NON-CONSENT OF A DISPOSITION HOLDER. (a) Notwithstanding subsection 5.03(a), where Saskatchewan is the Fee Simple Mineral Owner of Minerals underlying Entitlement Lands which it does not hold in trust pursuant to an existing trust agreement or trust certificate for any Person, but a Mineral Disposition Holder does not consent to the sale of such Minerals to the Band, Saskatchewan agrees that it will give favourable consideration to the Purchase of its interest notwithstanding the lack of consent by the Mineral Disposition Holder provided an Agreement to Purchase has first been entered into among Canada, Saskatchewan and the Band containing the following terms and conditions, together with others that the parties may agree upon:
NON-CONSENT OF A DISPOSITION HOLDER. (a) Notwithstanding subsection 5.03(a), where Saskatchewan is the Fee Simple Mineral Owner of Minerals underlying Entitlement Lands which it does not hold in trust pursuant to an existing trust agreement or trust certificate for any Person, but a Mineral Disposition Holder does not consent to the sale of such Minerals to the Band, Saskatchewan agrees that it will give favourable consideration to the Purchase of its interest notwithstanding the lack of consent by the Mineral Disposition Holder provided an Agreement to Purchase has first been entered into among Canada, Saskatchewan and the Band containing the following terms and conditions, together with others that the parties may agree upon:
(i) the purchase price for the said Minerals shall, unless otherwise agreed, be paid to Saskatchewan upon the signing of the Agreement to Purchase the same;
(ii) Saskatchewan will agree to transfer the Minerals to Canada for the benefit of the Band forthwith upon the expiration or termination of the interest held by the Mineral Disposition Holder that failed or refused to consent to the sale of the Minerals to the Band;
(iii) Saskatchewan will pay to the Band (or to Canada in the event the surface of the Entitlement Land is held in the name of Canada) for the use and benefit of the Band, all Provincial Mineral Revenues actually paid to Saskatchewan in respect of the said Minerals between the date of the signing of the agreement referred to in subparagraph 5.07(a)(i) and the date of the transfer of Minerals referred to in subparagraph 5.07(a)(ii), minus an agreed-upon fee for administration not to exceed five (5%) percent of such Provincial Mineral Revenues; and
(iv) in the event of a default by the Mineral Disposition Holder, Saskatchewan agrees to take all reasonable steps, to collect any unpaid Provincial Mineral Revenues owing by such Mineral Disposition Holder to Saskatchewan pursuant to the terms of the Mineral Disposition.
(b) In any case where subsection (a) is applicable, Canada agrees that any Provincial Mineral Revenues transferred to Canada for the benefit of the Band pursuant to subsection, 5.07(a) will not be considered to be revenues of Saskatchewan for the purpose of calculating any entitlement which Saskatchewan might have to equalization payments or for the purposes of other federal-provincial fiscal arrangements whatsoever.
