PRE-ACQUISITION REQUIREMENTS. (1) Prior to the acquisition of Entitlement Land, the Council, acting through the Trustees, shall: (a) obtain appropriate and correct legal searches of title respecting the Land, Minerals and Improvements, all Third Party Interests, ownership of Minerals and Mineral Dispositions relating thereto; (b) notify the Department, by Band Council Resolution ("BCR"), that the searches under subparagraph (a) above have been completed and cause to be delivered complete copies of all search results and other documentation in accordance with Stage 1 of Schedule 6. The BCR shall clearly indicate, following enquiries with the owner of such Land, Minerals or Improvements (including in the case of Crown Land, Minerals or Improvements those enquiries contemplated in Articles 4 and 5) that: (i) the Land (including, where required, all Minerals and Improvements) is available for Purchase; and (ii) the Entitlement Band consents to the execution and registration by Canada of all applicable Replacement Public Utility Easements which may affect the subject property pursuant to section 8.03; and (iii) the Entitlement Band intends to Purchase the same and thereafter transfer title to all, or any clearly identified portion, of the Entitlement Land to Canada; or (iv) the Entitlement Band intends to have Canada assist the Entitlement Band by agreeing to accept the direct transfer of such Land, Minerals or Improvements from the current owner to Canada. (2) Upon Canada receiving the BCR and other documentation referred to in subsection (1) above, the following shall (unless otherwise agreed in writing between the parties) take place: (a) the Department shall, as soon as reasonably possible, but in any event within fourteen (14) days, of receipt thereof from the Entitlement Band, cause the BCR to be registered by its Saskatchewan Regional Office on a central registry system. The Department and XXXXX shall co-operate to promptly determine whether the legal descriptions and related searches are sufficient for XXXXX to proceed or whether, in addition, a treaty land entitlement selection map is also required by XXXXX; (b) the Saskatchewan Regional Office shall, as soon as reasonably possible, but in any event within fourteen (14) days if no selection map is required by XXXXX (or within thirty (30) days in the event a selection map is required), forward a copy of the BCR and any accompanying documents to XXXXX requesting: (i) information respecting the existence and location of any registered or unregistered Public Utility Easements; (ii) Saskatchewan's best available information respecting the existence and location of any Waterbody affecting the identified Land (other than a wholly enclosed Waterbody referred to in section 6.01); and (iii) any other information required in accordance with the Terms and Conditions of Entitlement Reserve Creation (including provincial considerations in respect of the proposed Entitlement Reserve); and such information shall be delivered by XXXXX to the Department as soon as reasonably possible but, in any event: (iv) within forty-five (45) days in the event that the identified Lands, Minerals or Improvements are provincial Crown assets which Saskatchewan has agreed to sell pursuant to section 4.05 or section 5.03; or (v) within ninety (90) days in respect of any other property; (c) if the information provided by Saskatchewan in subparagraph (b) identifies the existence and location of any Waterbody affecting the Land which is not wholly enclosed therein (and in respect of which Saskatchewan has not agreed to transfer the related beds and shores), Saskatchewan agrees as soon as reasonably possible and at its expense to supply to the Entitlement Band and to Canada a correct and registerable legal description (only in respect of any land which is, at that time, surveyed land administered under The Land Titles Act, R.S.S. 1978, L-5) for such Waterbody and any available information with respect to the acreage of each such identified Waterbody. (3) Upon completion of the requirements set forth in subsections (1) and (2) above, the parties agree that the following will take place: (a) upon the finalization of the submission pursuant to Schedule 6 (including, where required, any approval by BCR) and its delivery by the Department to both the Regional Additions to Reserves Committee and the Department of Justice, Canada, through the Department's Regional Director General ("R.D.G.") shall (unless otherwise agreed between the Department and the Entitlement Band) notify the Entitlement Band in writing, in accordance with the time frames set forth in Schedule 6, that: (i) the Entitlement Land has been unconditionally recommended by the Regional Additions to Reserves Committee to the R.D.G. for Approval in Principle and the R.D.G. has granted an unconditional Approval in Principle for Entitlement Reserve status; or (ii) a conditional Approval in Principle has been recommended by the Regional Additions to Reserves Committee and a conditional Approval in Principle has been granted by the R.D.G. clearly listing the conditions which remain to be met before an unconditional Approval in Principle will be granted; or (iii) the proposed Entitlement Land has been rejected for Entitlement Reserve status by either the Regional Additions to Reserves Committee or the R.D.G., and the reasons for such rejection have been clearly identified in writing to the Entitlement Band by the Department; or (iv) in the event of a rejection of a submission by the Regional Additions to Reserves Committee or the R.D.G., the affected Entitlement Band, acting reasonably, may request in writing that the R.D.G. and any appropriate officials of the Department (including, where necessary, the members of the Regional Additions to Reserves Committee) agree to meet with the appropriate officials of the Entitlement Band to further clarify or explain the basis for the rejection, and compliance with such request shall not be unreasonably withheld. (b) where a conditional Approval in Principle is granted by the R.D.G., the Department shall use its best efforts to advise XXXXX thereof and to identify in writing the affected Land, Minerals and Improvements. Upon unconditional Approval in Principle being granted by the R.D.G. (or all necessary conditions relating to a conditional Approval in Principle having been fulfilled), the following shall take place: (i) the Department shall notify XXXXX that an unconditional Approval in Principle has been granted and identify in writing the affected Lands, Minerals and/or Improvements; (ii) if the affected Land has been determined to be subject to any registered or unregistered Public Utility Easement, Saskatchewan agrees that it will, at no cost to the Entitlement Band, cause to be provided to Canada a Replacement Public Utility Easement respecting all unregistered or registered Public Utility Easements together with any applicable registrable discharges in accordance with section 8.03 and Canada shall, at no cost to the Entitlement Band or to the Public Utility Companies, cause any registered Public Utility Easements to be discharged and all Replacement Public Utility Easements to be registered in accordance with section 8.03; (iii) the Entitlement Band may, if they have not already done so, promptly proceed (unless otherwise agreed with Canada) to Purchase the Entitlement Land within fifteen (15) months of the Approval in Principle, (failing which the same shall at Canada's option, be null and void) and following such Purchase Canada shall accept such transfer of title in accordance with this Agreement and the Band Specific Agreement; (iv) following Purchase of the Entitlement Land and following transfer of title to Canada (acceptance of which transfer of title shall be conditional upon compliance of the property with the terms hereof and that no additional and unresolved Third Party Interests or Mineral Dispositions having arisen subsequent to the Approval in Principle), Canada shall, at its cost, as soon as reasonably possible subject to prevailing weather conditions, carry out any required outer boundary surveys; and (v) once such surveys are complete (or any other alternative legal description satisfactory to Canada has been obtained), the Minister shall recommend to the Governor-In-Council that such Entitlement Land be set apart as an Entitlement Reserve, and Canada will further cause to be prepared by the Department, the necessary submission to the Governor-In-Council to give effect to such recommendation and shall notify Saskatchewan within thirty (30) days of the date that such Entitlement Land was set apart as an Entitlement Reserve. (4) If Canada or Saskatchewan fail to comply in any material way with the time frames contained herein, then Canada or Saskatchewan (except to the extent any delay has been caused by the failure of an Entitlement Band to promptly and accurately comply in any material way with its obligations pursuant to this Agreement, its Band Specific Agreement or Trust Agreement) shall provide compensation to the Entitlement Band or the Trustees for all direct costs or losses suffered by the Entitlement Band or the Trustees as the result of any such failure by Canada or Saskatchewan to comply with the terms of this Article for which they are responsible.
