Common use of WILDFIRE CONTROL COSTS Clause in Contracts

WILDFIRE CONTROL COSTS. 2.1 Subject to paragraphs 2.3 and 2.5, each Billing Year Toquaht Nation will be responsible for Wildfire Control Costs as follows: (a) one-third of the sum of Toquaht Nation’s proportionate share of Direct Costs for each Wildfire over the previous five year period (which includes the Billing Year), divided by five. For the purpose of this sub-paragraph, Toquaht Nation’s proportionate share of Direct Costs of a Wildfire is the ratio of the area of the Wildfire within the Maa-nulth First Nation Lands of Toquaht Nation to the total area of that Wildfire; and (b) one-third of the Wildfire Preparedness Costs for the Billing Year, multiplied by the ratio of the number of Wildfires originating on the Maa- nulth First Nation Lands of Toquaht Nation over the previous five year period (which includes the Billing Year), to the total number of provincial Wildfires over the same five year period. 2.2 Subject to paragraphs 2.3 and 5.0, Canada and British Columbia will share equally Wildfire Control Costs calculated as follows: (a) the sum of Direct Costs over the previous five year period which includes the Billing Year, divided by five; plus (b) Wildfire Preparedness Costs for that Billing Year multiplied by the ratio of the number of Wildfires originating on the Maa-nulth First Nation Lands of Toquaht Nation over the previous five year period (which includes the Billing Year) to the total number of provincial Wildfires over the same five year period; less (c) the amount Toquaht Nation is responsible for under this Agreement as determined in accordance with paragraph 2.1. 2.3 For the purposes of sub-paragraphs 2.1(a), 2.1(b), 2.2(a) and 2.2(b): (a) Direct Costs and Wildfire Preparedness Costs in each of the four Fiscal Years before the Effective Date will be deemed to be zero; and (b) if the Effective Date is not April 1, then the number of Wildfires and the Direct Costs between Effective Date and the prior April 1 will be deemed to be zero. 2.4 For greater certainty, for the purposes of sub-paragraph 2.2(a), Direct Costs are those associated with the entire spread of Wildfires both on and off the Maa-nulth First Nation Lands of Toquaht Nation. 2.5 Subject to paragraph 6.1, Toquaht Nation’s responsibility for its share of Wildfire Control Costs under paragraph 2.1 will not exceed $10,000 in any Billing Year. 2.6 Nothing in this Agreement affects any obligations that Canada may have pursuant to a cost-sharing arrangement in effect between Canada and British Columbia for Wildfire Control Costs on Former Indian Reserves where those obligations relate to costs that arise prior to the Effective Date. 2.7 Any recovery of Wildfire Control Costs and related amounts, administrative penalties or fines imposed on a third party in relation to a Wildfire originating on the Maa-nulth First Nation Lands of Toquaht Nation, under the Wildfire Act, net of costs incurred to recover or collect those control costs, will be shared among the Parties in the same proportion as the Parties’ financial obligations for Wildfire Control Costs under this Agreement. 2.8 British Columbia will notify Toquaht Nation and Canada within 30 days of March 31 of every Billing Year of the amount owing for Wildfire Control Costs on the Maa-nulth First Nation Lands of Toquaht Nation for that Billing Year, if any, and Toquaht Nation and Canada will each pay its share of those costs as outlined in this Agreement to British Columbia within 45 days of receiving notice. 2.9 The obligations of Toquaht Nation and Canada under this Agreement are separate. 2.10 Any funding required for the purposes of this Agreement is subject to the appropriation of funds: (a) in the case of Canada, by Parliament; (b) in the case of British Columbia, by the Legislature of British Columbia; or (c) in the case of Toquaht Nation, by Toquaht Nation Government.

