Surface Lease Rent Review
Lessee Information Sheet
Rent review is required according to Sections 27 and 30 of the Indian Oil and Gas Regulations, 1995. It is the responsibility of the Lessee and Band Council to re-negotiate the annual rental. Indian Oil and Gas Canada facilitates the negotiation process by sending Rent Review letters to both the Lessee and Band Council. The Rent Review letter is a signal for the Lessee and Band Council to begin the negotiation process. Once the parties have agreed on revised rental rates, the two-step Rent Review Amendment process begins. When Lessee and Band Council determine a rental increase is not warranted, a letter confirming this joint decision must be sent to Indian Oil and Gas Canada with a “cc” to the Band Council.
Step One: Lessee submits to Indian Oil and Gas Canada:
- Completed Pages 1 and 2 of the Surface Rent Amending Agreement
- Copies of all correspondence regarding rent review negotiations between Lessee and Band Council
Note: Effective Date of the agreement will be determined by Indian Oil and Gas Canada
Once Lessee has submitted the above information, IOGC will review the documents and advise Lessee in writing they can proceed to Step Two of the Rent Review process.
Step Two:Lessee submits to Indian Oil and Gas Canada:
- Four completed, original Surface Rent Amending Agreements
- Four original Band Council Resolutions, dated and executed by a quorum of the Band Council
- Four execution pages, signed by Lessee under seal *
- any monies owing based on the adjusted rental rate(s), made payable to the Receiver General for Canada
* All documents submitted to Indian Oil and Gas Canada must be executed in one of three ways:
- Signature under corporate seal; or
- By Witness and Affidavit of Execution; or
- Power of Attorney. Note - if the Power of Attorney has not been recorded with Indian Oil and Gas Canada, 2 original copies are required for registration purposes.
If you have any questions regarding this procedure please contact Indian Oil and Gas Canada’s Surface Department at 292-5625.
E-5855-11-(Insert IOGC file #)
DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
INDIAN OIL AND GAS CANADA
INDIAN OIL AND GAS ACT AND REGULATIONS
SURFACE LEASE RENT AMENDING AGREEMENT
OS- (Insert Lease Number)
REFERENCE LOCATION: (Insert well name and legal land description)
This Agreement is effective
(Date will be inserted by Indian Oil & Gas Canada)
BETWEENHer Majesty The Queen In Right of Canada, as represented by the Executive Director of Indian Oil and Gas Canada, ("Lessor")
AND(Insert lessee/company name)
a body corporate, incorporated under the laws of the Province of (Insert Province), ("Lessee")
WHEREAS:
A.Lessor and Lessee are parties to Surface Lease OS-(Insert Lease Number) (“Lease”) effective (Insert effective date of Lease) ("Effective Date").
B.Lessor is empowered to amend the Lease in accordance with the Indian Oil and Gas Regulations, 1995 (“Regulations”) as amended from time to time.
C.This Surface Lease Rent Amending Agreement to the Lease is authorized by the Council of the (Insert Nation Name) First Nation, (Insert Reserve Name) Indian Reserve No. (Insert Reserve Number), as evidenced by a quorum of the Band Council signatures dated (Insert date of BCR).
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1.In place and stead of paying the annual rental of (Insert written dollar amount) (Insert numeric dollar amount in brackets), as provided for in the Lease, Lessee shall pay the annual rental of (Insert written dollar amount) (Insert numeric dollar amount in brackets) in advance of the anniversary date of the Lease in each and every year of the rental period commencing (Insert date new review commences).
2.The annual rental shall be subject to review prior to (Insert next review date of Lease), and at the end of each period fixed in the Lease (applicable provincial authority or negotiated term) from the Effective Date of the Lease. Review is based on the factors set out in Section 27(2)(b)(ii) and (iii) of the Regulations.
3.The Lease is amended only to the extent set out in this Surface Lease Rent Amending Agreement.
EXECUTED AND DELIVERED as of the date first above written.
EXECUTIVE DIRECTOR
INDIAN OIL AND GAS CANADA
(Insert Company Name)
Witness (if Power of Attorney *)
*Must be executed under corporate seal, or with witness and Affidavit of Execution, or with Power of Attorney and Affidavit of Execution. (If Attorney is executing, and not previously registered with IOGC, 2 original copies of the Power of Attorney are required.)
Page 1 of 3
Surface Lease Rent Amending Agreement to OS-(insert Lease Number)
BAND COUNCIL RESOLUTION AND SIGNATURES OF A QUORUM OF COUNCIL
DATED the ______day of ______200____
BCR No. ______
Province: ______
BAND COUNCIL RESOLUTION OF (Insert Nation Name)
A.The Lessee has applied for an amendment to Surface Lease OS-(Insert Lease Number) which terms have been negotiated with the Council and with Band members in lawful possession, (if any) and this Surface Lease Rent Amendment represents and sets out those negotiated terms.
B.Council wishes this Band Council Resolution to be both the approval of Council, as required by Section 50 of the Indian Oil and Gas Regulations, 1995 and signatures of a quorum as required by Section 27(5) of the Regulations, 1995.
NOW THEREFORE CHIEF AND COUNCIL RESOLVE AS FOLLOWS:
1.Indian Oil and Gas Canada is hereby authorised to issue an amendment to Surface Lease OS-(Insert Lease Number) to which this Band Council Resolution is attached.
2.This Band Council Resolution is the approval required by Section 27 (5) or Section 50, as the case may be, of the Indian Oil and Gas Regulations, 1995.
______
CHIEF
______
CouncillorCouncillorCouncillor
______
CouncillorCouncillorCouncillor
______
CouncillorCouncillorCouncillor
______
CouncillorCouncillorCouncillor
______
Names of persons in lawful possession Signature(s)
(Certificate of Possession)
Page 1 of 3
Surface Lease Rent Amending Agreement to OS-(insert Lease Number)