SHELLEY TIMBER AGREEMENT
THIS AGREEMENT made ___________.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Forests and Range and Minister Responsible for Housing
_______________
(“British Columbia”)
AND:
LHEIDLI T’ENNEH, as represented by the Lheidli T’enneh Government
(“Lheidli T’enneh”)
WHEREAS:
A. British Columbia intends to grant certain lands identified in Appendix A of this Agreement to Lheidli T’enneh;
B. British Columbia intends to reserve the coniferous timber on the granted lands in perpetuity to itself, its successors, and assigns; and
C. Lheidli T’enneh intends during the term of this Agreement to either harvest the timber on certain parts of those granted lands under occupant licences to cut, or to purchase that timber.
NOW THEREFORE in consideration of the premises and covenants and agreements set out below, the Parties agree as follows:
DEFINITIONS
1. Words and expressions not defined in this Agreement but defined in the Lheidli T’enneh Final Agreement have the meanings ascribed to them in the Lheidli T’enneh Final Agreement.
2. In this Agreement:
“Agreement” means this Shelley Timber Agreement;
“Communication” means a notice, document, request, approval, authorization or consent required or permitted to be given or made under this Agreement;
“Contributing Areas” means those areas of the Granted Lands identified in Appendix A on which the Timber is either harvested or purchased by Lheidli T’enneh;
“District Manager” means a district manager under the Forest Act;
“Effective Date” means the date upon which the Lheidli T’enneh Final Agreement takes effect;
“Granted Lands” means the land identified in Appendix A;
“Lheidli T’enneh Final Agreement” means the Lheidli T'enneh Final Agreement signed on behalf of Her Majesty in right of Canada on [__________],Her Majesty in right of British Columbia on [__________] and Lheidli T'enneh on [__________],and includes any amendments made to the Lheidli T'enneh Final Agreement from time to time in accordance with its provisions;
“Occupant Licence to Cut” means an occupant licence to cut under section 47.4 of the Forest Act;
“Regional Manager” means a regional manager under the Forest Act; and
“Timber” means the coniferous timber on the Granted Lands.
GRANT AND RESERVATION
3. Upon the grant of the Granted Lands by British Columbia to Lheidli T’enneh:
a. this Agreement will be registered as a covenant under section 219 of the Land Title Act on the title to the lands identified in the grant by British Columbia in priority to all other financial charges on the title to the lands and Lheidli T’enneh will do everything required of it to enable such registration and it will obtain all agreements necessary to grant the covenant priority over all financial charges on title to the lands;
b. Lheidli T’enneh will permit the ingress and egress thereto and therefrom over the Granted Lands by British Columbia, its employees, agents and contractors, for the purpose of managing, maintaining and protecting the Timber, this statutory right of way being necessary for the operation and maintenance of British Columbia's undertaking; and
c. Lheidli T’enneh will not use or permit the use of the Granted Lands in any manner which interferes with the harvest of Timber in accordance with this Agreement or British Columbia’s right to manage, maintain or protect the Timber.
4. Lheidli T’enneh may only harvest the Timber on the Granted Lands under Occupant Licences to Cut entered into in accordance with this Agreement.
5. Lheidli T’enneh will apply for Occupant Licences to Cut with the District Manager or Regional Manager under section 47.4 of the Forest Act authorizing the harvesting of Timber on the Contributing Areas on which Lheidli T’enneh intends to harvest Timber.
6. Each Occupant Licence to Cut authorizing the harvesting of Timber on a Contributing Area must be entered into within 10 years after the Effective Date.
7. An Occupant Licence to Cut entered into under paragraph 6 will:
a. be for a term which does not exceed one year;
b. include the terms and conditions required by law, in particular those terms and conditions described in section 47.5(1)(a) of the Forest Act; and
c. include the terms and conditions that are consistent with the Acts and Regulations that are referred to under section 47.5(1)(b)(ii) of the Forest Act, as may be required by the District Manager or Regional Manager.
8. If Lheidli T’enneh has not entered into an Occupant Licence to Cut under paragraph 6 to harvest Timber on a Contributing Area:
a. Lheidli T’enneh will purchase the Timber on that area from British Columbia and will pay to British Columbia the greater of the appraised market value of the Timber on that area at that time, or the product of the volume of the Timber on that area and the rate prescribed as the minimum stumpage rate in the Minimum Stumpage Rate Regulation at that time;
b. the appraised market value of Timber on an area of land will be determined by a person approved of and appointed by the District Manager or Regional Manager;
c. Lheidli T’enneh will pay the full cost of the appraisal; and
d. the purchase of the Timber on a Contributing Area under this paragraph must be completed within 10 years after the Effective Date.
FORESTRY OBLIGATIONS
9. Nothing in this Agreement creates an obligation on behalf of British Columbia to manage, maintain or protect the Timber.
10. For greater certainty, during the term of this Agreement, the provisions of the Lheidli T’enneh Final Agreement with respect to wildfire suppression on Lheidli T’enneh Lands apply to the Granted Lands.
11. British Columbia will not be responsible for the reforestation of any areas of the Granted Lands after they have been harvested.