Appears in 3 contracts
Samples: Saskatchewan Treaty Land Entitlement Framework Agreement, Saskatchewan Treaty Land Entitlement Framework Agreement, Saskatchewan Treaty Land Entitlement Framework Agreement
PRE-ACQUISITION REQUIREMENTS. (1) Prior to the acquisition of Entitlement Land, the Council, acting through the Trustees, shall:
(a) obtain appropriate and correct legal searches of title respecting the Land, Minerals and Improvements, all Third Party Interests, and the ownership of Minerals and Mineral Dispositions relating thereto;
(b) notify the Department, by Band Council Resolution ("BCR"), that the searches under subparagraph (a) above have been completed and cause to be delivered complete copies of all search results and other documentation in accordance with Stage 1 of Schedule 6. The BCR shall clearly indicate, following enquiries with the owner of such Land, Minerals or Improvements (including in the case of Crown Land, Minerals or Improvements those enquiries contemplated in Articles 4 and 5) that:
(i) the Land (including, where required, all Minerals and Improvements) is available for Purchase; and
(ii) the Entitlement Band consents to the execution and registration by Canada of all applicable Replacement Public Utility Easements which may affect the subject property pursuant to section 8.03; and
(iii) the Entitlement Band intends to Purchase the same and thereafter transfer title to all, or any clearly identified portion, of the Entitlement Land to Canada; or
(iv) the Entitlement Band intends to have Canada assist the Entitlement Band by agreeing to accept the direct transfer of such Land, Minerals or Improvements from the current owner to Canada.
(2) Upon Canada receiving the BCR and other documentation referred to in subsection (1) above, the following shall (unless otherwise agreed in writing between the parties) take place:
(a) the Department shall, as soon as reasonably possible, but in any event within fourteen (14) days, of receipt thereof from the Entitlement Band, cause the BCR to be registered by its Saskatchewan Regional Office on a central registry system. The Department and XXXXX FNMR shall co-operate to promptly determine whether the legal descriptions and related searches are sufficient for XXXXX FNMR to proceed or whether, in addition, a treaty land entitlement selection map is also required by XXXXXFNMR;
(b) the Saskatchewan Regional Office shall, as soon as reasonably possible, but in any event within fourteen (14) days if no selection map is required by XXXXX FNMR (or within thirty (30) days in the event a selection map is required), forward a copy of the BCR and any accompanying documents to XXXXX FNMR requesting:
(i) information respecting the existence and location of any registered or unregistered Public Utility Easements;
(ii) Saskatchewan's best available information respecting the existence and location of any Waterbody affecting the identified Land (other than a wholly enclosed Waterbody referred to in section 6.01); and
(iii) any other information required in accordance with the Terms and Conditions of Entitlement Reserve Creation (including provincial considerations in respect of the proposed Entitlement Reserve); and such information shall be delivered by XXXXX FNMR to the Department as soon as reasonably possible but, in any event:
(iv) within forty-five (45) days in the event that the identified Lands, Minerals or Improvements are provincial Crown assets which Saskatchewan has agreed to sell pursuant to section 4.05 or section 5.03; or
(v) within ninety (90) days in respect of any other property;
(c) if the information provided by Saskatchewan in subparagraph (b) identifies the existence and location of any Waterbody affecting the Land which is not wholly enclosed therein (and in respect of which Saskatchewan has not agreed to transfer the related beds and shores), Saskatchewan agrees as soon as reasonably possible and at its expense to supply to the Entitlement Band and to Canada a correct and registerable legal description (only in respect of any land which is, at that time, surveyed land administered under The Land Titles Act, R.S.S. 1978, L-5) for such Waterbody and any available information with respect to the acreage of each such identified Waterbody.
(3) Upon completion of the requirements set forth in subsections (1) and (2) above, the parties agree that the following will take place:
(a) upon the finalization of the submission pursuant to Schedule 6 (including, where required, any approval by BCR) and its delivery by the Department to both the Regional Additions to Reserves Committee and the Department of Justice, Canada, through the Department's Regional Director General ("R.D.G.") ), the R.D.G. shall (unless otherwise agreed between the Department and the Entitlement Band) notify the Entitlement Band in writing, in accordance with the time frames set forth in Schedule 6, that:
(i) the Entitlement Land has been unconditionally recommended by the Regional Additions to Reserves Committee to the R.D.G. for Approval in Principle and the R.D.G. has granted an unconditional Approval in Principle for Entitlement Reserve status; or
(ii) a conditional Approval in Principle has been recommended by the Regional Additions to Reserves Committee and a conditional Approval in Principle has been granted by the R.D.G. clearly listing the conditions which remain to be met before an unconditional Approval in Principle will be granted; or
(iii) the proposed Entitlement Land has been rejected for Entitlement Reserve status by either the Regional Additions to Reserves Committee or the R.D.G., and the reasons for such rejection have been clearly identified in writing to the Entitlement Band by the Department; or
(iv) in the event of a rejection of a submission by the Regional Additions to Reserves Committee or the R.D.G., the affected Entitlement Band, acting reasonably, may request in writing that the R.D.G. and any appropriate officials of the Department (including, where necessary, the members of the Regional Additions to Reserves Committee) agree to meet with the appropriate officials of the Entitlement Band to further clarify or explain the basis for the rejection, and compliance with such request shall not be unreasonably withheld.
