Common use of CONSENT OF OCCUPANTS OF CROWN LAND Clause in Contracts

CONSENT OF OCCUPANTS OF CROWN LAND. (a) Notwithstanding any other provision of this Agreement, but subject to subsections 4.08(b) and (c), occupied Crown Lands will not be made available for sale to the Band unless the Occupants of Crown Land have given their written consent (or such other form of consent as may be acceptable to the owner of the Crown Lands) to the sale or transfer. (b) Canada and Saskatchewan agree with the Band that in circumstances where the Band is seeking to Purchase pastures established pursuant to the Prairie Farm Rehabilitation Act, R.S.C. 1985, c. P-17 ("P.F.R.A. Pastures"), or provincial community pastures, and: (i) at least seventy-five (75%) percent of such Occupants of Crown Land have consented to the sale; and (ii) the Band has evidenced its willingness to act reasonably and in good faith to fairly compensate all of the occupants for the value of their interest or, alternatively, to enter into a binding agreement (subject to applicable federal legislation) with such Occupants of Crown Land to honour their interests; A. Pastures under its sole administration and control), Canada and Saskatchewan (in the case of P.F.R. A. Pastures administered and controlled by Canada but in respect of which Saskatchewan has a reversionary interest), and Saskatchewan (in the case of provincial community pastures) may approve of the sale of the pasture to the Band. Nothing in this section shall be deemed to preclude Canada from selling P.F.R. A. Pastures (which are owned, administered and controlled solely by Canada and in respect of which Saskatchewan has no reversionary interest) in the event that less than seventy-five (75%) percent of the affected Occupants of Crown Land have consented to such a sale. (c) Saskatchewan agrees that where the Band wishes to purchase provincial Crown Land that is covered by a Forest Management Licence Agreement, the purchase price shall be determined in accordance with subsection 4.10(b) and the consent of the licensee will not be required where Saskatchewan can, pursuant to the terms of the Forest Management Licence Agreement, withdraw the Lands from the Forest Management Licence Agreement without the consent of the licensee provided that: (i) where Saskatchewan can withdraw the Lands without cost, no additional compensation shall be payable by the Band; (ii) where Saskatchewan can withdraw the Lands without cost, other than the cost of providing alternate Land to the licensee where satisfactory alternate Land is available, no additional compensation shall be payable by the Band; and (iii) where Saskatchewan cannot withdraw the Lands without paying compensation to the licensee, the Band has agreed to pay all compensation required to be paid to the licensee pursuant to the terms of such Forest Management Licence Agreement.

Appears in 5 contracts

Samples: Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement

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CONSENT OF OCCUPANTS OF CROWN LAND. (a) Notwithstanding any other provision of this Agreement, but subject to subsections 4.08(b) and (c), occupied Crown Lands will not be made available for sale to the an Entitlement Band unless the Occupants of Crown Land have given their written consent (or such other form of consent as may be acceptable to the owner of the Crown Lands) to the sale or transfer. (b) Canada and Saskatchewan agree with the Band Entitlement Bands that in circumstances where the an Entitlement Band is seeking to Purchase pastures established pursuant to the Prairie Farm Rehabilitation Act, R.S.C. 1985, c. P-17 ("P.F.R.A. Pastures"), or provincial community pastures, and: (i) at least seventy-five (75%) percent of such Occupants of Crown Land have consented to the sale; and (ii) the Entitlement Band has evidenced its willingness to act reasonably and in good faith to fairly compensate all of the occupants for the value of their interest or, alternatively, to enter into a binding agreement (subject to applicable federal legislation) with such Occupants of Crown Land to honour their interests; A. Pastures under its sole administration and control), Canada and Saskatchewan (in the case of P.F.R. A. Pastures administered and controlled by Canada but in respect of which Saskatchewan has a reversionary interest), and Saskatchewan (in the case of provincial community pastures) may approve of the sale of the pasture to the Entitlement Band. Nothing in this section shall be deemed to preclude Canada from selling P.F.R.selling A. Pastures (which are owned, administered and controlled solely by Canada and in respect of which Saskatchewan has no reversionary interest) in the event that less than seventy-five (75%) percent of the affected Occupants of Crown Land have consented to such a sale. (c) Saskatchewan agrees that where the Band an Entitlement band wishes to purchase provincial Crown Land that is covered by a Forest Management Licence Agreement, the purchase price shall be determined in accordance with subsection 4.10(b4.09(b) and the consent of the licensee will not be required where Saskatchewan can, pursuant to the terms of the Forest Management Licence Agreement, withdraw the Lands from the area covered by a Forest Management Licence Agreement without the consent of the licensee provided that: (i) where Saskatchewan can withdraw the Lands without cost, no additional compensation shall be payable by the Entitlement Band; (ii) where Saskatchewan can withdraw the Lands without cost, other than the cost of providing alternate Land to the licensee where satisfactory alternate Land is available, no additional compensation shall be payable by the Entitlement Band; and (iii) where Saskatchewan cannot withdraw the Lands without paying compensation to the licensee, the Entitlement Band has agreed to pay all compensation required to be paid to the licensee pursuant to the terms of such Forest Management Licence Agreement.

