Indian Oil and Gas Canada Right of Way Amendment Instructions

Indian Oil and Gas Canada Right of Way Amendment Instructions

In order for the First Nation to be fully informed, Indian Oil and Gas Canada (IOGC) has a two step application approval process. The first step of the process is a review of the application information and environmental assessment by IOGC prior to the applicant obtaining the signatures of Chief and Council. The second step of the approval process begins when IOGC advises the applicant that the information is correct and that all environmental conditions have been satisfied. At this point, the applicant can seek Band Council approval. Once a quorum of signatures has been obtained, the applicant can forward the package to IOGC, Surface Land for final execution.

Step One: Information Requirements - To be submitted to IOGC.

1. Completed Pages 1 and 2 of amendment form.

2. A legal survey plan prepared by a qualified Canada Lands Surveyor, showing:

·  the original right of way lands and area (in hectares)

·  the additional right of way lands (bolded) and area (in hectares)

·  the amended total right of way area (in hectares)

3. An environmental assessment of the effects associated with the amendment, which will be appended to the original environmental assessment (contact the IOGC Environmental Analyst to confirm the level of detail required).

Once applicant has met all of the above informational requirements to the satisfaction of IOGC, the applicant will be advised to proceed to Step Two of the process.

Step Two: Information Requirements - To be submitted to IOGC.

1. Four completed, original amendment documents, including four original signed and dated Band Council signatures pages (attached to the Amending Agreement as Band Council Resolution), and Four Applicant’s signatures (attached to Amending Agreement as Execution-By-Parties page).

2. Five paper prints of the survey plan (signed by the company and the surveyor).

3. Compensation (if applicable), payable to the Receiver General for Canada.

NOTE: If the right of way rates clause of the corresponding mineral contract has expired, initial consideration for right of way additions shall be based on current right of way rates.

Upon execution by the applicant, Band Council and Executive Director, Indian Oil and Gas Canada, the applicant will be notified and Amending Agreement, with appendices, will be issued.

IMPORTANT

If necessary, IOGC will prescribe environmental mitigation terms in addition to those in the original CEAA approval. Any additional environmental protection terms will be attached to the original right of way agreement as an appendix.

If the right of way agreement effective date is prior to September 2000 or if you have any questions regarding this procedure please call IOGC at (403) 292-5625 and ask for Surface Land.

REFERENCE AGREEMENT: ______

(RW #)

FILE: E-5855-13-______

( IOGC file #)

DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT

INDIAN OIL AND GAS CANADA

INDIAN OIL AND GAS REGULATIONS, 1995

AMENDING AGREEMENT TO RIGHT OF WAY NO. RW- ______

REFERENCE LOCATION: ______

(legal land description)

This Amending Agreement is effective as of .

(the effective date will be completed by Indian Oil and Gas Canada)

BETWEEN HER MAJESTY THE QUEEN in right of Canada, as represented by the Executive Director of Indian Oil and Gas Canada, ("Grantor")

AND ,

(grantee/company name)

a body corporate, incorporated under the laws of the Province of ______. ("Grantee")

(province)

WHEREAS:

A. Grantor and Grantee are parties to Right of Way Agreement No. RW- ,

(insert RW #)

effective ("Agreement").

(effective date of original Agreement)

B. Grantor is empowered to amend the Agreement in accordance with the Indian Oil and Gas Regulations, 1995 as amended from time to time.

C. Grantee advised of its need to ______

(reason for amendment - increase/decrease in Agreement size, etc.)

D. The survey, attached as "Appendix C-1", indicates change of area of ha.

(increased area)

E. The environmental terms and conditions identified in the original Agreement RW-_____

referenced in the CEAA Terms and Conditions letter dated ______,

(date of original CEAA letter)

and attached as "Appendix B", form part of this Amending Agreement.

(If applicable) Any additional environmental mitigation identified in addendums to the original environmental assessment or "Appendix B-1" also forms part of this Amending Agreement.

F. The Council of the First Nation,

(name of First Nation)

Indian Reserve No. has approved, as

(Reserve name) (Reserve #)

evidenced by a quorum of the Band Council signatures dated , this (date of attached BCR)

amendment to the Agreement as set out in this Amending Agreement.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. The lands held under the Agreement are hereby amended to show the change of ha. (additional land )

as indicated on the survey attached as "Appendix C-1".

2. The lands now held under this Agreement, referenced in both “Appendix C” and "Appendix C-1”, are more particularly described as follows:

Original Lands hectares

Additional Lands ______hectares

Total hectares

in ______, in the Indian Reserve No. , ______.

(legal land description) (Reserve name) (Reserve #) (province)

3. Additional Initial Consideration in the amount of $ owing as a result of the

(additional compensation)

amendment is payable by Grantee to Grantor, receipt of which is hereby acknowledged by Grantor.

4.  The Agreement is amended only to the extent set out in this Amending Agreement and any additional "Appendix" forms part of this Amending Agreement.

EXECUTED AND DELIVERED as of the date first above written.

EXECUTIVE DIRECTOR

INDIAN OIL AND GAS CANADA

______

Per:

______

(Company Name)

______

Witness (if power of attorney *) (Grantee Name)

* Must be executed under corporate seal or with witness and affidavit of execution. (If Attorney is executing, two original copies of the Power of Attorney are required, if not previously registered with IOGC.)

Witness (if power of attorney *) (Grantee)

BAND COUNCIL RESOLUTION AND SIGNATURES OF A QUORUM OF COUNCIL

DATED the ______day of ______200__ BCR No.______

Province______

BAND COUNCIL RESOLUTION OF ______BAND

A. The Grantee has applied for an amendment to Right of Way Agreement E-5855-13- ______

(IOGC file #)

which terms have been negotiated with the Council and with Band members in lawful possession (if any), and this Right of Way Agreement Amendment represents and sets out those negotiated terms.

B. The Council has reviewed the terms of this Right of Way Agreement Amendment, approves its terms and resolves that it shall be executed and issued on these terms.

C. Council wishes this Band Council Resolution to be the approval of Council, as required by Section 50 of the Indian Oil and Gas Regulations, 1995.

NOW THEREFORE CHIEF AND COUNCIL RESOLVE AS FOLLOWS:

1. Indian Oil and Gas Canada be hereby authorised to issue an amendment to Right of Way Agreement RW- to which this Band Council Resolution is attached.

(insert RW #)

2. This Band Council Resolution is the approval required by Section 50, of the Indian Oil and Gas Regulations, 1995.

______

CHIEF

______

Councillor Councillor Councillor

______

Councillor Councillor Councillor

______

Councillor Councillor Councillor

______

Councillor Councillor Councillor

______

Names of persons in lawful possession (Certificate of Possession) Signature(s)

Page 1 of 4 for Amending Agreement to RW-_____