WILDFIRE CONTROL COSTS. 2.1 Subject to paragraphs 2.3 and 2.5, each Billing Year Toquaht Nation Huu-ay-aht First Nations will be responsible for Wildfire Control Costs as follows: (a) one-third of the sum of Toquaht Nation’s Huu-ay-aht First Nations’ proportionate share of Direct Costs for each Wildfire over the previous five year period (which includes the Billing Year), divided by five. For the purpose of this sub-sub- paragraph, Toquaht NationHuu-ay-aht First Nations’s proportionate share of Direct Costs of a Wildfire is the ratio of the area of the Wildfire within the Maa-nulth First Nation Lands of Toquaht Nation Huu-ay-aht First Nations to the total area of that Wildfire; and (b) one-third of the Wildfire Preparedness Costs for the Billing Year, multiplied by the ratio of the number of Wildfires originating on the Maa- nulth First Nation Lands of Toquaht Nation Huu-ay-aht First Nations over the previous five year period (which includes the Billing Year), to the total number of provincial Wildfires over the same five year period. 2.2 Subject to paragraphs 2.3 and 5.0, Canada and British Columbia will share equally Wildfire Control Costs calculated as follows: (a) the sum of Direct Costs over the previous five year period which includes the Billing Year, divided by five; plus (b) Wildfire Preparedness Costs for that Billing Year multiplied by the ratio of the number of Wildfires originating on the Maa-nulth First Nation Lands of Toquaht Nation Huu-ay-aht First Nations over the previous five year period (which includes the Billing Year) to the total number of provincial Wildfires over the same five year period; less (c) the amount Toquaht Nation Huu-ay-aht First Nations is responsible for under this Agreement as determined in accordance with paragraph 2.1. 2.3 For the purposes of sub-paragraphs 2.1(a), 2.1(b), 2.2(a) and 2.2(b): (a) Direct Costs and Wildfire Preparedness Costs in each of the four Fiscal Years before the Effective Date will be deemed to be zero; and (b) if the Effective Date is not April 1, then the number of Wildfires and the Direct Costs between Effective Date and the prior April 1 will be deemed to be zero. 2.4 For greater certainty, for the purposes of sub-paragraph 2.2(a), Direct Costs are those associated with the entire spread of Wildfires both on and off the Maa-nulth First Nation Lands of Toquaht NationHuu-ay-aht First Nations. 2.5 Subject to paragraph 6.1, Toquaht Nation’s Huu-ay-aht First Nations’ responsibility for its share of Wildfire Control Costs under paragraph 2.1 will not exceed $10,000 in any Billing Year. 2.6 Nothing in this Agreement affects any obligations that Canada may have pursuant to a cost-sharing arrangement in effect between Canada and British Columbia for Wildfire Control Costs on Former Indian Reserves where those obligations relate to costs that arise prior to the Effective Date. 2.7 Any recovery of Wildfire Control Costs and related amounts, administrative penalties or fines imposed on a third party in relation to a Wildfire originating on the Maa-nulth First Nation Lands of Toquaht NationHuu-ay-aht First Nations, under the Wildfire Act, net of costs incurred to recover or collect those control costs, will be shared among the Parties in the same proportion as the Parties’ financial obligations for Wildfire Control Costs under this Agreement. 2.8 British Columbia will notify Toquaht Nation Huu-ay-aht First Nations and Canada within 30 days of March 31 of every Billing Year of the amount owing for Wildfire Control Costs on the Maa-nulth First Nation Lands of Toquaht Nation Huu-ay-aht First Nations for that Billing Year, if any, and Toquaht Nation Huu-ay-aht First Nations and Canada will each pay its share of those costs as outlined in this Agreement to British Columbia within 45 days of receiving notice. 2.9 The obligations of Toquaht Nation Huu-ay-aht First Nations and Canada under this Agreement are separate. 2.10 Any funding required for the purposes of this Agreement is subject to the appropriation of funds: (a) in the case of Canada, by Parliament; (b) in the case of British Columbia, by the Legislature of British Columbia; or (c) in the case of Toquaht NationHuu-ay-aht First Nations, by Toquaht Nation Huu-ay-aht First Nations Government.