(b) where a conditional Approval in Principle is granted by the R.D.G., the Department shall use its best efforts to advise XXXXX FNMR thereof and to identify in writing the affected Land, Minerals and Improvements. Upon unconditional Approval in Principle being granted by the R.D.G. (or all necessary conditions relating to a conditional Approval in Principle having been fulfilled), the following shall take place:
(i) the Department shall notify XXXXX FNMR that an unconditional Approval in Principle has been granted and identify in writing the affected Lands, Minerals and/or Improvements;
(ii) if the affected Land has been determined to be subject to any registered or unregistered Public Utility Easement, Saskatchewan agrees that it will, at no cost to the Entitlement Band, cause to be provided to Canada a Replacement Public Utility Easement respecting all unregistered or registered Public Utility Easements together with any applicable registrable registerable discharges in accordance with section 8.03 and Canada shall, at no cost to the Entitlement Band or to the Public Utility Companies, cause any registered Public Utility Easements to be discharged and all Replacement Public Utility Easements to be registered in accordance with section 8.03;
(iii) the Entitlement Band may, if they have not already done so, promptly proceed (unless otherwise agreed with Canada) to Purchase the Entitlement Land within with fifteen (15) months of the Approval in Principle, (failing which the same shall at Canada's option, be null and void) and following such Purchase Canada shall accept such transfer of title in accordance with this Agreement and the Band Specific Agreement;
(iv) following Purchase of the Entitlement Land and following transfer of title to Canada (acceptance of which transfer of title shall be conditional upon compliance of the property with the terms hereof and that no additional and unresolved Third Party Interests or Mineral Dispositions having arisen subsequent to the Approval in Principle), Canada shall, at its cost, as soon as reasonably possible subject to prevailing weather conditions, carry out any required outer boundary surveys; and
(v) once such surveys are complete (or any other alternative once an acceptable and registerable legal description satisfactory to Canada has been obtained), the Minister shall recommend to the Governor-Inin-Council that such Entitlement Land be set apart as an Entitlement Reserve, and and, when required, Canada will further cause to be prepared by the Department, Department the necessary submission to the Governor-In-Governor in Council to give effect to such recommendation and shall shall, in any event notify Saskatchewan within thirty (30) days of the date that such Entitlement Land was set apart as an Entitlement Reserve.
(4) If Canada or Saskatchewan fail to comply in any material way with the time frames contained herein, then Canada or Saskatchewan (except to the extent any delay has been caused by the failure of an Entitlement the Band to promptly and accurately comply in any material way with its obligations pursuant to this Agreement, its Band Specific Agreement or the Trust Agreement) shall provide compensation to the Entitlement Band or the Trustees for all direct costs or losses suffered by the Entitlement Band or the Trustees as the result of any such failure by Canada or Saskatchewan to comply with the terms of this Article for which they are responsible.
Appears in 3 contracts
Samples: Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement
PRE-ACQUISITION REQUIREMENTS. (1) Prior to the acquisition of Entitlement Land, the Council, acting through the Trustees, shall:
(a) obtain appropriate and correct legal searches of title respecting the Land, Minerals and Improvements, all Third Party Interests, and the ownership of Minerals and Mineral Dispositions relating thereto;
(b) notify the Department, by Band Council Resolution ("BCR"), that the searches under subparagraph (a) above have been completed and cause to be delivered complete copies of all search results and other documentation in accordance with Stage 1 of Schedule 6. The BCR shall clearly indicate, following enquiries with the owner of such Land, Minerals or Improvements (including in the case of Crown Land, Minerals or Improvements those enquiries contemplated in Articles 4 and 5) that:
(i) the Land (including, where required, all Minerals and Improvements) is available for Purchase; and
(ii) the Entitlement Band consents agrees to the execution and registration by Canada of register all applicable Replacement Public Utility Easements which may affect the subject property pursuant to section 8.03; and
(iii) the Entitlement Band intends to Purchase the same and thereafter transfer title to all, or any clearly identified portion, of the Entitlement Land to Canada; or
(iv) the Entitlement Band intends to have Canada assist the Entitlement Band by agreeing to accept the direct transfer of such Land, Minerals or Improvements from the current owner to Canada.
(2) Upon Canada receiving the BCR and other documentation referred to in subsection (1) above, the following shall (unless otherwise agreed in writing between the parties) take place:
(a) the Department shall, as soon as reasonably possible, but in any event within fourteen (14) days, of receipt thereof from the Entitlement Band, cause the BCR to be registered by its Saskatchewan Regional Office on a central registry system. The Department and XXXXX FNMR shall co-operate to promptly determine whether the legal descriptions and related searches are sufficient for XXXXX FNMR to proceed or whether, in addition, a treaty land entitlement selection map is also required by XXXXXFNMR;
(b) the Saskatchewan Regional Office shall, as soon as reasonably possible, but in any event within fourteen (14) days if no selection map is required by XXXXX FNMR (or within thirty (30) days in the event a selection map is required), forward a copy of the BCR and any accompanying documents to XXXXX FNMR requesting:
(i) information respecting the existence and location of any registered or unregistered Public Utility Easements;
(ii) Saskatchewan's best available information respecting the existence and location of any Waterbody affecting the identified Land (other than a wholly enclosed Waterbody referred to in section 6.01); and
(iii) any other information required in accordance with the Terms and Conditions of Entitlement Reserve Creation (including provincial considerations in respect of the proposed Entitlement Reserve); and such information shall be delivered by XXXXX FNMR to the Department as soon as reasonably possible but, in any event:
(iv) within forty-five (45) days in the event that the identified Lands, Minerals or Improvements are provincial Crown assets which Saskatchewan has agreed to sell pursuant to section 4.05 or section 5.03; or
(v) within ninety (90) days in respect of any other property;
(c) if the information provided by Saskatchewan in subparagraph (b) identifies the existence and location of any Waterbody affecting the Land which is not wholly enclosed therein (and in respect of which Saskatchewan has not agreed to transfer the related beds and shores), Saskatchewan agrees as soon as reasonably possible and at its expense to supply to the Entitlement Band and to Canada a correct and registerable legal description (only in respect of any land which is, at that time, surveyed land administered under The Land Titles Act, R.S.S. 1978, L-5) for such Waterbody and any available information with respect to the acreage of each such identified Waterbody.
(3) Upon completion of the requirements set forth in subsections (1) and (2) above, the parties agree that the following will take place:
(a) upon the finalization of the submission pursuant to Schedule 6 (including, where required, any approval by BCR) and its delivery by the Department to both the Regional Additions to Reserves Committee and the Department of Justice, Canada, through the Department's Regional Director General ("R.D.G.") ), the R.D.G. shall (unless otherwise agreed between the Department and the Entitlement Band) notify the Entitlement Band in writing, in accordance with the time frames set forth in Schedule 6, that:
(i) the Entitlement Land has been unconditionally recommended by the Regional Additions to Reserves Committee to the R.D.G. for Approval in Principle and the R.D.G. has granted an unconditional Approval in Principle for Entitlement Reserve status; or
(ii) a conditional Approval in Principle has been recommended by the Regional Additions to Reserves Committee and a conditional Approval in Principle has been granted by the R.D.G. clearly listing the conditions which remain to be met before an unconditional Approval in Principle will be granted; or
(iii) the proposed Entitlement Land has been rejected for Entitlement Reserve status by either the Regional Additions to Reserves Committee or the R.D.G., and the reasons for such rejection have been clearly identified in writing to the Entitlement Band by the Department; or
(iv) in the event of a rejection of a submission by the Regional Additions to Reserves Committee or the R.D.G., the affected Entitlement Band, acting reasonably, may request in writing that the R.D.G. and any appropriate officials of the Department (including, where necessary, the members of the Regional Additions to Reserves Committee) agree to meet with the appropriate officials of the Entitlement Band to further clarify or explain the basis for the rejection, and compliance with such request shall not be unreasonably withheld.