Appears in 2 contracts

Samples: Saskatchewan Treaty Land Entitlement Framework Agreement, Saskatchewan Treaty Land Entitlement Framework Agreement

CONSENT OF OCCUPANTS OF CROWN LAND. (a) Notwithstanding any other provision of this Agreement, but subject to subsections 4.08(b) and (c), occupied Crown Lands will not be made available for sale to the an Entitlement Band unless the Occupants of Crown Land have given their written consent (or such other form of consent as may be acceptable to the owner of the Crown Lands) to the sale or transfer. (b) Canada and Saskatchewan agree with the Band Entitlement Bands that in circumstances where the an Entitlement Band is seeking to Purchase pastures established pursuant to the Prairie Farm Rehabilitation Act, R.S.C. 1985, c. P-17 ("P.F.R.A. Pastures"), or provincial community pastures, and: (i) at least seventy-five (75%) percent of such Occupants of Crown Land have consented to the sale; and (ii) the Entitlement Band has evidenced its willingness to act reasonably and in good faith to fairly compensate all of the occupants for the value of their interest or, alternatively, to enter into a binding agreement (subject to applicable federal legislation) with such Occupants of Crown Land to honour their interests; A. Pastures under its sole administration and control), Canada and Saskatchewan (in the case of P.F.R. A. Pastures administered and controlled by Canada but in respect of which Saskatchewan has a reversionary interest), and Saskatchewan (in the case of provincial community pastures) may approve of the sale of the pasture to the Entitlement Band. Nothing in this section shall be deemed to preclude Canada from selling P.F.R. A. Pastures (which are owned, administered and controlled solely by Canada and in respect of which Saskatchewan has no reversionary interest) in the event that less than seventy-five (75%) percent of the affected Occupants of Crown Land have consented to such a sale. (c) Saskatchewan agrees that where the Band an Entitlement band wishes to purchase provincial Crown Land that is covered by a Forest Management Licence Agreement, the purchase price shall be determined in accordance with subsection 4.10(b4.09(b) and the consent of the licensee will not be required where Saskatchewan can, pursuant to the terms of the Forest Management Licence Agreement, withdraw the Lands from the area covered by a Forest Management Licence Agreement without the consent of the licensee provided that: (i) where Saskatchewan can withdraw the Lands without cost, no additional compensation shall be payable by the Entitlement Band; (ii) where Saskatchewan can withdraw the Lands without cost, other than the cost of providing alternate Land to the licensee where satisfactory alternate Land is available, no additional compensation shall be payable by the Entitlement Band; and (iii) where Saskatchewan cannot withdraw the Lands without paying compensation to the licensee, the Entitlement Band has agreed to pay all compensation required to be paid to the licensee pursuant to the terms of such Forest Management Licence Agreement.

Appears in 1 contract

Samples: Saskatchewan Treaty Land Entitlement Framework Agreement

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CONSENT OF OCCUPANTS OF CROWN LAND. (a) Notwithstanding any other provision of this Agreement, but subject to subsections 4.08(b) and (c), occupied Crown Lands will not be made available for sale to the Band unless the Occupants of Crown Land have given their written consent (or such other form of consent as may be acceptable to the owner of the Crown Lands) to the sale or transfer. (b) Canada and Saskatchewan agree with the Band that in circumstances where the Band is seeking to Purchase pastures established pursuant to the Prairie Farm Rehabilitation Act, R.S.C. 1985, c. P-17 ("P.F.R.A. Pastures"), or provincial community pastures, and: (i) at least seventy-five (75%) percent of such Occupants of Crown Land have consented to the sale; and (ii) the Band has evidenced its willingness to act reasonably and in good faith to fairly compensate all of the occupants for the value of their interest or, alternatively, to enter into a binding agreement (subject to applicable federal legislation) with such Occupants of Crown Land to honour their interests; A. Pastures under its sole administration and control), Canada and Saskatchewan (in the case of P.F.R.of A. Pastures administered and controlled by Canada but in respect of which Saskatchewan has a reversionary interest), and Saskatchewan (in the case of provincial community pastures) may approve of the sale of the pasture to the Band. Nothing in this section shall be deemed to preclude Canada from selling P.F.R. A. Pastures (which are owned, administered and controlled solely by Canada and in respect of which Saskatchewan has no reversionary interest) in the event that less than seventy-five (75%) percent of the affected Occupants of Crown Land have consented to such a sale. (c) Saskatchewan agrees that where the Band wishes to purchase provincial Crown Land that is covered by a Forest Management Licence Agreement, the purchase price shall be determined in accordance with subsection 4.10(b) and the consent of the licensee will not be required where Saskatchewan can, pursuant to the terms of the Forest Management Licence Agreement, withdraw the Lands from the Forest Management Licence Agreement without the consent of the licensee provided that: (i) where Saskatchewan can withdraw the Lands without cost, no additional compensation shall be payable by the Band; (ii) where Saskatchewan can withdraw the Lands without cost, other than the cost of providing alternate Land to the licensee where satisfactory alternate Land is available, no additional compensation shall be payable by the Band; and (iii) where Saskatchewan cannot withdraw the Lands without paying compensation to the licensee, the Band has agreed to pay all compensation required to be paid to the licensee pursuant to the terms of such Forest Management Licence Agreement.

Appears in 1 contract

Samples: Treaty Land Entitlement Settlement Agreement

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