WILDFIRE CONTROL COSTS. 2.1 Subject to paragraphs 2.3 and 2.5, each Billing Year Toquaht Ucluelet First Nation will be responsible for Wildfire Control Costs as follows: (a) one-third of the sum of Toquaht Ucluelet First Nation’s proportionate share of Direct Costs for each Wildfire over the previous five year period (which includes the Billing Year), divided by five. For the purpose of this sub-sub- paragraph, Toquaht Ucluelet First Nation’s proportionate share of Direct Costs of a Wildfire is the ratio of the area of the Wildfire within the Maa-nulth First Nation Lands of Toquaht Ucluelet First Nation to the total area of that Wildfire; and (b) one-third of the Wildfire Preparedness Costs for the Billing Year, multiplied by the ratio of the number of Wildfires originating on the Maa- nulth First Nation Lands of Toquaht Ucluelet First Nation over the previous five year period (which includes the Billing Year), to the total number of provincial Wildfires over the same five year period. 2.2 Subject to paragraphs 2.3 and 5.0, Canada and British Columbia will share equally Wildfire Control Costs calculated as follows: (a) the sum of Direct Costs over the previous five year period which includes the Billing Year, divided by five; plus (b) Wildfire Preparedness Costs for that Billing Year multiplied by the ratio of the number of Wildfires originating on the Maa-nulth First Nation Lands of Toquaht Ucluelet First Nation over the previous five year period (which includes the Billing Year) to the total number of provincial Wildfires over the same five year period; less (c) the amount Toquaht Ucluelet First Nation is responsible for under this Agreement as determined in accordance with paragraph 2.1. 2.3 For the purposes of sub-paragraphs 2.1(a), 2.1(b), 2.2(a) and 2.2(b): (a) Direct Costs and Wildfire Preparedness Costs in each of the four Fiscal Years before the Effective Date will be deemed to be zero; and (b) if the Effective Date is not April 1, then the number of Wildfires and the Direct Costs between Effective Date and the prior April 1 will be deemed to be zero. 2.4 For greater certainty, for the purposes of sub-paragraph 2.2(a), Direct Costs are those associated with the entire spread of Wildfires both on and off the Maa-nulth First Nation Lands of Toquaht Ucluelet First Nation. 2.5 Subject to paragraph 6.1, Toquaht Ucluelet First Nation’s responsibility for its share of Wildfire Control Costs under paragraph 2.1 will not exceed $10,000 in any Billing Year. 2.6 Nothing in this Agreement affects any obligations that Canada may have pursuant to a cost-sharing arrangement in effect between Canada and British Columbia for Wildfire Control Costs on Former Indian Reserves where those obligations relate to costs that arise prior to the Effective Date. 2.7 Any recovery of Wildfire Control Costs and related amounts, administrative penalties or fines imposed on a third party in relation to a Wildfire originating on the Maa-nulth First Nation Lands of Toquaht Ucluelet First Nation, under the Wildfire Act, net of costs incurred to recover or collect those control costs, will be shared among the Parties in the same proportion as the Parties’ financial obligations for Wildfire Control Costs under this Agreement. 2.8 British Columbia will notify Toquaht Ucluelet First Nation and Canada within 30 days of March 31 of every Billing Year of the amount owing for Wildfire Control Costs on the Maa-nulth First Nation Lands of Toquaht Ucluelet First Nation for that Billing Year, if any, and Toquaht Ucluelet First Nation and Canada will each pay its share of those costs as outlined in this Agreement to British Columbia within 45 days of receiving notice. 2.9 The obligations of Toquaht Ucluelet First Nation and Canada under this Agreement are separate. 2.10 Any funding required for the purposes of this Agreement is subject to the appropriation of funds: (a) in the case of Canada, by Parliament; (b) in the case of British Columbia, by the Legislature of British Columbia; or (c) in the case of Toquaht Ucluelet First Nation, by Toquaht Ucluelet First Nation Government.