12. Nothing in this Agreement will be interpreted in a manner that requires British Columbia to act in a manner inconsistent with Federal or Provincial Law, or that fetters the statutory discretion of any government decision-maker.
TERM
13. This Agreement takes effect on the Effective Date.
14. This Agreement will terminate on the date that:
a. all Occupant Licences to Cut that have been entered into with Lheidli T’enneh in respect of Contributing Areas have been fully completed and satisfied; and
b. any purchases of the Timber on Contributing Areas have been completed under this Agreement.
DISPUTE RESOLUTION
15. If any issue arises with respect to interpretation, application or implementation of this Agreement where the Parties cannot reach an acceptable solution, the Parties agree to use the process described in the Dispute Resolution Chapter of the Final Agreement.
AMENDMENT
16. Any amendment to this Agreement must be in writing and executed by the Parties.
NO IMPLIED WAIVER
17. A provision of this Agreement, or the performance by a Party of an obligation under this Agreement, or the default by a Party of an obligation under this Agreement, may not be waived unless the waiver is in writing and signed by the Party or Parties giving the waiver.
18. No written waiver of a provision of this Agreement, of the performance by a Party of an obligation under this Agreement or of the default by a Party of an obligation under this Agreement, will be a waiver of any other provision, obligation or subsequent default.
FURTHER ASSURANCES
19. The Parties will execute any other documents and do any other things that may be necessary to carry out the intent of this Agreement.
INTERPRETATION
20. In this Agreement:
a. the use of the word “will” denotes an obligation that, unless this Agreement provides to the contrary, must be carried out as soon as practicable after the Effective Date or the event that gives rise to the obligation;
b. the word “or” is used in its inclusive sense, meaning A or B, or both A and B; and the word “and” is used in its joint sense, meaning A and B, but not either alone;
c. unless it is otherwise clear from the context, the use of the word “including” means “including, but not limited to”, and the use of the word “includes” means “includes, but is not limited to”
d. a reference to “paragraphs A to B” includes both paragraphs A and B;
e. unless it is otherwise clear from the context, a reference to a “paragraph”, “subparagraph” or “Appendix” means a paragraph, subparagraph or appendix, respectively, of this Agreement;
f. headings and subheadings are for convenience only, do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement;
g. a reference to a statute includes every amendment to it, whether amended before or after the Effective Date, every regulation made under it and any law enacted in substitution for it or in replacement of it;
h. unless it is otherwise clear from the context, “provincial” refers to the province of British Columbia and “provincial” has a corresponding meaning; and
i. unless it is otherwise clear from the context, the use of the singular includes the plural, and the use of the plural includes the singular.
21. All accounting terms have the meanings assigned to them under generally accepted accounting principles.
22. This Agreement:
a. is not part of the Lheidli T’enneh Final Agreement; and
b. is not a treaty or land claims agreement and does not recognize or affirm any aboriginal or treaty rights within the meaning of sections 25 or 35 of the Constitution Act, 1982.
TIME OF THE ESSENCE
23. Time is of the essence in this Agreement.
SEVERABILITY
24. If any part of this Agreement is declared or held invalid for any reason, the invalidity of that part will not affect the validity of the remainder which will continue in full force and effect and be construed as if this Agreement had been executed without the invalid part.
ENUREMENT
25. This Agreement will enure to the benefit of and be binding upon the Parties and their respective permitted assigns.
ASSIGNMENT
26. Unless otherwise agreed to by the Parties, this Agreement may not be assigned, either in whole or in part, by any Party.
NOTICE
27. Unless otherwise provided, a Communication must be in writing and:
a. delivered personally or by courier;
b. transmitted by fax or e-mail; or
c. mailed by any method of delivery for which confirmation of delivery to a named person is provided.
28. A Communication will be considered to have been given, made, or delivered, and received:
a. if delivered personally or by courier, at the start of business on the next business day after the business day on which it was received by the addressee or a responsible representative of the addressee;
b. if transmitted by fax or e-mail and the sender receives confirmation of the transmission, at the start of business on the business day next following the day on which it was transmitted; or
c. mailed by any method of delivery for which confirmation of delivery to a named person is provided, when the postal receipt is acknowledged by the addressee.
29. A Communication will be delivered, mailed to the address, or transmitted to the fax number, of the intended recipient as set out below:
For: British Columbia
Attention: Minister of Aboriginal Relations and Reconciliation
Room 310, Parliament Buildings
PO Box 9052 Stn Prov Govt
Victoria, British Columbia
V8W 9E2
Fax Number: (250) 356-6595
For: Lheidli T’enneh
Attention: General Manager
1041 Whenun Road
Prince George, British Columbia
V2K 5G5
Fax Number: (250) 963-6954
30. A Party may change its address or facsimile number by giving a notice of the change to the other Party in the manner set out above.
THIS AGREEMENT HAS BEEN EXECUTED as of the day and year first above written.
EXECUTED in the presence of:
_______________________________
As to the authorized signatory for the Minister of __________________
)
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA as represented by the Minister of Forests and Range and Minister Responsible for Housing or duly authorized signatory
_____________________________
Per: duly authorized signatory
As to the signature of
LHEIDLI T’ENNEH as represented by the Lheidli T’enneh Government or duly authorized signatory
Print This Page