Common use of Matters for Arbitration Clause in Contracts

Matters for Arbitration. (a) Canada, Saskatchewan and the Band further agree that should a dispute arise between any of them with respect to the following matters, that the dispute may be referred to the Chairperson for resolution: (i) selection of the independent appraiser to determine the value of Crown Lands or Crown Improvements that either Canada or Saskatchewan have agreed to sell to the Band; (ii) selection of the independent appraiser to determine the value of Crown Minerals that either Canada or Saskatchewan have agreed to sell to the Band; (iii) selection of the independent appraiser to determine the fair market value compensation to be paid to Canada and/or the Band in respect of Improvements or developments pursuant to subparagraph 7.02(c)(iv)(B); (iv) the determination as to whether any particular parcel of Crown Land is: (A) Shore Land; (B) located within the boundaries of a Northern Municipality; (C) Productive Forest Land; (D) located within fifty (50) kilometres of the boundary of an Urban Municipality or a Northern Municipality; or (E) located inside or outside of any of those areas referred to in subsection 4.10(b); (v) the determination of any payment required to be made by Canada or Saskatchewan to the Rural Municipal Compensation Fund or the School Division Compensation Fund pursuant to Article 12; (vi) the determination as to whether any particular Waterbody has an area greater than one thousand (1,000) acres; (vii) the determination as to whether any particular Waterbody has a width, at any point adjacent to Crown Land in question, of twenty (20) meters or more; (viii) the determination of any other matter which has been indicated herein as being the subject of any determination by the Chairperson; and (ix) the selection of an independent appraiser with respect to any other matter which has been indicated herein as being subject to determination by an independent appraiser.

Matters for Arbitration. (a) Canada, Saskatchewan and the Band further agree that should a dispute arise between any of them with respect to the following matters, that the dispute may be referred to the Chairperson for resolution: (i) selection of the independent appraiser to determine the value of Crown Lands or Crown Improvements that either Canada or Saskatchewan have agreed to sell to the Band; (ii) selection of the independent appraiser to determine the value of Crown Minerals that either Canada or Saskatchewan have agreed to sell to the Band; (iii) selection of the independent appraiser to determine the fair market value compensation to be paid to Canada and/or the Band in respect of Improvements or developments pursuant to subparagraph 7.02(c)(iv)(B); (iv) the determination as to whether any particular parcel of Crown Land is: (A) Shore Land; (B) located within the boundaries of a Northern Municipality; (C) Productive Forest Land; (D) located within fifty (50) kilometres of the boundary of an Urban Municipality or a Northern Municipality; or (E) located inside or outside of any of those areas referred to in subsection 4.10(b); (v) the determination of any payment required to be made by Canada or Saskatchewan to the Rural Municipal Compensation Fund or the School Division Compensation Fund pursuant to Article 12; (vi) the determination as to whether any particular Waterbody has an area greater than one thousand (1,000) acres; (vii) the determination as to whether any particular Waterbody has a width, at any point adjacent to Crown Land in question, of twenty (20) meters or more; (viiiv) the determination of any other matter which has been indicated herein as being the subject of any determination by the Chairperson; and (ixvi) the selection of an independent appraiser with respect to any other matter which has been indicated herein as being subject to determination by an independent appraiser. (b) Canada, Saskatchewan and the Band agree that should a dispute arise between any of them with respect to the following matters, the dispute may be referred to the Arbitration Board for resolution: (i) whether a particular Waterbody is, or will be, wholly enclosed within an Entitlement Reserve and has no Discernible Surface Outlet; (ii) the appropriate representation of the Band on a Co-Management Board; (iii) whether a Provincial Road is used primarily to provide access to locations within an Entitlement Reserve; (iv) whether Improvements have been placed upon an Undeveloped Road Allowance or immediately adjacent thereto and whether those Improvements can easily be relocated; (v) whether any of the lands, properties, sites or areas referred to in subsection 4.07(b) are so designated, or proposed to be so designated, at the time the Band indicates in writing that it wished to Purchase such land; (vi) the determination as to whether any particular parcel of land is the subject of the freeze policy pursuant to section 4.09; (vii) resolution of any dispute with respect to the existence of a Public Purposes Plan arising pursuant to subparagraph 5.04(a)(vi); (viii) determination of any matter relating to the relocation of Improvements as contemplated in subparagraph 7.02(c)(iv)(A); (ix) determination of any dispute respecting the creation of any urban Reserve referred to in subsection 9.01(c); (x) the determination of any dispute respecting the amount of any Provincial Mineral Revenues for the purposes of sections 5.07 or 5.08; and (xi) the determination of any other matter which has been indicated herein as being the subject of any determination by the Arbitration Board. (c) The parties, or any of them, may agree to submit any other dispute between them to either the Chairperson or the Arbitration Board.

