Implementation Plan for the Sahtu Dene and Metis Comprehensive ...

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ANNEX AProject 24 - 1:Project Manager:Participant/Liaison:Expropriation of settlement landsExpropriating authoritySahtu Tribal Council (STC), Designated Sahtu Organization (DSO), Canada,Government of the Northwest Territories (GNWT), Department of Energy, Minesand Resources (EMR)Obligations Addressed:24.1.2 It is of fundamental importance to maintain the quantum and integrity of settlement lands.Therefore, as a general principle, such lands shall not be expropriated.24.1.3 Notwithstanding 24.1.2, settlement lands may be expropriated by an expropriating authority inaccordance with legislation as modified by the provisions of this chapter.Referenced Clauses: 7.1, 24.1.4 through 24.1.19ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Provide the STC with notice of settlement expropriating authority after settlementlands required by an expropriating authoritylegislation2. Give the STC an opportunity to negotiate the expropriating authority,location, extent and nature of the interest STCrequired by the expropriating authority3. Negotiate to agree on alternate lands of expropriating authority,equivalent significance and value as the STCsettlement lands to be expropriated4. If agreement is not reached on alternate expropriating authority,lands, compensation may be in money or a STCcombination of land and money, provided thatthe expropriation will not reduce the quantumof settlement lands below the initial quantum5. If agreement is not reached on compensation, expropriating authoritythe matter, except in the case of anexpropriation under the National Energy BoardAct, refer to arbitration pursuant to chapter 6of the agreement6. The parties may agree that the arbitration expropriating authority,shall be pursuant to the expropriatingSTCauthority's statutory authority7. Determine arbitrated compensation consistent arbitratorwith the provisions of chapter 248. In the case of an expropriation under the EMRNational Energy Board Act, arbitration will beconducted under that legislation provided thatat least one of the arbitration committeeSAHTU IMPLEMENTATION PLAN 134
ANNEX Amembers will be a nominee of the STC andprovided that the other provisions in 24.1.15are taken into account9. In event that suitable alternate lands are not expropriating authority,available, there may be an agreement pursuant STC, governmentto 24.1.18 between the parties and governmentto defer the selection and conveyance ofalternate lands with the DSO being credited forsuch lands provided that the parties sign anagreement on the form and nature of the credit10. Give notice to the STC that there is an intent expropriating authority after settlementto seek approval from the Governor in Councillegislationor the Executive Council for the expropriationof settlement lands11. Seek approval from the Governor in Council expropriating authority after settlementor the Executive Council of the NWT tolegislationproceed with expropriation12. Effect expropriation by an Order in Council Canadaexpropriating the settlement land and vestingthe DSO with the alternate lands13. Triggered by the terms identified in the credit government, DSOagreement (see activity 9), agree on thealternate lands and convey them to the DSO byOrder in Council14. Where expropriated lands are no longer expropriating authority,required by the expropriating authority, give DSO, governmentthe DSO the first opportunity to purchase them.The lands will not become settlement landsunless government so agrees* Depending on the circumstances, it may be appropriate for the expropriating authority to seekapproval of the political authority as soon as a decision to expropriate is made by the authority.Planning Assumptions:- The costs of arbitration will be borne by the expropriating authority to the extent provided in themandate of the expropriating authority.- The actual costs to the STC of participating in expropriation negotiations will be considered forinclusion in compensation awarded by arbitration pursuant to the expropriating authority's statutoryprocedure.- The costs of the representation of the STC on the Arbitration Committee under the National EnergyBoard Act will be covered pursuant to the provisions of that legislation.- The activities listed above are intended as a guide to the parties involved, and are not intended tolimit the development of other procedures consistent with the agreement.- It is assumed that any required amendment to the Expropriation Act (NWT) has been effected.SAHTU IMPLEMENTATION PLAN 135
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IMPLEMENTATION PLANFOR THESAHTU DEN
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TABLE OF CONTENTSIMPLEMENTATION 1AN
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Project 14 - 1 Licences for the com
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Project 23 - 5 Establishment of a n
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IMPLEMENTATION PLANFOR THESAHTU DEN
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4.2 Recognizing that years 1 to 10
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SAHTU IMPLEMENTATION PLAN 5
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ANNEX AACTIVITY SHEETSFOR THE IMPLE
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ANNEX AProject 3 - 2:Project Manage
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ANNEX A- The detailed cost workshee
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ANNEX ACOST WORKSHEET NOTESEnrolmen
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ANNEX A8. Establish operating proce
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ANNEX ACOST WORKSHEET NOTESArbitrat
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ANNEX AProject 10 - 1:Project Manag
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ANNEX Afinancial assistance; provis
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ANNEX A4. Give full and fair consid
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ANNEX AProject 13 - 4:Settlement Ar
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ANNEX AProject: SETTLEMENT AREA HAR
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ANNEX AProject 13 - 11:Project Mana
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ANNEX Asuch a limit for each fisher
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ANNEX AProject: RENEWABLE RESOURCES
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ANNEX ACOST WORKSHEET NOTESRenewabl
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ANNEX AANNEX AProject 14 - 1:Projec
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ANNEX A- the proposed park will not
Page 91 and 92: ANNEX A8. Give written reasons for
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Page 95 and 96: ANNEX A1993 Constant DollarsYear 4
Page 97 and 98: ANNEX A4. Review and respond to the
Page 123 and 124: ANNEX AProject 21 - 11:Participant/
Page 129 and 130: ANNEX AANNEX AProject 22 - 1:Projec
Page 131 and 132: ANNEX AProject 22 - 3:Participant/L
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Page 149 and 150: ANNEX A- The Mackenzie Valley Resou
Page 151 and 152: ANNEX ACOST WORKSHEET NOTESLand Use
Page 157 and 158: ANNEX APlanning Assumptions:- The S
Page 159 and 160: ANNEX ACOST WORKSHEET NOTESLand and
Page 175 and 176: ANNEX AProject 26 - 10:Project Mana
Page 181 and 182: ANNEX A- When the Board receives no
Page 183 and 184: ANNEX AFunding:- As part of the ove
Page 185 and 186: ANNEX BFINANCIAL PAYMENTSSAHTU IMPL
Page 187 and 188: ANNEX BPART 3. TRAINING FOR SAHTU D
Page 189 and 190: ANNEX BPART 6. ANNUAL ADJUSTMENT6.1
Page 191 and 192: ANNEX CCOMMUNICATION AND INFORMATIO
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ANNEX CMedia (Native and Northern)M
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ANNEX DIMPLEMENTATION COMMITTEESAHT
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ANNEX D11. The Implementation Commi
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