(b) where a conditional Approval in Principle is granted by the R.D.G., the Department shall use its best efforts to advise XXXXX FNMR thereof and to identify in writing the affected Land, Minerals and Improvements. Upon unconditional Approval in Principle being granted by the R.D.G. (or all necessary conditions relating to a conditional Approval in Principle having been fulfilled), the following shall take place:
(i) the Department shall notify XXXXX FNMR that an unconditional Approval in Principle has been granted and identify in writing the affected Lands, Minerals and/or Improvements;
(ii) if the affected Land has been determined to be subject to any registered or unregistered Public Utility Easement, Saskatchewan agrees that it will, at no cost to the Entitlement Band, cause to be provided to Canada provide a Replacement Public Utility Easement respecting all unregistered or registered Public Utility Easements together with any applicable registrable registerable discharges in accordance with section 8.03 and Canada shallthe Band, at no cost to the Entitlement Band or to the Public Utility Companies, shall cause any registered Public Utility Easements to be discharged and all Replacement Public Utility Easements to be registered in accordance with section 8.03;
(iii) the Entitlement Band may, if they have not already done so, promptly proceed (unless otherwise agreed with Canada) to Purchase the Entitlement Land within with fifteen (15) months of the Approval in Principle, (failing which the same shall at Canada's option, be null and void) and following such Purchase Canada shall accept such transfer of title in accordance with this Agreement and the Band Specific Agreement;
(iv) following Purchase of the Entitlement Land and following transfer of title to Canada (acceptance of which transfer of title shall be conditional upon compliance of the property with the terms hereof and that no additional and unresolved Third Party Interests or Mineral Dispositions having arisen subsequent to the Approval in Principle), Canada shall, at its cost, as soon as reasonably possible subject to prevailing weather conditions, carry out any required outer boundary surveys; and
(v) once such surveys are complete (or any other alternative once an acceptable and registerable legal description satisfactory to Canada has been obtained), the Minister shall recommend to the Governor-Inin-Council that such Entitlement Land be set apart as an Entitlement Reserve, and and, when required, Canada will further cause to be prepared by the Department, Department the necessary submission to the Governor-In-Governor in Council to give effect to such recommendation and shall shall, in any event notify Saskatchewan within thirty (30) days of the date that such Entitlement Land was set apart as an Entitlement Reserve.
(4) If Canada or Saskatchewan fail to comply in any material way with the time frames contained herein, then Canada or Saskatchewan (except to the extent any delay has been caused by the failure of an Entitlement the Band to promptly and accurately comply in any material way with its obligations pursuant to this Agreement, its Band Specific Agreement or the Trust Agreement) shall provide compensation to the Entitlement Band or the Trustees for all direct costs or losses suffered by the Entitlement Band or the Trustees as the result of any such failure by Canada or Saskatchewan to comply with the terms of this Article for which they are responsible.
Appears in 2 contracts
Samples: Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement
PRE-ACQUISITION REQUIREMENTS. (1) Prior to the acquisition of Entitlement Land, the Council, acting through the Trustees, shall:
(a) obtain appropriate and correct legal searches of title respecting the Land, Minerals and Improvements, all Third Party Interests, ownership of Minerals and Mineral Dispositions relating thereto;
(b) notify the Department, by Band Council Resolution ("BCR"), that the searches under subparagraph (a) above have been completed and cause to be delivered complete copies of all search results and other documentation in accordance with Stage 1 of Schedule 63. The BCR shall clearly indicate, following enquiries with the owner of such Land, Minerals or Improvements (including in the case of Crown Land, Minerals or Improvements those enquiries contemplated in Articles 4 and 5) that:
(i) the Land (including, where required, all Minerals and Improvements) is available for Purchase; and
(ii) the Entitlement Band consents to the execution and registration by Canada of all applicable Replacement Public Utility Easements which may affect the subject property pursuant to section 8.03; and
(iii) the Entitlement Band intends to Purchase the same and thereafter transfer title to all, or any clearly identified portion, of the Entitlement Land to Canada; or
(iv) the Entitlement Band intends to have Canada assist the Entitlement Band by agreeing to accept the direct transfer of such Land, Minerals or Improvements from the current owner to Canada.
(2) Upon Canada receiving the BCR and other documentation referred to in subsection (1) above, the following shall (unless otherwise agreed in writing between the parties) take place:
(a) the Department shall, as soon as reasonably possible, but in any event within fourteen (14) days, of receipt thereof from the Entitlement Band, cause the BCR to be registered by its Saskatchewan Regional Office on a central registry system. The Department and XXXXX shall co-operate to promptly determine whether the legal descriptions and related searches are sufficient for XXXXX to proceed or whether, in addition, a treaty land entitlement selection map is also required by XXXXX;
(b) the Saskatchewan Regional Office shall, as soon as reasonably possible, but in any event within fourteen (14) days if no selection map is required by XXXXX (or within thirty (30) days in the event a selection map is required), forward a copy of the BCR and any accompanying documents to XXXXX requesting:
(i) information respecting the existence and location of any registered or unregistered Public Utility Easements;
(ii) Saskatchewan's best available information respecting the existence and location of any Waterbody affecting the identified Land (other than a wholly enclosed Waterbody referred to in section 6.01); and
(iii) any other information required in accordance with the Terms and Conditions of Entitlement Reserve Creation (including provincial considerations in respect of the proposed Entitlement Reserve); and such information shall be delivered by XXXXX to the Department as soon as reasonably possible but, in any event:
(iv) within forty-five (45) days in the event that the identified Lands, Minerals or Improvements are provincial Crown assets which Saskatchewan has agreed to sell pursuant to section 4.05 or section 5.03; or
(v) within with in ninety (90) days in respect of any other property;
(c) if the information provided by Saskatchewan in subparagraph (b) identifies the existence and location of any Waterbody affecting the Land which is not wholly enclosed therein (and in respect of which Saskatchewan has not agreed to transfer the related beds and shores), Saskatchewan agrees as soon as reasonably possible and at its expense to supply to the Entitlement Band and to Canada a correct and registerable legal description (only in respect of any land which is, at that time, surveyed land administered under The Land Titles Act, R.S.S. 1978, L-5) for such Waterbody and any available information with respect to the acreage of each such identified Waterbody.