Matters for Arbitration. (a) Canada, Saskatchewan and the Band further agree that should a dispute arise between any of them with respect to the following matters, that the dispute may be referred to the Chairperson for resolution: (i) selection of the independent appraiser to determine the value of Crown Lands or Crown Improvements that either Canada or Saskatchewan have agreed to sell to the Band; (ii) selection of the independent appraiser to determine the value of Crown Minerals that either Canada or Saskatchewan have agreed to sell to the Band; (iii) selection of the independent appraiser to determine the fair market value compensation to be paid to Canada and/or the Band in respect of Improvements or developments pursuant to subparagraph 7.02(c)(iv)(B); (iv) the determination as to whether any particular parcel of Crown Land is: (A) Shore Land; (B) located within the boundaries of a Northern Municipality; (C) Productive Forest Land; (D) located within fifty (50) kilometres of the boundary of an Urban Municipality or a Northern Municipality; or (E) located inside or outside of any of those areas referred to in subsection 4.10(b); (v) the determination of any payment required to be made by Canada or Saskatchewan to the Rural Municipal Compensation Fund or the School Division Compensation Fund pursuant to Article 12; (vi) the determination as to whether any particular Waterbody has an area greater than one thousand (1,000) acres; (vii) the determination as to whether any particular Waterbody has a width, at any point adjacent to Crown Land in question, of twenty (20) meters or more; (viii) the determination of any other matter which has been indicated herein as being the subject of any determination by the Chairperson; and (ix) the selection of an independent appraiser with respect to any other matter which has been indicated herein as being subject to determination by an independent appraiser. (b) Canada, Saskatchewan and the Band agree that should a dispute arise between any of them with respect to the following matters, the dispute may be referred to the Arbitration Board for resolution: (i) whether a particular Waterbody is, or will be, wholly enclosed within an Entitlement Reserve and has no Discernible Surface Outlet; (ii) the appropriate representation of the Band on a Co-Management Board; (iii) whether a Provincial Road is used primarily to provide access to locations within an Entitlement Reserve; (iv) whether Improvements have been placed upon an Undeveloped Road Allowance or immediately adjacent thereto and whether those Improvements can easily be relocated; (v) whether any of the lands, properties, sites or areas referred to in subsection 4.07(b) are so designated, or proposed to be so designated, at the time the Band indicates in writing that it wished to Purchase such land; (vi) any arbitration involving the Band, Saskatchewan, Canada and a Northern Municipality or School Division pursuant to section 4.11; (vii) resolution of any dispute with respect to the existence of a Public Purposes Plan arising pursuant to subparagraph 5.04(a)(vi); (viii) determination of any matter relating to the relocation of Improvements as contemplated in subparagraph 7.02(c)(iv)(A); (ix) determination of any dispute respecting the creation of any urban Reserve referred to in subsection 9.01(c); (x) determination of any dispute respecting the amount of any Provincial Mineral Revenues for the purposes of sections 5.07 or 5.08; and (xi) the determination of any other matter which has been indicated herein as being the subject of any determination by the Arbitration Board. (c) The parties, or any of them, may agree to submit any other dispute between them to either the Chairperson or the Arbitration Board.