involving the question of whether, in fact, a particular Urban Municipality, Northern Municipality or any affected school division is acting reasonably and in good faith, or whether the Band is proposing a reasonable and adequate agreement in respect of the concerns of the other party, any of Canada, Saskatchewan or the Band may refer the matter to the Arbitration Board and the affected Urban Municipality or Northern Municipality, and any affected school division shall, upon request, have standing before the Arbitration Board. (d) Where a dispute is referred to the Arbitration Board under subsection (c), Canada will not set apart an Entitlement Reserve under subparagraph (b)(ii) until the matter has been disposed of by the Arbitration Board.

AGREEMENT REQUIRED WITH URBAN MUNICIPALITY, NORTHERN MUNICIPALITY AND SCHOOL DIVISION. (a) Notwithstanding any other provision of this Agreement, but subject to subsection 9.01(b) hereof, Lands and Improvements Purchased by the an Entitlement Band within the boundaries of an Urban Municipality, a Northern Municipality or within the Northern Administration District will not be set apart as an Entitlement Reserve until an agreement has been entered into between the Entitlement Band, and the affected Urban Municipality or Northern Municipality and any affected school division operating within such Urban Municipality, Northern Municipality or the Northern Administration District (in this Article such school divisions are referred to as the "affected school division"), respecting the following matters: (i) the provision of and payment for compensation to the Urban Municipality or Northern Municipality for loss of taxes, levies or grants-in-lieu, which, but for the setting apart of the Entitlement Reserve, could reasonably have been expected to have been received by the Urban Municipality or Northern Municipality for its own purposes by the substitution of one of the following or a combination thereof: (A) a servicing agreement between the Entitlement Band and the Urban Municipality or Northern Municipality, whereby the Urban Municipality or Northern Municipality would agree to provide municipal services in consideration for a fee to be paid by the Entitlement Band;; or (B) a one time lump sum payment, or periodic payments, or some other formula negotiated between the parties, provided, however, the amount of such compensation will not necessarily be equal to the amount of such taxes, levies or grants-in-lieu; (ii) compensation for the affected school division for loss of taxes, levies or grants-in-lieu which, but for the setting apart of the Entitlement Reserve, could reasonably have been expected to have been received by the affected school division; provided, however, the amount of such compensation will not necessarily be equal to the amount of such taxes, levies or grants-in-lieu but may be based on a one time lump sum payment or periodic payments or some other formula negotiated between the parties. It is acknowledged by the parties that if the Entitlement Band will not be receiving any direct service or benefit from the affected school division in consideration for such payment or has entered, or will enter, into a tuition agreement, the same shall be a factor in determining the amount of any such payment; (iii) to the extent reasonably necessary, compatible municipal and band bylaws and their application and enforcement; and (iv) an appropriate dispute resolution mechanism for resolving matters of mutual concern. (b) The parties agree that: (i) in the event that the an Entitlement Band and any affected Urban Municipality, Northern Municipality or affected school division jointly elect not to enter into any agreement referred to in subsection 9.01(a) or enter into an agreement that covers some, but not all, of the matters referred to in subsection 9.01(a) then, to such extent, that subsection shall be inapplicable and, for greater certainty, the affected parties may enter into any agreement which meets the needs and objectives of the parties; and (ii) in the event that any required agreement has not been entered into as between the any Entitlement Band and one or more of the other affected parties within five (5) months of any request by the Entitlement Band to such other party to enter into such an agreement, Canada may, subject to clause (d), set apart such Entitlement Land as an Entitlement Reserve without such an agreement where the affected Entitlement Band is prepared to enter into a reasonable and adequate agreement in respect of the reasonable concerns raised by the affected Urban Municipality, Northern Municipality or affected school division (relating to those matters referred to in subsection 9.01(a)), but the other party is unwilling to respond to the Entitlement Band's request reasonably and in good faith. (c) In the event of a dispute involving the question of whether, in fact, a particular Urban Municipality, Northern Municipality or any affected school division is acting reasonably and in good faith, or whether the Entitlement Band is proposing a reasonable and adequate agreement in respect of the concerns of the other party, any of Canada, Saskatchewan or the affected Entitlement Band may refer the matter to the Arbitration Board and the affected Urban Municipality or Northern Municipality, and any affected school division shall, upon request, have standing before the Arbitration Board. (d) Where a dispute is referred to the Arbitration Board under subsection (c), Canada will not set apart an Entitlement Reserve under subparagraph (b)(ii) until the matter has been disposed of by the Arbitration Board.