(3) Upon completion of the requirements set forth in subsections (1) and (2) above, the parties agree that the following will take place:
(a) upon the finalization of the submission pursuant to Schedule 6 3 (including, where required, any approval by BCR) and its delivery by the Department to both the Regional Additions to Reserves Committee and the Department of Justice, Canada, through the Department's Regional Director General ("R.D.G.") shall (unless otherwise agreed between the Department and the Entitlement Band) notify the Entitlement Band in writing, in accordance with the time frames set forth in Schedule 63, that:
(i) the Entitlement Land has been unconditionally recommended by the Regional Additions to Reserves Committee to the R.D.G. for Approval in Principle and the R.D.G. has granted an unconditional Approval in Principle for Entitlement Reserve status; or
(ii) a conditional Approval in Principle has been recommended by the Regional Additions to Reserves Committee and a conditional Approval in Principle has been granted by the R.D.G. clearly listing the conditions which remain to be met before an unconditional Approval in Principle will be granted; or
(iii) the proposed Entitlement Land has been rejected for Entitlement Reserve status by either the Regional Additions to Reserves Committee or the R.D.G., and the reasons for such rejection have been clearly identified in writing to the Entitlement Band by the Department; or
(iv) in the event of a rejection of a submission by the Regional Additions to Reserves Committee or the R.D.G., the affected Entitlement Band, acting reasonably, may request in writing that the R.D.G. and any appropriate officials of the Department (including, where necessary, the members of the Regional Additions to Reserves Committee) agree to meet with the appropriate officials of the Entitlement Band to further clarify or explain the basis for the rejection, and compliance with such request shall not be unreasonably withheld.
(b) where a conditional Approval in Principle is granted by the R.D.G., the Department shall use its best efforts to advise XXXXX thereof and to identify in writing the affected Land, Minerals and Improvements. Upon unconditional Approval in Principle being granted by the R.D.G. (or all necessary conditions relating to a conditional Approval in Principle having been fulfilled), the following shall take place:
(i) the Department shall notify XXXXX that an unconditional Approval in Principle has been granted and identify in writing the affected Lands, Minerals and/or Improvements;
(ii) if the affected Land has been determined to be subject to any registered or unregistered Public Utility Easement, Saskatchewan agrees that it will, at no cost to the Entitlement Band, cause to be provided to Canada a Replacement Public Utility Easement respecting all unregistered or registered Public Utility Easements together with any applicable registrable discharges in accordance with section 8.03 and Canada shall, at no cost to the Entitlement Band or to the Public Utility Companies, cause any registered Public Utility Easements to be discharged and all Replacement Public Utility Easements to be registered in accordance with section 8.03;
(iii) the Entitlement Band may, if they have not already done so, promptly proceed (unless otherwise agreed with Canada) to Purchase the Entitlement Land within fifteen (15) months of the Approval in Principle, (failing which the same shall at Canada's option, be null and void) and following such Purchase Canada shall accept such transfer of title in accordance with this Agreement and the Band Specific Agreement;
(iv) following Purchase of the Entitlement Land and following transfer of title to Canada (acceptance of which transfer of title shall be conditional upon compliance of the property with the terms hereof and that no additional and unresolved Third Party Interests or Mineral Dispositions having arisen subsequent to the Approval in Principle), Canada shall, at its cost, as soon as reasonably possible subject to prevailing weather conditions, carry out any required outer boundary surveys; and
(v) once such surveys are complete (or any other alternative once an acceptable and registrable legal description satisfactory to Canada has been obtained), the Minister shall recommend to the Governor-In-Council that such Entitlement Land be set apart as an Entitlement Reserve, and Canada will further cause to be prepared by the Department, the necessary submission to the Governor-In-Council to give effect to such recommendation and shall notify Saskatchewan within thirty (30) days of the date that such Entitlement Land was set apart as an Entitlement Reserve.
(4) If Canada or Saskatchewan fail to comply in any material way with the time frames contained herein, then Canada or Saskatchewan (except to the extent any delay has been caused by the failure of an Entitlement the Band to promptly and accurately comply in any material way with its obligations pursuant to this Agreement, its Band Specific Agreement or the Trust Agreement) shall provide compensation to the Entitlement Band or the Trustees for all direct costs or losses suffered by the Entitlement Band or the Trustees as the result of any such failure by Canada or Saskatchewan to comply with the terms of this Article for which they are responsible.
Appears in 1 contract
PRE-ACQUISITION REQUIREMENTS. (1) Prior to the acquisition of Entitlement Land, the Council, acting through the Trustees, shall:
(a) obtain appropriate and correct legal searches of title respecting the Land, Minerals and Improvements, all Third Party Interests, ownership of Minerals and Mineral Dispositions relating thereto;
(b) notify the Department, by Band Council Resolution ("BCR"), that the searches under subparagraph (a) above have been completed and cause to be delivered complete copies of all search results and other documentation in accordance with Stage 1 of Schedule 6. The BCR shall clearly indicate, following enquiries with the owner of such Land, Minerals or Improvements (including in the case of Crown Land, Minerals or Improvements those enquiries contemplated in Articles 4 and 5) that:
(i) the Land (including, where required, all Minerals and Improvements) is available for Purchase; and
(ii) the Entitlement Band consents to the execution and registration by Canada of all applicable Replacement Public Utility Easements which may affect the subject property pursuant to section 8.03; and
(iii) the Entitlement Band intends to Purchase the same and thereafter transfer title to all, or any clearly identified portion, of the Entitlement Land to Canada; or
(iv) the Entitlement Band intends to have Canada assist the Entitlement Band by agreeing to accept the direct transfer of such Land, Minerals or Improvements from the current owner to Canada.
(2) Upon Canada receiving the BCR and other documentation referred to in subsection (1) above, the following shall (unless otherwise agreed in writing between the parties) take place:
(a) the Department shall, as soon as reasonably possible, but in any event within fourteen (14) days, of receipt thereof from the Entitlement Band, cause the BCR to be registered by its Saskatchewan Regional Office on a central registry system. The Department and XXXXX shall co-operate to promptly determine whether the legal descriptions and related searches are sufficient for XXXXX to proceed or whether, in addition, a treaty land entitlement selection map is also required by XXXXXSIMAS;
(b) the Saskatchewan Regional Office shall, as soon as reasonably possible, but in any event within fourteen (14) days if no selection map is required by XXXXX (or within thirty (30) days in the event a selection map is required), forward a copy of the BCR and any accompanying documents to XXXXX requesting:
(i) information respecting the existence and location of any registered or unregistered Public Utility Easements;
(ii) Saskatchewan's best available information respecting the existence and location of any Waterbody affecting the identified Land (other than a wholly enclosed Waterbody referred to in section 6.01); and
(iii) any other information required in accordance with the Terms and Conditions of Entitlement Reserve Creation (including provincial considerations in respect of the proposed Entitlement Reserve); and such information shall be delivered by XXXXX to the Department as soon as reasonably possible but, in any event:
(iv) within forty-five (45) days in the event that the identified Lands, Minerals or Improvements are provincial Crown assets which Saskatchewan has agreed to sell pursuant to section 4.05 or section 5.03; or
(v) within with in ninety (90) days in respect of any other property;
(c) if the information provided by Saskatchewan in subparagraph (b) identifies the existence and location of any Waterbody affecting the Land which is not wholly enclosed therein (and in respect of which Saskatchewan has not agreed to transfer the related beds and shores), Saskatchewan agrees as soon as reasonably possible and at its expense to supply to the Entitlement Band and to Canada a correct and registerable legal description (only in respect of any land which is, at that time, surveyed land administered under The Land Titles Act, R.S.S. 1978, L-5) for such Waterbody and any available information with respect to the acreage of each such identified Waterbody.
