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

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ANNEX Amembers will be a nominee of <strong>the</strong> STC <strong>and</strong>provided that <strong>the</strong> o<strong>the</strong>r provisions in 24.1.15are taken into account9. In event that suitable alternate l<strong>and</strong>s are not expropriating authority,available, <strong>the</strong>re may be an agreement pursuant STC, governmentto 24.1.18 between <strong>the</strong> parties <strong>and</strong> governmentto defer <strong>the</strong> selection <strong>and</strong> conveyance ofalternate l<strong>and</strong>s with <strong>the</strong> DSO being credited <strong>for</strong>such l<strong>and</strong>s provided that <strong>the</strong> parties sign anagreement on <strong>the</strong> <strong>for</strong>m <strong>and</strong> nature of <strong>the</strong> credit10. Give notice to <strong>the</strong> STC that <strong>the</strong>re is an intent expropriating authority after settlementto seek approval from <strong>the</strong> Governor in Councillegislationor <strong>the</strong> Executive Council <strong>for</strong> <strong>the</strong> expropriationof settlement l<strong>and</strong>s11. Seek approval from <strong>the</strong> Governor in Council expropriating authority after settlementor <strong>the</strong> Executive Council of <strong>the</strong> NWT tolegislationproceed with expropriation12. Effect expropriation by an Order in Council Canadaexpropriating <strong>the</strong> settlement l<strong>and</strong> <strong>and</strong> vesting<strong>the</strong> DSO with <strong>the</strong> alternate l<strong>and</strong>s13. Triggered by <strong>the</strong> terms identified in <strong>the</strong> credit government, DSOagreement (see activity 9), agree on <strong>the</strong>alternate l<strong>and</strong>s <strong>and</strong> convey <strong>the</strong>m to <strong>the</strong> DSO byOrder in Council14. Where expropriated l<strong>and</strong>s are no longer expropriating authority,required by <strong>the</strong> expropriating authority, give DSO, government<strong>the</strong> DSO <strong>the</strong> first opportunity to purchase <strong>the</strong>m.The l<strong>and</strong>s will not become settlement l<strong>and</strong>sunless government so agrees* Depending on <strong>the</strong> circumstances, it may be appropriate <strong>for</strong> <strong>the</strong> expropriating authority to seekapproval of <strong>the</strong> political authority as soon as a decision to expropriate is made by <strong>the</strong> authority.<strong>Plan</strong>ning Assumptions:- The costs of arbitration will be borne by <strong>the</strong> expropriating authority to <strong>the</strong> extent provided in <strong>the</strong>m<strong>and</strong>ate of <strong>the</strong> expropriating authority.- The actual costs to <strong>the</strong> STC of participating in expropriation negotiations will be considered <strong>for</strong>inclusion in compensation awarded by arbitration pursuant to <strong>the</strong> expropriating authority's statutoryprocedure.- The costs of <strong>the</strong> representation of <strong>the</strong> STC on <strong>the</strong> Arbitration Committee under <strong>the</strong> National EnergyBoard Act will be covered pursuant to <strong>the</strong> provisions of that legislation.- The activities listed above are intended as a guide to <strong>the</strong> parties involved, <strong>and</strong> are not intended tolimit <strong>the</strong> development of o<strong>the</strong>r procedures consistent with <strong>the</strong> agreement.- It is assumed that any required amendment to <strong>the</strong> Expropriation Act (NWT) has been effected.SAHTU IMPLEMENTATION PLAN 135

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