AGREEMENT REQUIRED WITH URBAN MUNICIPALITY, NORTHERN MUNICIPALITY AND SCHOOL DIVISION. (a) Notwithstanding any other provision of this Agreement, but subject to subsection 9.01(b) hereof, Lands and Improvements Purchased by the Band within the boundaries of an Urban Municipality, a Northern Municipality or within the Northern Administration District will not be set apart as an Entitlement Reserve until an agreement has been entered into between the Band, and the affected Urban Municipality or Northern Municipality and any affected school division operating within such Urban Municipality, Northern Municipality or the Northern Administration District (in this Article such school divisions are referred to as the "affected school division"), respecting the following matters: (i) the provision of and payment for compensation to the Urban Municipality or Northern Municipality for loss of taxes, levies or grants-in-lieu, which, but for the setting apart of the Entitlement Reserve, could reasonably have been expected to have been received by the Urban Municipality or Northern Municipality for its own purposes by the substitution of one of the following or a combination thereof: (A) a servicing agreement between the Band and the Urban Municipality or Northern Municipality, whereby the Urban Municipality or Northern Municipality would agree to provide municipal services in consideration for a fee to be paid by the Band;; or (B) a one time lump sum payment, or periodic payments, or some other formula negotiated between the parties, provided, however, the amount of such compensation will not necessarily be equal to the amount of such taxes, levies or grants-in-lieu; (ii) compensation for the affected school division for loss of taxes, levies or grants-in-lieu which, but for the setting apart of the Entitlement Reserve, could reasonably have been expected to have been received by the affected school division; provided, however, the amount of such compensation will not necessarily be equal to the amount of such taxes, levies or grants-in-lieu but may be based on a one time lump sum payment or periodic payments or some other formula negotiated between the parties. It is acknowledged by the parties that if the Band will not be receiving any direct service or benefit from the affected school division in consideration for such payment or has entered, or will enter, into a tuition agreement, the same shall be a factor in determining the amount of any such payment; (iii) to the extent reasonably necessary, compatible municipal and band bylaws and their application and enforcement; and (iv) an appropriate dispute resolution mechanism for resolving matters of mutual concern. (b) The parties agree that: (i) in the event that the Band and any affected Urban Municipality, Northern Municipality or affected school division jointly elect not to enter into any agreement referred to in subsection 9.01(a) or enter into an agreement that covers some, but not all, of the matters referred to in subsection 9.01(a) then, to such extent, that subsection shall be inapplicable and, for greater certainty, the affected parties may enter into any agreement which meets the needs and objectives of the parties; and (ii) in the event that any required agreement has not been entered into as between the Band and one or more of the other affected parties within five (5) months of any request by the Band to such other party to enter into such an agreement, Canada may, subject to clause (d), set apart such Entitlement Land as an Entitlement Reserve without such an agreement where the Band is prepared to enter into a reasonable and adequate agreement in respect of the reasonable concerns raised by the affected Urban Municipality, Northern Municipality or affected school division (relating to those matters referred to in subsection 9.01(a)), but the other party is unwilling to respond to the Band's request reasonably and in good faith. (c) In the event of a dispute involving the question of whether, in fact, a particular Urban Municipality, Northern Municipality or any affected school division is acting reasonably and in good faith, or whether the Band is proposing a reasonable and adequate agreement in respect of the concerns of the other party, any of Canada, Saskatchewan or the Band may refer the matter to the Arbitration Board and the affected Urban Municipality or Northern Municipality, and any affected school division shall, upon request, have standing before the Arbitration Board. (d) Where a dispute is referred to the Arbitration Board under subsection (c), Canada will not set apart an Entitlement Reserve under subparagraph (b)(ii) until the matter has been disposed of by the Arbitration Board.