(3) Upon completion of the requirements set forth in subsections (1) and (2) above, the parties agree that the following will take place:
(a) upon the finalization of the submission pursuant to Schedule 6 5 (including, where required, any approval by BCR) and its delivery by the Department to both the Regional Additions to Reserves Committee and the Department of Justice, Canada, through the Department's Regional Director General ("R.D.G.") ), the R.G.D. shall (unless otherwise agreed between the Department and the Entitlement Band) notify the Entitlement Band in writing, in accordance with the time frames set forth in Schedule 65, that:
(i) the Entitlement Land has been unconditionally recommended by the Regional Additions to Reserves Committee to the R.D.G. for Approval in Principle and the R.D.G. has granted an unconditional Approval in Principle for Entitlement Reserve status; or
(ii) a conditional Approval in Principle has been recommended by the Regional Additions to Reserves Committee and a conditional Approval in Principle has been granted by the R.D.G. clearly listing the conditions which remain to be met before an unconditional Approval in Principle will be granted; or
(iii) the proposed Entitlement Land has been rejected for Entitlement Reserve status by either the Regional Additions to Reserves Committee or the R.D.G., and the reasons for such rejection have been clearly identified in writing to the Entitlement Band by the Department; or
(iv) in the event of a rejection of a submission by the Regional Additions to Reserves Committee or the R.D.G., the affected Entitlement Band, acting reasonably, may request in writing that the R.D.G. and any appropriate officials of the Department (including, where necessary, the members of the Regional Additions to Reserves Committee) agree to meet with the appropriate officials of the Entitlement Band to further clarify or explain the basis for the rejection, and compliance with such request shall not be unreasonably withheld.
(b) where a conditional Approval in Principle is granted by the R.D.G., the Department shall use its best efforts to advise XXXXX thereof and to identify in writing the affected Land, Minerals and Improvements. Upon unconditional Approval in Principle being granted by the R.D.G. (or all necessary conditions relating to a conditional Approval in Principle having been fulfilled), the following shall take place:
(i) the Department shall notify XXXXX that an unconditional Approval in Principle has been granted and identify in writing the affected Lands, Minerals and/or Improvements;
(ii) if the affected Land has been determined to be subject to any registered or unregistered Public Utility Easement, Saskatchewan agrees that it will, at no cost to the Entitlement Band, cause to be provided to Canada a Replacement Public Utility Easement respecting all unregistered or registered Public Utility Easements together with any applicable registrable discharges in accordance with section 8.03 and Canada shall, at no cost to the Entitlement Band or to the Public Utility Companies, cause any registered Public Utility Easements to be discharged and all Replacement Public Utility Easements to be registered in accordance with section 8.03;
(iii) the Entitlement Band may, if they have not already done so, promptly proceed (unless otherwise agreed with Canada) to Purchase the Entitlement Land within fifteen (15) months of the Approval in Principle, (failing which the same shall at Canada's option, be null and void) and following such Purchase Canada shall accept such transfer of title in accordance with this Agreement and the Band Specific Agreement;
(iv) following Purchase of the Entitlement Land and following transfer of title to Canada (acceptance of which transfer of title shall be conditional upon compliance of the property with the terms hereof and that no additional and unresolved Third Party Interests or Mineral Dispositions having arisen subsequent to the Approval in Principle), Canada shall, at its cost, as soon as reasonably possible subject to prevailing weather conditions, carry out any required outer boundary surveys; and
(v) once such surveys are complete (or any other alternative once an acceptable and registrable legal description satisfactory to Canada has been obtained), the Minister shall recommend to the Governor-In-Council that such Entitlement Land be set apart as an Entitlement Reserve, and Canada will further cause to be prepared by the Department, the necessary submission to the Governor-In-Governor In Council to give effect to such recommendation and shall notify Saskatchewan within thirty (30) days of the date that such Entitlement Land was set apart as an Entitlement Reserve.
(4) If Canada or Saskatchewan fail to comply in any material way with the time frames contained herein, then Canada or Saskatchewan (except to the extent any delay has been caused by the failure of an Entitlement the Band to promptly and accurately comply in any material way with its obligations pursuant to this Agreement, its Band Specific Agreement or the Trust Agreement) shall provide compensation to the Entitlement Band or the Trustees for all direct costs or losses suffered by the Entitlement Band or the Trustees as the result of any such failure by Canada or Saskatchewan to comply with the terms of this Article for which they are responsible.
Appears in 1 contract
Samples: Settlement Agreement
PRE-ACQUISITION REQUIREMENTS. (1) Prior to the acquisition of Entitlement Land, the Council, acting through the Trustees, shall:
(a) obtain appropriate and correct legal searches of title respecting the Land, Minerals and Improvements, all Third Party Interests, ownership of Minerals and Mineral Dispositions relating thereto;
(b) notify the Department, by Band Council Resolution ("BCR"), that the searches under subparagraph (a) above have been completed and cause to be delivered complete copies of all search results and other documentation in accordance with Stage 1 of Schedule 63. The BCR shall clearly indicate, following enquiries with the owner of such Land, Minerals or Improvements (including in the case of Crown Land, Minerals or Improvements those enquiries contemplated in Articles 4 and 5) that:
(i) the Land (including, where required, all Minerals and Improvements) is available for Purchase; and
(ii) the Entitlement Band consents to the execution and registration by Canada of all applicable Replacement Public Utility Easements which may affect the subject property pursuant to section 8.03; and
(iii) the Entitlement Band intends to Purchase the same and thereafter transfer title to all, or any clearly identified portion, of the Entitlement Land to Canada; or
(iv) the Entitlement Band intends to have Canada assist the Entitlement Band by agreeing to accept the direct transfer of such Land, Minerals or Improvements from the current owner to Canada.