WILDFIRE CONTROL COSTS. 2.1 Subject to paragraphs 2.3 and 2.5, each Billing Year Toquaht Tla’amin Nation will be responsible for Wildfire Control Costs as follows: (a) a. one-third of the sum of Toquaht Tla’amin Nation’s proportionate share of Direct Costs for each Wildfire over the previous five year period (which includes the Billing Year), divided by five. For the purpose of this sub-paragraph, Toquaht Tla’amin Nation’s proportionate share of Direct Costs of a Wildfire is the ratio of the area of the Wildfire within the Maa-nulth First Nation Tla’amin Lands of Toquaht Nation to the total area of that Wildfire; and (b) b. one-third of the Wildfire Preparedness Costs for the Billing Year, multiplied by the ratio of the number of Wildfires originating on the Maa- nulth First Nation Tla’amin Lands of Toquaht Nation over the previous five year period (which includes the Billing Year), to the total number of provincial Wildfires over the same five year period. 2.2 Subject to paragraphs 2.3 and 5.0, Canada and British Columbia will share equally Wildfire Control Costs calculated as follows: (a) a. the sum of Direct Costs over the previous five year period which includes the Billing Year, divided by five; plus (b) b. Wildfire Preparedness Costs for that Billing Year multiplied by the ratio of the number of Wildfires originating on the Maa-nulth First Nation Tla’amin Lands of Toquaht Tla’amin Nation over the previous five year period (which includes the Billing Year) to the total number of provincial Wildfires over the same five year period; less (c) c. the amount Toquaht Tla’amin Nation is responsible for under this Agreement as determined in accordance with paragraph 2.1. 2.3 For the purposes of sub-paragraphs 2.1(a)2.1a, 2.1(b)2.1b, 2.2(a) 2.2a and 2.2(b):2.2b: (a) a. Direct Costs and Wildfire Preparedness Costs in each of the four Fiscal Years before the Effective Date will be deemed to be zero; and (b) b. if the Effective Date is not April 1, then the number of Wildfires and the Direct Costs between Effective Date and the prior April 1 will be deemed to be zero. 2.4 For greater certainty, for the purposes of sub-paragraph 2.2(a)2.2a, Direct Costs are those associated with the entire spread of Wildfires both on and off the Maa-nulth First Nation Lands of Toquaht NationTla’amin Lands. 2.5 Subject to paragraph 6.1, Toquaht Tla’amin Nation’s responsibility for its share of Wildfire Control Costs under paragraph 2.1 will not exceed $10,000 16,800 in any Billing Year. 2.6 Nothing in this Agreement affects any obligations that Canada may have pursuant to a cost-sharing arrangement in effect between Canada and British Columbia for Wildfire Control Costs on Former Indian Reserves where those obligations relate to costs that arise prior to the Effective Date. 2.7 Any recovery of Wildfire Control Costs and related amounts, administrative penalties or fines imposed on from a third party in relation to a Wildfire originating on the Maa-nulth First Nation Lands of Toquaht NationTla’amin Lands, under the Wildfire Act, net of costs incurred to recover or collect those control costs, will be shared among the Parties in the same proportion as the Parties’ financial obligations for Wildfire Control Costs under this Agreement. 2.8 British Columbia will notify Toquaht Tla’amin Nation and Canada within 30 days of and billing will be provided by March 31 of every Billing Year year of the amount owing for Wildfire Control Costs on the Maa-nulth First Nation Tla’amin Lands of Toquaht Nation for that Billing Year, if any, and Toquaht Tla’amin Nation and Canada will each pay its share of those costs as outlined in this Agreement to British Columbia within 45 days of receiving notice. 2.9 The obligations of Toquaht Tla’amin Nation and Canada under this Agreement are separate. 2.10 Any funding required for the purposes of this Agreement is subject to the appropriation of funds: (a) a. in the case of Canada, by Parliament; (b) b. in the case of British Columbia, by the Legislature of British Columbia; or (c) c. in the case of Toquaht Tla’amin Nation, by Toquaht Nation the Tla’amin Government.