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

ANNEX AProject 13 - 13:Project Manager:Participant/Liaison:Relinquishment of a licence and/or sale or transfer of enterprises related tocommercial naturalist activities and to commercial guiding and outfitting activitiesin respect of hunting and sport fishingGovernment of the Northwest Territories - Economic Development and Tourism(ED&T), Department of Renewable Resources (DRR)Sahtu Tribal Council (STC)Obligations Addressed:13.7.6 (a) In the event that the holder of a licence in respect of any of the activities described in 13.7.4intends to relinquish the licence and/or sell or transfer the enterprise, or any part thereof,the Sahtu Tribal Council shall have the right of first refusal to take up such licence and/orthe first opportunity to purchase the said enterprise or the part thereof at fair market value,provided that the following shall not be considered as sales or transfers under 13.7.6:(i) sales or transfers to persons holding rights or options to purchase as at the date of thisagreement;(ii) sales or transfers to persons who are members of the holder's immediate family, andwho are themselves eligible to hold a licence; or(iii) incorporations or reorganizations which do not affect the effective ownership of theenterprise, or amount to an effective sale or transfer of all or a part thereof.(b) Procedures for the exercise of the right of first refusal in (a) are set out in schedule 11 tothis chapter.Referenced Clauses: 13.7.4, schedule II to chapter 13ACTIVITIES RESPONSIBILITY TIMIMNG GUIDELINES(in sequence)1. Give the STC the right of first refusal to licensing authority after settlementtake up a licence where a licence holderrelinquishes a licence for a commercialnaturalist activity or for a commercial guidingor outfitting activity in respect of hunting orsport fishingFunding:- As regards the Government of the Northwest Territories, refer to summary for DRR (Project 13-19).Planning Assumptions:- Where the owner of an enterprise conducting a commercial naturalist activity or a commercial guidingor outfitting activity in respect of hunting or sport fishing seeks to sell or transfer the enterprise, or anypart thereof, the STC will have the first opportunity to purchase it at fair market value in accordancewith the process set out in schedule II to chapter 13.- Where an enterprise is sold or transferred the licensing authority will not transfer the licence unless itis provided with evidence that the STC was provided the first opportunity to purchase in accordancewith the process set out in schedule II to chapter 13.SAHTU IMPLEMENTATION PLAN 62