(2) Upon Canada receiving the BCR and other documentation referred to in subsection (1) above, the following shall (unless otherwise agreed in writing between the parties) take place:
(a) the Department shall, as soon as reasonably possible, but in any event within fourteen (14) days, of receipt thereof from the Entitlement Band, cause the BCR to be registered by its Saskatchewan Regional Office on a central registry system. The Department and XXXXX shall co-operate to promptly determine whether the legal descriptions and related searches are sufficient for XXXXX to proceed or whether, in addition, a treaty land entitlement selection map is also required by XXXXXSIMAS;
(b) the Saskatchewan Regional Office shall, as soon as reasonably possible, but in any event within fourteen (14) days if no selection map is required by XXXXX (or within thirty (30) days in the event a selection map is required), forward a copy of the BCR and any accompanying documents to XXXXX requesting:
(i) information respecting the existence and location of any registered or unregistered Public Utility Easements;
(ii) Saskatchewan's best available information respecting the existence and location of any Waterbody affecting the identified Land (other than a wholly enclosed Waterbody referred to in section 6.01); and
(iii) any other information required in accordance with the Terms and Conditions of Entitlement Reserve Creation (including provincial considerations in respect of the proposed Entitlement Reserve); and such information shall be delivered by XXXXX to the Department as soon as reasonably possible but, in any event:
(iv) within forty-five (45) days in the event that the identified Lands, Minerals or Improvements are provincial Crown assets which Saskatchewan has agreed to sell pursuant to section 4.05 or section 5.03; or
(v) within with in ninety (90) days in respect of any other property;
(c) if the information provided by Saskatchewan in subparagraph (b) identifies the existence and location of any Waterbody affecting the Land which is not wholly enclosed therein (and in respect of which Saskatchewan has not agreed to transfer the related beds and shores), Saskatchewan agrees as soon as reasonably possible and at its expense to supply to the Entitlement Band and to Canada a correct and registerable legal description (only in respect of any land which is, at that time, surveyed land administered under The Land Titles Act, R.S.S. 1978, L-5) for such Waterbody and any available information with respect to the acreage of each such identified Waterbody.
(3) Upon completion of the requirements set forth in subsections (1) and (2) above, the parties agree that the following will take place:
(a) upon the finalization of the submission pursuant to Schedule 6 (including, where required, any approval by BCR) and its delivery by the Department to both the Regional Additions to Reserves Committee and the Department of Justice, Canada, through the Department's Regional Director General ("R.D.G.") shall (unless otherwise agreed between the Department and the Entitlement Band) notify the Entitlement Band in writing, in accordance with the time frames set forth in Schedule 6, that:
(i) the Entitlement Land has been unconditionally recommended by the Regional Additions to Reserves Committee to the R.D.G. for Approval in Principle and the R.D.G. has granted an unconditional Approval in Principle for Entitlement Reserve status; or
(ii) a conditional Approval in Principle has been recommended by the Regional Additions to Reserves Committee and a conditional Approval in Principle has been granted by the R.D.G. clearly listing the conditions which remain to be met before an unconditional Approval in Principle will be granted; or
(iii) the proposed Entitlement Land has been rejected for Entitlement Reserve status by either the Regional Additions to Reserves Committee or the R.D.G., and the reasons for such rejection have been clearly identified in writing to the Entitlement Band by the Department; or
(iv) in the event of a rejection of a submission by the Regional Additions to Reserves Committee or the R.D.G., the affected Entitlement Band, acting reasonably, may request in writing that the R.D.G. and any appropriate officials of the Department (including, where necessary, the members of the Regional Additions to Reserves Committee) agree to meet with the appropriate officials of the Entitlement Band to further clarify or explain the basis for the rejection, and compliance with such request shall not be unreasonably withheld.
(b) where a conditional Approval in Principle is granted by the R.D.G., the Department shall use its best efforts to advise XXXXX thereof and to identify in writing the affected Land, Minerals and Improvements. Upon unconditional Approval in Principle being granted by the R.D.G. (or all necessary conditions relating to a conditional Approval in Principle having been fulfilled), the following shall take place:
(i) the Department shall notify XXXXX that an unconditional Approval in Principle has been granted and identify in writing the affected Lands, Minerals and/or Improvements;
(ii) if the affected Land has been determined to be subject to any registered or unregistered Public Utility Easement, Saskatchewan agrees that it will, at no cost to the Entitlement Band, cause to be provided to Canada a Replacement Public Utility Easement respecting all unregistered or registered Public Utility Easements together with any applicable registrable discharges in accordance with section 8.03 and Canada shall, at no cost to the Entitlement Band or to the Public Utility Companies, cause any registered Public Utility Easements to be discharged and all Replacement Public Utility Easements to be registered in accordance with section 8.03;
(iii) the Entitlement Band may, if they have not already done so, promptly proceed (unless otherwise agreed with Canada) to Purchase the Entitlement Land within fifteen (15) months of the Approval in Principle, (failing which the same shall at Canada's option, be null and void) and following such Purchase Canada shall accept such transfer of title in accordance with this Agreement and the Band Specific Agreement;
(iv) following Purchase of the Entitlement Land and following transfer of title to Canada (acceptance of which transfer of title shall be conditional upon compliance of the property with the terms hereof and that no additional and unresolved Third Party Interests or Mineral Dispositions having arisen subsequent to the Approval in Principle), Canada shall, at its cost, as soon as reasonably possible subject to prevailing weather conditions, carry out any required outer boundary surveys; and
(v) once such surveys are complete (or any other alternative legal description satisfactory to Canada has been obtained), the Minister shall recommend to the Governor-In-Council that such Entitlement Land be set apart as an Entitlement Reserve, and Canada will further cause to be prepared by the Department, the necessary submission to the Governor-In-Council to give effect to such recommendation and shall notify Saskatchewan within thirty (30) days of the date that such Entitlement Land was set apart as an Entitlement Reserve.
(4) If Canada or Saskatchewan fail to comply in any material way with the time frames contained herein, then Canada or Saskatchewan (except to the extent any delay has been caused by the failure of an Entitlement Band to promptly and accurately comply in any material way with its obligations pursuant to this Agreement, its Band Specific Agreement or Trust Agreement) shall provide compensation to the Entitlement Band or the Trustees for all direct costs or losses suffered by the Entitlement Band or the Trustees as the result of any such failure by Canada or Saskatchewan to comply with the terms of this Article for which they are responsible.subparagraph
Appears in 1 contract
PRE-ACQUISITION REQUIREMENTS. (1) Prior to the acquisition of Entitlement Land, the Council, acting through the Trustees, shall:
(a) obtain appropriate and correct legal searches of title respecting the Land, Minerals and Improvements, all Third Party Interests, ownership of Minerals and Mineral Dispositions relating thereto;
(b) notify the Department, by Band Council Resolution ("BCR"), that the searches under subparagraph (a) above have been completed and cause to be delivered complete copies of all search results and other documentation in accordance with Stage 1 of Schedule 6. The BCR shall clearly indicate, following enquiries with the owner of such Land, Minerals or Improvements (including in the case of Crown Land, Minerals or Improvements those enquiries contemplated in Articles 4 and 5) that:
(i) the Land (including, where required, all Minerals and Improvements) is available for Purchase; and
(ii) the Entitlement Band consents to the execution and registration by Canada of all applicable Replacement Public Utility Easements which may affect the subject property pursuant to section 8.03; and
(iii) the Entitlement Band intends to Purchase the same and thereafter transfer title to all, or any clearly identified portion, of the Entitlement Land to Canada; or
(iv) the Entitlement Band intends to have Canada assist the Entitlement Band by agreeing to accept the direct transfer of such Land, Minerals or Improvements from the current owner to Canada.
(2) Upon Canada receiving the BCR and other documentation referred to in subsection (1) above, the following shall (unless otherwise agreed in writing between the parties) take place:
(a) the Department shall, as soon as reasonably possible, but in any event within fourteen (14) days, of receipt thereof from the Entitlement Band, cause the BCR to be registered by its Saskatchewan Regional Office on a central registry system. The Department and XXXXX shall co-operate to promptly determine whether the legal descriptions and related searches are sufficient for XXXXX to proceed or whether, in addition, a treaty land entitlement selection map is also required by XXXXX;
(b) the Saskatchewan Regional Office shall, as soon as reasonably possible, but in any event within fourteen (14) days if no selection map is required by XXXXX (or within thirty (30) days in the event a selection map is required), forward a copy of the BCR and any accompanying documents to XXXXX requesting:
(i) information respecting the existence and location of any registered or unregistered Public Utility Easements;
(ii) Saskatchewan's best available information respecting the existence and location of any Waterbody affecting the identified Land (other than a wholly enclosed Waterbody referred to in section 6.01); and
(iii) any other information required in accordance with the Terms and Conditions of Entitlement Reserve Creation (including provincial considerations in respect of the proposed Entitlement Reserve); and such information shall be delivered by XXXXX to the Department as soon as reasonably possible but, in any event:
(iv) within forty-five (45) days in the event that the identified Lands, Minerals or Improvements are provincial Crown assets which Saskatchewan has agreed to sell pursuant to section 4.05 or section 5.03; or
(v) within with in ninety (90) days in respect of any other property;
(c) if the information provided by Saskatchewan in subparagraph (b) identifies the existence and location of any Waterbody affecting the Land which is not wholly enclosed therein (and in respect of which Saskatchewan has not agreed to transfer the related beds and shores), Saskatchewan agrees as soon as reasonably possible and at its expense to supply to the Entitlement Band and to Canada a correct and registerable legal description (only in respect of any land which is, at that time, surveyed land administered under The Land Titles Act, R.S.S. 1978, L-5) for such Waterbody and any available information with respect to the acreage of each such identified Waterbody.
(3) Upon completion of the requirements set forth in subsections (1) and (2) above, the parties agree that the following will take place:
(a) upon the finalization of the submission pursuant to Schedule 6 5 (including, where required, any approval by BCR) and its delivery by the Department to both the Regional Additions to Reserves Committee and the Department of Justice, Canada, through the Department's Regional Director General ("R.D.G.") ), the R.G.D. shall (unless otherwise agreed between the Department and the Entitlement Band) notify the Entitlement Band in writing, in accordance with the time frames set forth in Schedule 65, that:
(i) the Entitlement Land has been unconditionally recommended by the Regional Additions to Reserves Committee to the R.D.G. for Approval in Principle and the R.D.G. has granted an unconditional Approval in Principle for Entitlement Reserve status; or
(ii) a conditional Approval in Principle has been recommended by the Regional Additions to Reserves Committee and a conditional Approval in Principle has been granted by the R.D.G. clearly listing the conditions which remain to be met before an unconditional Approval in Principle will be granted; or
(iii) the proposed Entitlement Land has been rejected for Entitlement Reserve status by either the Regional Additions to Reserves Committee or the R.D.G., and the reasons for such rejection have been clearly identified in writing to the Entitlement Band by the Department; or
(iv) in the event of a rejection of a submission by the Regional Additions to Reserves Committee or the R.D.G., the affected Entitlement Band, acting reasonably, may request in writing that the R.D.G. and any appropriate officials of the Department (including, where necessary, the members of the Regional Additions to Reserves Committee) agree to meet with the appropriate officials of the Entitlement Band to further clarify or explain the basis for the rejection, and compliance with such request shall not be unreasonably withheld.
(b) where a conditional Approval in Principle is granted by the R.D.G., the Department shall use its best efforts to advise XXXXX thereof and to identify in writing the affected Land, Minerals and Improvements. Upon unconditional Approval in Principle being granted by the R.D.G. (or all necessary conditions relating to a conditional Approval in Principle having been fulfilled), the following shall take place:
(i) the Department shall notify XXXXX that an unconditional Approval in Principle has been granted and identify in writing the affected Lands, Minerals and/or Improvements;
(ii) if the affected Land has been determined to be subject to any registered or unregistered Public Utility Easement, Saskatchewan agrees that it will, at no cost to the Entitlement Band, cause to be provided to Canada a Replacement Public Utility Easement respecting all unregistered or registered Public Utility Easements together with any applicable registrable discharges in accordance with section 8.03 and Canada shall, at no cost to the Entitlement Band or to the Public Utility Companies, cause any registered Public Utility Easements to be discharged and all Replacement Public Utility Easements to be registered in accordance with section 8.03;
(iii) the Entitlement Band may, if they have not already done so, promptly proceed (unless otherwise agreed with Canada) to Purchase the Entitlement Land within fifteen (15) months of the Approval in Principle, (failing which the same shall at Canada's option, be null and void) and following such Purchase Canada shall accept such transfer of title in accordance with this Agreement and the Band Specific Agreement;
(iv) following Purchase of the Entitlement Land and following transfer of title to Canada (acceptance of which transfer of title shall be conditional upon compliance of the property with the terms hereof and that no additional and unresolved Third Party Interests or Mineral Dispositions having arisen subsequent to the Approval in Principle), Canada shall, at its cost, as soon as reasonably possible subject to prevailing weather conditions, carry out any required outer boundary surveys; and
(v) once such surveys are complete (or any other alternative once an acceptable and registrable legal description satisfactory to Canada has been obtained), the Minister shall recommend to the Governor-In-Council that such Entitlement Land be set apart as an Entitlement Reserve, and Canada will further cause to be prepared by the Department, the necessary submission to the Governor-In-Governor In Council to give effect to such recommendation and shall notify Saskatchewan within thirty (30) days of the date that such Entitlement Land was set apart as an Entitlement Reserve.
(4) If Canada or Saskatchewan fail to comply in any material way with the time frames contained herein, then Canada or Saskatchewan (except to the extent any delay has been caused by the failure of an Entitlement the Band to promptly and accurately comply in any material way with its obligations pursuant to this Agreement, its Band Specific Agreement or the Trust Agreement) shall provide compensation to the Entitlement Band or the Trustees for all direct costs or losses suffered by the Entitlement Band or the Trustees as the result of any such failure by Canada or Saskatchewan to comply with the terms of this Article for which they are responsible.
Appears in 1 contract
Samples: Settlement Agreement